102.2 - External Professional Activities for Pay by Faculty and Non-Faculty EHRA Employees

University Group Policy #102.2

Policy Statement

In accordance with Winston-Salem State University’s (WSSU) policy on Conflicts of Interest and Commitment Affecting Faculty and Non-Faculty EHRA Employees, WSSU faculty and non-faculty EHRA employees may sometimes engage in compensated activities that are not a part of WSSU employment. Employees apply their specialized knowledge and experience to activities outside of their employment at WSSU, thereby enhancing their own capabilities in teaching and research and contributing significant societal benefits, including economic development through technology transfer. These activities are encouraged if the intended activities do not create a conflict of interest or a conflict of commitment.

An EHRA employee who wishes to engage in external professional activity for pay must adhere to these regulations, as they may be amended from time to time, to provide satisfactory assurances that such activity will not interfere with University employment obligations.

Guidelines

  1. Any EHRA employee who plans to engage in external professional activity for pay shall complete the Notice Of Intent to Engage in External Professional Activities for Pay form (hereinafter referred to as “Notice of Intent” see Appendix I), which shall be filed with the head of the department in which the individual is employed. A separate form shall be filed for each such activity in which an employee proposes to engage. Unless there are exceptional circumstances, the Notice shall be filed not less than ten (10) calendar days before the date the proposed external professional activity for pay is to begin.
  2. Approval of a Notice of Intent may be granted for a period not to exceed the balance of either 1) the fiscal year (in the case of 12-month employees and employees with contract service periods that include the summer session) or 2) the academic year (in the case of 9-month employees with no summer session contract period) remaining as of the date of approval; if the approved activity will continue beyond the end of the relevant fiscal or academic year in which it was begun, an additional Notice must be filed at least ten (10) days before engaging in such activity in the succeeding relevant year.
  3. Except as set out in paragraph D below, the Notice of Intent shall be considered as follows:
    1. If after reviewing the Notice of Intent and consulting with the EHRA employee the department head (or other appropriate administrator) determines that the proposed activity is inconsistent with the policy statements of Winston-Salem State University or the Board of Governors, then the employee shall be notified of that determination in writing within ten (10) calendar days of the date the Notice of Intent is filed. In the event of such notification by the department head, the employee shall not proceed with the proposed activity but may appeal that decision in writing to the dean of the school/college within ten (10) calendar days.
    2. If the decision is appealed to the dean, the dean must review the Notice of Intent and may consult with the requesting employee about the proposed activity. Within ten (10) calendar days, the dean shall send written notification of his or her decision. If the proposed activity is inconsistent with the policy, then the dean shall give an explanation as to why the proposed activity presents a conflict of interest or a conflict of commitment. In the event of such notification by the dean, the EHRA employee shall not proceed with the proposed activity but may appeal that decision in writing to the chancellor or the chancellor’s designee within ten (10) calendar days. The chancellor may consider any information he or she deems relevant. A decision on any such appeal shall be given to the employee within ten (10) calendar days of the date on which the appeal is received. The chancellor’s decision is final and may not be appealed to the Board of Trustees or the Board of Governors.
  4. If question 8, question 9a, or question 9b on the Notice of Intent is answered in the affirmative, the procedure set out in paragraph C above shall be modified as follows: The decision of the department head to approve the activity shall be reviewed promptly and approved or disapproved within ten (10) days of receipt by the administrative officer to whom the department head reports, and appeal of a disapproval by that officer shall be to the chancellor or the chancellor’s designee.
  5. Departmental summaries of all Notices of Intent filed and of actions taken in response to such Notices of Intent during the preceding fiscal year shall be submitted by department heads to the chancellor or the chancellor’s designee each July. On or before September 1 of each year, upon initiation by the UNC Office of the President Office of Research and Sponsored Programs, the chancellor will submit an annual summary report to the President.
  6. External professional activities for pay performed for another institution or agency of the State of North Carolina also must comply with State policies governing dual employment and compensation, unless an exception to those State policies is expressly authorized by the chancellor. G. In addition, senior academic and administrative officers may be subject to special regulations regarding honoraria as prescribed by 300.2.2.2 [R] of the UNC Policy Manual.
  7. In addition, senior academic and administrative officers may be subject to special regulations regarding honoraria as prescribed by 300.2.2.2 [R] of the UNC Policy Manual
  8. WSSU employees not complying with these procedures will be subject to disciplinary action, up to and including dismissal.

Special Provisions

These regulations shall not apply to EHRA employees serving on academic year contracts, if:

  1. the external professional activity for pay is wholly performed and completed outside of the academic year,
  2. the activity does not conflict with the policy statements of WSSU or the Board of Governors and
  3. the activity is not conducted concurrently with a contract for teaching, research, or other services to the institution during a summer session.

Persons in the category "Senior Academic and Administrative Officer" must use annual leave if they wish to engage during the conventional University workweek in external activities that produce income for them. In addition, persons in the category "Senior Academic and Administrative Officer" and EHRA non-faculty employees are prohibited from receiving an honorarium unless:

  1. the activity is performed during non-working hours or while the employee is on annual leave,
  2. the State has no responsibility for paying expenses associated with the activity, and,
  3. the activity is not part of the employee's State duties.

Applicability

This policy applies to all Faculty and Non-Faculty EHRA Employees.


Responsible Division: Vice Chancellor and Chief of Staff

Authority: Board of Trustees

History:

  • Adopted: December 12, 2008