Rutgers logo
Office of General Counsel

Conflicts of Interest

  

In the simplest terms, a "Conflict of Interest" is a conflict between an individual’s private or personal interests and the interests of the entity to which he or she has official responsibilities as a person in a position of trust. At Rutgers, a conflict of interest exists when there is the potential that a person in a position of trust may put his or her own interests ahead of his or her duties and obligations to the University.

Conflicts of Interest FAQs

Disclaimer Notice: These materials are presented here for informational purposes only and do not constitute legal advice on a particular matter. Legal advice must be tailored to the specific facts and circumstances relating to an issue. For legal advice on a particular Rutgers University matter within your official responsibilities, please consult with a member of the Office of General Counsel (OGC).

  • Yes. Both the New Jersey Conflict of Interests Law and Rutgers Code of Ethics define and provide examples of instances where a Rutgers employee may have a conflict of interest.

  • There are three essential principles in all ethics and conflicts rules:

    1. Rutgers employment shall not be used to obtain “unwarranted privileges and advantages” for oneself or others;
    2. Rutgers employees are to conduct their duties objectively and maintain the independence which fosters objectivity. Rutgers employees shall avoid any outside interests which could inappropriately benefit them due to their role as University employees or influence their University activities;
    3. Rutgers employees should avoid the appearance of impropriety.
  • Yes. Rutgers has a policy on Conflicts of Interest – Faculty (Policy 60.5.8), that addresses the professional activities (including outside employment) in which faculty may engage. The policy makes clear that faculty members may engage in outside employment and professional activities
    that are neither adverse to the interests of Rutgers or "trade" on the faculty members’ employment at Rutgers to secure inappropriate privileges or advantages for themselves or others.

    Examples from the policy regarding conflicts of interest are:

    • Orienting University research, teaching, or other University activity for inappropriate private advantage or, without disclosure to the University, to serve the needs of outside individuals, organizations, or institutions with which the faculty member is associated for financial gain.
    • Transmitting, without disclosure to and approval by the University, to outside individuals, organizations, or institutions with which the faculty member is associated for financial gain, or other inappropriate nonacademic use for financial gain or other private advantage, of University-sponsored work products, results, materials, records, or information that are not made generally available.
    • Undertaking for financial gain or other private advantage, and without permission from the University, either in the employment of oneself or in that of outside individuals, organizations, or institutions, contracted research or other similar contracted professional activity that the faculty member would normally engage in under University auspices.
    • Participating in or influencing the purchase or lease of equipment, instruments, materials, or other items for University use from individuals, organizations, or institutions with which the faculty member is associated for financial gain without disclosure of the association to the University.
    • Using University equipment, materials, services, students, or facilities without proper authorization, and compensation where appropriate, for the faculty member's own benefit or for the benefit of other individuals, organizations, or institutions with which the faculty member is associated for financial gain.
    • Accepting gifts, favors, or services having value from individuals, organizations, or institutions seeking access to University facilities or programs, or with which the University does business, under circumstances that might reasonably be interpreted as an attempt to influence the recipient in the conduct of his or her duties.
  • No. Although Conflicts of Interest – Faculty (Policy 60.5.8) defines "Outside Employment" as "all work for which one is compensated by any source other than Rutgers, The State University of New Jersey," it specifically notes that outside employment does not include ". . . compensation for published or creative works in one's field or honoraria for commissioned papers and occasional lectures." What is included within the definition is "self-employment, as well as part-time employment, consulting, advising, research, and teaching for other employers."

  • Yes. The Investigator Conflict of Interest policy (Policy 90.2.5) was developed to identify and manage actual or perceived conflicts of interest that may arise in research. The purpose is to ensure the integrity, objectivity and freedom of inquiry by Rutgers' investigators, and the safety and welfare of human research subjects.

  • Yes. There is a Conflicts of Interest Policy for Members of the Boards of Governors and Trustees, the Camden Board of Directors, and University Officers (Policy 50.1.12) that specifically and clearly describes how the New Jersey Conflict of Interest law applies to members of both the Board of Governors and the Board of Trustees, as well as University Officers (as those Officers are defined in the Board of Governor’s Bylaws III.A.)

  • Yes. The Rutgers Office of University Ethics and Compliance maintains a website that has direct links to an Ethics FAQ, policies and forms related to the avoidance of conflicts of interest. University Ethics and Compliance has also developed a helpful "Plain Language Guide" that explains when Conflicts of Interest may arise, how best to avoid them and how to deal with them when they cannot be avoided.