A copy of this policy is available to download as a pdf here.
1.1 The University avoids actual and potential conflicts of interests where possible. We act honestly, ethically and transparently. We declare both actual and perceived conflicts of interest and take appropriate action to manage the conflict.
1.2 Senior staff, particularly those with responsibility for budgets or contracts, must take proper care that any conflict of interest, actual or perceived, does not arise from their position with the University or membership of or connection with other bodies and individuals outside the University.
1.3 Each year the University requires senior members of staff to complete a declaration of interests form to identify any potential conflicts of interest.
1.4 All staff, regardless or position or seniority, are under a duty to disclose conflicts of interest, actual or possible, to ensure the University acts in a manner which is honest, ethical and transparent.
A conflict of interest is a situation:
A conflict of interest can therefore be perceived or actual. Its existence does not necessarily arise due to unethical or unlawful bahevaiour, it may just be a coming together of circumstances.
For example,
The important matter is not how the conflict arose, but what impact this conflict may have or be perceived to have.
It is possible to prevent a conflict of interest, either perceived or actual, by being transparent about the conflict. By appropriately managing the conflict, you may still be able to perform a function or task where a conflict exists. However, this decision will be made by the Vice Chancellor.
It is essential that actual or potential conflicts of interest are brought to the attention of the Secretary to the Board as keeper of the register of interests so that a determination can be made as to what action should be taken to manage the conflict or if appropriate, avoid the conflict.
This policy applies to all University staff and governors. In relation to staff, the University's Financial Regulations dated 6th February 1989 state:
"18.1 Any member of staff of the University who has a pecuniary, family or other personal interest, direct or indirect, in any contract, or proposed contract, entered into on behalf of the Corporation shall declare this interest to the Clerk to the Board of Governors".
This duty also applies to any member of the Board of Governors as the Financial Regulations dated 6th February 1989 state:
"18.2 In like manner, any member of the Board of Governors who has a pecuniary, family or other personal interest, direct or indirect, in any contract, or proposed contract, entered into on behalf of the Corporation shall declare this interest to the Clerk to the Board of Governors who shall maintain a register for the purpose".
It is important that the University is able to conduct its business transparently, ethically and within the law. Due to the wide nature of University activities, there may be situations where staff place themselves in a difficult position where an outside interest may conflict, or appear to conflict with their duties disclose is the norm and in the event of any doubt it is better to disclose rather than not.
For the purposes of this policy, a "relative" means a family member of the individual concerned:
If you think you may have a conflict, you should ask yourself whether members of the public, knowing the facts of the situation, could reasonably conclude the interest involved might have influenced their decision. If in doubt, disclose the conflict.
If you think or know you might have a conflict of interest you must report this to your line manager and the Secretary to the Board using the conflict of interest form. You can return your form to a.w.lee@wlv.ac.uk or by post to Corporate Strategy & Governance Unit, MA216, City Campus South.
The Secretary to the Board will, if necessary, discuss the form with you and taking account of the nature of the conflict and your role in it, make an assessment of the risk the conflict actually presents and advise you accordingly.
Note, you must not do any work, enter into any transaction or do anything else that may be affected by the conflict of interest unless suitable mitigations have been put in place and have been approved by the Secretary to the Board.
Again, staff should ask themselves whether members of the public, knowing the facts of the situation, could reasonably conclude the interest involved might have influenced their decision. If you feel your colleague has a conflict of interest you should raise this with your line manager who will decide whether to approach the Secretary to the Board.
Action can be taken to manage a conflict. This matter will be considered by the Secretary to the Board who could decide the following course of action:
This list is non-exhaustive and it may be possible to combine the above actions to appropriately manage a conflict. However, if in doubt, always disclose the conflict.
Should you fail to disclose a conflict and go ahead and act, you may be subject to disciplinary proceedings. It is difficult to prescribe every situation where a conflict may arise and each matter will be considered on its own merit and individual circumstances.
Staff must ensure they take care not to solicit or recommend any person for employment by the University or for admission to it, other than through the proper procedures and must disclose if a candidate is related to them when providing references.
Approved by Board of Governors on 5th July 2012.
