 Frequently Asked Questions
What is a conflict of interest?
Generally, a conflict of interest is a situation in which an individual in a professional position can influence the outcome of a decision or action of a third party organization in such a way that the individual will benefit financially.
What is a perceived conflict of interest?
There may be an appearance of conflict or “perceived conflicts” if a person is involved in a particular matter involving third parties (including individual, corporate entities, etc) and the circumstances are such that a reasonable person with knowledge of the relevant facts would question the likelihood that the individual could maintain impartiality. Perceived conflict is often identified by asking oneself how the fact pattern would look if on the front page of a newspaper.
If you believe there may be an appearance of conflict in a situation, you are encouraged to consult with Mason’s Conflict of Interest Committee, which can provide guidance and observations.
If I approach the Conflict of Interest Committee with a question regarding potential conflict of interest, will my inquiry be treated with confidentiality?
Such inquiries are related to the performance of university employees. Therefore, these matters will normally be considered in closed meetings, and will not be subject to FOIA (Freedom of Information Act) pursuant to §2.2-3711.A.1. of the Code of Virginia.
Who can be in a conflict of interest situation?
Although people in faculty, management, and supervisory positions are those most likely to encounter a conflict of interest situation, potentially anyone could find himself or herself in a conflicted position.
What is a financial conflict of interest?Generally in the state of Virginia, you have a financial conflict if your personal interest, or that of a family member, involves a benefit or liability exceeding $10,000 per year or involves greater that 3% equity interest in a business. According to NIH NSF regulation, a financial conflict exists if your personal interest, or that of a family member, involves a payment exceeding $10,000 annually or involves greater than 5% equity interest in a business.
When do I have to disclose my financial interests?
You need to disclose your financial interest in a company if that company will enter into a contract with the university and you will benefit from that contract.
Will I have to disclose all my financial interests?
If you are granted a waiver of conflict of interest as allowed under Virginia law, you will be required to complete and file a Virginia Statement of Economic Interests form on which you will be required to list all your financial interests.
If I, my spouse or my immediate family or dependent has a financial interest in a company, does that mean the company cannot sponsor my research at Mason?
No, not necessarily. In such an instance, you may request a waiver of conflict of interest. To begin the waiver process, you should contact the Director of Sponsored Programs at x2988.
What is the definition of “immediate family or dependent”?
An immediate family member is your spouse, and/or any other person (whether a relative or not) residing with you for whom you provide more than half of his or her support.
What aspects of any disclosure are not considered confidential?
Your actual request for waiver is not a confidential document and is therefore subject to a FOIA (Freedom of Information Act) request. If you are granted a conflict of interest waiver, the Virginia Financial and Economic Interest Disclosure form does go to Richmond and is available on request to the public.
Am I allowed to accept gifts from companies?
Yes, but you cannot accept any gift that reasonably tends to influence you in the performance of your official duties, or that raises an appearance of using your public position for private gain.
What is a gift?
A gift is any gratuity, favor, discount, entertainment, hospitality, loan, forebearance, or other item having monetary value.
Is it a conflict for me to start up a company around a technology developed at Mason?
It is essential that faculty members who are planning to form a company around technology developed at the University contact the Office of Technology Transfer (OTT) at the earliest possible time when discussions begin relating to company formation. That office will be able to advise you.
How do I know if I have a conflict of interest?
You may contact a member of the committee at any time to discuss your own situation. It is also important that faculty members discuss outside activities with their chair or director, and disclose all outside activities related to research or other university activities. Faculty reports are to be reviewed by chairs or directors and forwarded to the Dean or Director (or their designee). You may also use the Self Assessment form found on this website to begin your evaluation
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