PE 452 - Conflicts of Interest

Employees have access to Eastern Iowa Community College District (EICCD) information and a captive EICCD audience that could provide the employee with personal or financial gain if used inappropriately. As an EICCD employee, there is an expectation that employees be cognizant of conflicts of interest that arise during employment at the EICCD. These may be bona fide or perceived conflicts of interest and the employee may need assistance in determining the appropriate course of action. If employees do not recognize those conflicts and/or choose to act despite the conflict, then it may be considered unethical behavior. Unethical behavior does have consequences for the employee.

There are categories of conflicts of interest. Those include but are not limited to: outside employment, use or sale of EICCD facilities and equipment, use of position to influence contracting, nepotism, and acceptance of gifts.

Outside employment or activities: Generally, excluding charitable fundraising activities, employees are prohibited from participating in outside activities or employment wherein the employee uses their position to sell goods or services to students or EICCD employees.

There are certain limited and specific situations, where the Chancellor may agree to provide approval for solicitations within specific conditions but may at any time require the solicitations to cease.

Employees are also prohibited from the use of the EICCD’s time, facilities, equipment and supplies, or the use of the EICCD’s badge, uniform, business card, or other evidence of office to give the employee or the employee’s immediate family an advantage or pecuniary benefit, that is not available to the public. Employees are prohibited from any outside employment or activity that involves the receipt of or promise of more or other consideration by the employee or a member of the employee’s immediate family from anyone, other than the EICCD for the performance of any act considered part of the employee’s regular duties or during hours which the employee performs service or work for the EICCD.

If a conflict exists, then the activity or employment must immediately cease.

Use of position to influence contracting or procurement: If the outside employment or activity is subject to the official control, inspection, review, audit, or enforcement authority of the employee during the performance of the employee’s duties then the employee must:

Cease the outside employment or activity; or,
Publicly disclose the existence of the conflict and refrain from taking any official action or performing any official duty that would detrimentally affect or create a benefit for outside employment or activity. Official action or official duty includes, but is not limited to, participating in any vote, taking affirmative action to influence any vote, or providing any other official service or thing that is not available generally to members of the public in order to further the interests of the outside employment or activity.

Additionally, if the employee has the ability to influence procurement, employees will not participate in the selection, award, or administration of a contract if there is a real or apparent conflict of interest in the contract. Contract, for purposes of this paragraph, includes a contract where the employee, employee’s immediate family, or a non-EICCD employer of these individuals is a party or beneficiary to the contract.

Nepotism: EICCD is committed to a policy of employment and advancement based on qualifications and merit and does not discriminate in favor of or in opposition to the employment of relatives. Due to potential for perceived or actual conflicts, such as favoritism or personal conflicts from outside the work environment, which can be carried into the daily working relationship, EICCD will hire relatives of persons currently employed only if:

Candidates for employment will not be working directly for or supervising a relative or immediate family member, and
Candidates for employment will not occupy a position in the same line of authority in which employees can initiate or participate in decisions involving a direct benefit to the relative. Such decisions include hiring, retention, transfer, promotion, wages and leave requests.

Immediate family shall be interpreted as father, mother, son, daughter, wife, husband, stepchild, grandmother, grandfather, brother, sister, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, and any other member of the immediate household. Employees are further required to disclose any personal, romantic, or consensual relationships with anyone in the same line of authority, and EICCD may take steps to remove employees from lines of authority based on those relationships.

Consensual Relationships: EICCD strives to create an atmosphere of professionalism and trust in its academic and workplace environments. Consensual romantic or sexual relationships between members of the EICCD community, even if appropriate in other circumstances, may compromise the college’s workplace and academic integrity when power differentials or conflicts of interest exist.

Power differentials occur when one party to the relationship is in a position of authority over the other party to the relationship. Power differentials can impact whether a relationship is genuinely consensual. Consensual relationships involving power differentials also have potential for creating actual and perceived conflicts of interest, favoritism and bias, and they potentially undermine the integrity of any oversight, supervision, or evaluation provided.

During the course of employment, no faculty or staff member shall enter into a consensual relationship with a student or another employee over whom they have a position of authority. “Positions of authority” expressly exist between faculty, staff and current students of the college and between supervisors and subordinate employees. In cases where a faculty or staff member has a position of authority over a student or employee with whom they currently have or previously had a consensual relationship, the faculty or staff member must immediately disclose the relationship to the Director of Human Resources. Human Resources will work with the faculty or staff member to mitigate adverse effects. The faculty or staff member must cooperate in these efforts. Mitigation efforts may include transferring one of the individuals to another position; transferring supervisory, decision-making, evaluative, academic or advisory responsibilities; or providing an additional layer of oversight to the supervisory role.

Acceptance of Gifts: EICCD employees are subject to the Iowa gift law. It is unethical to accept gifts from anyone seeking to be a party to a contract, bid, sale, purchase or lease with EICCD, with a person or entity who may be directly and substantially affected by the employee’s official duties, or is a party to a matter which is pending before EICCD.

It is the responsibility of each employee to disclose all potential or bona fide conflicts of interest to their immediate supervisor. Failure to identify, disclose, or act in accordance with this policy may lead to discipline, up to and including termination.

DATE OF ADOPTION: 9/16/24

REVIEWED: —-

LEGAL REFERENCE: Iowa Code Section 260C.14(5) Iowa Code 68B