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Senate Bill 22-23-13

Bill ID: 22-23-13
Name: Review of the Interim University of Maryland Consulting Policy (II-3.10[E])
Proposed: 10/14/2022
Sponsor: Reka S. Montfort, Director, Research Transparency & Outreach
Proposal: The Division of Research and the Office of General Counsel have identified a necessity for the University to develop and have in place a Consulting Policy based on federal, state, and local requirements, including those from:

National Security Presidential Memo (NSPM-33)/NSPM-33 Guidance and the regulatory and contractual requirements of federal agencies (e.g., PHS, NSF, and DOE), which require that institutions that receive government funding have processes in place for disclosing all outside professional activities including Consulting and for reviewing conflicts of interest/commitment (COI/COC);

Maryland State Ethics Law that applies to all UMD employees – The University recently received guidance from the Maryland State Ethics Commission on the obligations of University employees associated with conflict of interest and conflict of commitment; and

The USM Policy on Professional Commitment of Faculty (II-3.10), which includes a provision on outside professional consulting and requires an institutional policy be in place.

The lack of a Consulting policy has also been identified as an area of risk for the University. Because of the federal, state, and USM requirements, the Vice President for Research agreed that the development of the Consulting Policy was a key priority. These requirements and associated deadlines also fulfill the Senate’s criteria for interim University policies.

Based on the need for a breadth of subject-matter expertise to develop the policy, a working group composed of Division of Research staff, faculty, and research staff, including the Chair of the Conflict of the Conflict of Interest Committee; a few key administrators from the Provost’s Office, and the Office of General Counsel (OGC), worked collaboratively to develop a draft interim Consulting policy. The draft policy was reviewed and refined following input on the COI process and input from the deans, the Senate Director, the Associate Provost for Faculty Affairs, the Senior Vice President & Provost, the Senate Leadership, and OGC before being finalized and approved as an interim policy pending Senate review by the President on October 14, 2022.

The Interim Consulting Policy must be reviewed by the University Senate before it can be formally codified as University policy.
Active? Yes
Policy: https://policies.umd.edu/faculty/university-of-maryland-policy-on-consulting

Status

Status: Under Review
Reviewer: Research Council
Received: 2022-11-16
Decision Due By: 2023-09-12
Next Step: SEC review
Related Files:

Status: Complete
Reviewer: Senate Executive Committee (SEC)
Received: 2022-10-14
Decision Date: 2022-11-16
Decision: The SEC voted to charge the Research Council with the review of the interim policy.
Actions: The SEC reviewed the interim policy on consulting, voted to charge the Research Council with the interim policy review, and discussed possible charge elements to include with the review.
Next Step: Research Council review
Related Files:
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