You should always seek the advice of NJIT’s Ethics Liaison Officer (ELO) before engaging in any activity that may violate the Conflicts of Interest Law or the Uniform Ethics Code. Scholarly Capacity
There are special ethics standards that apply to employees acting in a scholarly capacity. Scholarly capacity is defined as any pedagogical, academic, artistic, educational or scholarly activity performed by a State official for the State institution of higher education that employs or has appointed such State official.
An employee acting in a scholarly capacity may accept an honorarium, academic prize or other thing of value if it reflects payment for sharing his or her intellectual property orally or in writing, acting in an editorial capacity for a journal or other publication, reviewing journal or book manuscripts, grants or contract proposals, or participating in accreditation or other peer review activities.
An employee acting in a scholarly capacity may also accept compensation for published works created as a part of his or her official duties, on NJIT time, using NJIT resources. If the employee mandates the use of his or her own published work in a course that he or she teaches, monies resulting from such use must be donated to the college or university or to a non-profit institution.
An NJIT employee acting in a scholarly capacity may accept compensation for the use of his or her published work in a course that he or she does not teach, provided that he or she was not involved in the selection of the published work for use in that course.
An employee acting in a scholarly capacity may attend, participate in or make presentations at colloquia, seminars, conferences or similar scholarly gatherings, provided that the employee notifies his or her department chair of his or her attendance, participation or presentation.
An employee acting in a scholarly capacity may accept certain direct or indirect benefits associated with his or her attendance at an event such as reasonable travel and meal expenses and allowable entertainment expenses. Allowable entertainment expenses include costs for a guest speaker, as well as incidental music and other ancillary entertainment at an event, provided they are moderate and not elaborate or excessive.
On an annual basis, an employee acting in a scholarly capacity is required to disclose to his/her department chair any travel, meal or entertainment expenses, honoraria, academic prizes or other things of value related to activities performed in his/her scholarly capacity. An employee acting in a scholarly capacity shall use the SEC's Annual College and University Disclosure Form to make his/her annual disclosure of receipt of things of value that are related to scholarly activities.
This form shall be submitted to the employee's department chair and is kept on file for five years.
Gifts, Services, Favors & Other Things of Value
There is a zero tolerance policy towards accepting gifts, favors, or anything of value related in any way to your official NJIT position. The only exceptions:
- Honoraria, academic prizes and compensation for published works received in connection with activities performed in a scholarly capacity.
- Snacks such as coffee, soda, cookies, bagels, or doughnuts offered at meetings and conferences.
- Logo items or trinkets of nominal value such as pens or calendars available to the general public.
- Trophies and plaques awarded to the employee.
- Employee discounts offered to all State or government employees.
- A gift from a coworker, provided that the gift is not excessive or inappropriate for a business environment.
Outside Employment and Activities
You must complete an Outside Activity Questionnaire and disclose all employment and volunteer activities to ensure that your employment, volunteer activities and personal business interests are compatible with NJIT's rules and your NJIT responsibilities. You must not use NJIT time, personnel, or resources for any outside activity or employment.
Compensation for Official Duties
Your paycheck is your only permitted compensation for performing your official NJIT duties.
Exploitation of Official Position
You may not use your position to secure unwarranted privileges, benefits or advantages such as jobs, contracts, governmental approvals or special benefits for yourself, your family, your friends or others. You may not use your NJIT issued identification, business card or letterhead for any purposes that are not related to your official NJIT duties. You may not disclose confidential information or information that is not generally available to the public except in connection with your official NJIT duties.
Attendance at Events
Except as provided in the rules pertaining to scholarly capacity, you must obtain approval from NJIT’s Ethics Liaison Officer before you attend events that you are invited to because of your official NJIT position, if the event takes place away from your work location and is sponsored or co-sponsored by an entity other than a State academic institution or State government.
Political Activity
You are permitted to be involved in partisan political activities, as long as your institution does not prohibit such activities. You must not use NJIT time or resources for political activities. If you are an announced candidate for elective public office, you may solicit and accept campaign contributions. You cannot, however, accept a campaign contribution if you know it is given to substitute for a payment that you would otherwise not be permitted to accept pursuant to the zero tolerance gift policy.
Conflicts of Interest/Recusal
You may have no official involvement in a matter when you have a conflict of interest or the appearance of a conflict of interest. You have a conflict of interest when you have an outside financial or personal interest that is incompatible with the performance of your official NJIT duties. Some examples of outside financial and personal interests that might pose a conflict with your official NJIT duties include other employment, sources of income, investments, leadership roles in professional and trade organizations and matters related to business associates, friends or family members.
If you have a financial or personal interest that impairs your objectivity and independent judgment or creates the appearance of impropriety in any matter, you must recuse yourself from any involvement in the matter.
If you think you may have a conflict of interest, promptly seek advice from your ELO or the SEC to determine whether recusal is required.
Representation of Businesses or Individuals before State Colleges and Universities
You are prohibited from personally representing any party before the university that employs you. This prohibition includes making personal appearances on behalf of a party, making phone calls, sending e-mail or signing documents on behalf of a party on any matter pending before NJIT. This prohibition also applies to any partnership, firm or corporation in which you have an "interest," as that term is defined in the Conflicts of Interest Law.
Post-Employment Restrictions
After you leave NJIT, you are prohibited from representing a party other than NJIT in connection with a matter in which you were substantially and directly involved when you were employed by NJIT. If you have questions regarding post-employment restrictions, see your ELO before leaving NJIT. If you have questions regarding post-employment restrictions after you leave NJIT, contact the SEC.
Penalties
If you violate the Conflicts of Interest Law, the Uniform Ethics Code or NJIT’s Supplemental Code of Ethics, if applicable, you may be fined from $500 to $10,000 for each violation. You may also be suspended from your job for up to one year.
If you willfully and continuously violate the Conflicts Law or any ethics codes, you may be removed from public employment and prohibited from holding any public employment for up to five years. You may also be subject to suspension, demotion or other discipline.
When in Doubt, Ask!
If you think you have a conflict of interest or are unsure of any of these rules, ask your Ethics Liaison Officer or the SEC. Allegations of a violation of the Conflicts Law or the Uniform Ethics Code should be forwarded to the SEC.