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UTMB HANDBOOK OF OPERATING PROCEDURES
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Section 6 Compliance
Subject 6.1 General Compliance
Policy 6.1.11 Code of Ethics
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11/01/95 -Originated
12/21/07 -Reviewed w/ changes
04/16/02 -Reviewed w/o changes
Compliance -Author
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Code of Ethics
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Policy
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This policy is designed to establish a code of ethics for all UTMB employees, contractors and students. An important part of developing a Code of Ethics is recognizing conflicts of interest. A conflict of interest exists when a person owes an obligation to UTMB that is or might be compromised by the pursuit of outside interests. Outside interests, such as professional activities, personal financial interests, or the acceptance of gifts from third parties, can create conflicts between the interest of individual employees and the interests of UTMB. These conflicts may prevent employees from making decisions that are in the best interest of UTMB. Even if outside interests do not actually impair an employee’s ability to act in the best interest of UTMB, it may appear to the public that the employee’s independence of judgment has been affected. As a result, employees, contractors and students of UTMB may not have a direct or indirect interest, financial or otherwise, of any nature that is in conflict with the proper discharge of the employee's, contractor’s or student’s duties. Employees, contractors, and students shall timely furnish such written disclosures as may be required by state and federal authorities or by UT System requirement. All employees, contractors and students of UTMB shall adhere to the following standards of conduct.
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Standards of Conduct
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• No employee shall accept or solicit any gift, favor, or service that might reasonably tend to influence the employee in the discharge of his or her official duties or that the employee knows or should know is being offered with the intent to influence his or her official conduct.
No employee shall intentionally or knowingly solicit, accept, or agree to accept any benefit for having exercised his or her official powers or performed his or her official duties in favor of another.
• No employee shall accept employment or engage in any business or professional activity which the employee might reasonably expect would require or induce the employee to disclose confidential information acquired by reason of his/her official position.
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Standards of Conduct, continued
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• No employee shall disclose confidential information gained by reason of his/her official position, or otherwise use such information for his/her personal gain or benefit.
• No employee shall transact any business in his/her official capacity with any business entity of which the employee is an officer, agent, or member, or in which the employee owns a substantial interest.
• No employee shall make personal investments which could reasonably be expected to create a substantial conflict between the employee’s private interest and the public interest.
• No employee shall accept other employment or compensation which could reasonably be expected to impair the employee’s independence of judgment in the performance of the employee’s public duties.
• Sexual harassment and sexual misconduct are unacceptable behaviors. Such unacceptable behavior includes verbal or physical conduct of a sexual nature. Incidents of sexual harassment or sexual misconduct should be reported in accordance with Policy 3.2.4, Sexual Harassment.
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Other Information on Ethical Behavior
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Other ethical issues, such as issues related to the use of government resources, sexual harassment, political activities, legislative lobbying, and the use of confidential information, are addressed in other UTMB policies and are discussed in the UTMB Standards of Conduct Guide. Additional information may be found on the website of the UT System Office of General Counsel at www.utsystem.edu/ogc/ethics.
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Violations
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There are consequences for failing to comply with conflict of interest laws, rules, or policies. State law requires that appropriated money may not be used to compensate an employee who violates the standards of conduct. Failure to comply with the standards of conduct discussed above is grounds for disciplinary action by UTMB, including termination of employment. Additionally, civil and criminal penalties may apply under certain circumstances.
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Reference
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Policy 2.6.5 Acceptance and/or Solicitation of Gifts or Benefits from Vendors
Policy 6.1.12 Conflict of Interest and Commitment Policy
UTMB Standards of Conduct Guide http://intranet.utmb.edu/compliance/SOCG_2005_3rdEd/SOC_Guide2005.pdf
Texas Government Code §572.051.
UTMB’s Ethics and The University of Texas Medical Branch brochure.
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