It is critical to the mission and reputation of the University of Maryland ("the University") to ensure that all financial, research, and educational activities are carried out with maximum objectivity. The University must be aware of any Relationships involving Significant Financial Interest that may compromise or appear to compromise its integrity in research, teaching, outreach, or other activities. The University establishes this Policy on Institutional Conflicts of Interest ("this Policy") to govern Institutional Conflicts of Interest (ICOIs) by University Officials, who are able to commit the University’s significant financial resources and/or prestige to an endeavor on the basis of their University position.

This Policy does not govern situations in which individuals who are not University Officials (such as University employees and students) might realize financial gain from the conduct of research or performance of other responsibilities at the University. The University of Maryland Policy on Conflict of Interest and Conflict of Commitment (II-3.10[A]) (“COI/COC Policy”) and the Disclosure and Conflict Management Guidelines govern such situations and the University's Conflict of Interest (COI) Committee adequately identifies such situations and independently manages their associated risks to scientific objectivity and proper treatment of human and animal subjects.

1. "COI Administrator" means the individual appointed by the University's Vice President for Research to support the implementation of this Policy, the University's COI/COC Policy, and the University's Policy on Financial Conflicts of Interest in Federally Funded Research (II-3.10[C]), and to oversee the work of the Disclosure Office, COI Committee, and ICOI Committee.
2. "Disclosure(s)" means information that is required to be provided on all outside professional activities, external Relationships, and/or Significant Financial Interests.
3. "External Entity(ies)" means an entity that is external to the University with which University employees may choose to engage. These may include but are not limited to entities such as domestic governments (U.S. federal, state, or local), foreign entities (governments, institutions, companies), domestic or international institutions or societies (academic, professional, commercial), philanthropic organizations, or companies (sole proprietorships, for profit companies whether publicly traded or not, non-profits, startups, or any other corporate entity regardless of whether they are registered to do business).
4. "Gift" means any gratuity, favor, discount, entertainment, hospitality, loan, forbearance, software, license, special access, equipment, equipment time, samples, research data, or other item having monetary value. A Gift also includes services as well as Gifts of training, transportation, local or foreign travel, lodging, meals, and research hours, whether provided in-kind, by purchase of a ticket, payment in advance, or reimbursement after the expense has occurred. A Gift by definition is given without expectation of anything in return.
5. "Institutional Conflict of Interest (ICOI)" means situations in which the financial interests of the institution, or of a University Official acting within their authority on behalf of the institution, might affect or appear to affect the objectivity of institutional processes for the selection, design, conduct, reporting, review, or oversight of the University enterprise. For the purposes of evaluating ICOI, activities related to research, teaching, and outreach, and the administration of those functions, singly and collectively, represent the University enterprise.
6. "Management Plan" means a written plan provided by the University that describes how a conflict or potential conflict will be managed.
7. "Relationship(s)" means any interest, activity, service, employment, Gift, or other benefit or association with an individual or entity not part of the state government that would be prohibited by Maryland Public Ethics Law if not reported on a Disclosure and approved according to the COI/COC Policy, the Disclosure and Conflict Management Guidelines, and any other relevant University System of Maryland and/or University policy.
8. "Significant Financial Interest" means anything of monetary value, including, but not limited to, salary or other payments for services (e.g., Consulting fees or honoraria); equity interest (e.g., stocks, stock options or other ownership interests); Intellectual Property rights (e.g., patents, copyrights, and revenue from such rights); and/or positions outside of the University that involve a fiduciary role for an External Entity, whether compensated or not.
9. "Unit" means a department, center, institute, division, or non-departmentalized College or School.
10. "University Official" means any individual(s) at the University who, because of their respective positions with the University, can affect or can reasonably appear to affect University processes for the design, conduct, reporting, review, or oversight of research and who have the authority to commit significant University resources. They include, but are not limited to, the President of the University, Assistant President and Chief of Staff, Vice Presidents, Associate and Assistant Vice Presidents, the Senior Vice President and Provost, Associate Provosts, Deans, Associate Deans, Department Chairs, Center and Institute Directors, and the Athletic Director, including those holding these positions in an interim capacity, as well as others who have discretionary authority to allocate resources related to the University enterprise as identified by any of the officials named previously. University Officials are also University employees and are included in all references to University employees.

1. This Policy applies to University Officials.
2. ICOIs may arise in situations where the University holds investments in an External Entity that has a financial or business relationship with the University.
3. This Policy is applied concurrently with the following policies or guidelines, and all University Officials remain subject to:
   1. The University System of Maryland (USM) Policy on Conflicts of Interest in Research or Development (III-1.11);
   2. The University of Maryland Policy on Conflict of Interest and Conflict of Commitment (II-3.10[A]) (“the COI/COC Policy”);
   3. The University of Maryland Policy on Organizational Conflicts of Interest (II-3.10[F]);
   4. The University of Maryland Policy on Financial Conflicts of Interest in Federally Funded Research (II-3.10[C]); and
   5. The University’s Disclosure and Conflict Management Guidelines.

1. The Institutional Conflict of Interest Committee (“ICOI Committee”) is appointed by the President upon recommendation of the Vice President for Research.
2. The ICOI Committee serves as an advisory body to the President and is charged with implementing this Policy as described in the Disclosure and Conflict Management Guidelines.
3. The ICOI Committee is composed of:
   1. The COI Committee Chair or their designee, who will serve as chair of the ICOI Committee;
   2. An external member from the scientific community without a University affiliation;
   3. The Institutional Review Board (IRB) Committee Chair, or designee;
   4. The Assistant Vice President and Director of the Office of Research Administration (ORA), or designee;
   5. Two (2) tenured faculty members from the University;
   6. An official from another local university;
   7. The Vice President for Finance and Chief Financial Officer, or designee; and
   8. Non-voting ex-officio members representing the following:
      1. The COI Administrator;
      2. The Office of General Counsel;
      3. The Vice President for University Relations, or designee;
      4. The Department of Procurement and Business Services;
      5. The Chief Innovation Officer and Associate Vice President for Innovation and Entrepreneurship and Economic Development, or designee;
      6. The Executive Director of UM Ventures, or designee; and
      7. The MTech Director, or designee.
   9. Additional non-voting ex-officio members with relevant expertise, whether affiliated with the University or not, may be added to serve on the ICOI Committee as needed.
4. For each meeting of the ICOI Committee, UM Ventures, the Office of Research Administration (ORA), the Office of Procurement and Business Services, and University Relations will each provide the ICOI Committee with up-to-date information on the University’s financial relationships with External Entities, in order to provide necessary context to the ICOI Committee’s deliberations on whether an ICOI may exist.

1. Disclosing ICOIs
   1. The Office of the President, through the Office of Institutional Research, Planning, and Assessment (IRPA), will provide a list of University Officials identified as having authority to allocate resources related to the University enterprise to the COI Administrator on an annual basis.
   2. All University Officials are required to submit a Disclosure in accordance with the COI/COC Policy, which will be reviewed for potential ICOIs. When real or perceived ICOIs are identified, the COI Administrator will flag the Disclosure for additional review.
   3. ICOIs may arise from Research-related Gifts. As such, Research-related Gifts from an External Entity to a University Official or a University Official’s Unit must be disclosed in the Kuali Gift Routing System to ensure oversight and transparency in the distribution of Gift funds.
2. The Disclosure and Conflict Management Guidelines address the process for additional review of flagged Disclosures. Disclosures will be reviewed by the ICOI Committee or by the ICOI Committee Chair and the Disclosure Office acting on behalf of the Committee.
3. Review Outcomes
   1. The ICOI Committee or its Chair will make a recommendation to the President on whether an ICOI exists and on any required conditions or circumstances designed to manage the ICOI.
   2. In cases where an ICOI can be managed, a Management Plan will be developed in alignment with COI/COC Policy and the Disclosure and Conflict Management Guidelines, subject to approval by the President.
   3. In cases where an ICOI cannot be eliminated, reduced, or managed, the University Official will be prohibited from engaging in the activity or Relationship.
   4. In instances where the President has an ICOI, the President must recuse themself and defer to the Chancellor of the University System of Maryland or the Chancellor’s designee, who will create and approve a Management Plan in consultation with the Vice President for Research (VPR).

1. Failure to comply with this Policy, the Disclosure and Conflict Management Guidelines, applicable University System of Maryland (USM) and University policies, and/or other Disclosure requirements associated with Sponsored Projects may be a violation of state and/or federal laws.
2. University Officials found to be in violation of this Policy, the Disclosure and Conflict Management Guidelines, or state and/or federal laws based on any form of dishonesty or by acting in bad faith (including repeated violations) may face disciplinary action, as appropriate given the circumstances of the violation and the status of the University Official, and in accordance with relevant University policies.
   1. Violations of the Policy include, but are not limited to, failure to submit a Disclosure; knowing submission of an incomplete, erroneous, or misleading Disclosure; knowing submission of a false certification; failure to comply with an approved Management Plan; and/or failure to comply with any other requirement of this Policy.
   2. Disciplinary actions may include, but are not limited to, restrictions on research activities at the University, freezing federally-funded research accounts, suspension and/or termination of employment, in accordance with USM and University policies.
   3. The Vice President for Research has the authority to implement disciplinary actions through existing mechanisms in collaboration with appropriate University Units.
3. The President may revoke approval of a Management Plan if a University Official:
   1. Misrepresents the nature of an interest in an External Entity;
   2. Fails to comply with the Management Plan or any other conditions or restrictions; or
   3. If circumstances change, leading to an unmanageable ICOI, a violation of USM or University policy, and/or a conflict with applicable legal requirements.