Wright Way Policy
Policy Number: 1104
Authority: Office of General Counsel;O.R.C. Chapters 102 and 2921; (Governor's Executive Order 2007-01S) 1/08/2007
1104.1 Policy Statement
It is the policy of Wright State University to carry out its mission in accordance with the strictest ethical guidelines and to ensure that Wright State University officials and employees conduct themselves in a manner that fosters public confidence in the integrity of Wright State University, its processes, and its accomplishments.
1104.2 General Standards of Ethical Conduct
Wright State University officials and employees must, at all times, abide by protections to the public embodied in Ohio's ethics laws, as found in Chapters 102 and 2921 of the Ohio Revised Code, and as interpreted by the Ohio Ethics Commission and Ohio courts. Officials and employees must conduct themselves, at all times, in a manner that avoids favoritism, bias, and the appearance of impropriety.
A general summary of the restraints upon the conduct of all officials and employees includes, but is not limited to, those listed below. No official or employee shall:
- Solicit or accept anything of value, that would create a substantial and improper influence upon the official in his or her public duties, from anyone doing business with Wright State University;
- Promise or give a public official anything of value that would create a substantial or improper influence on the official in his or her public duties;
- Solicit or accept employment from anyone doing business with Wright State University, unless the official or employee completely withdraws from Wright State University activity regarding the party offering employment, and Wright State University approves the withdrawal;
- Use his or her public position to obtain benefits for the official or employee, a family member, or anyone with whom the official or employee has a business or employment relationship;
- Be paid or accept any form of compensation for personal services rendered on a matter before, or sells goods or services to, Wright State University;
- Be paid or accept any form of compensation for personal services rendered on a matter before, or sell (except by competitive bid) goods or services to, any, state agency other than Wright State University, unless the official or employee first discloses the services or sales and withdraws from matters before Wright State University that directly affect officials and employees of the other state agency, as directed in R.C. 102.04;
- Hold or benefit from a contract with, authorized by, or approved by, Wright State University, (the Ethics Law does except some limited stockholdings, and some contracts objectively shown as the lowest cost services, where all criteria under R.C. 2921.42 are met);
- Vote, authorize, recommend, or in any other way use his or her position to secure approval of a Wright State University contract (including employment or personal services) in which the official or employee, a family member, or anyone with whom the official or employee has a business or employment relationship, has an interest;
- During public service, and for one year after leaving public service, represent any person, in any fashion, before any public agency, with respect to a matter in which the official or employee personally participated while serving with Wright State University;
- Use or disclose confidential information protected by law, unless appropriately authorized; or
- Use, or authorize the use of, his or her title, the name "Wright State University," or "WSU", or Wright State University's logo in a manner that suggests impropriety, favoritism, or bias by Wright State University or the official or employee.
For purposes of this policy:
- "Anything of value" includes anything of monetary value, including, but not limited to, money, gifts, food or beverages, social event tickets and expenses, travel expenses, golf outings, consulting fees, compensation, or employment. "Value" means worth greater than de minimis or nominal.
- "Anyone doing business with Wright State University" includes, but is not limited to, any person, corporation, or other party that is doing or seeking to do business with, regulated by, or has interests before Wright State University.
1104.3 Financial Disclosure
Certain Wright State University officials are required to file a financial disclosure statement with the Ethics Commission by April 15 of each year. Any official or employee appointed, or employed to a filing position after February 15 and required to file a financial disclosure statement must file a statement within 90 days of appointment or employment.
If you have any questions regarding compliance with this policy or the Ohio Ethics Laws, please contact the Office of General Counsel. The Ohio Ethics Commission also provides information at its website, www.ethics.ohio.gov. See table of Ethics Laws which may be applicable to Wright State University.
Failure of any Wright State University official or employee to abide by this Ethics policy, or to comply with the Ethics law and related statutes, can result in discipline, which may include dismissal, as well as any potential civil or criminal sanctions under the law.
|State Ethics Laws||Ohio Ethics Laws – O.R.C. Chapter 102 (§§ 102.03 & 102.04)|
O.R.C. §§ 2921.42 & 2921.43
18 U.S.C. § 215 Receipt of gifts for procuring laws
|Federal Ethics Laws||Misconduct in Science 42 C.F.R. Pt. 50|
False Claims Act 31 U.S.C. § 3729
|Indirect Cost Fraud||31 U.S.C. § 3729|
|Ohio Legislative Lobbying||O.R.C. § - 101.70 et seq.|
|Federal Lobbying Regulations||Byrd Amendment 31 U.S.C. § 1352|
2 U.S.C. § 1605
Lobbying Congress: An Overview of Legal Provisions
and Professional Ethics Rules
|Charitable Fundraising||O.R.C. Fund Raising Counsel § 1716.05|
|Research Fraud||1) False Claims Act - 18 U.S.C. § 287|
2) False Statements Act - 18 U.S.C. § 1001
|Whistleblowers||1) O.R.C. §§ 4113.51, 4113.52, 4113.53|
2) Protection under False Claims Act - 31 U.S.C. § 3730(h)
3) OSHA Whistleblower Protection 29 U.S.C . § 660(C)
4) Ohio Public Employers Risk Reduction Act O.R.C. 4167.13
|Human Subject Research||1) Hatch Amendment 20 U.S.C.A. § 1232h|
2) 34 C.F.R. Pt. 98
|Audits by IRS||O.R.C. 1170.10|
|NCAA Athletic Violations||The NCAA is an unincorporated association. Members consent to NCAA "legislation" and agree to abide by the NCAA's Bylaws. See the NCAA website for more information.|
NCAA v. Tarkanian, 488 U.S. 179 (1988).
|Price-Fixing Antitrust||Sherman Act 15 U.S.C. § 1|
42 U.S.C. § 289
Animal Welfare Act 7 U.S.C. § 2131
Animal Cancer Research 7 U.S.C. § 3901
1) Electronic Communication Privacy Act 18 U.S.C. § 2510
2) Family Educational Rights and Privacy Act 20 U.S.C. §1232g
3) Most universities and colleges control from within. See UA's rule 3359-11-10
4) Telecommunications Act of 1996 47 U.S.C. § 230
|Debarment and Suspension||52 Fed. Reg. §§ 20360-20369|
|Federal Acquisition Regulations (FAR)||48 C.F.R. Pt. 1 (continues through part 53)|
|Confidentiality of Official Information||O.R.C. § 102.3|
|Reporting Knowledge of Criminal Behavior||O.R.C. §§ 2921.11, 2151.421|