Outside Activities - Consulting

A University employee may participate in outside activities with an entity other than the University, any UPMC entity, or the VA Pittsburgh Health Care System, provided they adhere to all applicable University policies. This includes, but is not limited to, consulting or advising for such entities.

A University employee must follow the below steps prior to signing a consulting, advising, or other agreement and prior to initiating the consulting, advising, or other outside activity. 

Faculty may spend one day per week of their University time on outside activities. Staff must ensure their time spent on outside activities occurs only during their personal time.
 

Steps to Follow

  1. Department Review.  Discuss your proposed outside activity with your department chair or equivalent supervisor and address any conflict of commitment or other concerns. Ensure they agree with your plans. 
     
  2. UPMC Review and Approval. If you are dually employed by the University and UPMC, the UPMC COI Office must review and approve your agreement. Visit the UPMC COI Infonet page for instructions and forms. If you have questions, contact COI_consulting@upmc.edu.  

    When UPMC approves your agreement or if you are not dually employed, proceed to step #3.
     
  3. Disclose in MyDisclosures. If you are a Mandatory Discloser, you must disclose the outside activity in MyDisclosures. The disclosure must include the name of the entity, details regarding your financial interests in and relationships with the entity, and whether you participate in University research that will be supported by the entity, will evaluate or develop technology that is related to the entity’s commercial interests, or that could affect the value of the entity or its technology, products or services.
     
  4. University Review and Approval. The University does not review and approve your agreement. Instead, the University Conflict of Interest Division (COID), your supervisor, and the Conflict of Interest Committee (COIC) rely on the information you provide in MyDisclosures to complete conflict of interest (COI) and conflict of commitment (COC) reviews of your disclosed outside activities.
    1. COI. When you disclose an activity that is a significant financial interest (SFI) and you participate in University research that is related to the entity, the COID will review your activity to determine if there is a potential COI. The COID will work with your supervisor or the COIC to make this determination and, if necessary, develop a conflict management plan (CMP). Here is a link to a chart that provides clarification regarding when an individual CMP is required.

    2. University Licensed Start-up (LSC). When you plan to initiate a relationship with a University Licensed Start-up Company (LSC), prospective COIC review and approval is required. After you disclose in MyDisclosures, the COID will obtain this approval.
       
    3. Schools of the Health Sciences (SOHS) Industry Relationships Policy. When you are employed only by the University SOHS (not a UPMC employee) and your annual remuneration for consulting services from a single industry entity will exceed $10,000, the SOHS Associate Vice Chancellor for Interdisciplinary Research, Dr. Mark Geraci, is required to prospectively review and approve the activity on behalf of Senior Vice Chancellor for Health Sciences, Dr. Anantha Shekhar. “Industry” includes pharmaceutical, biotechnology, medical device, and hospital equipment supply companies. After you disclose in MyDisclosures, the COID will obtain this approval.
       
    4. Department Approval. Your department chair or equivalent supervisor will review and approve of your outside activity in MyDisclosures.
       
  5. Consulting Addendum. As a service to University personnel, a Standard Addendum for Professional Service and Consultant Agreements and an Addendum to Confidentiality Agreement are available for use with consulting or advising agreements and confidentiality agreements. The addenda were prepared by the Office of University Counsel to protect faculty, staff and students from entering into contracts that may jeopardize their ability to fulfill their obligations to the University. If you want to proceed with your outside activity without using an addendum, you may choose to do so, but you risk the possibility of entering into a legally binding agreement that has not been reviewed by an attorney who has your best interest in mind, including how it affects your obligations at the University. Since your agreement is a personal contract, the University cannot provide legal advice to you. If you do not utilize an addendum, it is strongly suggested that you retain your own attorney to review your agreement before signing it.

 
DOs and DON’Ts

 
DOs

  • DO update MyDisclosures within 30 days of any changes to your relationship with the entity including: 
    • Receipt of additional compensation
    • Additional time spent on your outside activity
    • New consulting or advising responsibilities
    • Proposal to participate in University research that will be supported by the entity, will evaluate or develop technology that is related to the entity’s commercial interests, or that could affect the value of the entity or its technology, products or services
       
  •  DO disclose your financial interests in the entity in any related University IACUC or IRB protocols. This includes protocols associated with research that will be sponsored by the entity, that will evaluate or develop technology that is related to the entity’s commercial interests, or that could affect the value of the entity or its technology, products or services.  
     
  • DO review and adhere to disclosure requirements of funding agencies or other organizations. When required, disclose your interests in the entity in all applications or proposals for research funding. For more information, click here
     
  • DO understand that you are initiating this outside activity in your personal capacity and not as a University employee. You are not covered by University insurance policies when performing work for the company.   
     
  • Faculty - DO ensure the time spent on your outside activity does not exceed one day per week of your University time when averaged over the period of your contractual appointment at the University and during any summer months for which you receive compensation from the University. For more information click here.
     
  • Staff – DO ensure the time spent on your outside activities occurs only during your personal time.
     
  • DO ensure any remuneration for your outside activity is provided directly to you. The entity may not provide remuneration to the University for consulting, advising, or other services you provide to the entity under your agreement.


DON’Ts

  • DON’T use or disclose any confidential or non-public University information or data. 
     
  • DON’T use University funds or resources. Resources include University facilities, personnel, students, and equipment. University policy permits incidental use of resources for such activities, provided that use does not interfere with your official duties or the duties of other University employees. Your department chair or other equivalent supervisor determines what incidental use, if any, is appropriate.
     
  • DON’T sign an agreement that permits the entity to use University logos, trademarks or service marks.   
     
  • DON’T participate in University business decisions involving the entity. This includes decisions to purchase products or services from the entity. 
     
  • DON’T sign an agreement that restricts your ability to conduct or publish University research.