Download Personal and Financial Conflicts of Interest Policy | Child Trends and more Slides Design in PDF only on Docsity! 1 COI Policy Revised December 9, 2019 Personal and Financial Conflicts of Interest Policy Updated November 2019 Child Trends, Incorporated (Child Trends) is committed to identifying and avoiding situations and activities that constitute a Conflict of Interest (COI) for employees and board members in the execution of their duties; and to identify, avoid or manage, actual or perceived Organizational Conflicts of Interest (OCI) related to research activities in accordance with federal and other sponsor requirements. Furthermore, activities, situations, and relationships that might create the perception of, or potential for, a conflict must be identified and managed appropriately. Child Trends believes that clear guidelines and principles for reporting and managing actual, potential, and perceived conflicts will assist the Board of Directors, and Staff, in maintaining the highest level of integrity in their endeavors. The policy described below focuses on individual conflicts of interest. To manage OCI, each proposal team will be asked to make determinations of OCI on that specific opportunity. All Board Members or Staff of Child Trends are committed to identifying and avoiding situations and activities that constitute a COI or OCI in the execution of their duties for Child Trends. Furthermore, activities, situations, and relationships that might create the perception of or potential for a COI or OCI must be identified and managed appropriately. 1. § 50.603 DEFINITIONS: Disclosure of significant financial interests means an Investigator's disclosure of significant financial interests to an Institution. Family means any member of the Investigator’s immediate family, specifically, any dependent children and spouse. Financial Conflict of Interest (FCOI) means a significant financial interest that could directly and significantly affect the design, conduct, or reporting of sponsored/funded research. FCOI report means an Institution's report of a financial conflict of interest to an “Awarding” Authority or Component. Financial interest means anything of monetary value received or held by an Investigator or an Investigator’s Family, whether or not the value is readily ascertainable, including, but not limited to: salary or other payments for services (e.g., consulting fees, honoraria, or paid authorships for other than scholarly works); any equity interests (e.g., stocks, stock options, or other ownership interests); and intellectual property rights and interests (e.g., patents, trademarks, service marks, and copyrights), upon receipt of royalties or other income related to such intellectual property rights and interests. Financial Interest does NOT include: a) Salary, royalties, or other remuneration from Child Trends; or b) Equity interests (stocks) or income from investment vehicles, such as mutual funds and 2 COI Policy Revised December 9, 2019 retirement accounts, so long as the Investigator does not directly control the investment decisions made in these vehicles. Owning shares of a company’s stock that you purchased directly and can sell at any time is a financial interest in that company; owning shares of company through an index or mutual fund that is managed by, e.g., Vanguard or TIAA‐ CREF, is not. Financial Interest does include: a) Any reimbursed or sponsored travel undertaken by the Investigator and related to his/her institutional responsibilities, such as travel that is paid on behalf of the Investigator as well as travel that is reimbursed, even if the exact monetary value is not readily available. b) Payments or perks for any professional role, such as for research papers, presentations, attendance at meetings, blogs, or other reimbursement for scholarly work. Although payments from U.S. Federal, state or local governmental agencies, U.S. institutions of higher education, research institutes affiliated with institutions of higher education, academic teaching hospitals, and medical centers usually do not pose conflicts, because of increasing for‐profit involvement across these sectors, Investigators should disclose even these as financial interests. Institution means any domestic or foreign, public or private, entity or organization (excluding a Federal agency) that is applying for, or that receives, research funding. Institutional responsibilities means an Investigator's professional responsibilities on behalf of the Institution, and as defined by the Institution in its policy on financial conflicts of interest, which may include for example: activities such as research, research consultation, teaching, professional practice, institutional committee memberships, and service on panels such as Institutional Review committees. Investigator means the project director or principal Investigator and any other person(s), regardless of title or position, who is responsible for the design, conduct, or reporting of research funded by an agency, or for proposals for such funding, which may include, for example, collaborators or consultants. Manage means taking action to address a financial conflict of interest, which can include reducing or eliminating the financial conflict of interest, to ensure, to the extent possible, that the design, conduct, and reporting of research will be free from bias. PD/PI means a project director or principal Investigator of a funded research project. Research means a systematic investigation, study or experiment designed to develop or contribute to general knowledge. As used in this subpart, the term includes any such activity for which research funding is available from an Awarding Component through a grant or cooperative agreement, whether authorized under statutory authority, such as research awards, center grants, research grants, career development awards, individual fellowship awards, infrastructure awards, institutional training grants, or program projects. Senior/key personnel means the Project Director (PD)/Principal Investigator (PI) and any other person identified as senior/key personnel by Child Trends in the contract/grant application, progress report, or any other report submitted to the agency by Child Trends under this subpart. Significant Financial Interest means: (1) A financial interest consisting of one or more of the following interests of the Investigator (and those of the Investigator's spouse and dependent children) that reasonably appears to be related 5 COI Policy Revised December 9, 2019 The President is responsible for ensuring the Board’s understanding of and compliance with this policy. The President will review and ask Board members to sign the policy annually. The President will also oversee the COO and work with her to assess and manage any potential real or perceived conflicts. 4.2 Responsibilities of the Chief Operating Officer: The COO provides oversight of all Conflict of Interest training and education, provides recommendations to amendments to the Conflict of Interest Policy, and reviews all Conflict of Interest disclosures. The COO may delegate all or part of these duties to another senior staff member at Child Trends and if so, will alert all Child Trends staff to this delegated role and individual selected. If a Conflict of Interest situation arises that requires a COI Management Plan, the COO (or designee) will work with the SDCCA and HR, and the individual, as needed, to approve an appropriate COI Management Plan. The COO reports directly to the President of Child Trends. Specifically, the COO with others as named above is charged with the following: 1. Educate Staff of Child Trends about this Conflict of Interest Policy. 2. Advise Board of Directors and Staff of Child Trends with respect to existing and proposed relationships and activities so that they may seek to avoid an actual Conflict of Interest. 3. Annually train staff to ensure their understanding and compliance with the policy. 4. Oversee the annual and ad hoc completion, review, and submission of related forms to HR. 5. Review Conflict of Interest disclosures or assign review to designee. 6. Ensure disclosures are appropriately taken into account during bid and proposal meetings and plans, working with the SDCCA. 7. Develop, with input from Board of Directors and Staff of Child Trends if needed, organization‐wide or project specific Conflict Avoidance or Management Plans as required. 8. Monitor Staff of Child Trends compliance with Child Trends Conflict of Interest policy. 9. Establish a culture of transparency and disclosure. 4.3 Responsibilities of Human Resources: Human Resources is responsible for: 1. Ensuring new staff review, understand, and sign a COI form and disclose any initial potential conflicts upon entry into the organization 2. Helps the COO update materials, train staff, and review forms annually 3. Keep past COI forms for staff on file for no less than three years 4.4 Responsibilities of the Senior Director of Contracts, Compliance, and Administration: The SDCCA will assist the COO in updating the policy and ensure that the policy complies with all relevant federal laws and regulations. The SDCCA may also review disclosures when that responsibility is delegated by the COO and should ensure that any potential COI are addressed early in the proposal process. The SDCCA will report all financial conflict of Interest or non‐ compliance to the funding agency as required, in accordance with their regulations. 5. PROCEDURES: 5.1 Board of Directors: 6 COI Policy Revised December 9, 2019 Upon election to the Board of Directors, each Board Member shall be provided with a copy of this policy and required to complete and sign the Acknowledgement and Disclosure Form. On an annual basis, all Board Members shall be provided with a copy of this policy and required to complete and sign the Acknowledgement and Disclosure Form. All completed forms, as well as any other conflict of interest information provided by Board Members, shall be provided to and reviewed by the Chairman of the Board and the President. The completed forms shall be stored in appropriate Board Member files. Board of Directors of Child Trends should complete and promptly submit a disclosure to the Chairman of the Board and the President, on an annual basis, and also after the Board Member has discovered or suspects that an actual, potential, or perceived Conflict of Interest exists or could arise from a situation or activity of that Individual, their Family, or a Close Relation, including situations or activities that are reasonably foreseeable or are anticipated. This requirement applies to but is not limited to Conflicts of Interest arising out of an Individual’s, Family’s, or Close Relation’s association with a Third Party Organization. Board Members shall also be required to disclose Significant Financial Interests under this policy or related Child Trends guidelines and Child Trends will determine whether or not such Significant Financial Interests present a Conflict of Interest and, if so, develop plans for managing the conflict. If at any time Board Member believes or suspects that a situation or activity in which he/she is involved may present a Conflict of Interest, or if there is a significant change in the personal, financial, or fiduciary status of a Individual, their Family or a Close Relation, with respect to a Third Party Organization, it should be promptly disclosed within 30 calendar days to the Chairman of the Board. 5.2 Staff Members: Upon employment with Child Trends, each Employee shall be provided with a copy of this policy and required to complete and sign the Acknowledgement and Disclosure Form. On an annual basis, all Employees shall be provided with a copy of the most recent policy and required to complete and sign the Acknowledgement and Disclosure Form. All completed forms, as well as any other conflict of interest information provided by Employees, shall be provided to and reviewed by the COO. The completed forms shall be stored and tracked by HR. Staff members of Child Trends should complete and promptly submit a disclosure to HR on an annual basis and also after the Staff member has discovered or suspects that an actual, potential, or perceived Conflict of Interest exists or could arise from a situation or activity of that Individual, their Family, or a Close Relation, including situations or activities that are reasonably foreseeable or are anticipated. This requirement applies to but is not limited to Conflicts of Interest arising out of an Individual’s, Family’s, or Close Relation’s association with a Third Party Organization. Staff members shall also be required to disclose Significant Financial Interests under this policy or related Child Trends guidelines and Child Trends will determine whether or not such Significant Financial Interests present a Conflict of Interest and, if so, develop plans for managing the conflict. If at any time a Staff Member believes or suspects that a situation or activity in which he/she is involved may present a Conflict of Interest, or if there is a significant change in the personal, financial, or fiduciary status of an Individual, their Family or a Close Relation, with respect to a Third Party Organization, it should be promptly disclosed within 30 calendar days to HR. 7 COI Policy Revised December 9, 2019 Child Trends respects the privacy of Individuals and does not require the disclosure of financial or personal information that does not relate to an actual, potential, or perceived Conflict of Interest. Any Reviewer (e.g., COO, HR, SDCCA) who receives such information as part of the disclosure, review, and management process is responsible for taking reasonable steps to maintain the confidentiality of the information. However, the Reviewer may be required to share, within the Child Trends community, financial and/or personal information contained in an individual disclosure when necessary for the Reviewer to make a complete and informed decision regarding the existence and management of an actual, potential, or perceived Conflict of Interest. 5.3 Proposal Submission: Updated Conflict of Interest Acknowledgements and Disclosure forms will, if required in any solicitation, be incorporated into each proposal submission requiring such disclosure. 5.4 Review: Upon receipt of a completed disclosure, the appropriate Reviewer will determine whether an actual, potential, or perceived Conflict of Interest exists. Disclosures identified by the COO (or designee) as being below the threshold for Significant Financial Interest and which represent no Conflict of Interest will be allowed to proceed without special safeguards or oversight, i.e., no Management Plan will be needed. The COO (or designee) will inform Human Resources and the individual in writing that the proposed activity will be permitted without management or oversight. Where a Significant Financial Interest is involved, the COO (or designee) will work with the SDCCA, HR, and the Individual to develop a Management Plan. The Management Plan will address specific actions to be undertaken to avoid any potential conflict given the financial interest, measures of oversight and accountability, notices to ensure full transparency within and outside the organization as appropriate, signing by all parties to comply with the plan, and penalties for anyone found not to be following the plan. The plan must be approved by the President. An Individual can expect disposition within a reasonable amount of time (normally, 45 calendar days) provided the Reviewer has received a full and accurate disclosure from the Individual. 5.5 Disciplinary Action: The COO is authorized to establish standard procedures for reporting, investigating, and resolving alleged breaches. These standard procedures must provide the Individual with an opportunity to respond to allegations in writing and, upon invitation by the COO, in person. If the COO determines that a breach occurred, the COO will include any written response submitted by the Individual under investigation in its report specifying sanctions. In the event of failure to comply with the Conflict of Interest Policy by any Board Member or Staff member of Child Trends, the COO may suspend all relevant activities or take other disciplinary action (i.e., sanctions) until the matter is resolved. The COO’s decision to sanction an individual for failure to comply with the Policy or their failure to comply with other remedies imposed will be documented in writing and forwarded to the individual being sanctioned. The COO will notify the appropriate funding agency or prime awardee of the action being taken. Child Trends expects all Individuals to comply fully and promptly with this Policy, including the requirements of disclosure. Examples of breaches of the disclosure, review, and approval process