Ohio Administrative Code|Rule 3361:10-17-03 | Conduct and ethics: code of conduct.

                                                

(A) Introduction, purpose and
scope:

(1) Introduction

As members of the university of Cincinnati
("university" or "UC") community, all faculty, staff,
students, members of the board of trustees, university officers and affiliates
are responsible for maintaining the highest ethical standards of this
institution, and of the broader community in which we function. The university
values integrity, honesty and fairness and strives to integrate these values
into its teaching, research, service and business practices.

(2) Purpose

This code of conduct (the "code") is
a statement of UC's commitment to upholding the ethical, professional and
legal standards we use as the basis for our daily and long-term decisions and
actions. We all must be cognizant of and comply with the relevant policies,
standards, laws and regulations that govern or relate to our role in the
university community. We are each individually accountable for our own actions
and, as members of the university community, are collectively accountable for
upholding these standards of behavior and for compliance with all applicable
laws and policies.

(3) Scope

The code applies to the following members of
the university community:

(a) Members of the board of trustees;

(b) Faculty and staff;

(c) Any individual employed by the university, using
university resources or facilities, or receiving funds administered by the
university; and

(d) Volunteers and other representatives when speaking or
acting on behalf of the University.

Students are governed by rule 3361:40-5-05 of
the Administrative Code.

(4) Violations

All members of the university community are
responsible for bringing suspected violations of applicable standards,
policies, laws or regulations to the attention of the appropriate office (see
section J, below). University policy prohibits retaliation against individuals
reporting suspected violations. Confirmed violations will result in appropriate
disciplinary action up to and including termination from employment or other
relationships with the university. In some circumstances, civil and criminal
charges and penalties may apply.

(5) Questions

Any questions regarding the intent or
applicability of this code should be directed to the office of the general
counsel.

(B) Guiding principles

It is vital to the University's missions of
education, research and service that it maintain a reputation for integrity
that includes, but is not limited to, compliance with laws and regulations and
its contractual obligations. As a public institution supported by public
resources, even the appearance of misconduct or impropriety can be very
damaging to the university. UC must strive at all times to maintain the highest
standards of quality and integrity. This involves more than merely complying
with the law. Frequently, UC's business activities and the other conduct
of its community members are not governed by specific laws or regulations. In
these instances, principles of fairness, honesty, and respect for the rights of
others will govern our conduct at all times. In addition, each individual is
required to conduct university business transactions with the utmost honesty,
accuracy and fairness. Each situation needs to be examined in accordance with
this standard. No unethical or unfair practice can be tolerated on the grounds
that it is "customary" or a "standard business practice"
for entities or individuals outside of UC or because it serves other worthy
goals. Expediency should never compromise integrity.

In complying with these guiding principles, you
should ask yourself the following questions to aid in making the right decision
about a possible course of action:

(1) Are my actions
illegal or unethical?

(2) Am I being fair and
honest?

(3) Would I be
embarrassed or unwilling to tell my family, friends or coworkers?

(4) Would the reputation
of UC be harmed if the action were revealed in the newspaper?

(5) Am I personally
uncomfortable with the course of action?

(6) Could someone's
life, health, safety or reputation be endangered by my action?

(7) Could the intended
action appear inappropriate to a third party?

These same questions can be used to evaluate
the conduct of others.

(C) Confidentiality and
privacy

Though UC is a public institution subject to
state open records laws, members of the university community generate certain
types of confidential, proprietary and private information that are exempt from
disclosure. State ethics laws specifically prohibit the unauthorized disclosure
of such information even after an individual is no longer employed by UC. It is
imperative that each community member complies with all university rules,
federal laws, state laws, agreements with third parties, and university
policies and principles pertaining to the use, protection and disclosure of
such information.

Information on specific privacy laws, such as the
Family Educational Rights and Privacy Act (FERPA - student records), and the
Health Insurance Portability and Accountability Act (HIPAA - personal health
information) may be obtained from the office of the general counsel.

(D) Conflict of interest/conflict of
commitment

UC faculty and staff owe their primary
professional allegiance to the university and its mission to engage in the
highest level of education, patient care, service, research and scholarship.
Outside professional activities, private financial interests or the receipt of
benefits from third parties can create an actual or perceived conflict between
the university mission and an individual's private interests. Such
activities may also be unlawful under state ethics and other laws. In order to
protect our primary mission, community members with other professional or
financial interests shall make timely disclosure of such interests on an
outside activity reporting form (OAR) in compliance with applicable conflict of
interest/conflict of commitment policies, which are available on the following
websites:

Rule 30-21-02 Employment: policy on collateral
employment for faculty members and librarians.

http://www.uc.edu/trustees/rules/RuleDetail.asp?ID=123

Rule 3361:30-21-03 of the Administrative Code
Employment: collateral employment policy for all employees (excluding faculty
and librarians).

http://www.uc.edu/trustees/rules/RuleDetail.asp?ID=124

Rule 3361:10-17-08 of the Administrative Code
Conduct and ethics: policy on conflicts of interest in the conduct of research
at the university of Cincinnati.

http://www.uc.edu/trustees/rules/RuleDetail.asp?ID=86

Information on state ethics laws is available on
the office of general counsel website: http://www.uc.edu/af/general_counsel/
and on the website of the Ohio ethics commission
(http://www.ethics.ohio.gov/).

(E) Human resources

The university's mission statement includes
a commitment "to excellence and diversity in our students, faculty, staff,
and all of our activities." Our strategic plan, UC|21
(http://www.uc.edu/uc21/), includes as one of its goals a commitment to
"establish a sense of place." Central to these commitments is the
principle of treating each community member fairly and with respect. To
encourage such behavior, the university prohibits discrimination and harassment
and provides equal opportunities for all community members and applicants
regardless of their race, color, religion, national origin, ancestry,
disability, medical condition, marital status, sex, age, sexual orientation,
veteran status, gender identity and expression or any other characteristic
protected by law or policy. Where actions are found to have occurred that
violate this standard the university will take prompt action to end the
offending conduct, prevent its recurrence and discipline those responsible.
Specific rules and policies in support of this standard are found at these
locations:

University rule 3361:10-13-01 of the
Administrative Code, University policy on non-discrimination

http://www.uc.edu/trustees/rules/RuleDetail.asp?ID=81

Office of equal employment opportunity website

http://www.uc.edu/af/equal_opportunity/

In addition, the university places significant
responsibility on those who supervise or instruct employees or students.
Managers, supervisors, instructors, and advisors are expected to:

(1) Ensure access to and
delivery of proper training and guidance on applicable workplace and
educational rules, policies, and procedures, including this code;

(2) Ensure compliance
with applicable laws, policies, and workplace rules;

(3) Review performance
conscientiously and impartially;

(4) Foster intellectual
growth and professional development;

(5) Promote a healthy,
innovative, and productive atmosphere that encourages dialogue and is
responsive to concerns

(F) Research

University researchers have an ethical obligation
to the university and to the larger global community as they seek and produce
knowledge. Community members are expected to:

(1) Propose, conduct, and
report research with integrity and honesty;

(2) Protect people and
humanely treat animals involved in research or teaching;

(3) Learn, follow, and
demonstrate accountability for meeting the requirements of sponsors, regulatory
bodies, and other applicable entities including the appropriate use of
finances;

(4) Faithfully transmit
research findings;

(5) Protect rights to
individual and university intellectual property;

(6) Ensure originality of
work, provide credit for the ideas of others upon which their work is built,
and be responsible for the accuracy and fairness of information published;
and

(7) Fairly assign
authorship credit on the basis of an appropriate array of significant
intellectual contributions, including: conception, design, and performance;
analysis and interpretation; and manuscript preparation and critical editing
for intellectual content

University rule 3361:10-17-05 of the
Administrative Code, Policy for investigation of research misconduct, can be
found at http://www.uc.edu/trustees/rules/RuleDetail.asp?ID=89

University rule 3361:10-17-10 of the
Administrative Code, Ethical conduct in research involving human subjects, can
be found at http://www.uc.edu/trustees/rules/RuleDetail.asp?ID=281

(G) Records accuracy

All university records, whether they concern
individual employees, the business dealings of the university, student records
or research endeavors must be accurate, clear and complete. Examples include
accounts, financial reports, tax returns, expense reimbursement requests,
employee applications for benefits, time sheets and any other record that is
submitted to or generated by the university for the purpose of carrying out its
business, including those submitted to government agencies. All entries in
university books and records, including departmental accounts and individual
expense reports, must accurately reflect each transaction.

(H) Compliance with laws and
standards

Members of the university community must transact
university business in compliance with applicable laws, regulations, and
university policy and procedure. Managers and supervisors are responsible for
being aware of their compliance obligations, for making sure that those persons
they supervise are aware as well, and for monitoring compliance. When questions
arise pertaining to interpretation or applicability of policy, the designated
individual who has oversight of the policy must be contacted. Unresolved
questions and/or interpretation of laws and regulations should be referred to
the office of general counsel.

(1) Contractual
obligations

The acceptance of an agreement, including
sponsored project funding, may create a legal obligation on the part of the
university to comply with the terms and conditions of the agreement and
applicable laws and regulations. Therefore, only individuals who have authority
delegated by an appropriate university official are authorized to enter into
agreements on behalf of the university.

University rule 3361:10-1-06 of the
Administrative Code Execution of instruments.

http://www.uc.edu/trustees/rules/RuleDetail.asp?ID=67

(2) Environmental health
and safety, including workplace health and safety

Members of the university community must be
committed to protecting the health and safety of its members by providing safe
workplaces. The university will provide information and training about health
and safety hazards and safeguards. Community members must adhere to good health
and safety practices and comply with all environmental health and safety laws
and regulations. University environmental guidelines are maintained on the
university's environmental health and safety website at
http://www.ehs.uc.edu/advisories.asp.

(3) Non-university
professional standards

Some professions and disciplines represented at
the university are governed by standards and codes specific to their profession
(such as attorneys, certified public accountants, and medical doctors). Those
professional standards generally advance the quality of the profession and/or
discipline by developing codes of ethics, conduct, and professional
responsibility and standards by which their members are guided. Those belonging
to such organizations are expected to adhere to university policies and codes
of conduct in addition to any professional standards. If a community member
believes there is a conflict between a professional standard and university
policy, he/she should contact the office of the general counsel.

(I) Use of university
resources

University resources may only be used for
official university business and not or personal gain or convenience.
University resources include, but are not limited to, the use of university
systems, such as telephone systems, data communication and networking services,
and the UC domain for electronic communication forums; the use of university
equipment, such as computers and peripherals, university vehicles and other
equipment; the use of procurement tools such as purchasing cards and petty
cash; and the time and effort of other staff, students and others at UC.
University resources can only be disposed of in accordance with the policies
established by the vice president for finance.

University rule 3361:10-17-04 of the
Administrative Code Conduct and ethics: use of university resources:

http://www.uc.edu/trustees/rules/RuleDetail.asp?ID=90

http://www.libraries.uc.edu/libraries/arb/records_management/disposal.html

http://www.uc.edu/af/documents/purchasing/PCard_Manual.pdf

(J) Reporting suspected
violations

(1) Reporting to
management

Members of the UC community should report
suspected violations of applicable laws, regulations, government contract and
grant requirements or this code. Reporting should normally be made initially
through standard management channels, beginning with the immediate supervisor,
instructor or advisor. If for any reason it is not appropriate to report
suspected violations to the immediate supervisor (e.g., the suspected violation
is by the supervisor), individuals may go to a higher level of management
within their school or department.

(2) Other
reporting

If reporting to management is impractical or
unreasonable under the circumstances, violations of laws or regulations should
be reported internally to the anonymous reporting hotline (1-800-889-1547 or
online at https://secure.ethicspoint.com/domain/media/en/gui/22314/index.html),
to the office of the internal auditor (http://www.uc.edu/af/internal_audit) or
to the office of the general counsel (513) 556-3483.

(3) Confidentiality - Any
reports may be made confidentially, and even anonymously, although the more
information given, the easier it is to investigate the reports. Raising such
concerns is a service to the University and will not in itself jeopardize
employment (http://www.uc.edu/af/internal_audit/default.html).

(4) Cooperation - All
employees are expected to cooperate fully in the investigation of any
misconduct.

(5) No retaliation -
Employees making reports of suspected violations in good faith shall be
protected from any retaliation for making such reports.



Last updated June 6, 2021 at 8:22 AM


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