(The Faculty Handbook is currently under revision. The updated version will include information about the TAP. Please check www.provost.vt.edu/fhp/FHB-2000/fhb.html for additional information.)

2.16.1 Consulting Activities and Outside Employment

Faculty members are often called on to assist outside agencies and individuals about matters within their area of professional competence during periods in which they are employed by the university. Consulting arrangements may be entered into by faculty members, provided that:

1. such advice is not part of their normal responsibility to the university and is not normally provided through Virginia Cooperative Extension, public service programs, or other component of the university;
   
   
2. the work undertaken contributes to their professional development;
   
   
3. the work can be accomplished without interference with their assigned duties and does not ordinarily involve more than one day per week and does not exceed five days in any five-week period;
   
   
4. university resources and facilities are not involved (except as described below in the use of university facilities policy);
   
   
5. written approval in advance is obtained from the faculty member's department head or chair.
   
   

The university recognizes that consulting work enhances the professional development of faculty members and provides channels for communication and public service not otherwise available. Hence, reasonable participation in consulting is encouraged.

Paid consulting by faculty members is not permitted for work done for a group within the university except for non-credit instruction in the Continuing and Professional Education. (See policy on non-credit instruction in Section 2.16.2) For example, if a faculty member advises or assists the principal investigator on a grant, there shall be no pay for the services. Such consulting is considered part of the normal duties of faculty members.

When a faculty member testifies as an expert witness, the following conditions are to apply:

1. a disclaimer is given in court indicating that the faculty member is speaking as a professional and not as a representative of the university;
   
   
2. when a faculty member is under subpoena, the university civil leave policies apply (see policy on administrative leave in Section 2.15.5);
   
   
3. a faculty member may not testify in civil suits involving the Commonwealth of Virginia, except under subpoena.

Virginia Cooperative Extension employees should also be aware of specific policies covering faculty having federal appointments (these appear below in Section 2.16.4).

Faculty members are subject to the Virginia Conflict of Interests Act, which prohibits self-dealing and other forms of conflict of interest (more information on this appears below in Section 2.16.3).

Faculty members intending to do consulting work should also read the policy on use of university facilities, which follows in Section 2.16.5. Except under the provisions specified in that policy, faculty members are not allowed to use university resources in conjunction with consulting or otherwise for private gain. This includes the parallel use of university facilities associated with consulting activities; i.e., when a faculty member is engaged in authorized consulting activities, the consulting employer may not enter into an agreement to use university resources for any purpose related to the consulting activity. Instead, when significant resources of the university are required, the employer may request that an agreement, grant, or contract be drawn with the university that provides the necessary services, including Personnel Services. The faculty members then carry out duties attendant on the agreement as part of their assigned university duties.

Because library facilities are made available to the public, their use in consulting is not regarded as being in contravention of this policy. In any faculty consulting arrangement, it is understood that the name of the university will be used neither in connection with any product or service developed as a result of such consulting nor in any connection arising out of the arrangement.

Because of the university's land-grant mission, it may be in the best interest of the university to impose some additional restrictions on the consulting activity of the faculty of one or more of the colleges. Therefore, an academic dean, after consulting with his or her faculty, may recommend to the provost that the faculty of that college need to satisfy additional requirements for consulting approval. The provost, after consulting with the Commission on Faculty Affairs, and with the approval of the president and the board of visitors, may require that such additional requirements be satisfied by the faculty of the affected college.

Regulation of faculty consulting so that a reasonable level is maintained and normal duties are not neglected is a responsibility of the department heads or chairs and other relevant administrative officers of the university.

To protect the faculty member from possible criticism regarding conflicts of interest, a request for approval of consulting arrangements, including a description of the work to be undertaken, must be approved by the department head or chair. Notice of such approval will be given by the return to the faculty member of a copy of the approved consulting request form, with informational copies of the approved request also sent to the dean. Further information on the conflict of interest policy appears below.

Each faculty member engaged in any paid consulting shall file a report with the department head or chair at the end of each academic year, indicating both the amount of normal working time allocated to consulting and the names of the employing firms. These reports shall be sent through the dean to the provost. Since a faculty member's responsibilities may change during the year, the department head or chair and dean shall annually review the faculty member's consulting activity for the prior year.

Summer arrangements need not be approved for faculty members holding nine-month appointments unless there is concern about conflict of interest or the faculty member is employed by the university during the consulting period. When the faculty member is employed by the university in the summer months, university and college consulting policies shall apply.

Setting the consulting fee is the prerogative of the faculty member. Income received for consulting work is not considered when faculty members are evaluated for annual merit salary increases. Compensation rates, however, should not subject professional people outside the university to unfair competition.

Full-time faculty members are not permitted to accept regular outside employment except that described under consulting policies.