updated 2/1/07
Cornell University Policy Library -- Policy 4.6

STANDARDS OF ETHICAL CONDUCT

Volume 4, Governance/Legal 
Chapter 6, Standards of Ethical Conduct
Responsible Executive: President 
Responsible Offices: Provosts/Executive Vice President for Finance and Administration
Issued: October 1996
Updated: 9/8/99,10/31/05, 2/1/07
Errors or changes? Email us.


CONTENTS


POLICY STATEMENT

REASON FOR POLICY

ENTITIES AFFECTED BY THIS POLICY

WHO SHOULD READ THIS POLICY

RELATED DOCUMENTS

CONTACTS

DEFINITIONS

STANDARDS OF ETHICAL CONDUCT

Abuse of Power

Communication
Computer Use
Confidentiality
Conflicts of Interest and Commitment
Financial Transactions
Grants and Contracts
Intellectual Property
Kickbacks
Contract College Reporting
Stewardship
PROCEDURES
Seeking Clarification

Reporting a Violation
Retaliation
Enforcement
Abuse of This Policy
RESPONSIBILITIES

APPENDIX A

Cornell University Statement of Ethical Conduct
APPENDIX B
Introduction

Anti-Kickback Act of 1986
Federal Sentencing Guidelines
Foreign Corrupt Practices Act of 1977
National Science Foundation (NSF) Requirements, Misconduct in Science
Office of Federal Procurement Policy Act Regarding Procurement Integrity
APPENDIX C
Faculty Council of Representatives Resolution on Romantic and Sexual Relationships Between Students and Staff


POLICY STATEMENT


Cornell University expects all executive officers, faculty, staff, student employees, and others, when acting on behalf of the university, to maintain the highest standard of ethical conduct.


REASON FOR POLICY


The university's commitment to the highest standard of ethical conduct is an integral part of its mission to "foster initiative, integrity and excellence, in an environment of collegiality, civility and responsible stewardship." That commitment upholds the reputation of the university, both locally and globally, and encourages compliance with applicable laws and regulations.


ENTITIES AFFECTED BY THIS POLICY



WHO SHOULD READ THIS POLICY



RELATED DOCUMENTS



 
University Policies Other Documents
Campus Code of Conduct 1991 Federal Sentencing Guidelines
Conflicts Policy Anti-Kickback Act of 1986
Conflict of Interest and Conflict of Commitment (Ethical Questions and Dilemmas for Faculty Members) Foreign Corrupt Practices Act
Faculty Council of Representatives Resolution on Romantic and Sexual Relationships Between Students and Staff NSF Requirements, Misconduct in Science
Faculty Handbook OFPP Act, Procurement Integrity
Personnel Policy #112: Special Employment Circumstances
Personnel Policy #701: Conflict of Interest
Personnel Policy #711: Conflict of Commitment
President's Statement on Affirmative Action
University Policy 3.1, Accepting University Gifts
University Policy 3.6, Financial Irregularities
University Policy 4.6, Standards of Ethical Conduct
University Policy 5.1, Responsible Use of Electronic Communications
University Purchasing Manual


CONTACTS


Direct any general questions about the Standards of Ethical Conduct Policy to your department's administrative office. If you have questions about specific issues, call the following offices:
 
Subject Contact Telephone
Academic Misconduct Dean of Faculty (607) 255-4843
Business Matters Vice President for Financial Affairs (607) 255-6240
Financial Matters University Audit Office (607) 255-9300
Personnel Matters University Human Resource Services (607) 255-8370
Other Student, Employee, Faculty, or Volunteer Inquiries Dean of Faculty (607) 255-4843
Judicial Administrator (607) 255-4680
University Counsel (607) 255-5124
University Ombudsman (607) 255-4321
Research Matters Vice Provost for Research (607) 255-7200

If you feel your questions have not been answered or you wish to remain anonymous you may file a report through Cornell University's Hotline.


DEFINITIONS


These definitions apply to these terms as they are used in this policy.
 
Abuse of Power Wrongful use of a position of authority to influence employees, students, colleagues, or volunteers (e.g., coercion to participate in activities or decision making in violation of laws, regulations, or policies).
Conflict of Commitment A situation in which an employee's additional employment or other activity, whether internal or external to the university, interferes with his or her performance in the primary appointment at the university.
Conflict of Interest A situation in which an individual or any of his or her family has an existing or potential financial or other material interest that impairs or might appear to impair the individual's independence and objectivity of judgment in the discharge of responsibilities to the university. A conflict of interest also arises when an individual evaluates the work or performance of a person with whom he or she is engaged in a romantic or sexual relationship. This is true whether the parties involved in the relationship are faculty, student, or staff members. see "Appendix C" for more specific information regarding romantic and sexual relationships between students and staff members).
Ethical Conduct Behavior conducted according to university's "Statement of Ethical Conduct" and this policy.
Financial Irregularity An intentional misstatement, omission, or failure to disclose information related to financial transactions that is detrimental to the interests of the university, including embezzlement, fraud, or falsification of records; to misappropriate assets.
Fraud An intentional act of misrepresentation, dishonesty, trickery, or deceit (including the concealment or suppression of truth), designed to obtain information or assets without approval.
Intellectual Property Property of an intellectual nature belonging to an individual or entity, including but not limited to proprietary information that is protected by a patent, copyright, or non-disclosure agreement.
Kickback The act of accepting a payment to improperly obtain or reward with favorable treatment in connection with either a contract or subcontract relating to a prime contract.
Misconduct Cheating, falsification, fabrication, misappropriation, plagiarism, or other practice that seriously deviates from those commonly accepted as proper.
Stewardship The management of tangible and intangible assets of the university.


STANDARDS OF ETHICAL CONDUCT


Standards of Ethical Conduct

An environment that encourages the highest level of integrity from its members is critical to the university. Therefore, adherence by executive officers, faculty, staff, student employees, and others acting on behalf of the university to the standards of ethical conduct set forth in this document is an integral part of the university's long-range goals of attracting quality students, faculty, and staff; ensuring proper stewardship of its resources; and attracting gifts, grants, and other forms of support.

University executive officers, faculty, staff, student employees, and others acting on behalf of the university should not commit acts contrary to these standards or support the commission of such acts by others.

A practice will not be condoned on the grounds that it is "customary," "easy," or "expedient" if it does not meet these standards of ethical conduct; condoning such practices may compromise the integrity and reputation of the university. If you are asked to act against these standards, you should decline. You are empowered to say something such as the following: "University policy doesn't allow me to do this. Please discuss this matter further with..." or "I'm uncomfortable with what you've asked me to do and I'd like to discuss the matter with..." If you act in good faith, the university will act to protect you from being disciplined or suffering reprisal for making such a statement.

Further, members of the university community are expected to assume personal responsibility and accountability for their actions by maintaining these standards. In an effort to ensure that employees are adequately informed of the university's expectations, all employees will be asked to read a Statement of Ethical Conduct (see the "Appendix A" Section of this document).

Listed below are some of the areas where frequent ethical questions arise, and some general principles of ethical conduct:

Abuse of Power


PROCEDURES


Seeking Clarification

If you have read the appropriate sections of this policy, other university policies, and applicable regulations, you may need additional clarification about the propriety of actions, in the following instances: In such cases, contact your immediate supervisor, department chair, college dean or university vice president, the Office of University Counsel, the University Audit Office, or the Responsible Office for the applicable policy.

Reporting a Violation

You are expected to report violations of this policy to appropriate university personnel. To report an actual or suspected violation: 1. Discuss the violation with the immediate supervisor, except when the supervisor is involved, in which case discuss it with the person at the next supervisory level.

2. If you cannot address the situation in this manner, you may contact the university office responsible for your area of concern.

3. If it appears that there may have been a violation of ethical conduct, report it to the appropriate university office (e.g., Audit, University Counsel), or report it through Cornell University's Hotline.

Caution: Failure of a supervisor to report actual or possible violations may be a subject of appropriate university discipline. 

Retaliation

The university will not tolerate retaliation toward or harassment of employees who report actual or possible violations. The identity of individuals providing information concerning possible violations, including fraud, will be protected within legal limits. Individuals who take retaliatory action will be subject to discipline, up to and including discharge.

Enforcement

Suspected violations will be investigated by the appropriate office, depending on the nature of the violation. Disciplinary measures may be taken, in accordance with applicable regulations, if appropriate to the circumstances, by one of the following:

Abuse of this Policy

The university is committed to the protection of both the accused and the accuser in the reporting of any violation of this policy. Therefore, attempts by individuals to discredit others through inappropriate use of this policy are not permitted and will be considered for disciplinary action. 


RESPONSIBILITIES


The major responsibilities each party has in connection with the university's Standards of Ethical Conduct Policy are as follows:
 
College Dean / Vice President Ensure that department chairs and unit managers are aware of the need for complete compliance with the Statement of Ethical Conduct

Report suspected violations to appropriate university personnel (see the "Reporting a Violation" segment of this document).

Department/Unit Manager Encourage and support efforts by employees to perform duties and responsibilities at the highest standards. 

Ensure that supervisors are promoting excellence in ethical practices through periodic training and daily reinforcement. 

Report suspected violations to appropriate university personnel (see the "Reporting a Violation" segment of this document) to protect both the alleged violator and the indi- vidual reporting a suspected violation.

University Audit Investigate alleged policy violations and determine whether a violation has occurred, and whether action is required.
University Counsel Provide advice to individuals who believe that a violation may have occurred
You Conduct university-related activities according to the Statement of Ethical Conduct.


APPENDIX A


For a printable version of this statement click here.


APPENDIX B


Introduction

The federal government provides significant support to Cornell University. Included in this section is a brief overview of some of the laws, regulations, and guidelines that may be used to evaluate the actions of the university as well as its executive officers, faculty, staff, student employees, and others. The university and these individuals are expected to be in full compliance with all federal and state laws.

Anti-Kickback Act of 1986

This act was passed to deter subcontractors from making payments and contractors from accepting payments to improperly obtain or reward with favorable treatment in connection with either a contract or subcontract relating to a prime contract.

Federal Sentencing Guidelines

The Federal Sentencing Guidelines, as revised effective November 1, 2004, provide that to have an effective compliance and ethics program (hereinafter "compliance program") an organization will exercise due diligence to prevent and detect criminal conduct, and promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law. This requires the following:1. A compliance program will be established consisting of standards and procedures to prevent and detect criminal conduct by the employees or agents of the organization.

2. The governing board will be knowledgeable about, and exercise reasonable oversight over, the implementation and effectiveness of the compliance program.  High-level personnel will aim to provide the organization with an effective compliance program and be assigned oversight responsibility.  Individuals with operating responsibility for the compliance program will report periodically to high-level personnel and, as appropriate, to the governing board, or a subgroup thereof, on the effectiveness of the program.

3. The organization will use reasonable efforts not to include within its substantial authority personnel any individual whom the organization knew, or should have known, has engaged in illegal activities or other conduct inconsistent with an effective compliance program.

4. The organization will take reasonable steps to communicate periodically its standards and procedures, and other aspects of the compliance program, to the governing board, the organization's employees and agents through training programs and dissemination of information appropriate to such individuals' roles and responsibilities.

5. The organization will take reasonable steps so that the compliance program is followed including monitoring and auditing to detect criminal conduct, evaluating periodically the effectiveness of the program, and providing and publicizing a system whereby criminal conduct may be reported without fear of retaliation.

6. The program will be promoted and enforced consistently through appropriate incentives, and appropriate disciplinary measures for engaging in, or failing to take reasonable steps to prevent or detect, criminal conduct.

7. The organization will take reasonable steps to respond appropriately to criminal conduct and to prevent recurrence, including making any necessary modifications to its compliance program.

Foreign Corrupt Practices Act of 1977

The anti-bribery provisions of this act require that books, records and accounts be maintained that accurately and fairly reflect the transactions and disposition of assets, and that a system of internal accounting control be maintained.

National Science Foundation (NSF) Requirements, Misconduct in Science

The National Science Foundation developed these regulations to assure that both grant recipients and the NSF had procedures in place to deal with misconduct allegations. These requirements include the following:

Office of Federal Procurement Policy Act Regarding Procurement Integrity

This act states that no competing contractor or any officer, employee, representative, agency, or consultant of such competing contractor will knowingly:


APPENDIX C


Faculty Council of Representatives Resolution on Romantic and Sexual Relationships Between Students and Staff

The following resolution was adopted by the Faculty Council of Representatives on November 8, 1995, and approved by the President and Provost as Cornell University policy on September 18, 1996.


ROMANTIC AND SEXUAL RELATIONSHIPS BETWEEN STUDENTS AND STAFF

The relationships between students and their teachers, advisors, coaches, and others holding positions of authority over them should be conducted in a manner that avoids potential conflicts of interest, exploitation, or personal bias. Given the inherent power differential, the possibility of intentional or unintentional abuse of that power should always be borne in mind. For example, a conflict of interest arises when an individual evaluates the work or performance of a person with whom he or she is engaged in a romantic or sexual relationship.

Romantic or sexual relationships between students and persons in positions of authority compromise the relationship between students and the University. No member of the University community should simultaneously be romantically or sexually involved with a student whom he or she teaches, advises, coaches, or supervises in any way. Individuals in such positions of authority must not allow these relationships to develop or continue.

In unusual circumstances the supervising dean* of the person in a position of authority may grant an exemption from this policy when full severance of the University relationship would create undue academic or financial hardship for the student.

*The supervising dean will mean the Dean of the School or College of the staff member's primary appointment, the Dean of the Graduate School in the case of graduate students, the Vice Provost for Research for staff members holding appointments in centers, and the Vice President for Student and Academic Services for staff members holding appointments in that division.