All legal services provided by external counsel must be arranged by the Office of the Vice-President and the Advocate General. Departments may not use legal services directly with outside counsel without the prior written permission of the Office of the Vice-President and the General Counsel. The University`s tax office or the office of the Vice President and General Counsel will engage external auditors to provide tax and international advisory services. The university has developed a standard professional services agreement that can be used by department administrators for routine consultation agreements. Formal consulting contracts are required for all individual consulting contracts that require payments over $10,000. For more information, see Guideline 3210 Professional Services and Consultation. Applicants for Funding from the Public Health Unit (e.g., NIH, CDC) and NSF may be required to disclose their external activities both in their biospic and as “other support” in their applications. Faculty members must include all non-Yaleis positions or appointments (including visits, adjunct appointments, and honorary appointments) related to research or teaching in the “Positions and Awards” section of their biospic. External activities can also be an “other support” that faculty members must disclose during the just-in-time process and in progress reports.
According to the NIH`s Grant Policy Statement (GPS), other forms of support include “all resources provided to researchers or key leaders to support and/or relate to all of their research efforts, whether or not they have monetary value and are based in the institution that the researcher identifies for the current grant.” [GPS 1.2] Therefore, faculty members must disclose any external activities (including counselling) that provide access to support resources or related to their areas of expertise. Faculty members should contact the PSO if they have any questions about whether certain external activities require disclosure. Many external institutions that wish to use the services of faculty members require signed written agreements. These agreements take many forms. Some are consultation agreements in which the faculty member agrees to act as a contractor providing services to the external organization. Others claim to be employment contracts in which the faculty member (sometimes unknowingly) agrees to become an employee who is under the direction of the external entity. Educational institutions are increasingly offering formal employment to faculty members from other institutions, often in the form of “auxiliary” or “visiting” academic positions. Faculty members should approach all external professional services agreements with caution, as they may contain terms that are fundamentally inconsistent with faculty members` obligations to the university, including those described in the faculty manual.
Whatever “standard” a proposed agreement may seem, faculty must negotiate changes if they are necessary to comply with Yale policy. A financial support agreement under a company-sponsored scholarship (also known as a “Fellow”) to an organization qualified to execute a substantial portion of the programmatic efforts under the sponsored award. A sub-price is not used for the purchase of goods and services purchased as part of a price, as the suppliers of these goods and services have no programmatic liability. Entities that receive a sub-award are called “sub-recipients”. All consultation agreements involving non-U.S. citizens. U.S. citizens and non-citizens Lawful permanent residents or entities organized and/or residing outside the United States should refer to the International Tax Office website for important information.
Environmental, occupational health and safety and other services are subject to agreements that must be approved by the Environmental Health and Safety Board. Faculty members who conduct advisory and other external activities must comply with all applicable disclosure requirements of the university or sponsor. All agreements must first be signed by an authorized signatory of the third-party service provider and then sent to Procurement Services for review, approval and signature prior to the commencement of work. If you have any questions about consulting contracts, please contact Purchasing Support at 203-432-9955 or email purchasing.contracts @yale.edu. Note: Different circumstances require changes to the form of the contract or the use of a different model, as described in section 3210.4 below. A scholarship is an agreement between Yale and another institution under which graduate scholarship holders receive scholarships or scholarship payments to help them pursue a program of study or research. Avoiding such conflicts and agreements has become more critical as the nature of external professional activities has evolved in recent years. Traditionally, industrial companies have hired educational advisors for their general expertise to align this vast knowledge with solving specific problems.
Increasingly, however, industry has sought academic advisors because they are particularly interested in the techniques or results of a faculty member`s academic research. The gap between academic research and business development, which is most notable in biology, medicine and computer science, has blurred the distinction between academic research and outpatient care. If a faculty member wishes to engage in external professional activities, they must comply with the requirements of the faculty manual, which limit the total time spent on external professional activities to an average of one day per week of seven days per semester during the academic year or during a summer month during which the faculty member receives full-time remuneration from the university. [Faculty Manual Section XX.E.4] Faculty members must ensure that any agreements signed with other institutions or facilities accurately reflect the expected time spent and that this commitment does not go beyond this general requirement or specific time commitments made in connection with activities funded by grants at Yale. Any agreement that grants a provider access to Yale`s protected information must include confidentiality and security provisions approved by the Office of the Vice President and General Counsel. For the purposes of this section, “Protected Information” means information that (i) any state or federal law, law, rule, or regulation requires of the Owner to protect it from unauthorized access, disclosure, or use; OR (ii) that Yale has marked Supplier as confidential in writing; AND (iii) that Supplier creates, receives or has access to in the performance of its obligations under its agreement with Yale. The Office of Cooperative Research must approve all agreements that provide for the licensing or transfer of intellectual property rights that may belong to the University. To ensure that a faculty member does not enter into an agreement that violates Yale guidelines, it is advisable to contact the Office of Cooperative Research or the Sponsored Projects Office. These offices can answer questions about university policy on external professional activity, patents and copyrights, use of academic facilities and resources, and confidentiality. If the faculty member wishes to obtain legal advice, the Office of Cooperative Research may, upon request, provide the names of lawyers familiar with Yale`s policies. .