Conflicts of Interest and Commitment
The University of Arizona has various Conflict of Interest and Conflict of Commitment policies that address Conflicts of Interest and of Commitment in different contexts. Each policy describes the necessary disclosure requirements for University employees, if applicable.
For Conflicts of Interest in the contracting and/or procurement context, see below:
For Conflicts of Interest in the research setting, see below:
For Conflicts of Commitment regarding consulting or other outside employment, see below:
For Conflicts of Commitment in the research setting, see:
Contracts
The University has two primary offices that handle contracting – Procurement & Contracting Services (PACS), and Sponsored Projects & Contracting Services (SPCS). Individuals in both of these offices have the authority to sign agreements and are experienced in negotiating agreements with vendors and service providers (PACS) and with research-related entities including collaborating institutions, granting agencies, industry-sponsored research funders, and other governmental entities. PACS is responsible for managing the competitive procurement processes for purchases, so it is important to work with PACS from the beginning if you are seeking to acquire goods or services. If you have questions about a contract, reach out to one of these offices and they will connect you with the right person to negotiate and sign your contract. PACS and SPCS will bring in counsel from OGC if needed on any contract.
https://rgw.arizona.edu/services/sponsored-projects-services
Insurance and Indemnification
Indemnification is an issue that arises in many contexts when negotiating contracts and agreements. First, the University typically seeks to have vendors and service providers indemnify the University from claims of third parties, and from the negligence of the vendor/service provider and their employees, officers, and agents. This can be negotiated on a case by case basis, sometimes with the review and approval of State Risk. Second, the University is prohibited from agreeing to indemnify other parties to our agreements, without an exception from State Risk. If there are questions or concerns about indemnification provisions in agreements, the buyer or contracting officer negotiating the agreement can consult with Risk Managing and/or OGC as needed.
The University is required by Arizona law to participate in the State of Arizona Department of Administration self-insurance program (“State Risk”). UA’s Risk Management office is the primary liaison to State Risk and will assist you in any matters that require filing claims or otherwise interacting with State Risk. In negotiating agreements, State Risk prescribes certain insurance requirements that should be incorporated into all agreements with vendors and service providers. The University’s contract offices are familiar with these requirements and have the appropriate language to be included in agreements. Exceptions to State Risk’s suggested insurance requirements can be made on a case by case basis, but such exceptions should be discussed with the contracting officer or buyer, who can consult with Risk Management and/or OGC as needed.
Political Activity
The University recognizes the right of every individual to engage in political activity. Under Arizona law and Arizona Board of Regents policy, University employees (except for registered lobbyists acting in their professional capacity on behalf of the University), and Designated Campus Colleagues (“DCCs”), engaging in political activity must do so on their own personal time, must not use University resources in connection with political activity, and must act and speak as private citizens when engaging in political activity, without implying that the University is attempting to influence the outcome of an election, endorsing any particular candidate, taking a position on any pending or proposed legislation, or taking a position on any public policy controversy of the day.
Public Records
Any records that reflect University business are considered public records and presumed to be disclosable under Arizona public records law.
If you wish to make a public records request, you can contact the University Public Records Office through the website, http://www.arizona.edu/publicrecords. You can also use of the University’s public records request form found here.
Should you receive a direct request to produce public records, you should immediately forward the request to the University’s Public Records Office. Please call (520) 621-1986 or email for additional assistance. You do not need to provide records yourself.
Service of Process
The Office of the General Counsel is not authorized to accept lawsuits or notices of claim naming the Arizona Board of Regents or one of its universities (UA, ASU, or NAU). Any such documents should be served or filed, as appropriate and as required by law, as follows:
Arizona Board of Regents
Attn: Suzanne Templin, Secretary to the Board
2700 N. Central Ave., Suite 400
Phoenix, AZ 85004-4593
The Office of the General Counsel will not accept such documents on behalf of individually-named employees in University-related matters unless expressly authorized to do so in writing by the employee.
Student Information
Only if it is considered “Student Directory Information” under the Family Education Rights and Privacy Act (“FERPA”), otherwise you need permission from the student to disclose, or you must have a legitimate need to know in order to perform your official University duties.
Subpoena
Campus offices and employees should not accept service of subpoenas. Process servers should be directed to the Office of the General Counsel. Following is more information regarding specific types of subpoenas.
Subpoenas for Records: If a process server or other person attempts to serve you or a member of your staff with a subpoena for records (typically called a Subpoena Duces Tecum), DO NOT ACCEPT the subpoena. Instruct the process server to take the subpoena directly to the Office of the General Counsel, Administration Building, Room 103. If you receive a subpoena in the mail (or if someone in your office accepts a subpoena in spite of these instructions), you should immediately contact the Office of the General Counsel and email the subpoena to OGC-Info@email.arizona.edu (noting the date of service and person accepting). If an individual claims to be a law enforcement officer requesting immediate access to records, you should also refer that individual to the Office of the General Counsel.
Subpoenas for Personal Appearance: If the subpoena is for your personal appearance in a deposition or a trial in a matter related to the University, you may accept the subpoena and should then immediately contact the Office of the General Counsel and email the subpoena to OGC-Info@email.arizona.edu for assistance. (This office will not be able to assist you, however, if the subpoena involves a personal matter unrelated to your University employment.) You should not accept a subpoena for personal appearance on behalf of anyone else.
If you have questions about the service of subpoenas, service of other legal documents, or any other legal requests for records or information, contact the Office of the General Counsel at (520) 621-3175 or email OGC-Info@email.arizona.edu.
Trademarks & Licensing
Yes! The University’s Office of Trademarks and Licensing can guide you in this process. You may contact them directly by clicking here or visiting their website.
https://policy.arizona.edu/university-relations/product-licensing-and-trademark-usage
Training & Workshops
Easy! Click here to download the request form. Once you submit the request, one of our team members will contact you to schedule the requested training.