CONFLICT OF INTEREST POLICY

Purpose

EDUWEB College recognises the importance of providing a framework in which conflicts of interest are identified, disclosed and managed properly. The purpose of this policy is to ensure that all employees of EDUWEB College identify and disclose any potential or perceived potential conflict of interest in order to protect the integrity of the College. This policy establishes the procedures for employees when a possible conflict may arise between the employee’s personal interest and the interest of the organisation. It also sets the ethical boundaries for employees when managing their responsibilities.

Scope

This policy applies to all current and prospective (permanent and contracted) employees of the College. This may also include independent contractors acting on behalf of the College.

Policy Statement

EDUWEB College is committed to identifying and resolving all conflicts of interest as well as promoting an environment where students and staff are able to study and work effectively. We believe that possible conflicts of interests should be identified as early as possible and that the College policies and procedures should mitigate these conflicts.

The aims of this policy are:

To identify the risks which may lead to a possible conflict of interest
To develop procedures to mitigate the real and perceived risks
The procedure(s) so developed will allow a transaction to be treated as valid even though a responsible person may or may not have a conflict of interest with respect to the transaction.
To ensure that staff has a full understanding of the policy and procedures and how to apply them in practice
To observe all conflicts of interest principles when providing services.
To promoting individual responsibility for integrity and impartiality
To support transparency and accountability.

Definitions

Conflict of Interest

A conflict of interest refers to the ethical problems that may arise between the personal interests and the official responsibilities of a person in a position of trust with their professional obligations which can result in legal consequences.

It may occur or be perceived to occur when a person or organisation may make a decision that is unduly influenced. The decision, financial or otherwise, may benefit the decision-maker personally but may undermine the impartiality of the decision-maker and may not be in the public’s or company’s best interest.

Contract or Transaction

A Contract or Transaction is any agreement or relationship involving the sale or purchase of goods/ services, transfer of rights of any kind or the making of loans or grants. Receiving a gift of any form (financial or non-financial) is not a Contract or Transaction.

Materiality

Materiality is a concept or convention within auditing and accounting relating to the importance/ significance of the amount of a transaction or discrepancy. It is the threshold above which non-disclosure or incorrect disclosure of the amount may affect the decision-making attitude of users.

Financial Interest

A decision-maker has a financial interest if they have, directly or indirectly, through business,

investment, or family:

An ownership or investment interest in any entity with which the decision-makers’ organisation has a transaction or arrangement,
A potential ownership or investment interest in any entity with which the decision-makers’ organization is negotiating a transaction or arrangement.

Material Financial Interest

A Material Financial Interest in an entity is a financial interest that a reasonable person would consider to be substantial enough to possibly affect a Responsible Person’s judgment with respect to transactions with the entity.

Responsibilities of Employees

All employees of the College have a responsibility to work individually and collectively to achieve an environment in which conflicts of interest are identified and effectively dealt with.

All employees are responsible for:

Being aware of their obligations with regard to possible conflicts of interest
Continually assessing their private interests and company duties with regard to possible conflicts of interest
Reporting possible conflicts of interest to their Supervisor, Manager or College head
Preserving the confidentiality of all stakeholder information
Ensuring that they have read and understood the College’s Conflict of Interest policy and procedures.
Ensuring that they have read and understood the policies and procedures of external accredited agencies for which the College is affiliated. Specifically, the ABE’s Conflict of Interest, Confidentiality and Suitability Policy
Signing and submitting the College’s Conflict of Interest Declaration Form if there is a potential conflict of interest
Signing the College’s Conflict of Interest Policy to confirm they have read and understood the information outlined in this document.

Policy Coverage

The relationship of the College, its employees and stakeholders must be based on mutual trust. All employees of the College are required to disclose any personal interest or involvement of any action, activities and or relationships that may undermine the integrity of the College. Such employees may include the following persons:

Directors
Principal officers and Leadership roles
Managers
Supervisors
Members of a committee with governing body delegated powers
Stakeholders with a direct or indirect financial interest
Teaching Staff
Non-Teaching Staff

Management Responsibilities

The management of the College must support their staff by:

Being aware of the risks inherent to the work of their staff
Ensuring their staff’s is aware of their obligations under the policy and procedures
Identifying the different training needs of their staff
Recording reports of possible conflicts of interest by their staff members
Taking appropriate disciplinary action in relation to their staff members who fail to meet their obligations

Employees of the College must review and sign a copy of the Conflict-of-Interest policy every three (3) years or whenever there are amendments. This is to ensure that they have:

Have access to the College’s Conflict-of-Interest policy
Read and understood the Conflict-of-Interest policy
Agreed to comply with the Conflict-of-Interest policy

Procedures for Addressing a Conflict of Interest

All staff members are expected to:

Act with honesty and integrity and in good faith
Act fairly and impartially
Act in a financially responsible manner
Use information appropriately
Use their position appropriately
Exercise due care, diligence and skills

Responsibilities of all College Employees

Employees of the College should not use their position with the College to their personal advantage. Such may include:
1. the recruitment of a person with whom an employee has a current or past professional/personal relationship or in whose recruitment they have a vested interest.
2. using the Contractor of the College for their private work at the company’s expense.
3. undertaking other employment or paid activities particularly when the ability to perform current work duties may be adversely affected by the other employment/activities.
4. the disposal of the College’s assets which has potential conflict of interest implications such as fraud or unofficial use of equipment. The College reserves the right to notify the public of any asset for sale. Employees may however make an offer post-notification.
Employees of the College should disclose any gifts and or benefits that could reasonably be perceived as undermining the integrity of the College.
Employees of the College should not accept any offers of money or items easily converted to money such as shares
Employees of the College should not use College resources and equipment to support an external business
Employees of the College should not use stakeholder information to make connections for their own private purpose.
Employees of the College should not engage in activities that will bring direct or indirect profit to a competitor
Employees of the College should disclose owning shares of a competitor’s stock.
Employees of the College should not act in any manner that may compromise the College’s integrity and legality such as taking bribes, bribing others, false representation etc.
Employees of the College should seek advice from the College head or the QMS lead if unsure how to respond to an offer of a gift or benefit.

Duty to Disclose

The possibility that a conflict of interest may occur can be addressed and resolved before any actual damage is done. When an employee suspects that a conflict of interest may exist, they should bring the matter to the attention of management so corrective actions may be taken immediately.
For any actual or perceived conflict of interest, a responsible person must disclose the existence of any financial or non-financial interest to the relevant body or committee considering the proposed transaction or contract.
Responsible persons must disclose to the relevant body or committee all material facts relating to a contract or transaction if they have or may be perceived to have a possible conflict of interest,
The relevant body or committee must consider all material facts so disclosed and determine if a conflict of interest exists.

Determining Whether a Conflict of Interest Exists

The Conflict-of-Interest Committee (COIC) includes (QMS lead, College head, Administrative Director).

A financial interest may not be a conflict of interest. A conflict of interest would exist only if the relevant body or committee determines that a conflict of interest exists.
If a conflict of interest is determined to exist, then the relevant person may not be allowed to participate in discussions or vote on the transaction.
The lead person of the COIC may temporarily appoint a disinterested person only if it is necessary to maintain a quorum.
The COIC will consider the proposed contract or transaction to determine if the company can, with reasonable effort, obtain a more advantageous transaction or contract that would not give rise to a conflict of interest.
The COIC shall vote to decide if the contract or transaction will be entered into for the benefit of the company.

Possible violations of the Conflicts of Interest Policy

If the COIC has reasonable cause to believe that a member of staff has failed to disclose actual or possible conflicts of interest, the member will be informed of this and given an opportunity to explain the alleged failure to disclose.

Based on the member’s explanation and any warranted investigations, the COIC will determine if a breach of the policy has occurred as well as the appropriate disciplinary and corrective action.

Managing Conflict of Interest

If the College committee determines that there is a potential/ perceived / actual conflict of interest, then the employee is obliged to follow any conflict-of-interest plan decided upon by the Committee. If the conflict of interest involves a COIC member then all other members of the committee will manage and resolve the issue based on the strategies detailed in the table below.

It is important to note that, the Conflict-of-interest management must also work in tandem with the outlined policies and procedures of the various regulatory agencies and external bodies affiliated with the College. Specifically, ABE’s conflict of Interest, Confidentiality and Suitability Policy.

Review	Review all policy documentation to ensure adherence.
Gather, Record and Disclose	Gather all information and supporting documents if applicable, surrounding the conflict of interest and ensure it has been disclosed and documented appropriately.
Restrict	Restrictions should be placed on the employee involved in the matter. Restriction should also be placed on their access to certain information at the start of the investigation and throughout until a decision is made.
Recruit and Monitor	A non-conflicted third party may be used to oversee part or all of the process that deals with investigating the matter. This is in relation to the seriousness of the Conflict-of-Interest issue and the employee’s position at the College.
Remove	The employee should be removed, from the matter. For example, in a situation in which a job applicant is related to a member of the HR recruitment team for that position, then that HR team member should step down from their position during the selection process for that position only.
Relinquish	The employee should relinquish the private interest that is creating the conflict. Where relinquishing the interest is not possible (e.g. relationship with family) and the conflict cannot be managed using one of the other options above, the employee may consider removing themselves from the process. Another alternative can be based on the decision of the College’s COIC.

Procurement:

A separate policy and procedure have been developed which gives detailed guidelines for procurement.

Disciplinary Consequences of Breaching this Policy

When an employee deliberately conceals or fails to identify (or, where required, manage/monitor) any actual/perceived/potential conflict of interest, this may result in disciplinary action or, depending on the seriousness of the circumstances, termination of employment.

Related Policies

This policy document relates to other relevant school policies including:

ABE’s conflict of Interest, Confidentiality and Suitability Policy
Employee Handbook

Policy Review

This policy document will be reviewed every two years to take account of any changes in technology, legislation, expectations both local and international. It will also take into account the information regarding the requirements outlined in the various regulatory agencies and external bodies.