SCCE Higher Education Compliance Conference · SCCE Higher Education Compliance Conference 1...
Transcript of SCCE Higher Education Compliance Conference · SCCE Higher Education Compliance Conference 1...
SCCE Higher Education Compliance Conference
1
10 Things to Know About
Conflicts of Interest (COI) & Gifts to Hi‐Ed Officials & Employees
Ericka F. Kranitz, CPA
Darrin Lim, J.D.
Tina R. Tyson, J.D.
SCCE Conference ‐ June 2, 2015 1
Introductions
COI & Gift Fundamentals
COI & Gift Best Practices
Key Takeaways
Questions
Agenda
SCCE Conference ‐ June 2, 2015 2
SCCE Higher Education Compliance Conference
2
SCCE Conference ‐ June 2, 2015 3
Introductions
Darrin LimPartner
Nielsen Merksamer LLP
Tina R. TysonChief Ethics and
Compliance Officer Duke University
Ericka F. KranitzDirector,
Compliance Monitoring Duke University
Discuss the risks relating to:
Conflicts of interest and gifts
Highlight key issues
Provide examples of best practices relating to policies, processes and clear communications.
Countdown the “Top 10” list
Key Takeaways
SCCE Conference ‐ June 2, 2015 4
SCCE Higher Education Compliance Conference
3
Fact vs. Appearance
SCCE Conference ‐ June 2, 2015 5
10
Fact vs. Appearance
SCCE Conference ‐ June 2, 2015 6
10
University President
Interested Person
SCCE Higher Education Compliance Conference
4
Fact vs. Appearance
SCCE Conference ‐ June 2, 2015 7
10
University President
Interested Person
Fact vs. Appearance
SCCE Conference ‐ June 2, 2015 8
10
University President
Interested Person
SCCE Higher Education Compliance Conference
5
Fact vs. Appearance
•A situation
•In which a person is in a position to derive personalbenefit
•From actions or decisions made in their official capacity.
Conflict Defined
SCCE Conference ‐ June 2, 2015 9
10
Fact vs. Appearance
SCCE Conference ‐ June 2, 2015 10
10
CompanyFoundation
UniversityGrant
SCCE Higher Education Compliance Conference
6
Fact vs. Appearance
SCCE Conference ‐ June 2, 2015 11
10
CompanyFoundation
Business(Vendor Contract)
UniversityGrant
CompanyUniversity
Know Your Risk
•Critical for individuals to disclose conflicts
•Personal and institutional
Unaware of Conflict
•Not per donor’s intention
•Return of fundsImproper Use
•Institution: Reputational and financial
•Donor: Reputational and complianceRisks
SCCE Conference ‐ June 2, 2015 12
9
SCCE Higher Education Compliance Conference
7
Know Your Risk
De‐centralized environment ‐ common in Higher Ed
Communication and central oversight key
Ensure best interest for donor and university
SCCE Conference ‐ June 2, 2015 13
9
Know Your Risk
SCCE Conference ‐ June 2, 2015 14
9
Company
University College A ‐ $
University College B ‐ $
University as whole ‐ $$$
SCCE Higher Education Compliance Conference
8
Know Your Risk
SCCE Conference ‐ June 2, 2015 15
9
Debarment
Disqualification
Fines
Reputational Harm
company
Provide Clear Direction
•Code of Conduct
•Action of senior leaders, managers
Tone at the top
•COI – Federal and Institutional
•Gifts – Acceptance by institution and employees accepting gifts
Policies
•Individual, Institutional, AdministrativeOversight
Committees
SCCE Conference ‐ June 2, 2015 16
8
SCCE Higher Education Compliance Conference
9
Provide Clear Direction
SCCE Conference ‐ June 2, 2015 17
8
Provide Clear Direction
SCCE Conference ‐ June 2, 2015 18
8
SCCE Higher Education Compliance Conference
10
Disclosure Requirements
•Board
•Senior leaders
•Faculty
•Others in research
•Other key employees
Annual disclosure process includes:
SCCE Conference ‐ June 2, 2015 19
7
Disclosure Requirements
Donors – understand certification requirements
SCCE Conference ‐ June 2, 2015 20
7
Know what you’re signing!
SCCE Higher Education Compliance Conference
11
Manage Conflicts
Implement management plans as needed
Monitor adherence to plan based on risk
Responsible individuals ‐ aware of conflicts and how managed
All levels responsible to bring to attention
SCCE Conference ‐ June 2, 2015 21
6
Communicate and Educate
Training
Overall awareness
Newsletters, emails
Meetings
Other forums
Communicate at relevant times (e.g. holidays)
Update materials regularly
SCCE Conference ‐ June 2, 2015 22
5
SCCE Higher Education Compliance Conference
12
Communicate and Educate
SCCE Conference ‐ June 2, 2015 23
5
Communicate and Educate
SCCE Conference ‐ June 2, 2015 24
5
SCCE Higher Education Compliance Conference
13
Oversight Office
Chief Ethics and Compliance Officer
Consistent application of institutional policy
Clear and consistent response
Guidance ‐ COI committees, administrative offices
Beneficial from donor’s perspective
SCCE Conference ‐ June 2, 2015 25
4
COI – Donor’s Perspective
Process and procedures essential
Centralized review of activity
Designated lead
SCCE Conference ‐ June 2, 2015 26
3
SCCE Higher Education Compliance Conference
14
COI – Donor’s Perspective
SCCE Conference ‐ June 2, 2015 27
3
COI – Donor’s Perspective
SCCE Conference ‐ June 2, 2015 28
3
SCCE Higher Education Compliance Conference
15
COI – Institution’s Perspective
Provide clear and consistent direction
Identify and manage conflicts
Regularly communicate and create awareness
SCCE Conference ‐ June 2, 2015 29
2
Finally…
SCCE Conference ‐ June 2, 2015 30
SCCE Higher Education Compliance Conference
16
#1 – Be Proactive
Ask questions – if any doubt
Easier to address beforehand than to clear up afterwards
Seek clarification and direction
SCCE Conference ‐ June 2, 2015 31
Questions?
SCCE Conference ‐ June 2, 2015 32
SCCE Higher Education Compliance Conference
17
Duke University:
Ericka F. Kranitz, CPA
Tina R. Tyson, J.D.
Nielsen Merksamer LLP:
Darrin Lim, J.D.
Contact Information
SCCE Conference ‐ June 2, 2015 33