Ch. 313 LAWS OF MARYLAND

TO THE ENTITY ENGAGED IN THE SPONSORED RESEARCH OR
DEVELOPMENT, OR AN ENTITY HAVING A DIRECT INTEREST IN THE
OUTCOME OF SPONSORED RESEARCH OR DEVELOPMENT, WHICH
WOULD REQUIRE DISCLOSURE IF THE PERSON WERE TO FILE
DISCLOSURE UNDER TITLE 4 OF THIS ARTICLE;

(II) OTHER RESTRICTIONS TO PREVENT A SUBSTANTIAL
CONFLICT WITH A FACULTY MEMBER'S DUTIES TO THE INSTITUTION OF
HIGHER EDUCATION, WHILE ENCOURAGING COMMERCIALIZATION OF
UNIVERSITY-OWNED TECHNOLOGY; AND

(III) GUIDELINES TO INSURE THAT ACTIVITIES
CONDUCTED UNDER SPONSORED RESEARCH OR DEVELOPMENT DO NOT
IMPROPERLY GIVE ADVANTAGE TO ENTITIES BECAUSE OF THEIR
AFFILIATION OR INVOLVEMENT WITH A FACULTY MEMBER.

(C) (1) EXCEPT FOR §§ 3-103(C), 3-104, AND 3-106, TITLE 3 OF THIS
ARTICLE DOES NOT BAR A FACULTY MEMBER AT A PUBLIC SENIOR
HIGHER EDUCATION INSTITUTION FROM HAVING AN INTEREST IN OR
SERVING AS AN EMPLOYEE, DIRECTOR, OR OFFICER OF AN ENTITY
ENGAGED IN SPONSORED RESEARCH OR DEVELOPMENT, OR AN ENTITY
HAVING A DIRECT INTEREST IN THE OUTCOME OF SPONSORED
RESEARCH, IF:

(I) • ANY INTEREST, SERVICE, EMPLOYMENT, OR OTHER
RELATIONSHIP TO THE ENTITY IS PUBLICLY DISCLOSED ON A FORM
APPROVED BY THE STATE ETHICS COMMISSION. THE FORM SHALL BE
FILED WITH THE COMMISSION AND A COPY MAINTAINED AS A PUBLIC
RECORD AT THE EDUCATIONAL INSTITUTION; AND

(II) THE INTEREST, SERVICE, EMPLOYMENT OR OTHER
RELATIONSHIP TO THE ENTITY IS APPROVED BY THE PRESIDENT OF THE
EDUCATIONAL INSTITUTION IN ACCORDANCE WITH ITS THE
INSTITUTION'S FACULTY CONFLICT OF INTEREST PROCEDURE AND
GOVERNING BOARD POLICY. NO INTEREST, SERVICE, EMPLOYMENT,
BENEFIT OR OTHER RELATIONSHIP SHALL BE APPROVED IF THE
FACULTY MEMBER HAS SUBSTANTIAL AGENCY POLICY OR
MANAGEMENT RESPONSIBILITY FOR THE SPONSORED RESEARCH OR
DEVELOPMENT.

(2) IF THE PROVISIONS OF SUBSECTION (C)(1)(I) AND (II) OF
THIS SECTION ARE NOT MET, THE FACULTY MEMBER IS NOT EXEMPT
FROM ANY OF THE PROVISIONS OF TITLE 3 OF THIS ARTICLE. THE
EXEMPTIONS PROVIDED UNDER THIS SECTION APPLY ONLY TO
FACULTY ACTIVITIES RELATED TO SPONSORED RESEARCH OR
DEVELOPMENT AND NOT TO OTHER ACTIVITY BY THE FACULTY
MEMBER THAT MAY CONSTITUTE A CONFLICT OF INTEREST, BUT IS NOT

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