PARRIS N. GLENDENING, Governor

Ch. 533

(3) GUIDELINES TO ENSURE THAT SPONSORED RESEARCH OR
DEVELOPMENT DOES NOT GIVE IMPROPER ADVANTAGE TO AN ENTITY BECAUSE OF
ITS AFFILIATION OR INVOLVEMENT WITH A FACULTY MEMBER.

(D)     EXEMPTION FROM STATE ETHICS LAW REQUIREMENTS.

(1)     EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION, A
FACULTY MEMBER AT AN EDUCATIONAL INSTITUTION MAY HAVE A RELATIONSHIP,
OTHERWISE PROHIBITED BY THIS SUBTITLE, WITH AN ENTITY ENGAGED IN
SPONSORED RESEARCH OR DEVELOPMENT, OR WITH AN ENTITY HAVING A DIRECT
INTEREST IN THE OUTCOME OF SPONSORED RESEARCH OR DEVELOPMENT, ONLY
IF:

(I)      THE RELATIONSHIP TO THE ENTITY IS DISCLOSED PUBLICLY
ON A FORM APPROVED BY AND FILED WITH THE ETHICS COMMISSION, A COPY OF
WHICH SHALL BE MAINTAINED AS A PUBLIC RECORD BY THE EDUCATIONAL
INSTITUTION; AND

(II)     IN ACCORDANCE WITH THE INSTITUTION'S FACULTY
CONFLICT OF INTEREST PROCEDURES AND THE GOVERNING BOARD'S FACULTY
CONFLICT OF INTEREST POLICIES, THE PRESIDENT OF THE EDUCATIONAL
INSTITUTION APPROVES THE RELATIONSHIP.

(2)      IF THE PROVISIONS OF PARAGRAPH (1) OF THIS SUBSECTION ARE
NOT MET, THE FACULTY MEMBER IS NOT EXEMPT FROM ANY RELEVANT
PROVISIONS OF THIS SUBTITLE.

(E)     LIMITATIONS ON EXEMPTIONS.

(1)      THIS SECTION DOES NOT EXEMPT A FACULTY MEMBER FROM:

(I)      THE REQUIREMENTS OF §§ 15-504(A), 15-505, AND 15-506 OF THIS
SUBTITLE; OR

(II)     ANY REQUIREMENT OF THIS SUBTITLE AS TO ACTIVITIES NOT
RELATED TO SPONSORED RESEARCH OR DEVELOPMENT.

(2)      A RELATIONSHIP MAY NOT BE APPROVED IF THE FACULTY MEMBER
HAS SUBSTANTIAL POLICY OR MANAGEMENT RESPONSIBILITY WITHIN THE
EDUCATIONAL INSTITUTION FOR THE SPONSORED RESEARCH OR DEVELOPMENT.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 40A, § 3-109.

Subsection (a)(3) of this section is new language added for clarity.

In subsection (a)(5) of this section, the word "relationship" is defined to
replace the former law's litany of type of relationships, e.g., "interests, service,
employment, gifts, or other relationships" at former Art. 40A, § 3-109(b)(2),
"interest, service, employment, or other relationship" at former Art. 40A, §
3-109(c)(1)(i), and "interest, service, employment, benefit, or other
relationship" at former Art. 40A, § 3-109(c)(l)(ii).

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