Employee Ethics Guide

Central Washington University

Responsibility for ethical violation rests with the employee or the supervisor authorizing the employee's actions. University officers and employees never lose their identity as a university employee, even when they are not working.

This guide applies to all employees (faculty, full-time, part-time, and student). It is not comprehensive, yet references CWU policies and state regulations, and provides examples of prohibited and allowable situations. Contact the Director of Internal Audit for advice of an interpretation of these policies and guidelines.

University Policies and State Regulations

• No university employee may have an interest, financial or otherwise, or engage in a business transaction conflicting with official duties. (CWUP 2-40-050(1))
• Except as required to perform duties, no university employee may use his or her position to secure epecial privileges or exemptions for him/herself, family, or others. (CWUP 2-40-050(5))
• No university employee may disclose confidential information or use confidential information for personal gain or benefit. (CWUP 2-40-050(4))
• An employee may not intentionally conceal a record if it is considered a public record and is asked to release it.

Compensation for outside employment (CWUP 2-40-050(8)) [RCW 42.52.120] No university officer or employee may receieve anything of economic value under any contract or grant outside their official duties. Outside contracts are appropriate when: (All conditions must be met.)

• The contract is bona fide and actually performed.
• The performance or administration of the contract is not within the course of the employee's official duties or supervision.
• There is no law prohibiting the performance of the contract.
• The contract is not expressly created or authorized by the employee in his/her official capacity.
• The contract does not require unauthorized disclosure of the confidential information.
• The contract is not performed for a person from whom the employee is unable to legally accept a gift.

Compensation for official duties (CWUP 2-40-050(7)) [RCW 42.52.110] An employee cannot receive "extra" compensation for performance or nonperformance of official duties. However, additional compensation as part of a grant, for example, may be received from the following entities: a government entity, an agency of a government entity, a nonprofit organized for the support of the university, or a university agency in agreement with the university.

Employment after university service (CWUP 2-40-050(6)) [RCW 42.52.080]

• For two years after employment, a university employee cannot receive a beneficial interest from a specific contract or grant the employee created or administered while an employee.
• Employees are prohibited from accepting an offer of post-university employment if the offer was intended to influence or reward the employee.
• Employees are prohibited from assisting in any transaction involving the university which the employee participated while performing official duties.

Substantive use of university resources guidelines (CWUP 2-40-050(12))

• University employees are obligated to conserve and protect university resources for the benefit of the public interest.
• University employees may not use university resources for private gain.

Occasional but limited use (de minimis) is permitted if: (CWUP 2-40-050(14))

• The use is not prohibited by or subject to the qualifications and limitations noted in University Policy section 2-40-050(13) (See General Prohibitions).
• There is little or no cost to the university.
• The use does not interfere with the performance of official duties.
• The use is brief in duration and frequency and most effective use of time and resources.
• The use does not disrupt other employees, distract from the conduct of business, and does not obligate employees to make personal use of university resources.
• The use does not compromise the security or integrity of university information or software.

General prohibitions, "No-Tolerance" List (CWUP 2-40-050(13))

Certain uses are prohibited regardless of whether there is no actual cost to the university or it does not interfere with the performance of official duties. This includes:

• Any use for conducting an outside business
• Any use to promote, support, or solicit for an outside organization, charity, or group unless provided for by law or approved by the university executive assistant for policy and planning
• Any use for the purpose of assisting a campaign, election of a candidate to any office, or to oppose or support a ballot proposition
• Any use prohibited by federal, state or university regulations

Reimbursement (CWUP 2-40-050(16)

• Reimbursement of private use of university resources does not remedy the situation, but is appropriate.

Basic rules for gifts (CWUP 2-40-050(10)) [RCW 42.52.140]

• Gifts are defined as anything of value, including gratuities and favors.
• University employees may not accept a gift if it could reasonably be expected to influence the performance or nonperformance of the employee's official duties.
• University employees may not accept a gift or gifts from any person or source with a value in excess of fifty dollars ($50) per calendar year.

Acceptable gifts without regard to the $50.00 limit: excluding Section 4 employees

• Unsolicited flowers, plants, and floral arrangements
• Unsolicited promotional items of nominal value (pens, note pads, etc.)
• Unsolicited tokens or awards of appreciation (plaque, trophy, desk item, etc.)
• Unsolicited items for the purpose of evaluation
• Informational materials
• Food and beverages consumed at a hosted reception related to official duties
• Admission to, and food and beverages consumed at, civic, charitable, governmental, or community events
• Discounts available to an individual as a member of an employee group
• Unsolicited gifts from dignitaries from another university or foreign country that are personal in nature

Section 4 employees may not accept these gifts: A Section 4 employee is one who participates in decisions to acquire goods and services or acts to approve, disapprove, or advises regarding contracting.

• Flowers, plants and floral arrangements
• Gifts from dignitaries
• Meals
• Travel expenses for a speech, presentation or trade mission
• Travel expenses for seminars and educational programs
• Gifts valued less than $50

Remedy for receiving a gift [RCW 43.52.010(10)(g)]

Prohibited gifts may be returned to the donor or donated to charity within 30 days of receipt.

Use of resources for political campaigns (CWUP 20-40-050(13)) [RCW 42.52.180]

Employees are prohibited from using university resources (time, postage, stationery, etc.) for political campaigns. Witnessing the use of university resources for campaign purposes and not acting to stop the use is a violation of the ethics law.

Guidelines for the Use of Technology and Physical Space

Use of e-mail

• No-Tolerance List prohibits use for outside business, campaigning, commercial advertising, illegal activities, lobbying, or promoting outside organizations.
• Occasional and brief personal (non-business) use is acceptable if it does not interfere with the performance of university duties.

  Appropriate example: E-mailing home (or calling) to see if children are home safe. There is no cost to the university, it is brief, and it does not interfere with performance of duties.
  Inappropriate example: An employee in the PTA (fund-raising event where the more the parent raises, the less his/her personal contribution) solicits contributions using e-mail. This is NOT permitted. This is using university resources to further private interest and promote an outside organization.

Use of the Internet

• No-Tolerance List prohibits use for outside business, campaigning, commercial advertising, illegal activities, lobbying, or promoting outside organizations.
• Occassional and brief use of the Internet is permitted if it does not interfere with official duties and is permitted and approved.
• Visiting humor and joke sites, dowloading files, and e-mailing non-work related files to co-workers is prohibited.
• Updating health and insurance benefit information on the Internet is permitted.

  Inappropriate Example: Management of a personal retirement investment account and to communicate with a broker is prohibited.

Use of Computers

• No-Tolerance List prohibits use for outside business, campaigning, commercial advertising, illegal activities, lobbying, or promoting outside organizations.
• Downloading and playing games is prohibited. However, playing games already on the computer as part of university software is permitted during break periods with supervisor's approval.
• Only brief and occasional usage of the Internet, computers, and other university resource is allowed during employee breaks or lunch periods.
• University visitors and employee family members (including children) are not authorized to use university information technology resources.

  Appropriate Example: Completing job applications for state positions outside of work time is considered professional development and is appropriate.
  Appropriate Example: An employee taking a computer class on his/her own time to enhance job skills may use the computer to do homework after working hours, using his/her own paper. This enhances the effectiveness of the organization.

Use of phone, fax, cell phone, copy machine, BlackBerry, etc.

• No-Tolerance List prohibits use for outside business, campaigning, commercial advertising, illegal activities, lobbying, or promoting outside organizations.
• Employees using personal phones for university business can be reimbursed.
• Occasional local telephone calls for medical and dental appointments, child- or elder-care arrangements, transportation coordination, etc., are acceptable.

Use of university facilities, conference and break rooms

• No-Tolerance List prohibits use for outside business, campaigning, commercial advertising, illegal activities, lobbying, or promoting outside organizations. (Includes Avon, Amway, Shaklee, Tupperware, etc.)
• It is not appropriate to bring children to the work place for daycare.

Entertainment and hosting (CWUP 2-40-200)

• Using public funds for entertainment and hosting is a violation of regulations.
• Discretionary Funds (Foundation) can support these activities.
• University-supported meals and light refreshments are allowed as an integral part of training. This requires prior approval by PBA, including an estimated cost and the number of people in attendance.
• University-supported meals or light refreshments are not appropriate for routine business meetings and employee gatherings.

University business cards

• Personal or personal outside data (home phone, cell phone, personal e-mail, address, etc.) is not appropriate on university business cards.
• Including a university phone number on personal business card is prohibited.

Use of employee title for political campaigns

• Employee titles are not a facility of the university, so an employee may use his/her title accompanied by a disclaimer that the employee is speaking for him/herself and not the university.

Complimentary textbook disposal

• Regulations prohibit selling the textbooks, including selling and donating the money to charity.
• Dispose by donating books to the university library, departments, student club, surplus, or to an established charity.

Door Prizes (Ethics Advisory Opinion 98-10, revised and emended July 13,2007)

• Employees may not keep door prizes received at a conference paid for by the university while attending on university time.
• Employees may not use a university business card to enter into "drawings," especially when the event is attended in a personal capacity.