In many areas, VCU has a policy-free environment.  Our only institutional
level COI policy is one drafted precisely, and no more than, to meet NIH
and NSF regs.  We have a state COI law that covers lots of sins.  (Note --
only an individual state employee, not a state agency, can violate that law).

In a case like this we would be faced with a potential violation of the
state COI law where it precludes an individual having a "personal interest"
($10K/yr and/or 3% equity to self, spouse, or dependent in household) in a
contract with that individual's state agency other than the individual's
contract of employment.  However, there is a process through which it can
be determined that it is in the best interest of the University that such a
contract be entered into, and having that approval insulates the individual
from violation of that law for the subject contract.  The process includes
public disclosure by the individual, but only in a broad manner.

The individual making the decision is at the VP level.  I handle most of
the record keeping, simply because no one else was doing so, and so this
important record with significant legal implications for the individual
(i.e., proof that he is not a criminal!) was not being kept.

We frequently make exceptions under this policy.

Chuck

At 08:36 AM 2/1/99 -0600, you wrote:
>Dear Colleagues,
>
>The following request was submitted to Techno-l last week.  I now seek
>input from the research administration community.  Thank you for sharing
>your experience.
>
>Do you EVER, EVER, under any COI managed plan, EVER subcontract a portion
>of a PI's sponsored project to her/his company (in this case a new
>start-up) wherein the PI on the University contract and the PI on the
>company subcontract is the same person.  Thank you for your advice and
>counsel, your individual examples, and/or your university's policy in this
>regard if you should send it.
>
>John Stokes
>
>
>John K. Stokes                                 Voice:      501-575-3845
>Director                                            Fax:         501-575-3846
>Research and Sponsored Programs
>     and Technology Licensing
>120 Ozark Hall
>University of Arkansas
>Fayetteville, AR  72701
>
>E-mail:     xxxxxx@comp.uark.edu
>Webpage: http://www.uark.edu/admin/rsspinfo
>
>
>======================================================================
> Instructions on how to use the RESADM-L Mailing List, including
> subscription information and a web-searchable archive, are available
> via our web site at http://www.hrinet.org (click on "Listserv Lists")
>======================================================================
>
Herbert B. Chermside, CRA
Director, Sponsored Programs Administration
Virginia Comonwealth University
PO BOX 980568
Richmond, VA  23298-0568
Express Delivery Only:
 Sanger Hall, Rm. 1-073
 11th & Marshall Streets
 Richmond, VA  23219
Voice:  804-828-6772
Fax     804-828-2521
OFFICE e-mail   xxxxxx@VCU.EDU
Personal e-mail xxxxxx@vcu.edu
http://views.vcu.edu/views/ospa/

======================================================================
 Instructions on how to use the RESADM-L Mailing List, including
 subscription information and a web-searchable archive, are available
 via our web site at http://www.hrinet.org (click on "Listserv Lists")
======================================================================