9.1.9 Ethics Policy
Policy Statement
It is the Policy of the College that all members of the College Community act in a manner that, at a minimum, is consistent with all controlling laws and to otherwise conduct themselves with honesty, fairness, transparency, and respect for the rights of others.
Policy Manager and Responsible Department or Office
Human Resources
Policy
Preface
It is the intent of this Ethics Policy to state those standards of ethical conduct that are expected of all members of the College Community. These standards must be observed when conducting the affairs of the College and when dealing with the government, members of the public, and with all other persons who govern, work at, attend or visit the College of Charleston. This Policy affirms the College’s commitment to integrity and fairness and the faithful observance of the law while in pursuit of its academic mission. Some of the provisions contained in this Policy exceed the minimum standards of ethical conduct that are required by South Carolina law and reflect the aspirations of the College to adhere to the highest standards of ethical conduct that are generally regarded as best practices.
Statement Of Policy
It is the Policy of the College that all members of the College Community act in a manner that, at a minimum, is consistent with all controlling laws and to otherwise conduct themselves with honesty, fairness, transparency, and respect for the rights of others.
Definitions
Except as otherwise specified in this Policy, a capitalized term in bold print used in the following sections of this Policy has the meaning given to that term in the Glossary, included as Attachment A to this Policy.
Policy Coverage
This Policy is applicable to the College Board of Trustees, faculty and staff of the College, whether part-time, full time or temporary, students while employed by the College, visiting faculty, contractors and consultants performing work or providing services on College owned or leased property, and all other invitees of the College. The term “Covered Person” shall be deemed to include all persons described in this Section.
General Principles
Generally
The College of Charleston takes its reputation for integrity very seriously. Board members, faculty, staff, students, and even vendors have a responsibility to maintain the highest legal and ethical standards. Covered Persons shall treat each other with civility and respect. Honest discourse, fair comment and tolerance for the views of others are expected in a community of scholars and are integral to the proper functioning of an institution of higher education.
Transactions
The College’s transactions are to be conducted with transparency, fairness, and in compliance with controlling law. Members of the College Community must act in the best interest of the College and should not engage in self-dealing for personal gain. We should try to avoid the appearance of self-dealing, even if such self-dealing does not actually exist.
College Contracting
College contracts shall not be awarded on the basis of personal favoritism, nepotism, political considerations or based on any other consideration that is extraneous to the merits of the contemplated transaction. It shall be a violation of this Policy for a Covered Person to award, recommend the award or facilitate the award of a College contract to a Family Member or a Business with which the Covered Person or a Family Member is Associated.
Conflicts of Commitment
College employees also employed outside of the College shall not permit their outside employment to interfere with their respective College duties, responsibilities and time commitments. Nor should any College employee undertake any commercial activity or accept outside employment in a position that is directly competing with a College program or activity and that could potentially result in a loss of revenue to the College.
Compliance with Professional Codes of Conduct and Code of Ethics
Many professional associations have developed codes of conduct or codes of ethics for their members. Employees of the College are expected to follow the codes of conduct and codes of ethics for their area of professional expertise.
Dealings with the Neighboring Community
The College will not do anything or refrain from doing anything within the scope of its responsibility that would be responsible for causing damage to our neighboring communities. The College will respect the rights of its neighbors to privacy and to enjoy the benefits of their property. We shall consult with the greater community when considering substantial construction and renovation projects and will periodically meet with community neighborhood groups to discuss issues of mutual concern.
Laws, Rules And Regulations
Generally
Covered Persons must obey all laws, rules and regulations including the South Carolina Rules of Conduct (summarized in Attachment B to this Policy). In the event that a provision of this Policy should be more restrictive than a Rule of Conduct or any other provision of law, the more restrictive provision shall apply.
Receipt of Gifts
It is wrong for a Covered Person to accept a Gift or Anything of Value from someone who intends the Gift or Anything of Value to influence their business relationship with the College of Charleston. Covered Persons should seek the guidance of the Office of Legal Affairs if they have any reason to suspect a Gift or Anything of Value is being offered for such a purpose.
Political Activity1
Included below is an illustrative list of restrictions and limitations applicable to all members of the College Community:
- The use of College property, personnel, equipment or materials in election campaigns or to influence the outcome of an election is prohibited. College employees are restricted from utilizing College resources in an election campaign effort. The prohibition against the use of College materials to influence the outcome of an election includes the use of College stationary. The College, however, may rent or provide public facilities for political meetings and other campaign-related purposes, if such facilities are available on similar terms to all candidates.
- College employees may campaign for public office when done on their own time, without utilizing public materials and equipment, and on non-governmental premises. Therefore, provided that the employee abides by all relevant laws and rules, a College employee may participate in the political process by endorsing candidates, serving on a candidate’s campaign committee, soliciting campaign contributions, and writing candidate support letters.
- A person may not use or authorize the use of public funds, property, or time to influence the outcome of an election.
- College resources can be used to prepare informational materials, conduct public meetings, or respond to news media or citizens’ inquiries concerning a ballot measure affecting the College; however, we may not use College funds, property, or time in an attempt to influence the outcome of a ballot measure. The incidental use of time and materials for preparation of an objective and balanced newsletter or College newspaper article on a political issue is permissible.
- A College employee may not use her/his College computer to e-mail campaign literature to others.
- All College transactions are to be based on merit and not on the political affiliation of any party to the transaction.
Research Integrity
Covered Persons who engage in sponsored research shall conduct themselves with the highest degree of integrity and shall avoid any misconduct, including deliberate fabrication, falsification, or plagiarism in proposing, performing, or reviewing research, or in reporting research results. Research misconduct does not include honest error or differences of opinion. Care shall be exercised in adhering to all applicable laws, rules and regulations regarding the performance and reporting of research results. Suspected instances of misconduct must be promptly reported to the Assistant Vice President for Research or the Provost.
Data Integrity and Reporting
Certain academic and enrollment data (e.g., student retention rates, college completion rates) are reported by the College of Charleston to federal and state agencies and to media organizations seeking information relevant to the publication of national and international university rankings and/or to quality assessments of the College and its academic programs.
Prior to the reporting of such data to the relevant agency or organization, the data submission shall be reviewed for accuracy and completeness by the Office of Institutional Research, Planning, and Information Management (or by any successor office to which similar data-management and integrity responsibilities are assigned). Further, and prior to data submission, the President and Provost shall attest by signature to the completion of the required review for accuracy and completeness, as described in the preceding sentence.
For submissions to federal or state agencies involving only institutional financial data and where there is no statutory or regulatory obligation for the signature of the President and/or Provost, the Executive Vice President for Business Affairs shall attest by signature to their accuracy and completeness, with such attestation to be completed prior to data submission.
Reports of Wrongdoing
The College will not dismiss, suspend from employment, demote, decrease the compensation of, or retaliate against an employee because the employee files a report in good faith with an appropriate authority of wrongdoing by a Covered Person. “Wrongdoing” means an action which results in substantial abuse, misuse, destruction, or loss of substantial public funds or public resources. “Wrongdoing” also includes an allegation that a Covered Person has intentionally violated federal or state statutory law or regulations or other political subdivision ordinances or regulations or a code of ethics, which violation is not merely technical or of a minimum nature.
Misuse of College Resources
Tools, equipment, furniture, fixtures, office supplies and other personal property purchased, leased or otherwise owned/leased by the College may only be used for legitimate College purposes and may not be borrowed by employees or others for any other purpose. When appropriate, however, the College may loan or rent its personal property to another entity pursuant to a written agreement.
Statements Of Economic Interest
Persons Required to Report
Each of the following Covered Persons must file a statement of economic interest with the appropriate State Commission on Ethics pursuant to Title 8, Chapter 13 of the South Carolina Code of Laws: (a) the President, each Executive Vice President and each General Counsel who reports directly to the President; (b) the Treasurer of the College; (c) the Controller of the College; (d) the Director of Procurement and Supply; (e) each Trustee of the College; and (f) such other employees of the College with financial responsibilities as the President may notify from time to time, in writing. A copy of the required statement of economic interest with instructions can be found at https://ethics.sc.gov/statement-economic-interests.
Consequences For Not Timely Filing An Accurate And Complete Statement
In addition to such other remedial actions as may be available under law (Title 8, Chapter 13), the College may take discipline against those employees listed in Section 7.1 who knowingly and willfully fail to file an accurate and complete statement of economic interest up to and including dismissal from employment for a serious offense.
Entrepreneurial Activity Of Faculty And Staff
Selling to the College
A Covered Person may not have an Economic Interest in a contract with the College if the Covered Person is authorized to perform an Official Function relating to the contract. Official Function means writing or preparing the contract specifications, acceptance of bids, award of the contract, or other action on the preparation or award of the contract. This section is not intended to infringe on or prohibit public employment contracts with the College nor does it prohibit the award of contracts awarded through a process of public notice and competitive bids if the Covered Person has not performed an official function regarding the contract.
Entrepreneurial Activities
The College may participate in commercial activities alone or in concert with outside entities, whether such entities are for-profit, not-for-profit, or units of government at any level, provided that such activities are preapproved in writing by an Executive Vice President or the President and a determination has been made regarding the allocation of revenue and expense. Such participation must be consistent with relevant laws and this Ethics Policy.
Confidentiality
A Covered Person may not use or disclose Confidential Information gained in the course of or by reason of his/her official responsibilities in a way that would affect an Economic Interest held by him/her, a member of his Immediate Family, an individual with whom he is Associated, or a Business with which he is Associated. The Board of Trustees, on its own initiative, may promulgate rules for the confidentiality of all nonpublic information disclosed to its Members during its Executive Sessions.
Ethics Opinions
By the Commission on Ethics
As provided for in current law, the South Carolina Commission on Ethics will issue, upon request from a Covered Person, and will publish advisory opinions on matters arising under the Ethics Laws of the State based on real or hypothetical sets of circumstances; and the Commission’s opinion, until amended or revoked, is binding on the Commission in any subsequent charges concerning the person who requested the opinion and who acted in reliance on it in good faith, unless material facts were omitted or misstated by the person in the request for the opinion. Advisory opinions must be made available to the public unless the Ethics Commission requires an opinion to remain confidential. However, the identities of the parties involved will be withheld upon request.
By the College’s Legal Affairs Office
An opinion may also be requested by a Covered Person, in writing, from the College’s General Counsel regarding any matter that has or may arise under this Policy. The opinion, until amended or revoked, is binding on the College (but not on the Commission on Ethics) in any subsequent matters arising under this Policy concerning the person who requested the opinion and who acted in reliance on it in good faith, unless material facts were omitted or misstated by the person in the request for the opinion. Advisory opinions will be made available to the public to the extent required under law.
Optional Registration
A Covered Person may provide the Division of Business Affairs an annual list of Businesses with which he/she is Associated, so that the Office of Procurement and Supply may run potential “conflict of interest checks” on offerors for College contracts. These lists shall only be made available to the Executive Vice President for Business Affairs, the Director of Procurement and Supply, the Internal Auditor, and such other persons as the President of the College may designate. If a potential conflict does exist, the Covered Person will be alerted and the Office of Legal Affairs will provide an opinion, if requested, on the appropriateness of the proposed transaction. The public release of such lists shall be considered an unreasonable invasion of personal privacy, within the meaning of the South Carolina Freedom of Information Act.
Notice of Policy
Availability
This Policy shall be prominently displayed on the College’s web site and a copy of this Policy shall be provided to all new employees and Trustees of the College. Each Executive Vice President is responsible for disseminating and discussing this Policy within his/her division.
Training Procedure
The President shall approve a training procedure for the training of managers of the College on the provisions of this Policy.
Investigations And Discipline
Violations of this Policy by College employees will result in disciplinary action; and violations by volunteers may result in dismissal as a volunteer. Investigations of employees shall be conducted in accordance with the Operating Procedures for Processing Initial Complaints Against Faculty, Administrators and Staff. Disciplinary actions for violations will be in accordance with the College’s Code of Conduct and Disciplinary Actions Policy.
Violations of this Policy by Trustees or the President are subject to such investigation and remedial action as a disinterested majority of the Board of Trustees may deem appropriate.
Duty To Report
Any member of the College Community who reasonably believes that s/he has witnessed conduct prohibited by this Policy has a responsibility to report the situation immediately to the Internal Auditor, the appropriate Executive Vice President, the General Counsel, or the President of the College. A member of the College Community who witnesses but fails to report such a situation may be subject to the immediate consideration of disciplinary or other remedial action if the failure to report has placed a member of the College Community at risk of harm or the College at risk of legal liability. The nature and extent of the action taken, if any, will depend on the following factors: (a) the severity of the circumstances observed; (b) the position/status of the person who observed the incident; (c) the position/status of the observed violator; and (d) the consequences of the failure to report or the failure to report in a timely manner.
Scholarships
Nothing in this Policy prevents a Covered Person or a member of his immediate family from being awarded an award, a grant, or scholarship, or negatively reflects on a Covered Person because of an award, a grant, or scholarship awarded to the Covered Person or to a member of his immediate family on a competitive, objective basis if the Covered Person has not willfully contacted any person involved in the selection of the recipient, on behalf of the recipient, before the award.
Policy Maintenance
The President of the College (or the President’s designee) and the Internal Auditor shall be responsible for the maintenance of this Policy and the President shall cause a review of this Policy to be undertaken at least once during each five year period.
Effect On Other College Policies
This Ethics Policy is not intended to supersede or modify any other official College Policy of specific application to a particular circumstance or situation (e.g. Prohibition of Discrimination and Harassment, Including Sexual Harassment and Abuse). In such situations the Policy of specific application will control. In all other situations a violation of this Ethics Policy will be considered the controlling authority upon which remedial action (including discipline) may be based.
Operating Procedures
The President of the College may approve operating procedures to implement this Policy, provided that the Chair of the Board of Trustees is timely informed of such procedures. Such procedures may not be inconsistent with this Policy nor may they eliminate or expand the scope of the prohibitions already described in the Ethics Policy.
Amendments
This Policy may be amended by Resolution of the Board of Trustees.
Departments/Offices Affected By The Policy
All departments and offices of the College of Charleston are affected by this policy.
Procedures Related To The Policy
N/A
Related Policies, Documents or Forms
Faculty/Administration Manual
Policy 9.1.2, "Code of Conduct and Disciplinary Actions"
Policy 9.1.9, "Prohibition of Discrimination and Harassment, Including Sexual Harassment and Abuse"
Other Relevant Policies of Specific Application
Revision Log
Issue Date: 10/13/2011
Last Review Date: 10/5/2020
Next Review Date: 10/12/2025
Web Publication Date: 1/29/2026