NSF Financial Conflict of Interest Procedures

The NSF and PHS (Public Health Service) have different definitions and requirements.  Be sure to use the appropriate procedures.  In addition, other agencies and grant funders have adopted the PHS regulations.  If you are unsure about what regulations apply, contact grants@cofc.edu.

Applicability

These procedures governing Financial Conflict of Interest apply to all Investigators as defined in this document who are submitting applications for NSF sponsored programs or research or who have received funding from NSF.

Each Investigator must disclose in accordance with the College Procedures Financial Conflict of Interest for National Science Foundation (NSF) Grant Applicants and Awardees all significant financial interests of the investigator (including those of the investigator’s spouse and dependent children)

  • that would reasonably appear to be affected by the research or educational activities funded or proposed for funding by NSF; or
  • in entities whose financial interests would reasonably appear to be affected by such activities.

Regulatory Authority

The College shall assure that conflicts of interest by its researchers are identified and managed in adherence the National Science Foundation (NSF) "Investigator Financial Disclosure Policy" 59 FR 33308.

Where there are substantive differences between this policy and the regulations, the regulations take precedence.

Definitions

Designated Official (DO) means the individual(s) within the Institution who is(are) responsible for the solicitation and review of disclosures of Significant Financial Interests (SFI).

Research Conflict of Interest Panel (RCIP) means the Institution’s Panel that reviews investigator disclosures upon recommendation by the DO and determines whether a conflict of interest exists.   If a conflict of interest exists, a management plan is developed for handling the identified conflict.  RCIP members are appointed by the Provost.  The RCIP shall include, at a minimum, three tenured faculty members representing a cross section of academic disciplines, the Assistant Vice President for Research, and a representative from Legal Affairs.  The DO shall serve as an ex officio, non-voting member of the committee.

Investigator means any individual, regardless of title or position, who is responsible for the design, conduct, or reporting of PHS and NSF sponsored research, or proposals for such funding – and the Investigator’s spouse and dependent children.   This definition is not limited to those titled or budgeted as principal investigator or co-investigator on a particular proposal, and may include postdoctoral associates, senior scientists, or graduate students.  The definition may also include collaborators or consultants as appropriate.

Subrecipient means collaborators, subawardees, subcontractors, or consortium members.

Financial Conflict of Interest (FCOI) means a Significant Financial Interest that the Institution reasonably determines could directly and significantly affect the design, conduct or reporting of funded research or sponsored programs.

NSF Significant Financial Interest (NSF SFI) means anything of monetary value of the Investigator (as defined above)

  • that would reasonably appear to be affected by the research or educational activities funded or proposed for funding by NSF; or
  • in entities whose financial interests would reasonably appear to be affected by such activities:
    • Salary, intellectual property (e.g., patents, copyrights and royalties from such rights) or other payments for services (e.g., consulting fees or honoraria salary) that, when aggregated for the investigator (as defined above), are expected to exceed $10,000 during the twelve month period.
    • Equity interest (e.g., stocks, stock options or other ownership interests) that, when aggregated for the Investigator (as defined above), meets both of the following tests: exceeds $10,000 in value as determined through reference to public prices or other reasonable measures of fair market value, and represents more than a 5% ownership interest in any single entity.

NSF SFI does not include:

  • Salary, royalties or other remuneration from the applicant institution;
  • Any ownership interests in the institution, if the institution is an applicant under the Small Business Innovation Research Program or Small Business Technology Transfer Program;
  • Income from seminars, lectures, or teaching engagements sponsored by public or non-profit entities;
  • Income from service on advisory committees or review panels for public or nonprofit entities.

Disclosure Procedures

Each Investigator shall submit disclosures using a Investigator Financial Interests Report eForm provided by the Office of Research and Grants Administration.

  • Initial Disclosure
    • An Investigator Financial Interests Report form must be on file at the time of submission of a proposal to the NSF for research funding.
    • This disclosure shall cover the 12 months prior to submission.
    • Investigators new to the College who are transferring a funded project or research shall submit a disclosure at the time of the transfer.
  • Award Disclosure
    • Each Investigator shall submit an Investigator Financial Interests Report form addendum at the time of acceptance of an award from the NSF.
  • Ad Hoc Disclosure
    • An Investigator Financial Interests Report form addendum shall be submitted by each Investigator during the course the funded activity within thirty (30) days of discovering or acquiring (e.g., through purchase, marriage, or inheritance) the NSF-SFI.

Significant Financial Interest Review

  • Initial Review
    • Covered persons shall submit an Investigator Financial Interests Report form to the Office of Research and Grants Administration prior to the submission of an application for research funding covered under this Policy.
    • The Investigator Financial Interests Report shall be initially reviewed within 10 working days by the Designated Official.
    • If the DO concludes that an SFI could directly and significantly affect the design, conduct, or reporting of sponsored projects or research, the Research Conflict of Interest Panel (RCIP) shall be convened to determine that if an FCOI exists and if so, require that an approved FCOI Management Plan shall be required before any related research goes forward.
  • Retrospective Review
    • If the RCIP determines that an FCOI was not identified or managed in a timely manner, including but not limited to an Investigator’s failure to disclose SFI that is determined to be an FCOI, or failure by an Investigator to materially comply with a management plan for an FCOI, the RCIP will complete a retrospective review of the Investigator’s activities and the research project to determine whether the research conducted during the period of non-compliance was biased in the design, conduct or reporting of the research.
    • Documentation of the retrospective review shall include the project number, project title, PI, name of Investigator with the  FCOI, name of the entity with which the Investigator has the  FCOI, reason(s) for the retrospective review, detailed methodology used for the retrospective review, and findings and conclusions of the review.
    • The Associate Vice President for Research will update any previously submitted reports, specifying the actions that will be taken to manage the FCOI going forward.  If bias is found, the report will include a mitigation report in accordance with regulations as appropriate, including a description of the impact of the bias on the research project and the plan of action to eliminate or mitigate the effect of the bias.

Financial Conflict of Interest Management Plan

  • The FCOI Management Plan shall be prepared by the Investigator, in cooperation with the academic department/unit director and dean/cognizant vice president, and submitted to the RCIP no later than 60 days after notification by the RCIP.
  • The management plan shall describe the proposed steps that will be taken to manage, reduce, or eliminate any actual or potential conflict of interest presented by a significant financial interest.
  • The terms of a Conflict Management Plan shall be consistent with the requirements of the NSF  and may include one or more of the following:
    • Public disclosure of significant financial interests;
    • Monitoring of research by independent reviewers;
    • Modification of the research plan;
    • Disqualification from participation in the portion of the NSF-funded research that would be affected by significant financial interests;
    • Divestiture of significant financial interests; or
    • Severance of relationships that create conflicts.
  • If the reviewer(s) determines that imposing conditions or restrictions would be either ineffective or inequitable, and that the potential negative impacts that may arise from a significant financial interest are outweighed by interests of scientific progress, technology transfer, or the public health and welfare, then the reviewer(s) may allow the research to go forward without imposing such conditions or restrictions.

Investigator Non-Compliance

  • Disciplinary Action
    • In the event of an Investigator’s failure to comply with this Policy, the Provost may suspend all relevant activities or take other disciplinary action until the matter is resolved or other action deemed appropriate by the Provost is implemented.
    • The Provost’s decision to impose sanctions on an Investigator because of failure to comply with this Policy, or failure to comply with the decision of the Provost will be described in a written explanation of the decision to the investigator, RCIP, and, where applicable, the IRB, and will notify the individual of the right to appeal the decision.
  • Retrospective Review
    • If the RCIP determines that an FCOI was not identified or managed in a timely manner, including but not limited to an Investigator’s failure to disclose SFI that is determined to be an FCOI, or failure by an Investigator to materially comply with a management plan for an FCOI, the RCIP will complete a retrospective review of the Investigator’s activities and the research project to determine whether the research conducted during the period of non-compliance was biased in the design, conduct or reporting of the research.
    • Documentation of the retrospective review shall include the project number, project title, PI, name of Investigator with the  FCOI, name of the entity with which the Investigator has the  FCOI, reason(s) for the retrospective review, detailed methodology used for the retrospective review, and findings and conclusions of the review.
    • The Assistant Vice President for Research will update any previously submitted reports, specifying the actions that will be taken to manage the FCOI going forward.  If bias is found, the report will include a mitigation report in accordance with regulations as appropriate, including a description of the impact of the bias on the research project and the plan of action to eliminate or mitigate the effect of the bias.

Reporting

Notification of conflict of interest that cannot be managed, reduced, or eliminated shall be submitted electronically via the NSF FastLane system by the Assistant Vice President for Research.

If the funding is made available from a prime NSF awardee, such reporting shall be made available to the prime awardee such that they may fulfill their reporting obligations.

Record Retention

The Office of Research and Grants Administration will maintain records of all financial disclosures and of all actions taken to resolve conflicts of interest for at least three years beyond the termination or completion of the grant to which they relate, or until the resolution of any agency action involving those records, whichever is longer.

Public Accssibility

Prior to the expenditure of funds, the Institution will respond to any requestor within five business days of the request, information concerning any SFI that meets the following criteria: the SFI was disclosed and is still held by the Investigator; a determination has been made that the SFI is related to the PHS-funded research; and a determination has been made that the SFI is a FCOI.

The information to be made available shall be consistent with the requirements of the applicable PHS or NSF policies.

Confidentiality

To the extent permitted by law, all disclosure forms, conflict management plans, and related information will be confidential.  However, the Institution may make such information available to an agency funding the research, to a requestor of information concerning FCOI related to PHS or NSF funding or to the primary entity who made the funding available to the Institution, if requested or required. If the Institution is requested to provide disclosure forms, conflict management plans, and related information to an outside entity, the Investigator will be informed of this disclosure.

Subrecipients

Subrecipients must either comply with this policy or provide a certification from their institutions that they are in compliance with Federal policies regarding investigator financial interest disclosure and that their portion of the project is in compliance with their institutional policies. The subrecipient agreement will state the time period allowed for the subrecipient to provide timely FCOI reports.