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Conflict of Commitment
Conflict of commitment is a complex and controversial concept with potentially significant legal consequences that generally refers to those work-related situations in which the outside activities of college and university employees interfere with the time and effort that they are supposed to be providing for their employers. In higher education, conflicts of commitment commonly arise when faculty members or any other employees engage in outside work that, while related to their assigned duties, may reduce their ability to meet their contractual obligations to their primary employers. As such, conflicts of commitment may overlap with conflicts of interest when personal finances are involved; in the broader sense, conflict of commitment refers to conflicts of employees' time and energy. This entry describes several institutional approaches, reviews some of the main cases in this area, and considers proposals to address ongoing policy issues.
Institutional Policies
Various organizations have begun to address the ethical issues surrounding conflicts of commitment. According to the Association of American Medical Colleges (AAMC), for example, “conflict of commitment” refers to an individual faculty member's distribution of effort between obligations to his or her academic appointment and his or her commitment to outside activities. The AAMC stipulates that a conflict of commitment exists when outside activities interfere with the employee's obligations to students, colleagues, and the primary missions of the academic institution at which he or she is employed (AAMC, 1990).
At the same time, guidelines from the Association of Academic Health Centers (AAHC) emphasize the legal obligation of faculty members or other academic staff members to devote their primary effort and allegiance to their employers. The guidelines caution that any effort to divert to other entities or institutions opportunities for research, education, clinical care, or financial support that might come to the employer constitutes an inappropriate conflict of commitment (Euben, 2004).
The American Association of University Professors (AAUP) has not issued a specific statement on conflicts of commitment. However, AAUP policies do address the issue. For instance, in its Statement on Professional Ethics, the AAUP asserts that “Professors give due regard to their paramount responsibilities within their institution in determining the amount and character of work done outside it” (AAUP, 1987, <j¶ 4). As early as 1965, the AAUP and the American Council on Education recommended that universities develop guidelines to help individual staff members understand how to conduct outside interests that might generate conflicts of interest (“On Preventing Conflicts,” 1965).
Employers in higher or postsecondary education have attempted to manage conflicts of commitment by establishing institutional definitions, policies, and procedures. A simple Internet search of “conflict of commitment” on Google reveals literally thousands of references to institutional definitions, policies, and procedures governing conflicts of commitment at universities and colleges. All of these references include elements of faculty and staff members' obligations to their students and employers and the need to balance outside activities to permit fulfillment of their work obligations. They also acknowledge employees' rights to conduct outside work such as consulting, holding public office, publishing, researching, serving on the board of directors of an outside organization, serving as an elected officer of an academic organization, serving as an editor of a scholarly publication, starting an outside company, and teaching. More specifically, employees in institutions of higher learning in some states are prohibited from holding public office at the same time that they hold teaching appointments due to state restrictions against receiving dual compensation from public funding.
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- Cases in Higher Education Law: Affirmative Action and Race-Based Admissions
- Cases in Higher Education Law: Disability
- Cases in Higher Education Law: Faculty Issues
- Board of Curators of the University of Missouri v. Horowitz
- Board of Regents of State Colleges v. Roth
- Keyishian v. Board of Regents of the University of the State of New York
- Kimel v. Florida Board of Regents
- Knight v. Board of Regents of the University of the State of New York
- Lehnert v. Ferris Faculty Association
- National Labor Relations Board v. Yeshiva University
- Perry v. Sindermann
- Regents of the University of Michigan v. Ewing
- Slochower v. Board of Higher Education of New York City
- Sweezy v. New Hampshire
- Urofsky v. Gilmore
- Cases in Higher Education Law: Finance and Governance
- Cases in Higher Education Law: Gender Equity
- Cases in Higher Education Law: Religion and Freedom of Speech
- Board of Regents of the University of Wisconsin System v. Southworth
- Bob Jones University v. United States
- Healy v. James
- Hunt v. McNair
- Locke v. Davey
- Papish v. Board of Curators of the University of Missouri
- Roemer v. Board of Public Works of Maryland
- Rosenberger v. Rector and Visitors of the University of Virginia
- Tilton v. Richardson
- Widmar v. Vincent
- Concepts, Theories, and Legal Principles
- Academic Abstention
- Academic Dishonesty
- Academic Freedom
- Affirmative Action
- Catalogs as Contracts
- Conflict of Commitment
- Conflict of Interest
- Copyright
- Disparate Impact
- Due Process, Substantive and Procedural
- Educational Malpractice
- Equal Protection Analysis
- Ex Corde Ecclesiae and American Catholic Higher Education
- Fair Use
- Hate Crimes
- Intellectual Property
- Student Moral Development
- Tax Exemptions for Colleges and Universities
- Tenure
- U.S. Supreme Court Cases in Higher Education
- Zoning
- Constitutional Rights and Issues
- Affirmative Action
- Age Discrimination
- Bill of Rights
- Civil Rights Movement
- Disciplinary Sanctions and Due Process Rights
- Disparate Impact
- Drug Testing of Students
- Due Process, Substantive and Procedural
- Eleventh Amendment
- Equal Protection Analysis
- Federalism
- Fourteenth Amendment
- Fourth Amendment Rights of Faculty
- Fourth Amendment Rights of Students
- Free Speech and Expression Rights of Students
- Hate Crimes
- Hostile Work Environment
- Loyalty Oaths
- Political Activities and Speech of Faculty Members
- Privacy Rights of Faculty Members
- Privacy Rights of Students
- Religious Activities on Campus
- Sexual Harassment of Students by Faculty Members
- Sexual Harassment, Peer-to-Peer
- Sexual Harassment, Quid Pro Quo
- Sexual Harassment, Same-Sex
- Sexual Orientation
- Sports Programming and Scheduling
- State Aid and the Establishment Clause
- Student Press
- Title IX and Athletics
- Title IX and Retaliation
- Title IX and Sexual Harassment
- Unions on Campus
- Faculty Rights
- Governance and Finance
- Academic Dishonesty
- Age Discrimination in Employment Act
- Boards of Trustees
- Catalogs as Contracts
- Cheating and Academic Discipline
- Collective Bargaining
- Conflict of Commitment
- Conflict of Interest
- Crime Awareness and Campus Security Act
- Due Process Rights in Faculty and Staff Dismissal
- Equal Pay Act
- Extracurricular Activities, Law, and Policy
- Family Educational Rights and Privacy Act
- Grading Practices
- Graduation Requirements
- Hazing
- Hostile Work Environment
- Loans and Federal Aid
- Personnel Records
- Sports Programming and Scheduling
- Student Press
- Tenure
- Unions on Campus
- Organizations and Institutions
- American Association of University Professors
- American Association of University Women
- Association for the Study of Higher Education
- Boards of Trustees
- Community or Junior Colleges
- Education Law Association
- Equal Employment Opportunity Commission
- Historically Black Colleges and Universities
- National Association of College and University Attorneys
- National Collegiate Athletic Association
- Proprietary or For-Profit Colleges and Universities
- Religious Colleges and Universities
- Single-Sex Colleges
- U.S. Department of Education
- Unions on Campus
- Primary Sources: Excerpts from Landmark U.S. Supreme Court Cases
- Berea College v. Kentucky
- Board of Curators of the University of Missouri v. Horowitz
- Board of Regents of State Colleges v. Roth
- Board of Regents of the University of Wisconsin System v. Southworth
- Cannon v. University of Chicago
- DeFunis v. Odegaard
- Gratz v. Bollinger
- Grove City College v. Bell
- Grutter v. Bollinger
- Healy v. James
- Hunt v. McNair
- Keyishian v. Board of Regents of the University of the State of New York
- Lehnert v. Ferris Faculty Association
- Locke v. Davey
- McLaurin v. Oklahoma State Regents for Higher Education
- Mississippi University for Women v. Hogan
- National Labor Relations Board v. Yeshiva University
- Papish v. Board of Curators of the University of Missouri
- Perry v. Sindermann
- Regents of the University of California v. Bakke
- Regents of the University of Michigan v. Ewing
- Rosenberger v. Rector and Visitors of the University of Virginia
- Rumsfeld v. Forum for Academic and Institutional Rights
- Southeastern Community College v. Davis
- Sweatt v. Painter
- Sweezy v. New Hampshire
- Tilton v. Richardson
- Trustees of Dartmouth College v. Woodward
- United States v. Virginia
- University of Pennsylvania v. Equal Employment Opportunity Commission
- Religion and Freedom of Speech
- Academic Freedom
- Civil Rights Act of 1871, Section 1983
- Due Process, Substantive and Procedural
- Ex Corde Ecclesiae and American Catholic Higher Education
- Federalism
- Free Speech and Expression Rights of Students
- Religious Activities on Campus
- Religious Colleges and Universities
- Religious Freedom Restoration Act
- State Aid and the Establishment Clause
- Student Press
- Statutes
- Age Discrimination in Employment Act
- Americans with Disabilities Act
- Civil Rights Act of 1871, Section 1983
- Civil Rights Act of 1964
- Civil Rights Restoration Act of 1987
- Clery Act
- Crime Awareness and Campus Security Act
- Digital Millennium Copyright Act
- Equal Educational Opportunities Act
- Equal Pay Act
- Family and Medical Leave Act
- Family Educational Rights and Privacy Act
- Higher Education Act
- Immigration Reform and Control Act
- Morrill Acts
- National Labor Relations Act
- Rehabilitation Act, Section 504
- Religious Freedom Restoration Act
- Stafford Act
- Tax Exemptions for Colleges and Universities
- Title IX and Athletics
- Title IX and Retaliation
- Title IX and Sexual Harassment
- Title VI
- Title VII
- Student Rights and Welfare
- Academic Dishonesty
- Assistive Technology
- Cheating and Academic Discipline
- Cyberbullying
- Disciplinary Sanctions and Due Process Rights
- Disparate Impact
- Drug Testing of Students
- Extracurricular Activities, Law, and Policy
- Fourth Amendment Rights of Students
- Free Speech and Expression Rights of Students
- Grading Practices
- Graduation Requirements
- Hate Crimes
- Hazing
- Loans and Federal Aid
- Privacy Rights of Students
- Sexual Harassment of Students by Faculty Members
- Sexual Harassment, Peer-to-Peer
- Sexual Harassment, Quid Pro Quo
- Sexual Harassment, Same-Sex
- Sexual Orientation
- Sports Programming and Scheduling
- Student Moral Development
- Student Press
- Student Suicides
- Student Teachers, Rights of
- Video Surveillance
- Technology
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