6.92 – Faculty Consulting

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Scope: NMSU System

Source: ARP Chapter 6 | HR - Hiring, Work Rules and Assignments

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Revision History:

2017 Recompilation, formerly Rule 5.32

A. Definitions


The following definitions, policies, and procedures will be applied to all full-time faculty members:

  1. University: New Mexico State University.
  2. Consulting: Services for compensation, not disbursed by the university, in an employee’s area of specialization.
  3. Consulting time: That time afforded a faculty member during the faculty member’s normal working hours.
  4. Full-Time and Part-Time: A faculty member employed for an FTE fraction of 0.9 or greater is considered full-time, while an FTE fraction of less than 0.9 is considered part-time.

 

B. Consulting Policies


  1. Consulting by full-time faculty should be considered secondary to the performance of the faculty member’s assigned duties.
  2. Written notification is required for consulting. Written permission is required for consulting time.
  3. Consulting time shall not average more than 1 day per week during the months of full-time employment excluding those days when university offices are officially closed.
  4. Consulting is to be conducted in an ethical manner that should not create a conflict-of-interest situation.
  5. University facilities, equipment, personnel or supplies which are not freely available to the general public will not be used in consulting without proper arrangements for reimbursement.
  6. Additional assignments performed during normal university working hours, and for which an employee receives supplemental compensation, will be counted against that faculty member’s allowed consulting time and must be approved by all cognizant administrators.

 

C. Procedures/Right to Appeal


  1. The faculty member shall submit a written notification of consulting to the faculty member’s immediate supervisor (usually the department head) prior to initiation of consulting. At times, consulting opportunities arise when it is not possible to immediately submit a written notification (such as weekends or holidays).  In those cases, the faculty member is expected to make every possible effort to submit the notification on the next regular business day for the university.
  2. The immediate supervisor is responsible for notifying the appropriate dean or director of those faculty members who have submitted notification of consulting.
  3. The faculty member shall obtain prior written permission for consulting time from the faculty member’s immediate supervisor and appropriate dean or director. The request for consulting time must be acted upon within 5 working days.
  4. Prior written approval and financial arrangements for reimbursement must be obtained from the immediate supervisor before university facilities, equipment, personnel or supplies may be used in consulting by the faculty member. These arrangements will be reviewed by the appropriate dean or director and may be disapproved, with cause.
  5. Causes for denial of consulting privileges include, but are not limited to: a clear conflict-of-interest situation, unprofessional conduct by the faculty member negatively reflecting on the university, significant interference with assigned university duties, consulting time exceeding an average of 1 day per week, or misuse of university facilities, equipment, personnel or supplies.
  6. The faculty member may appeal decisions (denial of consulting privileges) to the Faculty Grievance Review Board.
  7. Additional policies not in conflict with the above may be developed and implemented by the college faculties and administrations.