Policy No. 803

Area: Human Resources/Board of Trustees

Code of Ethics Pertaining to Conflicts of Interest for College Employees

Adopted: 04/23/96
Revisions Approved: 7/28/2009; 8/22/2023

1.  Application
This code of ethics is applicable to all Atlantic Cape employees.

2.  Definitions
When used in this policy, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise.

"Board" means the board of trustees of the College.

"College matter" means any application, award, bid, claim, contract, license, proceeding, resolution or transaction made by, to, against or with the College, or which requires any official action by the Board, officers or employees.

"Continuing outside employment" means outside employment or business activity which requires that the employee render services, furnish goods or devote time to a business, professional practice, or to another employer or client, on a reoccurring basis. Continuing outside employment does not include an isolated commitment to serve as guest lecturer or a singular instance of providing service or labor. The following examples of continuing outside employment activities are illustrative of the intent of this code of ethics and are not meant to be an exhaustive listing of continuing outside employment.

1. A full or part-time teaching assignment at another educational institution except for a single or limited number of guest lectures.
2. A clinical or professional practice (for example, in clinical psychology or law).
3. Appointment as a consultant to a school district, corporation or other public or private enterprise for an indeterminate period or a period exceeding thirty (30) days even if actual time demands are intermittent.
4. Operation or management of, or employment in any business enterprise.

"Employee" means any person compensated for full or part-time employment services rendered to the College.

"Immediate family member" shall be interpreted as defined by the Internal Revenue Code of the United States.

"Interest" means any personal, financial, economic, property or other concern amounting to a right, advantage, share or portion inuring either directly or indirectly to an employee or to an immediate family member of an employee, either singly, or in affiliation with any person or party as defined herein.

"Person or party" means any natural person, association, corporation, estate, partnership, proprietorship, trust or other legal entity.

3.  Standards of Ethics
(a) No employee shall have any interest, financial or otherwise, direct or indirect, or engage in any business or transaction or professional activity, which is in substantial conflict with the proper discharge of the employee's duties to the College.

(b) No employee shall use his or her official position to secure unauthorized privileges or advantages for himself or herself or others.

(c) No employee shall act in his or her official capacity in any College matter in which the employee or an immediate family member of the employee has a direct or indirect financial interest that might reasonably be expected to impair the employee's objectivity or independence of judgment.

(d) No employee shall undertake any employment or engage in any business, transaction, service or professional activity, whether compensated or not, which might reasonably be expected to impair the employee's objectivity or independence of judgment in the exercise of his or her official duties to the College.

(e) No employee shall accept, directly or indirectly, any gift, favor, service, or other things of value under circumstances from which it might be reasonably inferred, or which the employee knows or has reason to believe, is offered for the purpose of influencing the discharge of his or her duties to the College.

(f) No employee shall knowingly create an impression or suspicion among the public that he or she may be engaged in conduct violating his or her trust as a public employee.

(g) No employee shall appear on behalf of a party not affiliated with the College, in any matter before the College or in a proceeding involving the College before other public agencies. Nothing contained herein shall preclude an employee from appearing on behalf of a student, employee, or employee organization of the College.

(h) No employee shall use, or allow to be used, his or her public office or employment, or any information not generally available to members of the public, which the employee receives in the course of or by reason of the employee's office or employment, to secure financial gain, unauthorized privileges, advantages or employment for himself or herself, his or her immediate family members, or others with whom the employee is associated.

(i) No employee shall engage in an amorous relationship with a student for whom the employee has a professional responsibility as a teacher, advisor, evaluator or supervisor.

(j) The primary work obligation of a full-time employee of the College is to the College.

4. Permissible Outside Employment
(a) This code of ethics shall not preclude outside employment undertaken by a full-time employee during his or her annual leave or vacation periods, provided that the outside employment does not constitute a conflict of interest.

(b) This code of ethics shall not preclude outside employment for service in the legislature or boards of county commissioners as defined in N.J.S.A. 18A:6-8.1 and 18A:6-8.2, provided the same is reported as required by section 5 of this code of ethics.

5. Reporting continuing outside employment
(a) A full-time employee of the College must complete the outside employment form within 30 days after assuming outside employment and submit it to the appropriate Cabinet member.

(b) All full-time employees of the College will annually complete the outside employment form prescribed by the College. The form shall contain the following:

(i) Name of full-time employee
(ii) The dates and hours the planned continuing outside employment will be performed
(iii) Name, address and telephone number of outside employer
(iv) Type of work to be performed
(v) Licenses or other governmental authorization necessary to perform the planned continuing outside employment
(c) Outside employment shall not:

(i) constitute a conflict of interest.
(ii) occur at a time when the employee is expected to perform his or her assigned duties.
(iii) diminish the employee's efficiency in performing his or her primary work obligation at the College.



Code of Ethic Pertaining to Conflicts of Interest for College Employees No. 803.1

Outside Employment Form Supplement 1, No. 803.1 

See Also:

Policy No. 845: Rule Violation

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