Santa Clara University

(Faculty Handbook, Section 3.9.3)

Consulting is defined as professional activity related to a person's field or discipline in which a fee-for-service or equivalent relationship with a third party exists. This definition is intended to encompass many different kinds of activities. Whether one runs a private practice, operates as an independent contractor, works as a paid employee, or serves as a company director, one is acting as a consultant if one uses one's professional capabilities in return for some form of remuneration provided by a party other than the University.

Faculty members need not obtain prior approval for consulting as long as they meet their full-time obligations to the University and comply with the guidelines presented below. Exceptions to these guidelines must be approved in writing by both the appropriate Dean and the Academic Vice President.

The maximum amount of consulting permitted for full-time faculty members is one day per seven-day week during the period of employment specified in the Letter of Appointment. When consulting is done by the hour rather than the day, eight consulting hours equal one consulting day.

The one-day limit is prorated for regular faculty members who hold part-time appointments using the formula F + 6(1-F), where F is the fraction of full-time duty and 6 is the maximum number of days per week that are likely to be devoted to consulting during the period not covered by University work.

Faculty members whose period of appointment is the academic year are not subject to time limits on consulting during the summer recess unless they receive from the University a salary supplement calculated as a fraction of their base salary. If the supplement is less than 3/9 of base salary, the one-day limit applies only to the actual period of employment by the University.

Faculty members on sabbatical leave at full pay may consult up to one day per week. For those on sabbatical at less than full pay, the one-day limit is prorated according to the formula given above for part-time employment. Faculty members on leave without salary are not subject to time limits on consulting.

Averaging of consulting time within a single quarter is permitted at the discretion of the faculty member, but averaging across quarters requires prior written approval by the Dean. Quarters of less than full-time service may not be averaged with quarters of full-time service.

University resources -- including personnel, facilities, equipment, materials, and services -- shall not be used in connection with consulting except in a purely incidental way.

Except in cases where disclosure would violate professional privilege, every faculty member must describe his or her consulting activities upon request from the Dean or the Vice President for Academic Affairs. Requested information may include the names of companies or organizations for which the faculty member has consulted, the general nature of each consulting agreement, the number of days devoted to each consulting agreement, and any financial interest in the company or organization that might result in a conflict of interest with University responsibilities. No faculty member will be required to disclose actual income from consulting activities.

Several activities are specifically excluded from the scope of this policy:

Any question about whether an activity constitutes consulting under this policy should be resolved in advance with the appropriate Dean.