University of Kent

Policy on Confidentiality, disclosure of interest and personal benefit

Preamble

1. The University exists to further learning, research and scholarship and is committed to free expression, debate and the dissemination of knowledge. However in the conduct of its business there will be occasions when it is necessary for information to be treated as confidential at some level, either to protect an individual or to safeguard the strategic or corporate interests of the University. By the same token, the proper conduct of the business of the University depends on open and informed discussion.

2. In this context the Senate and the Council have agreed the following statement of policy in relation to the confidentiality of business within the University and the declaration of interest by staff and lay members of the Council.

Confidentiality

3. The formal business of the University conducted through Council and Senate and their Bodies and Committees is not confidential within the University unless specifically declared to be so by the Chair of the body concerned in order to protect the interests of an individual or those of the University in its relationship with some external body or agency. 

Papers relating to such Confidential business, including Minutes of its discussion, will be clearly marked as Confidential. Such papers and any reports of the discussion of Confidential business are not to be communicated outside the membership of the body concerned and the relevant administrative officers.

4. Material which is not declared to be Confidential may be freely discussed and circulated within the University but should not be regarded as being for release and discussion outside the University.

5. Some business is defined by Statute as being Reserved, i.e. it is not open to participation by student members of the body concerned. Reserved business will normally relate to individual members of staff or students and as such is not likely to be deemed Confidential. However, Confidential business is not in itself necessarily Reserved.

6. The University is committed to the free and open discussion of academic standards and related matters. No member of staff will be subject to disciplinary sanction for raising such matters for discussion, provided they do so lawfully, without malice and in the public interest.

Declaration of interest

7. There is a general duty on all members of staff and lay members of the University to disclose at the earliest possible stage any financial or other interest they may have in any transaction, or proposed transaction, between the University and a third party. The disclosure of such an interest should be made in writing to the Head of the member's School, Department or Unit, for members of staff, or to the Chair of the Council, for lay members and should also be returned annually to the Secretary of the Council who will maintain a register of declared interests.

8. (i) Members of staff and lay members must draw any declared interests to the attention of the Chair of any body in whose business they are participating when it is relevant to that business or when they are in any doubt that it might be relevant.

(ii) Members of staff and lay members must declare an interest to the Chair if in the course of the business of a meeting they become aware that they have or may have a financial or other beneficial interest in a specific item of business to be transacted at the meeting.

9. Disclosure of an interest does not replace the need for a member of staff to seek appropriate permission to undertake external work and consultancy according to the University's agreed procedures from time to time in force. Approved external work, including consultancies, should be disclosed as interests in accordance with paragraph 6 and 7 above.

Personal benefit

10. Members of staff and lay members must not use their office or employment for personal gain and should act at all times in good faith and in the interests of the University. Members of staff with responsibilities for purchasing goods or services for the University may not purchase or procure the same type of goods or services for personal benefit at a preferential cost by virtue of their employment.

11. Members of staff may not accept business gifts, other than items of very small intrinsic value such as diaries or calendars, except when not to do so would damage the business relationship and with the approval of their Head of Department or relevant senior officer.

12. Modest hospitality is an accepted courtesy of a business relationship. However, members of staff must not allow themselves to be in a position where it might appear that they had been influenced in making a business decision. The frequency and scale of hospitality accepted must not be significantly greater than the University would offer in return under Sections 11 of the Employee Expenses and Benefits Policy - this can be viewed at: http://www.kent.ac.uk/finance-staff/services/expenses.html

Breach of this policy

13. Breach of the provisions of this statement may, if established, lead to disciplinary action against members of staff or to action for removal from office for lay members.

7 December 1995 (updated 20.07.2009) (minor amendment 19.08.2010)

Karen Goffin
Secretary of the Council