REPORT TITLE:
UH


DESCRIPTION:
Gives University of Hawaii faculty and management greater
flexibility in pursuing consultative, entrepreneurial, or
economic development activities.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.430        
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
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                   A  BILL  FOR  AN  ACT

RELATING TO STANDARDS OF CONDUCT.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 84, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "�84-    University of Hawaii.  Nothing in this chapter
 
 5 shall be construed to prohibit faculty or management of the
 
 6 University of Hawaii from undertaking or facilitating
 
 7 consultative, entrepreneurial, or economic development activities
 
 8 that are consistent with university policy or collective
 
 9 bargaining agreements, and are consistent with the public
 
10 interest in preserving the fairness, accuracy, reliability, and
 
11 trustworthiness of the education and research conducted by the
 
12 university, even if the activities result in economic gain to the
 
13 faculty or management, involve non-cost or reimbursed use of
 
14 state facilities, involve the use of state titles, or involve
 
15 disclosed conflicts of interest.  The state ethics commission
 
16 shall accord a presumption of validity to faculty consultative,
 
17 entrepreneurial, or economic development activities, provided
 
18 that the activities and each faculty member's interest are
 
19 accurately described in prior and annual disclosures, which shall
 

 
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 1 be matters of public record, made to the president of the
 
 2 university or the president's designee and affected academic
 
 3 departments, and university policies and applicable collective
 
 4 bargaining agreements contain provisions governing review and
 
 5 correction of activities inconsistent with generally accepted
 
 6 standards of academic ethics.  Activities not disclosed or
 
 7 otherwise not subject to effective university review shall not be
 
 8 accorded a presumption of validity.  The presumption of validity
 
 9 may be rebutted by clear and convincing evidence that the
 
10 activity was not accurately described or was disclosed so as to
 
11 prevent review, university review was incapable of identifying
 
12 serious breaches of academic protocol, activity in question had
 
13 no reasonable likelihood of resulting in improvements to the
 
14 state economy, or the public interest in the fairness, accuracy,
 
15 reliability, and trustworthiness of the education and research
 
16 conducted by the university was materially compromised.  The
 
17 state ethics commission shall consider university efforts at
 
18 economic development to be a legitimate academic service function
 
19 that is encouraged by the legislature in the public interest, and
 
20 that the regents of the university are primarily responsible for
 
21 ensuring that university activities conform to generally accepted
 
22 standards of academic ethics."
 
23      SECTION 2.  New statutory material is underscored.
 

 
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                                     H.B. NO.430        
                                                        
                                                        

 
 1      SECTION 3.  This Act shall take effect upon its approval.
 
 2 
 
 3                           INTRODUCED BY:  _______________________