Preamble

KATI believes that success is predicated on the fact that we provide a safe, trustful and productive learning environment, and that everyone works in the interests of the Institute and students, avoiding situations where their personal interests conflict with or contradict the interests of the Institute.

Definition

A conflict of interest occurs where a personal interest of an individual is so related to the exercise of a duty owed to another individual, a company or other public institutions that a reasonably well-informed person would conclude that the interest might influence the exercise of that duty.

For example, conflicts of interest may arise when directors, faculty or staff:

• use their position or access to the Institute for personal gain in a manner that leaves the Institute at a loss;
• provide preferential treatment to other employees/co-workers/students due to any personal relationships with them; or
• receive special treatment and/or remuneration that will affect their contacted responsibility, obligations and/or objectivity with reference to the work they do with KATI, its staff and students.

The best form of prevention is to be proactive and to determine in advance if a conflict may exist. If a Board member or an employee believes that they could be in a possible conflict of interest, they should bring this to the attention of the Executive Director or Chair of the Board.

Any Director aware that a matter before the Board conflicts or could conflict with their personal interest must declare that conflict to the Board and will exclude themselves from the decision-making process related to the matter. No more than two KATI employees may act as Board Directors at any given time.

Policy

• All Board and staff members should make every effort to avoid conflicts of interest.
• All Board and staff members or contractors engaged in an Institute activity have the obligation to manage or avoid ethical, legal, financial or other conflicts of interest and to ensure that their activities and interests do not conflict with their obligations to the Institute.
• If a Board or staff member or contractor believes that there may be a perceived or real conflict of interest they should bring this to the attention of their immediate supervisor or the Institute Executive Director.
• Any Board Director aware that a matter before the Board conflicts or could conflict with their personal interest must declare that conflict to the Board and will exclude themselves from the decision-making process related to the matter.
• No more than two Institute employees may act as Board Directors at any given time.
• If a possible undeclared conflict of interest is discovered, disciplinary action may follow up to and including removal or could end in termination.
• The Institute will respond in a timely manner to a request for conflict of interest mitigation and/or will protect itself, or any person or third party involved in a conflict.
• A written record will be kept that will describe the nature of the conflict, discussions held, mitigation exercised and outcome.

Procedure

Disclosure

• All Institute staff will disclose, in writing, to their immediate supervisor, the nature and extent of their perceived conflict of interest or financial interest in any contract or transaction with the Institute; and
• All Institute staff members will disclose, in writing, to their supervisor the fact, nature, and extent of any conflict, which may exist, or might be created, as a result of the staff member's holding any public office.

Informal Resolution

Following the declaration of a conflict of interest, the Institute, after consultation with the staff member, shall either:

• Remove the staff member from the conflict of interest situation;
• Remove the conflict of interest in another manner; or
• Determine that while a conflict of interest exists, it is to the Institute's advantage to continue or enter into any proposed transactions.

Following a declaration of conflict of interest by a Board member the Chair of the Board will address and determine the outcome, if the conflict is declared by the Chair of the Board and the nature of the circumstance is deemed to be serious then the Board will refer the matter to Institute Counsel.

Formal Resolution

Where a staff member is believed to be in a conflict of interest, or where there is a disagreement as to whether or not a conflict of interest might exist, a formal written complaint shall be submitted in writing to the Executive Director for consideration and resolution.

It is the responsibility of the Institute to:

• respond in a timely manner to requests for advice from a staff member of the Institute as to whether a potential or actual conflict of interest exists or may exist and/or how it might be best managed.
• consider any instances where a potential or actual conflict of interest may exist and to take appropriate measures to protect the Institute and the member of the Institute community involved.
• consider the submission and advise on how the potential conflict can be managed.
• keep a signed declaration form on file so that there is a written record that the conflict was reported and how the conflict was addressed. A copy will be kept in the staff members file and a copy will be sent to the Executive Director.

If a possible undeclared conflict of interest is discovered, disciplinary action may follow.