Areas of Particular Sensitivity

Honesty and Fairness

The University is engaged in varied business relationships with other organizations and individuals, and is the seller and buyer of goods and services. Many of you are therefore called upon during the course of your duties to represent the University in dealings with the outside organizations. Regardless of the identity of the individuals or organizations you deal with, you should always adhere to the following standards:

• Never make misrepresentations or dishonest statements intended to mislead or misinform. If it appears that anything you have said has been misunderstood, correct it promptly.
• Under the guidance of the Chief Audit, Compliance & Privacy Officer and the Office of Legal Management, respond accurately, completely and promptly to all requests for information from government regulatory agencies.
• Never use the University's success or size to intimidate or threaten another organization. Although you may cite legitimate advantages of doing business with the University, you must be careful not to engage in any activity that could be construed as coercive or threatening.
• Never disparage a competitor, its products or its services. Rather, stress in a fair and accurate manner the advantages of the University's products and services.
• No Rowan University trustee, officer, faculty or staff member shall accept any gifts, favors, services or other things of value under the circumstances from which it might be reasonably inferred that such gifts, services, or other thing of value was given or offered for the purpose of influencing him or her in the discharge of his or her duties. Please refer to policy on the Code of Ethics: General Conduct for further information.

Purchasing and Selling Goods and Services

In dealing with other organizations that are doing or that wish to do business with the University, employees are expected to be sensitive to potential unlawful behavior, such as the delivery or receipt of kickbacks (a payment in consideration for doing business with the other organization). You are expected to select the University's business partners solely on their merits in the best interest of the University and without regard to non-business-related considerations. The following examples illustrate the kinds of relationships with business partners that are prohibited:

• Personal financial involvement or ownership of a substantial interest (that has not been disclosed or approved in accordance with the University's Code of Conduct policy in organizations with whom the University does business, such as vendors, suppliers, agents, customers, contractors, licensees or sponsors;
• Accepting or giving personal payments, services or loans from or to such organizations;
• Ownership of property affected by the University's actions, or acquired as a result of the University's related confidential information; and the University is prohibited from entering into business with any individual or entity that is listed on the Office of Inspector General (OIG) exclusionary list or the General Services Administration (GSA) debarred list.
• Anything that would constitute improper or questionable behavior on the part of an employee is also unacceptable if engaged in through a third party, such as a spouse, family member, friend or any other person or entity with whom the employee is closely identified or in which he or she has any significant ownership or financial interest or position.

Accurate and Complete Records

Accurate records play a vital role in assuring the maintenance of high ethical standards. Accordingly, all of the University's transactions must be recorded accurately, completely and timely. Never make false or artificial entries in any of the University's records, never understate or overstate reports of sales or expenses, or alter any documents used to support those reports. All assets, and liabilities must be recorded in the University's regular books of accounts.

Compliance with Antitrust Laws

The federal government and most state governments have enacted antitrust or similar laws designed to ensure that the market for goods and services operates competitively and efficiently. Violations of the antitrust laws can lead not only to substantial civil liability, but are often deemed to be criminal acts that can result in felony convictions. The following are examples of activities that are prohibited under the antitrust laws:

• Agreements with competitors to control or fix prices or conditions of sale;
• Agreements with competitors to allocate products, markets or territories or not to solicit business from each other’s customers;
• Agreements with competitors to boycott certain customers or suppliers;
• Agreements with competitors to refrain from the sale or marketing of, or limit the supply of, particular products;
• Reciprocal purchase agreements, whereby the purchase of a product is conditioned upon the seller’s agreement to buy product from the other party; or tie-ins, whereby the seller requires a buyer to purchase one product in order to obtain the product it wants; and
• Discriminating among purchasers of the University's products by offering, without any valid business justifications, different terms.

Participation in trade associations and professional organizations, as well as informal contacts with the University's competitors, may serve useful, legitimate purposes – for example, the exchange of information about governmental regulations. To the extent that you have occasions to speak with representatives of competitors in any area of the University’s business, however, you must be certain never to discuss matters such as the University's or any competitor’s prices or other terms of sale, costs, inventories, product plans or marketing strategies. If a competitor begins to talk about any of these matters, you must object and not participate. If the discussion continues, you must remove yourself from the conversation.

Labor and Employee Relations Matters

In the conduct of its business, the University deals with a number of labor unions. It is the University’s policy to comply fully with all applicable wage and hour laws and other statutes regulating the employer-employee relationship and the workplace environment. Under federal and state law, it is illegal for the University or the University employee to pay to or receive any money or other thing of value from any labor organization that represents the University employees. No University employee may interfere with or retaliate against another employee who seeks to invoke his or her rights under those laws. If you have any questions about the laws governing labor and employee relations’ matters, please contact Human Resources – Employee Relations or the Office of Legal Management.

Discrimination

The University is committed to a work environment in which all individuals are treated with respect and dignity. Each person has the right to work in a professional atmosphere that promotes equal opportunities and prohibits discriminatory practices, including sexual harassment. Discrimination or harassment, whether based on race, color, religion, gender, national origin, age, disability or sexual orientation, regardless of whether it occurs at the office or in outside University sponsored settings, is unacceptable and will not be tolerated. If you have any questions, please consult University policies or contact the Office of Legal Management, or the Chief Audit, Compliance & Privacy Office.

Environmental

In the course of the University operations, hazardous wastes and materials are sometimes generated. The University is financially and legally responsible for the proper handling and disposal of these materials. Environmental responsibility is also an important component of our duty to the public and our good reputation. It is essential that everyone at the University who deals with hazardous materials or pollutants complies with federal and state environmental laws and regulations, and follows the University policies. Employees are also expected to ensure that the University:

• complies with all laws and regulations governing the handling, storage and use of hazardous materials and other pollutants;
• hires only reputable licensed services to transport and dispose of hazardous and polluted materials; and
• accurately maintains the records required by the environmental laws and regulations, including those that require precise description of the amount, concentration and make-up of hazardous materials or other regulated pollutants that are used, stored, discharged or generated; and the time, place of origin, destination and transporter of hazardous materials. None of these records may be destroyed without the knowledge and permission of the Chief Audit, Compliance & Privacy Officer, the or the Office of Legal Management.

No one at the University may participate in concealing improper discharge of disposal of hazardous materials or pollutants. Any employee who has reason to believe that there have been violations of this or any other aspect of the University's environmental compliance procedures should report immediately to the Chief Audit, Compliance & Privacy Officer, who will in turn notify appropriate government agencies as required by law. Before proceeding to act on any instruction of questionable propriety, or take any environment-related action they are unsure about, employees are expected to discuss their questions with the Chief Audit, Compliance & Privacy Officer. The consequences of environmental violation is very serious.

Occupational Safety and Health

The University is committed to providing a safe workplace for all employees. In addition, several laws and regulations impose responsibility on the University to prevent safety and health hazards. For that reason, and to protect their own safety and the safety of other employees, employees are required to follow all safety instructions and procedures. This description of sensitive issues is obviously not a complete list of possible unlawful acts. It should not be interpreted as condoning, by implication or otherwise, any other illegal or unethical conduct. If any employee is ever in doubt as to what is required under the law or this compliance plan, he or she should speak with the Chief Audit, Compliance & Privacy Officer, the Office of Legal Management or any of the people designated to assist in administering this plan.