FAQs: Outside Professional Activities
What are the reporting obligations and limitations for Outside Professional Activities?
Outside Professional Activities, whether paid or unpaid or on leave, are activities that are within the faculty member’s area of professional, academic expertise. A conflict of commitment occurs when outside activities interfere with professional obligations to the University.
Time limit | The maximum time limit for full-time faculty to engage in outside professional activities is 384 hours or 48 days. |
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Earnings threshold | The maximum amount that may be earned is 40K or 40% of fiscal year base salary (scale 0), whichever is greater. Faculty must disclose annually all time spent and income generated from Category I and II activities. |
The Outside Activities Tracking System (OATS) is the system of record to document the following and obtain approval when required:
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Requests for prior approval to engage in Category I activities or for to involve a student in an outside professional activity.
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Requests for prior approval to engage in outside professional activities that may result in exceeding the annual time limit and/or the earnings threshold.
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All Category I and II activities in a given fiscal year: best practice is to enter OPAs as they occur and as any payments are received. OATS will help you keep a running total of annual earnings from and time spent on all outside professional activities.
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Requests for prior approval to exceed OPA time or earnings thresholds.
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Deposits into the Compensation Plan any income from OPAs that exceed the time or earnings thresholds.
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Disclosure of any current or prospective outside professional activity if in doubt as to whether there is a conflict of commitment.
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Submission of annual Outside Professional Activities reports.
What is the basis and definitions for the categories of Outside Professional Activities?
The University of California requires that faculty owe their primary allegiance to the University. Outside professional activities are categorized based on the extent to which a conflict of commitment is likely to arise.
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Category I activities must be approved in advance of the activity because they require significant professional commitment. These activities include outside teaching, research, or administration of a grant, employment outside the University, assuming a founding or co-founding role of a company or assuming an executive or managerial position outside the University.
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Category II activities are generally of shorter duration and include occasional service other than patient care, additional University compensated teaching, University continuing health education or self-supporting degree programs, testifying as an expert witness, consulting to for profit and non-profit entities and to governmental agencies.
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Category III activities are within the scope of University employment and even if compensated do not require annual disclosure and do not count towards the time limit or the earnings threshold. Category III activities include serving on a government or professional panel, or as an officer or board member or a professional society, reviewing manuscripts, acting as an editor, attending, and presenting talks at academic conferences and developing scholarly or creative works.
Note: Category III activities do not require disclosure, and income from these activities is retained by the faculty member.
Examples of Category I activities
- Chairman of the Board, and/or founder of a private company.
- Co-founder of a fee-for-service or biotech company.
- Faculty teaching and/or coordinating a course in a non-UC affiliated professional program or University.
- Holding an Adjunct or Visiting Professor appointment at a non-UC institution (paid or unpaid).
- Current or pending participation in, or application to, talent recruitment programs (specifically designed to recruit science and technology professionals or students) sponsored by a government agency of a nation other than the United States (“non-U.S. government”).
Examples of Category II activities
- Consultant and/or expert witness for a private legal firm.
- Scientific advisor or consultant for pharma, biotech firms, venture capitalist, publisher, health insurance company, non-profit academic institution.
- Member of /or consultant to the scientific advisory board of a private company.
All my consulting is on weekends, vacation, or holidays. Do I still need to report them?
Yes. Faculty are exempt employees (therefore not on a fixed work week) and all Category I and II professional activity counts towards the time limit and earnings threshold and must be reported (regardless of day of the week or time of day in which the activity occurred).
What if I’m not sure if my outside professional activity is allowed or required to be reported under the Health Sciences Compensation Plan?
If your activity is not listed above under the examples for Category I, II, or III OPAs, contact the Office of Academic Affairs at [email protected].
What should I do if I am offered stock, stock options, or other non-cash compensation in exchange for my professional services instead of cash?
You are required to disclose all non-cash compensation in exchange for Category I or II activities within 30 days of receipt and/or signing of grant offer notification, independent of any vesting dates. Failure to disclose may result in the loss of good standing and financial penalties to be paid to the compensation plan.