Conflict of Interest Policy

Policy on Conflict of Interest for Board Members

As advisors to the Ontario Government, the Chair and members of the Postsecondary Education Quality Assessment Board must adhere to the conflict of interest guidelines established by the government. In addition, Management Board guidelines for public appointees state that:

"government appointee shall not use information obtained as a result of his or her appointment for personal benefit."

Members of the Postsecondary Education Quality Assessment Board are expected to avoid conflicts or the appearance of conflicts between their duties as a public appointee and their personal or business interests.

Definition of Conflict of Interest

An actual or potential conflict of interest arises when a member is placed in a situation in which his or her personal interests, financial or otherwise, or the interests of an immediate family member or of a person with whom there exists, or has recently existed, an intimate relationship, conflict or appear to conflict with the member's responsibilities to the Board, the Minister, and the public interest. No Board member shall knowingly participate in any decision that directly or preferentially benefits the member or any individual with whom the member has an immediate family, intimate or commercial relationship.

Disclosure of Conflict of Interest

Should any member of the Board have any interest in a proposal by virtue of a past or current connection to either the applicant institution or private sector partner, that member will declare such interest to the Chair in writing prior to any discussion or decision-making with respect to an application. To assist in determining whether a potential conflict exists, a Board member shall make full disclosure to the Chair in writing of any past affiliation with an applicant as soon as the member knows the applicant's identity.

Board Response to Conflict of Interest Disclosure

In consultation with the Board member, and in the light of the specific nature of the conflict, the Chair and member may determine the appropriate response to the circumstance, as follows:

• the member must withdraw from any discussion or decision-making process leading to a recommendation on the proposal; or
• the member may remain in the meeting and participate in the discussion but refrain from voting; or
• the member may remain in the meeting and participate in the discussion and in the voting.

In all cases the Chair will advise Board members of the conflict and of the outcome above, with reasons.

Should the Chair of the Board have any interest in a proposal by virtue of connection to either the applicant institution or private sector partner, the Chair will either (a) withdraw from any discussion or decision-making process leading to a recommendation on the proposal, or (b) ask the Board to decide whether the Chair may remain in the meeting, participate in the discussion while refraining from voting, or remain in the meeting, participate in the discussion and in the voting.

Policy on Conflict of Interest for Assessors and Applicants

This guideline is intended for Organization Reviewers, Quality Assessors and any other expert assessor selected by the Board, and for Applicants wishing to declare a conflict of interest with an individual appointed by the Board.

Individuals appointed in these capacities must possess the qualifications to engender the confidence of the Board, the Minister, Applicants, the public, accrediting bodies, other degree-granting institutions and other jurisdictions.

External experts must not reveal or divulge confidential information received in the course of their duties. Confidential information must not be used for any purpose outside the Board's mandate, and external experts must not make public comments concerning any application.

Expert assessors are expected to avoid conflicts of interest or the appearance of conflict of interest between their duties as an expert assessor and their personal or business interests. An actual or potential conflict of interest arises when an individual is placed in a situation in which his or her interests and experience appear to conflict with his or her responsibilities to the Board, the Minister and the public interest.

Definition of Conflict of Interest

External experts appointed by the Board should not have any connection to the applicant or program partner(s) under review within the previous five years, or for a period of up to six months following the completion of their duties in connection with the assessment/review process. Some examples of an unacceptable connection include:
o Preparing or providing expert advice used in developing the application for consent;
o Making public comment for or against an application or institution that might result in the apprehension of bias;
o Currently or previously employed by the institution;
o Being a student or graduate of the institution;
o Working as a consultant for the institution;
o Serving in an advisory capacity or on a board or committee at the institution;
o Having financial or other business interests with the institution;
o Supervising students or employees of the institution;
o Collaborating regularly with the institution; and/or,
o Teaching at the institution.

The Board notes that employment or previous employment at a competitive or potentially competitive institution does not, in and of itself, constitute a conflict of interest.

Expert assessors who have any interest in a proposal by virtue of a past or current connection, or who make public statements about an application under consideration must decline acceptance as an assessor, or withdraw from an assessment/review panel. The Board considers individuals who make public statements or who participate in the preparation of public statements concerning the Applicant and/or any aspect of an application for consent, before or during an assessment, to be in a conflict of interest by reason of a potential apprehension of bias.

Disclosing a Conflict of Interest

To assist in determining whether a potential conflict exists, all expert assessors shall make full disclosure to the Board of any potential conflict of interest, within the terms of this policy, with an Applicant as soon as the individual knows the Applicant's identity. Similarly, if an Applicant has evidence of a conflict of interest between itself and an individual appointed by the Board, then the Board will require the Applicant to make full written disclosure to the Board through the Secretariat, as soon as the Applicant knows the Assessor's identity. In its disclosure to the Board, the Applicant must state clearly the nature and details of any past affiliation of a nature described in these guidelines between the Applicant and the individual.

In accordance with these guidelines, the Board will exercise its discretion in determining whether an actual or potential conflict of interest exists and notify the parties accordingly. The Board cannot act on orally communicated information, or information that is not received in a timely manner. The Board is not responsible for any delay to the Board's assessment process that may result.

Policy last updated September 15, 2009