Texas AgriLife Research (AgriLife Research) recognizes that consulting and other outside employment are beneficial to faculty and to Texas A&M AgriLife (AgriLife). AgriLife Research encourages the involvement of its faculty in extramural activities that are consistent with their primary responsibilities and mission of AgriLife Research. AgriLife Research has a commitment to allow faculty members to make their expertise and services available to business, industry, government, professional societies and other appropriate entities to the extent that such outside services contribute to the professional development of the individual employee and to the improvement of education, leadership development, research and service programs.

At the same time, the primary mission of The Texas A&M University System (System) and AgriLife is to serve the needs of the people of the State of Texas through education, research and service. The priority of all full-time faculty is the accomplishment of the duties and responsibilities assigned to their position of employment within AgriLife.

This rule applies to consulting and outside employment of faculty members that is directly related to their academic and professional field or discipline. Outside employment and equity interests of faculty members that are not related to their academic and professional field or discipline and the outside employment of non-faculty employees are covered in other rules.

2.01 In System Regulation 31.05.01, Faculty Consulting, External Employment and Conflicts of Interest, the term "faculty" or "faculty member" is defined as an individual who carries a title of Distinguished Professor, Professor, Associate Professor, or Assistant Professor, and/or who serves in a teaching, research or extension position, the qualifications of which require doctoral degrees and/or credentials strictly equivalent to those held by tenured and tenure-track faculty within the same discipline. In addition to these titles, for the purpose of this rule, the term "faculty" or "faculty member" also includes employees who carry a title of: research assistant professor, research associate professor, research professor, assistant research scientist, associate research scientist, research scientist, resident director, and department head.

2.02 "Consulting" and "outside professional employment," as defined in System Regulation 31.05.01, includes professional activity where faculty are employed, work as contractors, or serve as directors, managers, or owners of companies engaged in activities related to their field or discipline. Certain activities that may involve honoraria, such as lecturing, presenting seminars, writing books and articles, reviewing proposals, and participating in radio and television programs, are not subject to this rule, unless they become unusually time consuming or otherwise adversely affect the employee’s performance.

Consulting and outside professional employment may be authorized only if approved in advance according to appropriate procedures and all other conditions listed in System Policy 31.05 (1), and related system regulations are met. In addition, this rule also requires the following:

3.01 Any potential conflict of interest situation with the U.S. Department of Agriculture or other federal agency must be disclosed (for a faculty member whose salary and/or support is funded from a federal source including formula funds, grants, contracts, or cooperative agreements).

3.02 The consulting or outside employment activity is not represented as having the endorsement or sponsorship of the System and/or, for federally-funded positions, the U.S. Department of Agriculture.

3.03 Consulting is judged by the faculty member’s unit head and the Director or designee to be of benefit to the professional development of the employee and AgriLife.

Consistent with System Policy, the use of "release time" [as defined in System Regulation 31.05.01 (1.1.3)] for consulting will be evaluated on a case-by-case basis consistent with System Regulation 31.05.01(4.2).

It is the responsibility of the employees who wish to consult or accept outside employment to submit their requests through normal administrative channels in sufficient time to be considered in a routine manner and to ensure it has been approved before actually consulting or leaving the workplace to consult.

Employees who consult and/or participate in outside employment activities prior to approval by the Director or designee are subject to disciplinary action according to System Regulations.

Requests for approval of consulting and outside employment shall be in writing in accordance with the following procedures:

5.01 Submit the completed "Request for Consulting and Outside Professional Employment for Faculty and Extension Agents" Form AG-406 in advance of the outside employment and/or consulting.

5.02 The faculty member agrees to furnish, upon request, additional details regarding the employment arrangement, including copies of any written agreements or contracts in which the employment/consulting offer is made.

5.03 Submit requests for approval through normal administrative channels to the Director or designee. Requests from joint employees must be approved by the appropriate officials of each member of the System where the individual is employed.

5.04 The original form will be returned to the applicant upon completion of the approval process. Copies of all applications/authorizations will be kept in the agency central files, in the employee's official personnel file, and sent to the department, center, or other unit.

5.05 The head of the department, center or other unit of the faculty member will keep a record of individual absences from the employee's official place of duty for outside employment or consulting activities. Approval for such absences must be requested in advance using the standard form for leave requests and attaching a copy of the approved "Request for Consulting and Outside Professional Employment."

If a faculty member holds a substantial interest or participation in a business entity having a contract with the System or a component, a potential conflict of interest situation may arise. Such situations must be disclosed to the Director according to System Regulation 31.05.01(5).