Annual Scholarly Capacity Disclosure FAQs

Q. Who has to complete the Annual Scholarly Capacity Disclosure Form?
All NJIT employees who serve in a scholarly capacity and who receive some type of benefit for activity performed in a scholarly capacity in the course of their NJIT employment.  

This form does not require the disclosure of outside activity (e.g. consulting), when that activity is not being performed on behalf of NJIT.  That will be separately disclosed on a different State-required form.

Q. What is the definition of Scholarly Capacity?
Scholarly capacity means any pedagogical, academic, artistic, educational or scholarly activity performed by an NIT employee for NJIT.

Q. What is meant by benefit?
Reasonable travel and subsistence expenditures, allowable entertainment expenses, honoraria, academic prizes or other things of value.

Q. What is a thing of value?
Includes, but is not limited to, compensation; money; a stock, bond, note or other investment in an entity; employment, offer of employment; gift; reward; honorarium; favor; goods, service; loan; forgiveness of indebtedness; gratuity; property or real property; labor; fee; commission; contribution; rebate or discount in the price of any thing of value; an automobile or other means of personal transportation; entertainment; meal; or any other thing of value offered to or solicited or accepted by an NJIT employee in connection with his/her NJIT position.

Q. Does grant salary need to be disclosed?
Any benefit received from NJIT, included grant funded benefits do not have to be disclosed.

Q. What are reasonable expenditures for travel and subsistence?
Reasonable expenditures means commercial travel rates directly to and from an event, and food and lodging expenses which are moderate and neither elaborate nor excessive.

Q. What are allowable entertainment expenses?
They are costs for a guest speaker, incidental music and other ancillary entertainment at any meal at an event, provided they are moderate and not elaborate or excessive; but do not include the costs of personal recreation, such as being a spectator at, or engaging in, sporting events, tickets to a play, etc.

Q. Do adjuncts have to complete the disclosure form?
Yes.  The State of New Jersey considers adjuncts Special State Employees and they are required to adhere to the Ethics Regulations.

Q. When does an adjunct need to disclose?
If the adjunct is performing an activity using his or her NJIT affiliation or representing NJIT, these activities must be disclosed.  If the adjunct is representing an outside entity, and not using his or her NJIT affiliation, these activities do not need to be disclosed.

Q. What needs to be included in the disclosure?
The scholarly activity performed, the benefit received, and the source that the benefit was received from.

Q. When is an NJIT employee permitted to accept travel, subsistence or entertainment expenses, honoraria, academic prizes, or other things of value?
An NJIT employee, serving in a scholarly capacity, may accept an honorarium, academic prize or other thing of value if the honorarium, academic prize or other thing of value reflects payment for orally or verbally sharing his/her intellectual property orally or in writing, acting in an editorial capacity for a journal or other publication, or reviewing journal or book manuscripts, or grants or contract proposals, participating in accreditation or other peer review activities, making presentations at seminars or conferences, or published works.

Q. What is considered published work?
Any tangible medium of expression, including, but not limited to, literary, pictorial, graphics and sculptural matter; textbooks; sound recordings; software.

Q. Is an NJIT employee always permitted to accept compensation for published work?
An NJIT employee acting in a scholarly capacity may require the use of his/her own published work in a course that he/she teaches. However, monies resulting from such use must be donated to the university or other nonprofit institution.  An NJIT employee acting in a scholarly capacity may accept compensation for the use of his/her published work in a course that he/she does not teach, provided that he/she was not involved in the selection of the published work for use in that course.

Q. When does the disclosure form have to be filed and for what period of time?
For the 2007 filing, the completed form must be returned to Jean Feeney, Ethics Liaison Officer by April 30, 2008.  The period of time for the 2007 disclosure is only November 19, 2007 through December 31, 2007.  However, next year’s filing will be due in January and will cover the complete 2008 calendar year.

Q. Where can I get a copy of the disclosure form?
Either by contacting the Jean Feeney at 4285 or downloading it from http://www.njit.edu/humanresources/employee-recources/forms.php

Q. Where should the completed forms be sent?
Electronically – ethics@njit.edu
Hardcopy - Jean E. Feeney, Ethics Liaison Officer
Fenster Hall, Suite 500

Q. What happens to these forms after the Ethics Liaison Officer has received them?
Copies of the forms will be forwarded to the State Ethics Commission at the end of each January.  

Q. Who should be contacted for questions regarding the Annual University Disclosure?
Jean E. Feeney, Ethics Liaison Officer, (973) 642-4285.

Q. Does the form need to be completed even if I have received no benefit during that time period?
Yes, you would only need to complete questions 1, 4, and 5.


The following represents scenarios of when disclosure is required
.

A physics professor, who has published extensively in the field of electromagnetism, has been invited, by the publisher of physics textbooks, to attend a symposium and make a presentation on electromagnetic force.  The publisher has offered to waive the costs of the symposium and pay for the professor's transportation, hotel, and meals during the symposium. In addition, each speaker will receive a $ 1,000 honorarium. At the conclusion of the symposium, the publisher has offered to send the professor on a golf retreat to thank the professor for her participation in the symposium.

Because the symposium is part of the professor's scholarly activities, she would be attending in her scholarly capacity and the honorarium reflects a payment for an oral presentation of her own intellectual property, the professor may accept the reasonable travel and subsistence expenses and the honorarium. However, the professor may not accept the golf retreat because the retreat is not an allowable entertainment expense.  Prior to attending the symposium, the professor must first obtain approval from her department head.  This would need to be disclosed.

A history professor has been asked by his department head to attend the dedication of a restored historic house museum and speak about the importance of maintaining New Jersey's historic resources. The professor has produced several films about New Jersey historic houses. The historic association has offered to provide the professor with a $300.00 honorarium for his attendance and speech.

The professor may attend the event and accept the honorarium since the professor is attending in his scholarly capacity, the event relates to his scholarly activities and the honorarium is essentially a payment for his oral presentation of his own intellectual property.  This would need to be disclosed.

An adjunct professor who is teaching an engineering course at NJIT has been asked to review a book manuscript entitled Nepotism in the Workplace.  The adjunct professor was asked to do this because his full-time job is that of Professor of Business Administration at ABC University and he is recognized as an expert in that field.  

Since the reason the adjunct professor was requested to perform this activity was due to his affiliation with ABC University, he would not be required to disclose this activity.

However, if the adjunct professor was asked to review a book manuscript entitled Engineering in 2008, and that invitation was extended because of his affiliation with NJIT, he would be required to complete the necessary forms and disclose this activity.