Overview

These guidelines communicate the institution’s standards and processes to UT Dallas employees and researchers for situations that involve soliciting and/or accepting gifts from external organization and persons. These guidelines compile the policy standards of UTDPP1100, UTDPP1101, UTDPP1102, UTDPP1029, and UTDBP3048.

These guidelines are applicable to all UT Dallas employees, including faculty, staff, and student employees who engage in research, foreign travel, purchasing and contract management, foreign collaborations, and serve as an executive officer for the university.

What is a Gift?

A gift is anything of value, including tickets to entertainment or sporting events, gift cards, sponsorship or reimbursement for travel expenses, equipment or materials, free use of services, and food.

Policy Guidance

There are two standards under Texas law governing gifts – (1) a general standard of conduct that applies to all employees and (2) a criminal standard that applies only to those persons who make recommendations or decisions about contracts and other financial transactions.

It is important to remember that even though the acceptance of a gift may not constitute a crime, it may appear to the public that a gift has influenced you in performing your job. You should not accept any gift that could appear to influence your official conduct, even if the gift is technically legal.

General Standard

Under the general standard, you should not accept or solicit any gift, favor, or service that might reasonably tend to influence you in the discharge of official duties or that you know or should know is being offered with the intent to influence official conduct. This standard applies even though the donor is not asking you to do something in exchange for the gift. Acceptance or solicitation of a gift in violation of this standard is not a criminal offense, but is grounds for discipline, including termination.

Purchasing Standard

Criminal penalties may apply to persons who make recommendations or decisions about the university’s financial transactions. If those are your job duties, you may not accept a gift from an individual or entity that is interested in or likely to become interested in that transaction, with limited exceptions. Under those exceptions, it is not a criminal offense to accept the following type of gift if the gift is not given in exchange for your official action (it is never lawful to accept a gift in exchange for official action):

• Non-cash items worth less than $50.
  
• A gift from a person such as a relative, friend, or business associate with whom you have a relationship independent of your official status, if the gift is given on account of that relationship rather than your official status.
  
• Food, lodging, transportation, or entertainment in any amount if you accept them as a “guest,” which means the donor must be present.

Note that even though you may accept a gift described above without committing a crime, acceptance of the gift may still violate the general standard of conduct and constitute grounds for discipline.

Student Loan Standard

Additional restrictions apply if the gift is from a student loan lender. The definition of “student loan lender” is very broad and covers entities that may not traditionally be thought of as student loan lenders. You should consult the UT System’s Office of General Counsel to determine if the proposed gift from the student loan lender is permissible under the Texas Higher Education Fair Lending Practices Agreement.

Prohibited Gifts

UT Dallas employees and researchers may not accept or solicit any gift, favor, or service that might reasonably tend to influence the person in the discharge of official duties or that they know or should know is being offered with the intent to influence their official conduct.

UT Dallas employees and researchers are prohibited from accepting gifts, both cash and in-kind, from foreign adversary entities and organizations.

Reporting Gifts to UT Dallas

Researchers must use the Activity and Interest Report form located in OAR to report gifts they receive valued at more than over $250. This does not include gifts received from: one’s parent, child, sibling, grandparent, or grandchild; one’s spouse or the spouse of anyone mentioned above; or the parent, child, sibling, grandparent, or grandchild of one’s spouse.

Employees and researchers are encouraged to report when they are approached by groups representing foreign adversary countries offering gifts, including travel, and any other situations that may violate university ethics policies or guidelines. Personnel should email coi@utdallas.edu with a description of the gift offer.