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OFFICE OF THE REGISTRAR - University of Technology_ Mauritius

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OFFICE OF THE REGISTRAR - University of Technology_ Mauritius Powered By Docstoc
					                                                                                                La Tour Koenig
                                                                                                Pointe-aux-Sables
                                                                                                Republic of Mauritius
                                                                                                Tel: (230) 234 7624
                                                                                                Fax: (230) 234 6727




                         POLICY ON CONSULTANCY WORK

   Introduction

           The University of Technology, Mauritius has the determination to become one of the
   leading tertiary education institutions of the region. Consultancies can provide opportunities
   that contribute to the general reputation, corporate image and community recognition of
   UTM. They also hold the potential for staff to increase their remuneration and the resources
   of their respective Schools and to deliver improved teaching, research and consulting
   capabilities. In recognition of the fact that consultancies can bring financial and other rewards
   to the institution and its staff, UTM is seeking to encourage consultancy within a proposed
   framework.

          The direct benefits arising from consultancy are considered to include:

         Forging links between the University and outside bodies which may subsequently
          help the University obtain research contracts and many other similar benefits

         Attracting and retaining high quality staff, particularly in some professional areas

         Enhancement of the status and prestige of the University in the community.

         Increasing the professional skills of University staff by involving them in ‘real world’
          problems, thus enhancing their teaching and research.

         Generating additional funds for the staff involved, for their Schools and for the
          University - a properly priced consultancy contract should be rewarding in monetary
          terms.

         Enhancement of staff training and career development.

           The UTM consultancy policy outlines the requirements for the different forms of
   consultancy so that both the university and its staff may understand what is required in the
   conduct of consultancy. The policy will enable the university’s contribution to industry and
   the public sector to be enhanced, while at the same time ensuring high quality outputs and
   sufficient protection for the University and its staff from the professional hazards (see list in
   Appendix A, p.8) associated with undertaking consultancies. The Professional Indemnity,
   when arranged by the staff member for a University Consultancy, will need to take such
   hazards into account.




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PCW-P-v 1.0

                Director General – Professor P S Coupe BSc(Eng) ACGI PhD (Cantab) CEng FICE PrEng MSAICE
                                                                                                 La Tour Koenig
                                                                                                 Pointe-aux-Sables
                                                                                                 Republic of Mauritius
                                                                                                 Tel: (230) 234 7624
                                                                                                 Fax: (230) 234 6727




   Objectives of UTM consultancy policy

         Encourage staff participation in professional and consultative work that bring
          opportunities and benefits to the University, its staff and clients,
         Provide significant financial incentives to encourage University employees to
          undertake consultancy activity,
         Provide a flexible management framework to cover the range of professional and
          consultative work customarily undertaken by members of the University using the
          University's resources, including those directed toward charitable purposes and
          community service,
         Ensure an appropriate return to the University for the deployment of its resources
          and
         Define the University's management and quality control philosophy for professional
          and consultative work that involve the University.

   Definitions

           Consultancy can be defined as the provision of expert advice or services to an
   external party, which draws upon and applies the expertise of members of staff, for a fee or
   other non-monetary consideration. It is unlike research in that it does not have as its prime
   purpose the generation of new knowledge.

           It is not intended to include within consultancy those activities, paid or unpaid, which
   are in furtherance of scholarship or general dissemination of knowledge, such as:-

          Authorship
          Occasional paid lecturing or teaching
          Editorship of an academic journal
          Book reviewing
          Occasional broadcasting/interviews
          Professional art performance

          These activities are not therefore covered by these guidelines.

   Types of Consultancies

          The University recognises three types of consultancies:

   1.     Community Service Consultancy
   2.     University Consultancy and
   3.     Private Consultancy (External work)

   which can be undertaken within the Republic of Mauritius.

PCW-P-v 1.0                                                                                                    Page 2 of 8


                 Director General – Professor P S Coupe BSc(Eng) ACGI PhD (Cantab) CEng FICE PrEng MSAICE
                                                                                                La Tour Koenig
                                                                                                Pointe-aux-Sables
                                                                                                Republic of Mauritius
                                                                                                Tel: (230) 234 7624
                                                                                                Fax: (230) 234 6727




   1.     Community Service Consultancy

           Community service consultancy refers to consultancy that is normally undertaken on a
   pro bono basis for charity, community service or public purpose by staff members in their
   capacity as University employees or using University resources.
           Typical examples of Community Service Consultancy are lectures and tutorials for a
   non-profit community organisation or registered charity; strategic planning or design of
   attitudinal surveys for community groups; examination of theses; commissioned creative
   works or performances; consultancy services for a hospital or accounting firm in exchange
   for providing student placements or internships. Activities such as Staff Members serving on
   Boards are also considered as Community Service Consultancy.

   2.     University Consultancy

            University consultancy includes all professional activity requiring the use of any of
   the following, together with time scales: the university’s name, services, staff, space,
   facilities, equipment, intellectual property and/or paid work-time, excepting any activity that
   may be classified as Research and Development and activities related to award programmes
   at UTM. University consultancy involves the provision of professional services and products
   by Staff Members to external parties for remuneration or other consideration. Typical
   examples of university-based consultancy include: standard data analysis; routine surveys,
   including market or opinion surveys; quality control; field trials; lecturing for a fee outside
   the normal course of duties; lecturing for fee-paying Non-Award programmes (e.g. Executive
   Development Programme); reporting; the provision of professional advice; and the provision
   of products and services such as software designs.

   3.     Private Consultancy

          Private consultancy is undertaken by a staff member in their private capacity for
   personal remuneration or other consideration through a directorship, partnership, private
   company, trust, or other similar vehicle. While Private Consultancies are not to be associated
   with the University in any way, these guidelines cover their conduct so as to ensure the
   University and its staff members are adequately protected from the various commercial and
   personal risks associated with Private Consultancies. Most importantly, Private Consultancies
   must not conflict with the interests of the University and with a Private Consultancy staff will
   not be covered by Professional Indemnity, which staff will arrange for a University
   Consultancy.




                                                                                                              Page 3 of 8



PCW-P-v 1.0

                Director General – Professor P S Coupe BSc(Eng) ACGI PhD (Cantab) CEng FICE PrEng MSAICE
                                                                                                La Tour Koenig
                                                                                                Pointe-aux-Sables
                                                                                                Republic of Mauritius
                                                                                                Tel: (230) 234 7624
                                                                                                Fax: (230) 234 6727




                            PROCEDURES FOR GAINING APPROVAL FOR

                                         CONSULTANCY ACTIVITIES:

   1.     Community Service Consultancy

            Staff members can obtain approval from the Head of School to undertake Community
   Service Consultancy using a standard pro forma. Proposed variations or alterations to the
   approved activities should also be made using the standard pro forma. All approvals must be
   obtained prior to the activity being undertaken. In the instance of a need to conduct an
   unforeseen Community Service Consultancy for which it is not possible to obtain written
   approval, staff should contact the Head of School for verbal approval to undertake the
   community service. This should be followed up by approval using the pro-forma at the
   earliest possible opportunity. The signed pro-forma will be copied to the Director General
   and Registrar for information.

   2.     University Consultancy

          University consultancies should normally meet one or more of the following
   conditions:

   1.     The work is conducted within the time allocation allowed by the University for this
          purpose.
   2.     The work utilises University resources and/or facilities.
   3.     The work has been obtained as a consequence of the reputation of the University and
          the individual's affiliation with and skills/knowledge demonstrated at the University.

          UTM encourages staff to undertake University Consultancies and the approval
   process recognises the fact that some consultancies are small, represent a low risk and that the
   process time from client contact to completion is often very short.

   University Consultancies under Rs200,000

          Staff members will apply for approval using a standard pro forma to the Head of
   School before undertaking such consultancies. The signed pro-forma will be copied to the
   Director General and Registrar for information.

   University Consultancies over Rs200,000

      Staff members will apply for approval in writing on the standard pro forma to the Head of
   School before undertaking such consultancies. The signed pro-forma will be submitted to the
   Director General and Registrar for approval.



                                                                                                              Page 4 of 8

PCW-P-v 1.0

                Director General – Professor P S Coupe BSc(Eng) ACGI PhD (Cantab) CEng FICE PrEng MSAICE
                                                                                                  La Tour Koenig
                                                                                                  Pointe-aux-Sables
                                                                                                  Republic of Mauritius
                                                                                                  Tel: (230) 234 7624
                                                                                                  Fax: (230) 234 6727




   3.        Private Consultancy

          This term is used to describe consultancy which is carried out independently of the
   University but by a member of University staff. It does not go through University channels
   and the consultant takes 100% of the fee.

             Private consultancy may only be carried out by University staff when the following
   apply:-

            The work is entirely private, with no use of University or School time or facilities, in
             particular no use of University premises, staff, facilities, space, resources or
             infrastructure including IT infrastructure (email address/internet access), title,
             letterhead, crest, business cards or any of its corporate systems, notepaper or
             telephones and can have no adverse effect on the performance of University duties.

            The staff member must submit a pro-forma to the Head of School confirming that the
             client is aware that the work is being accepted in a private capacity and that no
             responsibility can fall upon the university. The pro-forma will be copied to the
             Director General and Registrar for information. The Head of School will impose,
             where necessary, a limit on the amount of private consultancy being carried out by a
             staff member during any academic year.

            The pro forma will state that the work will be undertaken in the individual’s own
             time, outside working hours.


          Staff undertaking private consultancy will not be covered by the University’s
   insurance policies whilst working in a private capacity and must not hold themselves to be
   working for or on behalf of the University.




                                                                                                                Page 5 of 8




PCW-P-v 1.0

                  Director General – Professor P S Coupe BSc(Eng) ACGI PhD (Cantab) CEng FICE PrEng MSAICE
                                                                                                La Tour Koenig
                                                                                                Pointe-aux-Sables
                                                                                                Republic of Mauritius
                                                                                                Tel: (230) 234 7624
                                                                                                Fax: (230) 234 6727




                        OPERATION OF CONSULTANCY ACTIVITIES

   Time Commitments for University Consultancies

           All University staff have many demands upon their time. A balance must be struck
   which permits reasonable staff time to be devoted to consultancy, while ensuring that the
   amount is not so great that teaching, research and management roles suffer, or that colleagues
   are put under pressure to cover the work of those involved.

          Commitments should usually be limited to 30 staff days per year, although the
   individual Schools should have the final decision on the specific limit within their area.

   Fees for University Consultancies

           Consultancies should be priced at market rates to ensure that all costs will be
   recovered and wherever possible there is an element of surplus. Consultancy work will be
   priced by the competition and market conditions in the sector involved and should be well
   above the full costs of the activity if undertaken. As a general guideline, it should be expected
   that the price of a contract will not be less than the equivalent of double the gross staff time
   plus other direct costs and a contribution to overheads.

          Asking for a lower rate will not necessarily help win the job. Instead the client, who
   may be well used to paying these rates, may simply question the value of the service offered.
   The fees will be set by the individual or principal coordinator of the project.


   Division of Income for University Consultancies

          Consultancy contracts are usually allocated on the basis of three factors:-

      The reputation and facilities of the University
      The reputation and facilities of the School
      The reputation, expertise and effort in acquiring the work of the individual member of
       staff.

          The relative input will differ in each case but usually all three bring some contribution
   to the winning or carrying out of the work.

          Members of staff carrying out consultancy work are encouraged to recognise the
   contribution made by the first two and to recognise that compensation must be made for that
   contribution. The first call on any consultancy income must therefore be for reimbursement
   of direct costs, such as administrative staff, materials and equipment both in the School and
   in the University.


PCW-P-v 1.0                                                                                                   Page 6 of 8

                Director General – Professor P S Coupe BSc(Eng) ACGI PhD (Cantab) CEng FICE PrEng MSAICE
                                                                                                  La Tour Koenig
                                                                                                  Pointe-aux-Sables
                                                                                                  Republic of Mauritius
                                                                                                  Tel: (230) 234 7624
                                                                                                  Fax: (230) 234 6727




          In line with practices prevailing in other universities, irrespective of the value of the
          consultancy work, the average reimbursement to the principal coordinator including
          other resource persons will be 60% of the proceeds remaining after reimbursement of
          full direct costs, with the remainder being retained by the School and the University in
          recognition of the infrastructure support provided. The School will get 10% and the
          University 30% of the remainder.

   University Professional Indemnity Insurance and IPR Issues for University
   Consultancies

           Any contract bears the risks that the client may be dissatisfied or that the advice given
   may create a liability through alleged negligence. In research contracts, the University simply
   undertakes to carry out research and report on the results. In consultancy, clients are often
   more demanding, wanting the best advice and requiring that it be correct as far as possible. If
   the clients are dissatisfied, they may not only refuse to pay, but may also sue the consultant
   and the University for damages. It is also critical to ensure that carrying out a contract does
   not result in infringement of Intellectual Property Rights of third parties. Such risks must be
   covered by obtaining University Professional Indemnity Insurance in advance for each
   University Consultancy request for approval, indicating:

          (i)       the maximum cover applicable to the value of the work being undertaken;
          (ii)      the period of cover of the insurance;
   and    (iii)     its applicability within the Republic of Mauritius.


   Conclusion

          Consultancy is a complex area, which needs to be addressed in a formal manner and
   should be recognised by Heads of School as an important contribution to staff development
   and to UTM. However, the University recognises that consultancy can also bring financial
   and intellectual rewards to the individual and the institution. Procedures are therefore
   required which effectively monitor and manage the portfolio of consultancy assignments
   which are anticipated. The Policy therefore highlights the following:

         Protection of the name and reputation of the University
         The fair and equitable division of proceeds to provide reward and incentives to the
          individual, the School and University.
         Private Consultancy is entirely the responsibility of the individual concerned and any
          unauthorised or unjustified use of University facilities will not be allowed.
         Insurance coverage within the Republic of Mauritius
         Time.


                                                                                                                Page 7 of 8



PCW-P-v 1.0

                  Director General – Professor P S Coupe BSc(Eng) ACGI PhD (Cantab) CEng FICE PrEng MSAICE
                                                                                                La Tour Koenig
                                                                                                Pointe-aux-Sables
                                                                                                Republic of Mauritius
                                                                                                Tel: (230) 234 7624
                                                                                                Fax: (230) 234 6727




                                                                                                           Appendix A

   List of Professional hazards (Please note that this list is not exhaustive)

   1.     Commercial hazards e.g. loss of institutional Intellectual Property or use of resources
          without adequate return (which may have a damaging effect on other institutional
          activities, including student learning and research developments).


   2.     Financial hazards e.g. inappropriate use of public funds dedicated for teaching and
          research, exposure to audit or other investigation, unplanned tax liabilities.


   3.     Market hazards e.g. poorly-managed or delivered consultancy or other work having
          an adverse impact on the reputation or income of the institution.


   4.      Legal risk e.g. potential legal liabilities arising in an unforeseen way from the
          activities of staff, through unintended plagiarism, violation of Intellectual Property
          Rights or disagreement on professional reports.


   5.     Risk to the University’s reputation and/or independence.




                                                                                                              Page 8 of 8




PCW-P-v 1.0

                Director General – Professor P S Coupe BSc(Eng) ACGI PhD (Cantab) CEng FICE PrEng MSAICE

				
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