Playing for Both Teams at Once
A Compliance Case Study
The People:
Dr. Greg Normandy – A term faculty member in VCU’s School of the Arts
Dr. Anika Patel – Department Chair, School of the Arts
Dr. Erin Feeney – Dean, School of the Arts
The Setting:
Dr. Patel’s office in the School of the Arts.
The Event:
Dr. Erin Feeney was sitting across from Dr. Anika Patel, and while they were in armchairs and enjoying mugs of coffee, this was far from a pleasant conversation. “From what I can tell,” began Dr. Patel, “he’s been teaching for the Governor’s School for a while.”
“At the same time he was under contract with us…,” added Dr. Feeney.
“Yes. At the same time he was under contract with us. Here’s a picture from the Governor’s School website; he’s listed as the Fine Arts Department chair. If he’s their chair, he’s been there for a while. And how long has he been teaching for VCU?”
“He just completed his third year as a term faculty member. This only came up when he applied for tenure and someone on the Promotion and Tenure Committee Googled him,” said Dr. Feeney.
“Why’d they do that?’ asked Dr. Patel.
“Well,” ventured Dr. Feeney, “apparently, some eyebrows were raised when he applied for tenure because he never seems to be on campus.”
“So, when he gets here, we need to ask him to explain,” said Dr. Patel. A knock on the door announced the arrival of Dr. Greg Normandy. After sitting down, he said, “So, I guess this is in reference to my application for tenure?” Drs. Patel and Feeney exchanged glances.
“As a matter of fact, it is,” began Dr. Patel. “Greg, are you teaching anywhere else right now?”
Dr. Normandy looked down, smiled faintly and sighed as if he’d been caught. “Well, Anika, yes, I am. I teach Acting and Theatre History for the Governor’s School.”
“Uh-huh,” said Dr. Patel. “And, for how long have you been teaching there?”
“I’ve been there fourteen years,” said Dr. Normandy. “In fact, I’m department chair. Look, is this a problem?”
“Yes, Greg, it is a problem,” said Dr. Feeney. “You should know that. Your contract with VCU says you’re prohibited from teaching somewhere else, unless you make a request to do that and it’s approved by your department chair. You have to disclose OPAs (outside professional activities); it’s in the conflict of interest and commitment policy.”
“No, Erin,” countered Dr. Normandy, “the policy says I can’t teach for another university while I’m under contract. I never thought to mention it, since the Governor’s School is not a university. Besides, I teach evening and online classes for VCU, so it works. I’ve never had a problem with performing my duties, and you know that.”
“Greg,” said Dr. Patel, “Whether you’re teaching for a university or a secondary school, full-time, at the same time you’re under contract as a full-time professor here, you have a significant conflict of commitment. It should be obvious – you cannot be at your best, and perform at the level the university and your students need when you have a second, full-time teaching commitment elsewhere. I’m sorry, but since you did not disclose this conflict and you’ve been playing for both teams for three years, we cannot recommend you for tenure, and I’m sorry to say, we will have to refer this matter to the Provost’s Office.”
The Takeaway:
Sometimes it’s easy to understand how someone might not realize that they’re smack dab in the middle of a pretty significant conflict of interest or commitment. But, sometimes it’s quite a stretch to believe, especially when there’s a great deal to be gained by failing to disclose it. By teaching for both the Governor’s School and VCU, Dr. Normandy was enjoying the benefits – and the full-time salaries – from each. At the same time, his students and the institutions he was teaching for suffered, because try as he might to justify it, it would not have been possible for anyone to perform at their optimal level – the level at which they were hired to perform – for both institutions, for long.
Whether he was being 100% honest when he claimed that he didn’t think teaching for both schools was in violation of the Conflict of Interest and Commitment Disclosure and Management for University Employees (Including Faculty) Policy, he violated the spirit of the policy by hiding the fact that he had a significant OPA and was teaching for both institutions. After the School of the Arts consulted with the Provost’s Office, Human Resources and University Counsel, Dr. Normandy was issued a notice of termination. He did not appeal the decision and his employment with VCU ended.
Nobody wins when they’re playing for both teams at the same time.
Please note: The names, locations and details of this case have been changed to protect the identities of the people involved in the actual case investigated by the ICO.