AD86 Acceptance of Gifts and Entertainment

Contents:

PURPOSE:

This policy provides guidance on avoiding possible conflicts of interest, undue influence, or the appearance thereof when perquisites are offered to employees of the University.

DEFINITIONS:

Gift - any perquisites that are beyond the acceptable amounts established by University policies, such as a gratuity, discount, hospitality, loan, forbearance, or other tangible or intangible item having monetary value, including but not limited to, cash, merchandise, food and drink.

Entertainment - including but not limited to, paid invitations to (or subsequent reimbursement for) events, including tickets, transportation, room or housing, meals, and other such activity provided to an employee beyond the acceptable amounts established by University policies.

POLICY:

Fulfilling the mission of The Pennsylvania State University requires the highest standards of integrity and responsibility.  Employees of the University must exercise caution and good judgment when accepting gifts, entertainment and/or contributions from individuals or parties with current or prospective business with the University.

The purpose of gifts and entertainment is to establish a relationship of goodwill among current and pending collaborative partners.  However, employee acceptance of gifts, paid invitations, entertainment, travel, room or housing, meals, transportation, and other such activity may interfere with the University's mission, and may adversely affect the reputation of the University.

Thus all employees of The Pennsylvania State University are expected to not accept any gift or entertainment that might influence the employee’s decision making, compromise the employee’s judgment, or have the appearance of doing so.  All Penn State employees will refuse any gift, hospitality, favor, or entertainment if all of the following criteria are met:

• The gift, hospitality, favor, or entertainment is offered by any individual or party who has current or prospective University business, and
• The employee offered the gift, hospitality, favor or entertainment has authority or influence in the current or prospective University business, and
• The gift, hospitality, favor, or entertainment has a value of more than $100, and
• The gift, hospitality, favor, or entertainment is offered either directly or indirectly.

If it would be offensive or detrimental to the relationship to refuse a gift, hospitality, favor, or entertainment valued over $100, said gift, hospitality, favor, or entertainment must be disclosed to and approved by the employee’s supervisor and the Office of Ethics and Compliance. If approved, said gift, hospitality, favor, or entertainment having a value of more than $100 is to be donated to a charity, become University property, utilized for University benefit, or properly displayed for the benefit of the University community, as approved by the Office of Ethics and Compliance.

Requests to accept a gift or entertainment valued over $100 and/or requests to determine if an employee is subject to the criteria stated in this policy must be submitted to the Office of Ethics and Compliance by completing the Gift & Entertainment Authorization Form, per instructions in GURU.

A Penn State employee may be subject to a more restrictive policy in accordance with one’s unit or department responsibilities.

FURTHER INFORMATION:

For questions, additional detail, or to request changes to this policy, please contact the Office of Ethics and Compliance or the Office of General Council.

CROSS REFERENCES:

AD04 – Development Solicitation

AD31 – Outdoor Public Art

AD75 – University Events and Ticket Accountability

BS07 - Authority and Procurement

BS08 - Information Inquiries

BS09 - Initiating Purchases From Vendors Outside the University

FN03 - Substantiation, Disclosure, and Accountability for the Receipt of Contributions from Non-Governmental Sources

FN09 - Scholarships

FN10 - Other Business Expenses and Activities

FN15 – Establishing or Accepting Funds for Endowed or Named Annually Funded Accounts

FN20 – Student Group Travel Policy

FN22 - Policy on Institutional and Employee Relationships with Educational Loan Lenders

FN24 – Providing Educational Services to Military Service Members

FNG01 - Flow and Accountability of Gifts and Grants from Non-Governmental Sources

AC77 – University-Named Career Development Professorships

AC81 – University-Named Professorships

AC82 – University-Named Chairs

AC83 – University Endowed Fellowships

HR91 – Conflict of Interest

AC93 – University-Named Dean’s Chairs

AC94 – University-Named Department Head’s Chairs

ACG15 – Support Funds and Outside Compensation During Sabbatical

IP04 – Royalty Payments for Course Materials

IPG04 – Acceptance of Donated Intellectual Property by The Pennsylvania State University

RA20 – Disclosure and Management of Significant Financial Interests

RA63 - Budget Realignment (Formerly RA04, Making Revisions to Budgets and Program Plans on Federally Sponsored Projects)

RAG04 – Guidelines for Gifts, Grants and Contracts (The Funding Matrix)

RAG18 – Establishing Research Institutes, Consortia, and Centers

Bylaws of The Pennsylvania State University, Section 8:13 – Disclosure of Potential Conflict of Interest by the Employees of the University

Penn State Travel Policy

Most recent changes:

• September 17, 2019 - Editorial changes. Changed Subject Matter Expert to Office of Ethics and Compliance and updated the link to the Gift and Entertainment Authorization form.

Revision History (and effective dates):

• August 31, 2016 - Editorial changes. Edits in the POLICY section, linking the new Gift & Entertainment Form to the policy and requiring users to complete and submit the form before accepting any gift, hospitality, favor, or entertainment valued over $100.
• September 16, 2014 - New policy.