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AUS Policies Governing Faculty Consulting within the UAE and GCC
AUS’s policy governing faculty consulting within the UAE and GCC defines the parameters and limits of such activities and reasons for those limits.
AUS acknowledges that consulting is a mean of continuing education for faculty, provides them with experience in their professional fields, and may give faculty experiences that enhance their scholarship and teaching. The university also recognizes that consulting could re-direct faculty activity from their primary responsibilities to AUS.
AUS’s policy governing faculty consulting in the UAE and GCC has two purposes:
| 1. |
To define the extent to which faculty may participate in consulting, and to define the AUS policies and procedures governing that participation. |
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| 2. |
To ensure adherence to UAE immigration and labor law. |
From AUS Legal Counsel:
“It is contrary to the regulations of the UAE Ministry of Education and the Department of Immigration/Ministry of Labour for an employee to provide tuition and/or consultancy outside of University hours and premises unless: (a) AUS approval has been granted and (b) the grant, contract and/or consultancy agreement has been signed by the Chancellor of the University or his/her designee.”
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1.0 Specific AUS Policies Governing Faculty Consulting
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Only with written approval of the appropriate dean and Vice-Chancellor for Academic Affairs may a faculty member perform consultancy services in the UAE and/or GCC. The Administrative Approvals Process generally follows that stipulated for grant proposals outlined in the Guide to Research at AUS. The Faculty Consulting Routing and Review Form depicts the routing and review process for faculty consulting. |
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| 2. |
Consulting is limited to one working day per week during the academic year. |
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The contract/consultancy is payable to American University of Sharjah, which must be stipulated in the contract/consultancy agreement. AUS will, in turn, pay the faculty consultant. |
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A standard contract must be signed between the client and the university that holds the university from any responsibility for the consulting work performed by the faculty. Section 3.0 outlines the recommended format for AUS consultancy agreements. |
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Only the AUS Chancellor, or his/her designee, may sign a consultancy agreement since a faculty consultancy agreement represents a legal and binding contract between AUS and the client, whether the client is private or public, local, national or international |
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The signed consultancy agreement is distributed internally as follows: original to Finance Department and copies to the Office of Research, the dean’s office and the faculty member(s). |
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AUS will charge an indirect cost and administrative fee of 27 percent to the consulting contract using the modified total direct cost scheme as outlined in OMB Circular A- 21. |
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Fifty percent of this fee will be banked and re-distributed back to academic units annually as follows: |
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- 15 percent to the budget of the college/school
- 15 percent to the budget of the department
- 15 percent to the budget of the Office of Research
- 5 percent to the budget of the Office of the Vice Chancellor for Academic Affairs
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Failure to abide by these policies constitutes a violation of the faculty member’s employment contract with AUS. See the chancellor’s directive of December 24, 2004 as reproduced below. |
Chancellor’s Directive on Faculty and Staff Consulting in the UAE and GCC
Issued December 22, 2004
TO ALL FACULTY AND STAFF:
As stipulated in the AUS Faculty Handbook (page 14), faculty must obtain the approval of the dean of their school or college and the Vice Chancellor for Academic Affairs before undertaking or carrying out employment with any other institution or entity in the UAE and/or the GCC. UAE law goes even further by forbidding your employment by anyone except the organization sponsoring your visa. The restrictions are applicable to staff as well as to faculty. Note specifically that language requiring compliance with these provisions is included in your contracts.
Any faculty or staff members performing consultancy services or otherwise employed by any entity other than AUS are hereby granted until the close of business on December 31, 2004 to comply with these requirements of university policy and UAE law.
This means that faculty or staff employed on or after December 1, 2004—whether by consultancy agreement or any other arrangement—with any entity other than AUS must inform their dean in writing of this employment and cease engaging in it no later than December 31, 2004.
Effective January 1, 2005, these policies and legal requirements will be strictly enforced. Failure by the employee to have disclosed violations by that date or continuation of them thereafter will subject the employee to disciplinary action up to and including dismissal from the university.
Winfred L. Thompson
Chancellor
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2.0 Definition of Consulting for Purpose of this Policy
Consulting is a professional activity related to a faculty member’s field or discipline, where a fee-for-service or equivalent relationship with a third (non-AUS) party exists. (In the GCC and UAE, all endeavors for financial profit, even those not directly related to a person's field or discipline, are also considered consulting and are governed by this consulting policy.)
In general, in a consulting relationship or fee-for-service arrangement, the faculty member is using his or her professional capabilities to further the agenda of a third, non-AUS party, in return for immediate or prospective gain.
Activities or titles that imply managerial or supervisory responsibility are not permitted under conflict of commitment policies, and are not allowable as consulting relations.
Titles such as CEO, director, scientific officer or vice president, etc., are generally assigned with line management responsibilities. Faculty members must avoid titles that include terms such as executive, officer, director, manager or chief as they imply or indicate management responsibilities and create real or perceived conflicts of commitment.
Appointments to serve on boards of directors of companies, or on companies’ advisory councils or scientific advisory boards, and the titles that may pertain to these appointments are not considered managerial roles and titles, and are permitted as consulting relations.
Activities Not Considered Consulting
Several types of faculty activity, other than regular AUS activities, are not considered consulting in the GCC or elsewhere and are not subject to this policy:
Publication. Scholarly communications in the form of books, movies, television productions, art works, etc., though frequently earning financial profit for a faculty member and for another party (e.g., a publisher), are not viewed as consulting.
Professional Service (professional affiliation). Service on national commissions, governmental agencies and boards, granting agency peer-group review panels on visiting committees or advisory groups to other universities and on analogous bodies are not considered consulting.
The distinction between these activities and consulting is that they are public or university service. Although an honorarium or equivalent sometimes is made to the faculty member, service activities are not undertaken for personal financial gain and do not fall within the consulting category.
3.0 Format for AUS Consulting Contracts
Here is a recommended format for faculty consulting contracts.
| First Party
Name of School or College
American University of Sharjah
P.O. Box 26666
Sharjah, UAE
Represented by: Name of AUS project leader/lead consultant here |
Second Party
Official Registered Name of Company or Concern
Address
Telephone
Fax
E-mail
Represented by: Name of contact person within company |
1. |
First Party: American University of Sharjah as represented by:
List the name of faculty member here serving as principle investigator (or project director, lead consultant or other title as appropriate)
(Example)
American University of Sharjah
Dr. Joseph Habibi
Associate Professor, Chemical Engineering
School of Engineering |
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| 2. |
Second Party: Name of company or concern as represented by
(Example)
Dubai Petro-Chemicals
Mr. John Smith
General Manager |
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Project Schedule and Statement of Work
(Example)
For a total of 40 days during the period of April 15, 2005 – August 15, 2005
Task 1: Conduct research to improve efficiency of process X
Task 2: Prepare set of recommendations for process improvement along with implementation budget
Task 3: Develop training modules for process engineers |
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List of All AUS Staff Involved in the Consultancy and their Time Commitments
(Example)
Dr. Joseph Habibi, Principal Investigator, Department of Civil Engineering, 40 days
Professor Bob Smith, Department of Economics, 3 days
Professor Sallie Ryan, Department of Mathematics and Statistics, 10 days
Kevin Blake, Lab Assistant, 30 days |
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List of Project Deliverables
(Example)
Set of recommendations and budget for improved process
Series or training modules (five modules)
Final project report |
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Location of Work
(Example)
Dubai Petro-Chemicals |
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AUS Facilities and Labs Being Used and Time Used
(Example)
AUS Chemical Engineering Laboratory I |
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Budget
Standard budget line items could include:
Professional staff time
Administrative staff time
Lab and/or facilities charges
Equipment charges
Training costs
Travel (transportation, accommodation, meals and incidentals)
Indirect cost of 27 percent (required) |
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| 9. |
Payment Terms
Contract/consultancy is payable to American University of Sharjah |
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| 10. |
Indemnity Statement
You, the second party, agree to hold harmless the American University of Sharjah from and against any claims, actions or demands, including without limitation, reasonable legal and accounting fees, resulting from this contract or consultancy. |
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| 11. |
Signatures
On behalf of AUS, the contract must be signed by the chancellor or his designee |
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______________________________
Winfred Thompson, Chancellor, AUS |
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Name of client/sponsor contact, and title |
4.0 Routing and Review Form
Use this form to route your consulting contract for internal review and approval
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