Employees should not accept gifts from business and individuals that sell goods and services to the University. Gifts made to University personnel may be in the form of entertainment, social invitations, sporting events, favors, personal property, services, or discounts. Gifts from vendors, contractors, and others conducting business with Tufts may appear to be a gesture of goodwill and appreciation, but all faculty and staff should be aware that gifts are generally given with the intent to influence a business a current or future business decision. This behavior is customary business practice, but such activity serves no useful purpose and can create conflicts of interest. It is the obligation of the employee responsible for a business relationship to handle gifts properly and in accordance with University policy as stated below.
University and Federal policies prohibit the acceptance of gifts or gratuities from vendors, subcontractors and contractors (referred to in this section as suppliers). This includes the use of property or facilities, gift certificates, entertainment, or other favors of value extended to employees or their families.
It is the universities objective to award business on the basis of considerations such as quality, service, competitive pricing, and technical abilities. Acceptance of personal gifts or gratuities of any kind from suppliers, that could be construed as a means of inducing business with the University is inconsistent with this objective.
Public law, 99-634 known as the “Anti-Kickback Enforcement Act” of 1986 is the Federal regulation which governs procurement under contracts and grants. It imposes a prohibition or “kickback” defined as any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind that is provided by a supplier, directly or indirectly, to any employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with procurement under a federal contract or grant.
In addition to the above, the expenditure of University funds for gifts to employees or students other than those provided through authorized recognition programs is prohibited. For further information, please refer to the University’s Business Expense Policy Guidelines, as posted within the Finance Division’s website.
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| | Question: | A vendor servicing my department treats me to sporting events. Is this appropriate? | | Answer: | No. University policy prohibits employees from accepting gifts of any kind from vendors.
| | Question: | A consultant working with the University has offered to let me stay at his vacation home on Cape Cod for the weekend. Should I accept the invitation? | | Answer: | No. Acceptance of this gift would give the appearance of impropriety and therefore would be inappropriate for you to accept the invitation.
| | Question: | A vendor treats me to a meal occasionally. Is this appropriate? | | Answer: | No, it is not appropriate. This invitation would be interpreted as the vendor trying to influence you. This invitation should not be accepted.
| | Question: | In attending a conference, a vendor offers to pay for a group dinner or some type of hospitality event. Is this acceptable for me to participate? | | Answer: | Yes. This is acceptable given that other prospective clients are attending and that is part of a conference or meeting event.
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