Acceptance of Gifts, Benefits and Gratuities Policy

Purpose

To ensure that University staff and Council members are aware of what is appropriate behaviour with respect to the acceptance of gifts, benefits or gratuities.

Organisational scope

This is a University-wide policy, covering all group entities that are wholly owned by the University. It shall apply to all University staff or representatives including the University's Council members, where they are acting on the University's behalf.

Definitions

Cultural Exchange

An occasion where people/s from differing cultures share and exchange ideas, customs, practices and protocols. This cultural exchange is often undertaken to establish, maintain or cement respectful relationships and uphold goodwill and reciprocity. Gifting during a cultural exchange is a tangible expression of respect and gratitude supporting relationship building and will often be items of cultural significance given in accordance with cultural protocols and supported by hospitality and opportunities for social connection. Gifts within this context (regardless of amount) are to be accepted as refusal would cause offence.

University Representatives

For the purposes of this policy, includes all University employees and University Council members.

Content

1. Summary

   1. University Representatives must not abuse their position for personal gain. They must not solicit or accept gifts, rewards or benefits which might compromise their integrity and the integrity of their department and/or the University.
   2. University Representatives should not accept a gift (whatever its nature or value), including during procurement processes, if the gift could be seen by others as either an inducement or a reward which might place the University Representatives under an obligation to a third party.
   3. Gifts and expressions of hospitality presented during a Cultural Exchange must be accepted (regardless of value) to avoid cultural offence or embarrassment. All gifts received in this context must be treated with the mana and respect within which they were gifted and all items/monies received must be reported by the staff member to their manager or Head of Department and recorded in the Gifts and Benefits Register.
   4. Individual gifts, hospitality, and promotional items up to $100 may be accepted without prior approval but should be reported by the staff member to their manager or Head of Department.
   5. Cash must never be accepted unless it would be culturally insensitive to refuse (refer Koha Policy and Pacific Gifting Policy, Procedure and Guidelines). All instances should be reported by the staff member to their manager or Head of Department and recorded in the Gifts and Benefits Register.
   6. Gifts or benefits in the form of an invitation to attend a supplier or industry conference, seminar, workshop or site visit, where the hospitality element is incidental to the event and relevant business information is expected to be gained through attendance, must be approved by a Divisional Head and recorded in the Gifts and Benefits Register.
   7. Where offers of gifts or inducements are made to a Council member, this should be reported by the Council member to the Registrar and Secretary of the Council, who will determine the appropriate response. A Council member who accepts a gift should declare the gift to the Registrar and Secretary of the Council who will determine an appropriate response, in consultation with Chancellor or Pro-Chancellor as required. Legitimate and significant gifts will be recorded in the University Gifts and Benefits Register as required.
   8. Gifts or benefits can range from one-off offers of small gifts to ongoing discounts on goods and services. The line between token gifts of appreciation and those that might compromise the recipient is often not easily defined, but any gift (regardless of value or nature) where it could be seen by others as an open inducement or reward that might place the University under any obligation should not be accepted.
   9. The following factors should be considered in determining whether a gift/benefit may be accepted or not:
      1. the monetary value of the gift or benefit
      2. how the gift or benefit would look to an outside party
      3. the reasons for the gift or benefit being offered e.g., Cultural Exchange
      4. the frequency of the gifting – even a small gift or benefit given repeatedly may be of concern
      5. whether the gift displays a company or organisation logo
      6. the value or importance of the gift or benefit to the employee, and
      7. the commercial influence, actual or perceived, that the gift or benefit may represent – where a supplier has won a contract for the provision of goods and services to a department (or departments), the supplier should not offer personal discounts to employees of that department. Nor should staff accept them. They could be seen both as a reward for letting the contract and an inducement to maintain the commercial relationship.

Related policies, procedures and forms

• Conflicts of Interest Policy
• Gift, Benefit and Gratuity Reporting Form
• Fraud Policy
• Koha Policy (Generic Māori | Southern Dialect)
• Pacific Gifting Policy, Procedure and Guidelines
• Public Service Commission – Model standards
• Sensitive Expenditure Policy

Contact for further information

If you have any queries regarding the content of this policy or need further clarification, contact:

Head of Risk Assurance and Compliance
Email hod.orac@otago.ac.nz