Who are 'Associated Persons'?
Any person, company, other organization or legal entity that performs a service in the University’s name, represents the University in an official capacity, acts on its behalf or acts in place of other University staff or representatives.
The UK Bribery Act applies to organizations and ‘associated persons’ as defined above. This broad definition is also used in the University Policy on Bribery and Fraud and extends to include the following:
- members of staff or employees of the University and its subsidiary companies;
- majority or wholly owned subsidiary companies of the University;
- agents, sub-contractors, associates and consultants;
- partners and collaborators in joint ventures;
- recipients of grants from the University;
- suppliers of fundraising, professional and other services.
In certain circumstances, as defined in further detail below, the following groups can also be considered ‘associated persons’:
- students, both for undergraduate and higher degrees;
- visiting academics, speakers and lecturers;
- external members of committees, panels or boards;
Family members and friends of University staff or other associated persons are not normally considered to fall within the definition of ‘associated person’ themselves. Similarly, private business arrangements entered into outside of and unrelated to the University do not normally qualify. Where such persons or arrangements are used as a means of avoiding the restrictions placed upon staff and associated persons, however, then clearly this will be considered differently and, depending upon the circumstances, the member of staff or associated person concerned may be held liable by the University for a breach of policy.
Students
Although members of the University, students generally are not considered to fall within the definition of ‘associated persons’ because their study, for which they pay fees, is not a service provided to the University, nor does student membership require the student to act formally on behalf of the University or act officially in any representative capacity.
Students may become ‘associated persons’, for the purposes of the Bribery Act and University Policy, however, under the following circumstances:
(a) When they undertake work for the University that is not a normal part of their course of study. For example:
- undertaking paid laboratory supervision work for a department;
- contributing to funded University research projects;
- other part-time or casual work for a department.
(b) When they act in a formal or official representative capacity for a University body. For example:
- participating in an official sports team that competes in the University’s name;
- performing in an official University theatre company or orchestra;
- membership of formal University committees.
‘Associated person’ status applies in these circumstances only for the duration of the activity concerned or in respect of any matter arising from participation in that activity.
Visiting academics, speakers and lecturers
Academics, speakers and lecturers who are not formal members of the University, but who may be invited to give lectures, teaching, coaching, instruction or other services on behalf of the University are ‘associated persons’ to the extent of their work for the University and any matters arising from this association.
External members of committees, panels or boards
Individuals who are not formal members of the University but who are invited to sit on formal University committees, panels or boards are ‘associated persons’ to the extent of the role they perform for the University and any matters arising from this association. In addition to committee membership, this could include:
- membership of the directorial board or management committee of a University subsidiary company;
- participation in any panel or group convened for the purposes of employment or supplier selection;
- membership of any formal advisory board (from elsewhere in academia, the community, industry, etc.)