Ancillary Activities

Basic principles

It is often beneficial for both teaching and research when EPFL’s employees and professors 1 interact with industry, the economy and other institutions. EPFL encourages such interactions as long as they do not interfere with the employees’ and professors’ activities, service or commitment to the institution.

An “ancillary activity” is any activity engaged in by employees and professors outside their employment relationship with EPFL – regardless of whether such activity is remunerated or not. The activity may be engaged in by an employee or professor on their own behalf or on behalf of a private company or public institution and may also involve teaching assignments or holding public office. Activities that are considered leisure pursuits or that take place in the private sphere, such as those relating to cultural or sporting associations, are not considered ancillary activities within the meaning of the Directive concerning the management of conflicts of interest within the context of activities or public duties engaged in outside the working sphere (LEX 4.1.1).

Ancillary activities therefore take place in the private sphere and are engaged in under the sole responsibility of the individual concerned.

A conflict of interest is defined as a situation in which an ancillary activity can harm the interests of EPFL, including but not limited to:

• any situation in which an employee or professor is occupied by the ancillary activity in a way that impacts or reduces their ability to work;
• any situation that restrict academic liberty;
• any situation that could infringe the intellectual property of EPFL, including intellectual property generated by the employees or professors engaged in the ancillary activity;
• any situation in which an employee or professor may influence the decisions of EPFL or its relationships with third parties, or in which an employee or professor may appear biased due to an ancillary activity that they engage in on their own behalf or on behalf of a third party;
• any situation in which an action or a stand taken by an employee or professor in an ancillary activity could constitute a reputational risk for EPFL.

Employees and professors must defend the legitimate interests of the Confederation and EPFL. All employees and professors also have a duty of loyalty to their employer.

1. All persons under an employment contract with EPFL or the ETH Board

Duty to report and requests for authorization

All ancillary activities, as defined above, must be reported. For staff members, this report is made to their immediate supervisor. It is made regularly, when a new activity is undertaken or a change occurs, and to the Vice-President for Academic Affairs for faculty members.

Professors must also report any activities of an academic nature for which they are paid more than Fr. 200 (per year or per assignment) or if the activities give them the power to obtain an advantage for themselves or their immediate circle.

Note that employees do not have to report unremunerated ancillary activities if such activities do not involve the risk of a conflict of interest or the risk of compromising the repu- tation of EPFL or another ETH institution or the ETH Board.

In addition, certain types of ancillary activities are subject to prior authorization.

Employees must obtain the authorization of their direct superior for the following activities:

• activities that occupy the employee in such a way as to compromise the services they provide for EPFL, and particularly if the combined rate of activity for EPFL and the ancillary activity exceeds 110%;
• activities that involve serving as the managing partner or a member of the board or management of a company (including startups);
• activities that involve serving as a member of a foundation board or the executive committee of a foundation, association or public institution, if this could impair the reputation of EPFL;
• activities that involve a potential conflict of interest with EPFL, another ETH institution or the ETH Board;
• activities that involve the use of EPFL resources, in which case authorization must also be obtained from the Technology Transfer Office (TTO);
• activities that involve the founding/development of a company, in which case authorization must also be obtained from the Technology Transfer Office (TTO)

Professors must obtain the authorization of the Dean or the Vice President for Academic Affairs in the following cases:

• any ancillary activity where the time devoted to the activity, or to all of the professor’s ancillary activities, exceeds one day per week for a full-time professor (or the equivalent in the case of employment at a rate of less than 100%);
• activities that involve serving as the managing partner or a member of the board or management of a company (including startups);
• activities that involve serving as a member of a foundation board or the executive committee of a foundation, association or public institution, if this could impair the reputation of EPFL;
• activities that involve a potential conflict of interest with EPFL or a significant risk for the reputation of EPFL;
• being named as a professor at an institution other than EPFL;
• activities that involve the use of EPFL resources, in which case authorization must also be obtained from the Technology Transfer Office (TTO);
• activities that involve the founding/development of a company, in which case authorization must also be obtained from the Technology Transfer Office (TTO).

A new authorization must be requested if changes are made to an ancillary activity that is subject to authorization, such as a change in the amount of time allocated to the activity.

Special matters

Members of the EPFL Direction

Any share of income from ancillary activities by members of the EPFL Direction exceeding 30% of their EPFL compensation must be handed over to the employer. Furthermore, any such ancillary activity must not compromise the performance of services for EPFL. All ancillary activities must be authorized by the ETH Board.

Responsabilities

Legal basis

• LEX 4.2.0.1 “Ordinance of the ETH Board for profes- sors at the Federal Institutes of Technology (ETH Pro- fessorial Ordinance)”
• LEX 4.1.0.4 “Ordonnance du Conseil des EPF sur le personnel du domaine des écoles polytechniques fédérales” (Arts. 53 and 56)
• LEX 4.1.1 “Directive concerning the management of conflicts of interest within the context of activities or public duties engaged in outside the working sphere”
• “Ordonnance sur la rémunération et sur d’autres conditions contractuelles convenues avec les cadres du plus haut niveau hiérarchique et les membres des organes dirigeants des entreprises et des établisse- ments de la Confédération”
• LEX 4.1.0.1 «Loi sur le personnel de la Confédération»

Further information

• TTO website on startups