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Ethics

Gift Ban

Article 10 of the Ethics Act and Illinois Executive Order 15-09 (EO 15-09) prohibits University employees (or any state agency) and immediate family members living with them from accepting or soliciting gifts from a prohibited source.

  • Gifts are defined as gratuities, discounts, entertainment, hospitality, loans, forbearance, items with monetary value, and honoraria received in connection with University employment. In addition, the acceptance of meals is restricted to meals that are of de minimis value served at a business meeting or reception attended by the employee as part of their official duties as an employee.

  • Prohibited Sources are current vendors, along with their spouses and immediate family members living with them, and/or any individual or entity that conducts or seeks to conduct business with the University or any other state agency. Those who seek official action or have interests that may be substantially affected by the performance or non-performance of the official duties of a university employee, or the university are considered prohibited sources.

Please note

Only gifts received from a prohibited source as defined by the gift ban provisions of the Ethics Act are restricted. Employees should consult university and department policies to determine if there are additional restrictions regarding gift acceptance. The strictest requirements must be followed.

Gift Ban Exceptions

There are exceptions to the Ethics Act gift ban that allow for an employee to solicit or accept a gift from a prohibited source.  They include:

  1. Opportunities, benefits, and services available on the same conditions as for the general public
  2. Anything for which the employee pays market value
  3. Any contribution lawfully made under the Election Code or activities associated with a fundraising event in support of a political organization or candidate
  4. Educational materials and missions See below
  5. Travel expenses for meetings to discuss state or university business See below
  6. Gifts from a relative
  7. Anything provided by an individual on the basis of a personal relationship, unless the employee has reason to believe the gift was provided because of his or her official position or employment
  8. Food, refreshments, lodging, transportation, or other benefits resulting from outside business or employment activities of the employee or his/her spouse
  9. Bequests, inheritances, and others transfers at death
  10. An intra-governmental or inter-governmental gift

Exceptions to the Gift Ban - Food and Drink

Per EO 15-09, food and beverage provided by a prohibited source may be accepted only when the food or beverage provided is of de minimis value and served at a business meeting or reception attended by the employee as part of his or her official duties.

Gift Ban Exceptions: Educational Materials and Missions (EMM) or Business Travel

The Educational Materials and Missions (EMM)/Business Travel exceptions address gifts related to university business such as travel, conferences, and speaking engagements where a prohibited source is paying some or all the related expenses (e.g., lodging, conference fees, meals, and transportation).

Approvals: Per EO 15-09, University employees are required to seek approval for expenditures paid by a prohibited source under the EMM exception. All the following criteria must be met for approval consideration:

  • There is a close connection to the employee’s work or the mission of the unit/department.
  • The employee’s attendance or participation predominantly benefit the public or university, as opposed to the individual employee
  • The expenditure is approved in advance of travel by the University Ethics Officer

Please complete the Request for Approval form and submit it to ethics@ilstu.edu for review.

Two items, when received without any other gifts or reimbursements from prohibited sources, may be accepted without prior approval under Administrative Rule 1620.700.

  • Single copies of academic or professional publications or software in the employee’s area of responsibility or field of study, or
  • Waiver of conference registration fees for employees serving as conference speakers, committee members, or invitees of the conference host

Unintentional Acceptance of Gift(s) from Prohibited Sources

Employees who unintentionally accept a gift from a prohibited source in violation of the Gift Ban should promptly take one of the following actions:

  • Return the gift to the prohibited source
  • Make a monetary contribution to a 501(c)(3) charitable organization equal to the market value of the gift and keep the gift
  • Donate the gift itself to a 501(c)(3) charitable organization.

Though it is not required for employees to provide proof of compliance with the law, it is a good business practice to maintain a copy of the donation receipt, cancelled check, or other form of documentation in the event your compliance ever comes into question.