Common use of Allegations of Conflict of Interest or Apprehension of Bias Clause in Contracts

Allegations of Conflict of Interest or Apprehension of Bias. 5.10.2.1 Where a written allegation of apprehension of bias has been made to the committee chair, or next level of authority in absence of a committee decision being required, he or she shall determine whether there is a reasonable apprehension of bias as defined by this Article. Persons alleging bias must do so before the person in bias or alleged bias participates in any meeting or other process at which the subject matter of the alleged bias will be considered, or immediately upon being made aware of circumstances causing an apprehension of bias. 5.10.2.2 Where a written allegation of apprehension of bias concerning a Member has been made to an appropriate authority (the committee chair, or next level of authority in the absence of a committee decision being required), that authority shall inform the Member against whom the allegation is made, and provide a copy of the written allegation to that Member. The appropriate authority shall then determine whether an apprehension of bias exists, and inform in writing both the Member against whom the allegation is made and the person providing the written allegation. If a finding of alleged bias against a Member is made and upheld, that Member shall be excused, without prejudice, from participating in the decision that is the subject of the finding. 5.10.2.3 The decision of the committee chair or next level of authority to excuse or not excuse a Member can be appealed in writing within three (3) business days of receiving the written notification, by either the Member who is undergoing review or the Member being excused, to the Xxxxxxx or to their designate if the committee chair is the Xxxxxxx. 5.10.2.4 The written decision of the Xxxxxxx (or designate) will be submitted within three (3) business days of receiving the written appeal, and is final. It shall be copied to the Association, and shall contain enough detail that the Parties can determine whether the Apprehension of Bias guidelines are being applied in a uniform manner. 5.10.2.5 A Member has the right to discuss their concerns regarding bias or apprehension of bias with a member of the Association, and seek assistance from the Association in constructing a written request to the committee chair or next level of authority. Both Members apprehensive of bias and Members accused of bias have the right to seek assistance from the Association in constructing written requests or appeals.

Allegations of Conflict of Interest or Apprehension of Bias. 5.10.2.1 Where a written allegation of apprehension of bias has been made to the committee chair, or next level of authority in absence of a committee decision being required, he or she they shall determine whether there is a reasonable apprehension of bias as defined by this Article. Persons alleging bias must do so before the person in bias or alleged bias participates in any meeting or other process at which the subject matter of the alleged bias will be considered, or immediately upon being made aware of circumstances causing an apprehension of bias. 5.10.2.2 Where a written allegation of apprehension of bias concerning a Member has been made to an appropriate authority (the committee chair, or next level of authority in the absence of a committee decision being required), that authority shall inform the Member against whom the allegation is made, and provide a copy of the written allegation to that Member. The appropriate authority shall then determine whether an apprehension of bias exists, and inform in writing both the Member against whom the allegation is made and the person providing the written allegation. If a finding of alleged bias against a Member is made and upheld, that Member shall be excused, without prejudice, from participating in the decision that is the subject of the finding. 5.10.2.3 The decision of the committee chair or next level of authority to excuse or not excuse a Member can be appealed in writing within three (3) business days of receiving the written notification, by either the Member who is undergoing review or the Member being excused, to the Xxxxxxx or to their designate if the committee chair is the Xxxxxxx. 5.10.2.4 The written decision of the Xxxxxxx (or designate) will be submitted within three (3) business days of receiving the written appeal, and is final. It shall be copied to the Association, and shall contain enough detail that the Parties can determine whether the Apprehension of Bias guidelines are being applied in a uniform manner. 5.10.2.5 A Member has the right to discuss their concerns regarding bias or apprehension of bias with a member of the Association, and seek assistance from the Association in constructing a written request to the committee chair or next level of authority. Both Members apprehensive of bias and Members accused of bias have the right to seek assistance from the Association in constructing written requests or appeals.