NEPOTISM AND PERSONAL RELATIONSHIPS

About This Policy

Policy Statement

Members of the university community are prohibited from influencing, either directly or through others, the university employment or academic progress of a person with whom he or she has a familial, personal, or romantic relationship. Individuals with authority to make decisions must make efforts to ensure that no preference is given to applicants, employees, or vendors who are personally related to university employees, except as necessary to promote legitimate university objectives. Accordingly, employment, academic, research, and procurement decisions are based on merit and qualifications.

Familial, personal, or romantic relationships will not preclude a qualified individual’s hire, promotion, admission, or advancement, nor will they prohibit contracting with a qualified vendor. However, university employees may not make employment, academic, research, contractual, or procurement decisions related to an individual with whom there is a familial, personal, or romantic relationship.

Employees with familial or personal relationships cannot be appointed or transferred to a position that creates a potential situation of nepotism, without an approved management plan to avoid instances of supervision or influence. Potential nepotism situations must be reported prior to appointment or transfer.

This prohibition applies to pre-existing familial, personal, or romantic relationships, as well as those that arise during employment or academic supervision.

Socializing or friendships that may occur in the context of a work or academic relationship, unless the extent of the relationship may call into question the objectivity of a supervisor, manager, or instructor in determining the terms and conditions of employment, academic advancement, research, or procurement decisions are not prohibited.

The university does not prohibit the simultaneous employment of relatives or engagement in commercial activities with the relatives of employees so long there is no direct reporting or supervisory relationship between the relatives and all employment decisions are made by others.

Disclosure
University employees must exercise good judgment to identify and report situations where a familial, personal, or romantic relationship may call into question the integrity of a decision affecting terms and conditions of employment, academic progress, research, or procurement. Employees are urged to disclose the facts if there is any doubt rather than fail to disclose in cases where a relationship exists or existed in the past.

Existing situations of nepotism must be reported and addressed unless a management plan approved by the president, appropriate vice president, or Board of Regents is already in place. Situations of nepotism that arise in existing employee situations due to a change in relationship, must be reported promptly and addressed by an approved management plan.

Employees must self-report in writing to the head of their organizational unit before they make, participate in, or attempt to influence (or cause others to make, participate or attempt to influence) decisions that will or may be affected by personal relationships. If the at-issue relationship involves the leader of an organizational unit the report must be made in writing to the next most senior leader to whom the employee is accountable.

Retaliation
The university prohibits any form of retaliation against any individual because of the individual’s good faith participation in reporting or otherwise expressing opposition to, suspected or alleged misconduct, or participating in any process designed to review or investigate suspected or alleged misconduct or noncompliance with applicable policies, rules, and laws. No employee will be adversely affected because they refused to carry out a directive which constitutes fraud or is a violation of local, state, federal or other applicable laws and regulations.

Individuals who believe that retaliation is occurring or has occurred, as a result of their good faith participation, must report those acts to the Office of Human resources or to the appropriate university administrator.

Exceptions
Exceptions and accompanying management plans involving faculty must be approved by the provost. Exceptions and accompanying management plans involving staff must be approved by the executive vice president. Exceptions involving vice presidents must be approved by the president.  Exceptions and accompanying management plans involving the president must be approved by the Executive Committee of the Board of Regents. All exceptions and management plans must be reviewed by the Office of Human Resources.

Sanctions
Intentional disregard or negligence in reporting by managers, supervisors, and employees will be dealt with in accordance with applicable university policies and procedures, which may include disciplinary actions up to and including termination from the university.

Any university community member who engages in retaliation may be subject to disciplinary action up to and including termination of employment status or expulsion.

Reason For Policy

Familial, personal, or romantic relationships can create situations such as favoritism and conflicts of interest, which violate equal opportunity laws in the workforce and student body. Even where a familial, personal, and/or romantic relationship has no direct influence on employment, academics, research, or procurement, action may be required to eliminate perceived favoritism when the relationship may have a negative impact on the educational or work environment.

Policy Scope

Applies to:

• All members of the university community, including faculty, staff, students, and those doing business with the university (e.g., vendors, contractors).
• All employment, academic, research, and procurement practices and actions.
• All university actions including but not limited to recruitment, hire, rate of pay or other compensation, advancement, upgrading, promotion, demotion, renewal, non-renewal, tenure consideration, termination, transfer, layoff, leave, training, grading, housing, contract awards, and all employee and student benefits.

Procedures

• Responding to Nepotism and Personal Relationships

Forms

• Conflict of Interest Disclosure Form (Log in Required)
  
• Nepotism Management Plan (Log in Required)
  

Appendices

• There are no appendices associated with this policy.

Additional Contacts

Definitions

Administrator/Supervisor
Any administrator or supervisor who is responsible for managing or supervising a department.

Approved Management Plan
Approved management plans developed in cooperation with the Office of Human Resources mitigate actual and perceived favoritism and conflicts of interest and loyalty by establishing appropriate processes for employment decisions.

Business Decision
Decisions related to the full spectrum of university commercial activities (e.g., buying, hiring, selling, contracting, licensing, leasing).

Conflict of Interest
A conflict of interest exists where there is a potential or actual divergence between the personal interests of a university member and that member’s obligation to uphold the interests and mission of the university. In a conflict of interest situation, an impartial observer might reasonably question whether actions or decisions taken by the university member on behalf of the university are influenced by consideration of personal interests. A conflict of interest depends on the situation, and not on the character or actions, of the individual.

Employment Decisions
The full spectrum of employment-related actions, including but not limited to decisions related to hiring, supervision, direction of work, promotion, compensation, work hours, performance evaluation, termination and all other terms and conditions of employment.

Familial Relationship
Ref. Personal Relationship

Misconduct
A violation of university policy; a violation of applicable state and federal laws; or the use of university property, resources, or authority for personal gain or other non-university-related purposes except as provided under university policy.

Nepotism
Favoritism shown based on familial, personal, or romantic relationships. This includes research and procurement decisions as well as actions by a university employee that directly or indirectly influence the employment terms and conditions (e.g., appointment, promotion, supervision, evaluation, determination of salary), academic progress (e.g., grading, advising) of any other university member with whom they have a familial or personal relationship.

Personal Relationship
A marital or other committed relationship, significant familial relationship, including, relationships by blood, adoption, marriage, or domestic partnership; partner, parent, grandparent, child, sibling, first cousin, uncle, aunt, nephew, niece, spouse, brother- or sister-in-law, father – or mother-in-law, son- or daughter-in-law, step-parent, or step-child; or romantic relationship; a close personal friendship; or a significant business relationship that reasonable persons would agree to have the potential to create a real or perceived conflict of interest comparable to those associated with relatives or household members. The above list of relationships is not to be considered an exhaustive list; other close, personal relationships between two individuals could be considered on a case-by-case basis to be subject to this policy.

Relative
Ref. Personal Relationship. 

Romantic Relationship
An affinity characterized by mutual attraction and intimacy.

Report in Good Faith
A report made with an honest and reasonable belief that a university-related violation of law or policy or other instance of non-compliance or related misconduct may have occurred.

Retaliation
Adverse action against an individual because she or he has made a protected disclosure or has participated in an investigation, proceeding or hearing involving a protected disclosure.

Supervision
Supervision means the exercise of authority or responsibility regarding appointment, reappointment, promotion, managing performance, work assignments, salary administration, termination or other terms and conditions of employment.

University Community Member
Inform their supervisor of any workplace personal relationship involvement. File conflict of interest disclosures.

Responsibilities

University Community Members
Inform their supervisor of any workplace personal relationship involvement. File conflict of interest disclosures.

Administrators, Supervisors, Deans, and Directors
Consult with each individual in the relationship, either jointly or separately. Contact Office of Human Resources. Protect the employment or academic interests of the subordinate. Document consultation regarding personal relationships. Keep all documentation secure and separate from any official file.

Office of Human Resources
Establish procedures for this policy. Advise and educate departments and individuals on resolutions conflict of interest and commitment. Store documentation and disclosure forms.

Director of Human Resources
Review and approve management plans.

President, Executive Vice President, Provost, and the Executive Committee of the Board of Regents
Approve exceptions to this policy, as required.

RELATED INFORMATION

Related Policies & Procedures

• Conflicts of Interest and Commitment
• Sexual Misconduct

History

Issued
2019-09-12