Feb 26, 2024  
Policies and Procedures Manual 
    
Policies and Procedures Manual

06:38:00 Nepotism


Revision Responsibility: Executive Director of Human Resources
Responsible Executive Officer: Vice President for Business & Finance

Purpose

To establish requirements for employment for near relatives.


Policy

Pursuant to T.C. 8-31-101, et.seq, the following shall be the nepotism policy for Walters State Community College.

  1. Effective July 1, 1980, no employees of this institution who are relatives shall be placed within the same direct line of supervision whereby one relative is responsible for supervising the job performance or work activities of another relative; provided, however, that to the extent possible, this policy shall not be construed to prohibit two or more relatives from working for the institution. For the purposes of this policy, a “relative” means a parent, foster parent, parent-in-law, child, spouse, brother, foster brother, sister, foster sister, grandparent, grandchild, son-in-law, brother-in-law, daughter-in-law, sister-in-law, or other family member who resides in the same household. The employment of relatives is permitted; however, no employee shall participate in the process of review, recommendation and/or decision making in any matter concerning hiring, opportunity, promotion, salary, retention, or termination of a relative as herein defined. Under certain federal regulations, additional restrictions may apply, depending on the source of funding.

    Pursuant to this provision, a relative may serve an administrative function within the same institution, school or unit so long as the duties do not require or include participation in the process of review, recommendation and/or decision making in any matter concerning hiring, opportunity, activities, promotion, salary, retention or termination of a relative as defined by T.C.A. 8-31-102.

    An administrator shall not make employment decisions and/or recommendations which impact a relative individually; however, the policy does not prohibit an administrator who does not otherwise violate the nepotism policy, from making recommendations that pertain to all faculty and/or staff members at an institution while he/she has a relative who is a faculty or staff member. The nepotism policy shall not be used or considered in the granting of tenure.
     
  2. When employees of this institution become in violation of subsection (a) as a result of marriage, the violation shall be resolved by means of transfer within the institution, transfer to another institution, or resignation as may be necessary to remove the violation. If transfer alternatives are available, the employees shall be given the opportunity to select among the available alternatives; provided that if the employees are unable to agree upon any such alternative within 60 days, the president shall take appropriate action to remove the violation.
     
  3. In the case of employment relationships which would otherwise violate subsection (a) but which were in effect prior to July 1, 1980, the employment of the employees shall not be affected by this policy, provided that the institution takes appropriate action to insure that employees neither initiate nor participate in institutional decisions involving a direct benefit (retention, promotion, salary, leave, etc.) to a relative.
     
  4. Responsible officials shall apply the foregoing in a nondiscriminatory manner, and shall insure that the implementation of this policy does not adversely affect employees of one sex over those of the opposite sex.

Tennessee Board of Regents Guideline P-090 provides further guidance regarding the implementation of the law. 07/92; 08/04; 08/13; 07/14; 05/16