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RSCC Policy PA-03-01; Nepotism

Roane State Community College
Policy Number: PA-03-01
Subject: Nepotism
  1. Purpose
    The purpose of this policy is to establish the criteria and process for employment of relatives at the System Office and institutions governed by the Tennessee Board of Regents.

  2. Definitions
    Relative - For the purpose of this policy, relative means a 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.

  3. Policy
    Pursuant to T.C.A. § 8-31-101, et. Seq, the following shall be the nepotism policy for Roane State Community College (RSCC).

    1. Employment of Relatives
      Effective July 1, 1980, no employees of the 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 such relatives from working for the institution. For the purposes of this policy, a "relative" means a 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.

    2. When employees of the college become in violation ofsubsection III. A. as a result of marriage, the violation shall be resolved by means of transfer within Roane State, transfer to another institution or school, 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 sixty (60) days, the appointing authority shall take appropriate action to remove the violation.
    3. In the case of employment relationships which would otherwise violate subsection III. 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 RSCC takes appropriate action to ensure that employees neither initiate nor participate in college decisions involving a direct benefit (retention, promotion, salary, leave, etc.) to a relative.
    4. Roane State shall apply the foregoing in a non-discriminating manner and shall ensure that the implementation of this policy does not adversely affect employees of one sex over those of the opposite sex. The provisions of this policy are not to be construed to limit the hiring, promotion, or employment opportunities of any particular group of applicants.
    5. Tennessee Board of Regents Guideline P-090 provides further guidance regarding the implementation of the law. Access the complete detailed TBR guideline P-090, Nepotism at https://policies.tbr.edu/guidelines/personnel-guidelines.
  4. Application
    Roane State’s policy on nepotism shall be applied as follows:
    1. This policy applies to any person who is employed as a full, part-time, student or temporary employee by RSCC.
    2. This policy does not apply to individuals hired prior to July 1, 1980, and shall not be retroactively applied; however, change in the status of employees hired prior to 1980 shall be governed by this policy.
    3. 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.
      1. Pursuant to this provision, a relative may serve an administrative function within RSCC 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 et. seq.
      2. 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 RSCC while they have a relative who is a faculty or staff member.
    4. The nepotism policy shall not be used or considered in the granting of tenure.
  5. Hiring
    1. In searching for qualified candidates for a new or vacated position persons responsible for recruitment shall evaluate each individual on their merits without consideration of their relationship to another employee.
    2. Prior to hiring any individual, the department wishing to hire the individual must conduct an analysis to assure compliance with state law.
  6. Remedies
    Roane State may remedy any violation of this policy by voluntary transfer, or if an agreement cannot be reached, by involuntary transfer, from a unit or position, or by termination when appropriate.

  7. Policy Conflict
    Should there be a conflict between this policy and TBR policy or guidelines then the TBR policy or guideline will supersede.

Revision History: 03/12/2012
TBR Policy Reference: 5.01.00.06
TBR Guideline Reference: P-090
Revision Date Effective: 05/02/2022
Revision Approval By: Christopher L. Whaley, President
Original Date Effective: 01/11/1988
Original Approval By: Cuyler A. Dunbar, President
Office Responsible: Vice President for Business & Finance
Reviewed: 04/26/2022

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