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RSCC Policy PA-03-01; Nepotism

RSCC Policy PA-03-01; Nepotism

Roane State Community College
Policy Number: PA-03-01
Subject: Nepotism
  1. Introduction
    The state nepotism law is designed to prevent occurrences whereby relatives who are employees of the state are in a direct supervisory line with respect to each other. In order to guard against these practices the state prohibits governmental employees who are relatives from being placed within the same line of supervision where one relative is responsible for supervising the job performance or work activity of another relative.

    Pursuant to T.C.A. § 8-31-101, et. seq, TBR Policy 5:01:00:06, and TBR Guideline P-090 the following shall be the nepotism policy for Roane State Community College:
    1. 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 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 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 days, the appointing authority 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 or school takes appropriate action to ensure that employees neither initiate nor participate in institution 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.
  2. Application
    Roane State’s policy on nepotism shall be applied as follows:
    1. The nepotism policy applies to any person who is employed as a full, part-time, student, or temporary employee by the institution.
    2. The nepotism 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.
    4. 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.
    5. 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.
    6. The nepotism policy shall not be used or considered in the granting of tenure.
  3. Hiring
    In searching for qualified candidates for a new or vacated position, persons responsible for recruitment shall evaluate each individual on his/her merits without consideration of their relationship to another employee. Prior to hiring any individual, the department wishing to hire the individual must conduct an analysis to assure compliance with state law.
  4. Remedies
    The institution 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.
  5. Policy Conflict
    Should there be a conflict between this policy and TBR policy or guidelines then the TBR policy or guideline will supersede.

TBR Policy Reference: 5:01:00:06
TBR Guideline Reference: P-090
Revision Date Effective: 03/12/2012
Revision Approval By: Gary Goff, President
Original Date Effective: 01/11/1988
Original Approval By: Cuyler A. Dunbar, President
Office Responsible: Vice President for Business & Finance
Reviewed: 04/18/2016

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