Nepotism and Related Employment†††††††††††††††††††††††††††††††† UPPS No. 04.04.07

Issue No. 9

Effective Date: 06/08/2015

Review: October 1 E3Y

Sr. Reviewer: Assistant Vice President for Human Resources

 

 

01.         POLICY STATEMENT

 

01.01This document explains the nepotism and related employment policies of Texas State University. It conforms to the policy set forth in The Texas State University System (TSUS) Rules and Regulations of the Board of Regents.

02.         REGENTS' RULES REGULATING THIS POLICY

 

02.01The university will appoint each employee, whether full-time or part-time, solely with regard to the special fitness of the appointee subject to applicable statutes and subject also to the provisions of this policy and Chapter V, Section 2.2, TSUS Rules and Regulations of the Board of Regents.

 

02.02In accordance with the prohibition of Government Code Ch. 573, no person related to any member of The TSUS Board of Regents within the second degree of affinity or within the third degree of consanguinity, as described in Section 03.05, is eligible for appointment to any position with the university when that personís compensation is paid from public funds.

 

a.    Government Code Ch. 573 does not prohibit the reappointment or continued employment of any person continuously employed in any such office, position, employment, or duty for a period of one year prior to the appointment of the member of the Board of Regents related to such person within the prohibited degree, nor does it prohibit honorary or non-remunerative positions.

 

b.    The university may not waive the prohibition of Government Code Ch. 573 as it applies to all programs administered under the Board of Regents.

 

c.    When the university allows a person to continue employment under the exception specified in Section 02.02 a., the Regentsí Rules require that the related board member shall not participate in the deliberation of, or vote on, any employment matter for that person, if the action applies only to that person and not to a bona fide employee class or category.

 

02.03Even though Government Code Ch. 573 does not prohibit a personís appointment, the president must approve in advance the employment of a person related within the second degree of affinity or the third degree of consanguinity to another employee if 1) such employment causes one relative to have a direct supervisory relationship over the other relative; or 2) such employment causes one relative to have authority over the salary or other terms of employment of the other.

 

a.    This policy does not prohibit the reappointment or continued employment of a person related to another within either of the prohibited degrees if hired by the university before this policyís adoption. However, no university employee may approve, recommend, or otherwise act with regard to the appointment, promotion, or salary of any person related within either of the prohibited degrees.

 

b.    The president must approve an appointment if it places the person under the direct or indirect supervision of an administrative supervisor related within the specified degree. Additionally, if the appointment, reappointment, or continued employment of a person places such person under an administrative supervisor related within the above specified degree, all subsequent actions with regard to appointment, reappointment, promotion, or salary are the responsibility of the next highest administrative supervisor. It is also the responsibility of the next highest administrator to make a written review of the work performance of such employee at least annually and submit each review for approval or disapproval by the appropriate vice president in the case of classified employees or the president in the case of faculty, administrative, or unclassified employees.

 

c.    The annual presidentís report to the Board of Regents, generated each May, shall report all situations covered by Section 02.03 b.

 

02.04A department may not employ 1) an individual under the age of 19; 2) an individual enrolled in high school pursuing a diploma; or 3) any individual as a student worker if that individual is related within the second degree of affinity or third degree of consanguinity to any employee in that department.

 

03.         PROCEDURES FOR ENFORCING THE POLICY

 

03.01The following individuals will ensure that all individuals hired at Texas State meet the universityís nepotism policy requirements:

 

Responsible Administrator†††††††††††††††††††††††† Category of Employee

 

Provost and Vice President for††††††††††††††††† Faculty

Academic Affairs

†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††

Assistant Vice President for Human††††††† Non-faculty, except students

Resources

 

Department Chair or Director†††††††††††††††††††† Faculty, non-faculty, students

 

03.02Department heads must ensure that employee promotions, reclassifications, transfers, marriages or other status changes do not violate this policy.

 

03.03The assistant vice president for Human Resources is responsible for interpreting the Texas State nepotism policy.

 

03.04Employees may appeal the assistant vice president for Human Resourcesí decisions to the president via the vice president for Finance and Support Services. The presidentís decision is final.

 

03.05The following describe the degrees of consanguinity and affinity referred to in this policy.

 

a.    Consanguinity

 

1)    Individuals are related to each other by consanguinity when one descended from another or they share a common ancestor;

2)    The university considers an adopted child the adoptive parentís natural child; or

3)    With the employee as a starting point, the following describe degrees of consanguinity for the purposes of this policy:

(a)  First degree: parents, son, daughter;

(b)  Second degree: grandparents, grandchildren, brother, sister; and

(c)  Third degree: great grandparents, great grandchildren, uncle, aunt, nephew, niece.

 

b.    Affinity

 

1)†† Persons are related by affinity to the employee if they are:

(a)  married to the employee;

(b)  related by consanguinity to the spouse of the employee; or

(c)  married to a person who is related by consanguinity to the employee.

2)†† The ending of a marriage by divorce or the death of a spouse end relationships by affinity created by that marriage unless a child of that marriage is living, in which case the marriage is considered to continue as long as a child of that marriage lives.

3)†† With the employee as a starting point, the following describe degrees of affinity for the purposes of this policy:

(a)  First degree: spouse and spouse's parents, son, daughter; and

(b)  Second degree: spouse's grandparents, grandchildren, brother, sister.

 

03.06The university encourages department heads to consult the Consanguinity and Affinity Chart when examining their departments for nepotism and to avoid hiring that would violate the universityís nepotism policy and state law.

 

03.07 All employees are required to report persons in their own division who are related within the second degree of affinity or the third degree of consanguinity using the SAP Portal self-service application. Reporting is required upon initial employment and as any changes occur.

 

04.†††††† PROCEDURES FOR PUBLICATION OF THE POLICY

 

04.01The provost and vice president for Academic Affairs will publish the university's nepotism policy in the Faculty Handbook.

 

04.02The assistant vice president for Human Resources will publish the university's nepotism policy in the Staff Handbook.

 

04.03 The director of Career Services will publish a reference to the university's nepotism policy in UPPS No. 07.07.03, Student Employment Procedures.

 

05.†††††† REVIEWERS OF THIS UPPS

 

05.01Reviewers of this UPPS include the following:

††††††††††† Position†††††††††††††††††††††††††††††††††††††††††††††††††††††††† Date

 

††††††††††† Assistant Vice President for Human††††††† October 1 E3Y

††††††††††† Resources

 

††††††††††† Chief Diversity Officer and Director,†††††††† October 1 E3Y

††††††††††† Office of Equity and Access

†††††††††††

Chair, Faculty Senate†††††††††††††††††††††††††††††††† October 1 E3Y

 

Chair, Staff Council††††††††††††††††††††††††††††††††††† October 1 E3Y

 

06.†††††† CERTIFICATION STATEMENT

 

This UPPS has been approved by the following individuals in their official capacities and represent Texas State policy and procedure from the date of this document until superseded.

 

Assistant Vice President of Human Resources; senior reviewer of this UPPS

 

Vice President for Finance and Support Services

 

President