UPPS 04.04.07 - Nepotism and Related Employment

POLICY STATEMENT

Texas State University prohibits the preferential treatment or perceived preferential treatment of an individual based on a familial relationship.

1. SCOPE

   1. This 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.

2. TEXAS STATE UNIVERSITY SYSTEM RULES AND REGULATIONS REGULATING THIS POLICY

   1. The 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, the provisions of this policy, and Chapter V, Section 2.2, TSUS Rules and Regulations.

   2. In 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 person’s compensation is paid from public funds.

      1. 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 TSUS Board of Regents related to such person within the prohibited degree, nor does it prohibit honorary or non-remunerative positions.

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

      3. When the university allows a person to continue employment under the exception specified in Chapter V, Subparagraph 2.221, the TSUS Rules and Regulations 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.

   3. Even though Government Code Ch. 573 does not prohibit a person’s 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.

      1. 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 policy’s 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.

      2. The president must approve, in writing, 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.

      3. As requested by TSUS, the university will provide a report to the TSUS Board of Regents identifying all situations covered by Chapter V, Subparagraph 2.231 of the TSUS Rules and Regulations.

      4. Student employees and permissible minor hires over the age of 16 who are related to current university employees require particular attention to avoid selection based on undue influence or preferential treatment in assignments. In addition to the other requirements contained in this policy, supervisors who wish to select a student employee or minor who is related to another university employee must consult directly with their Human Resources business partner to ensure that the appropriate steps have been taken to avoid the appearance of any potential impropriety.

3. PROCEDURES FOR ENFORCING THIS POLICY

   1. The following individuals will ensure that all individuals hired at Texas State meet the university’s nepotism policy requirements:

      Responsible Administrator	Category of Employee
      Provost and Executive Vice President for Academic Affairs	Faculty
      Associate Vice President and Chief Human Resources Officer (AVP/CHRO)	Non-faculty
      Department Chair or Director	Faculty, non-faculty, students

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

   3. The assistant director of Human Resources Operations is responsible for interpreting the Texas State nepotism policy.

   4. Employees may appeal the decision to the AVP/CHRO. The decision of the AVP/CHRO is final.

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

      1. 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 parent’s natural child.

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

            1. First degree – parent, child;

            2. Second degree – grandparents, grandchildren, brother, sister; and

            3. Third degree – great-grandparents, great-grandchildren, uncle, aunt, nephew, or niece.

      2. Affinity

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

            1. married to the employee;

            2. related by consanguinity to the spouse of the employee; or

            3. 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 ends 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:

            1. First degree – spouse and spouse’s parents, child; and

            2. Second degree – spouse’s grandparents, grandchildren, brother, sister.

   6. The 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 university’s nepotism policy and state law.

   7. All employees are required to report persons in their own department 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.

4. REVIEWERS OF THIS UPPS

   1. Reviewers of this UPPS include the following:

      Position	Date
      Associate Vice President and Chief Human Resources Officer	October 1 E5Y
      Assistant Director, Human Resources Operations	October 1 E5Y
      Chair, Faculty Senate	October 1 E5Y
      Chair, Staff Council	October 1 E5Y

5. 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.

   Associate Vice President and Chief Human Resources Officer; senior reviewer of this UPPS

   Executive Vice President and Chief Operating Officer

   President