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Nepotism Policy
Board of Governors Policy 1.2.060
Approved by the Board of Governors on April 28, 2017

University of Central Missouri Policy

Policy Name:  Nepotism Policy

Date Approved:  June 21, 2000; revised and approved April 28, 2017

Policy Category: Board of Governors – University Operation

Date Effective:  April 28, 2017

Policy Number: 1.2.060

Date Last Revised:  April 28, 2017

Approval Authority: UCM Board of Governors

Review Cycle: 4 years

Responsible Department: Office of Human Resources

 

Purpose/Policy Statement

The university upholds Article VII, Section 6 of the Missouri State Constitution, which provides that any public officer or employee in this state who, by virtue of public office or employment, names or appoints to public office or employment a relative shall thereby forfeit office or employment.

No officer or employee may participate, either directly or indirectly, in a decision to appoint, hire, reappoint, re-hire, reassign, promote, or discipline an employee of the university who is a relative of such officer or employee. Similarly, an employee may not supervise, either directly or indirectly, the work of another employee who is a relative of the supervising employee, unless the supervisory role is specifically approved by the president of the university. This policy applies to decisions regarding full-time, part-time, paid, unpaid, and volunteer positions.  

When an employee becomes aware that the performance of any employee’s duties would cause a violation of this policy, the employee so aware shall follow the procedures below.

In the event that the president of the university is prohibited from acting on a personnel matter by the provision of this section, the procedures listed below shall apply.

Scope

This policy applies to university officer and employee involvement in the employment of relatives.

Definitions

Relative. For purposes of this policy, “relative” means any relative within the 4th degree by consanguinity (blood) or affinity (marriage or adoption). An affinity relationship by marriage terminates with death or divorce. The 4th degree includes spouses, domestic partners, parents, children, grandparents, siblings, grandchildren, great-grandparents, aunts/uncles, nieces/nephews, great-grandchildren, great-great-grandparents, great-aunts/uncles, first cousins, great-nieces/nephews, and great-great-grandchildren. Half-blood relatives are considered the same as whole-blood. Stepchildren, stepparents, etc. are considered the same as blood relatives of the person or the person’s spouse or domestic partner.

Senior administrator.  Employees holding the position of president, provost/chief learning officer, senior vice president, vice president, or vice provost.

Procedures

I.  Reporting and resolution

In any circumstance in which any employee becomes aware that the employee’s own or another employee’s duties would cause a violation of the policy above, the employee so aware shall notify the Office of Human Resources. No retaliatory action will be taken for any such report made in good faith.

If the associate vice president of human resources, after consultation with the appropriate senior administrator(s), determines that a possible violation of the policy has occurred or is at risk of occurring (for example, if the subject employee may be placed in a position of supervising a relative in conjunction with a promotion to a supervisory position), the associate vice president of human resources or an appropriate designee will investigate the facts as needed and will notify the subject of the investigation, within 10 (ten) days, unless the subject has self-reported or notification would limit the effectiveness of the investigation. The associate vice president of human resources or designee will present a summary of the relevant facts found and notify the appropriate senior administrator(s) as to whether a violation has occurred or is at risk of occurring. 

If it is determined by the associate vice president of human resources or designee that a violation has occurred or is at risk of occurring, the matter will be referred to the appropriate senior administrator(s) for appropriate action. Action will be based on the extent and nature of the violation or potential violation (including the subject employee’s relevant intent), the position held by the employee(s) at issue, and the availability of appropriate alternative arrangements to avoid future violation. Disciplinary action, if appropriate, will be consistent with applicable UCM policies, procedures, and/or memorandums of understanding.

II. Presidential prohibition on acting on a personnel matter under the policy above

The president, vice president, and secretary of the Board of Governors will act as a committee of the Board of Governors with full authority to act on the board's behalf in all personnel matters in which the president of the university is prohibited from acting by the provisions of the policy above. In such cases, this committee shall have all the authority normally delegated to the president of the university, and shall act in place of the president of the university, with respect to evaluation of applicants and other activities prohibited by the policy above. The usual and customary policies and procedures relating to these activities shall apply, except that this committee of the board shall perform the duties of the president of the university. This standing committee shall review the recommendations generated by the usual and customary policies and procedures and make its own independent determination as to whether such recommendations should be accepted. The president of the Board of Governors is authorized to carry out the determinations of the standing committee and to execute such documents and take such steps necessary for this purpose.