Policies and Procedures Manual

Chapter 5: Personnel

05:04:06   Nepotism

(TBR Guideline P-090)
(TBR Policy 5:01:00:06)

Pursuant to Chapter 789 of the Tennessee Public Acts of 1980, (T.C.A. 8-31-101, et. seq.) the following shall be the nepotism policy for the Tennessee Board of Regents System.  The nepotism policy applies to any person who is employed as a full-time, part-time, student or temporary employee by the College.

  1. Effective July 1, 1980, no employees of this 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 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 this 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 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 60 days, the president 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 takes appropriate action to ensure that employees neither initiate nor participate in institutional decisions involving a direct benefit (retention, promotion, salary, leave, etc.) to a relative.
     
  4. The nepotism policy shall not be used or considered in the granting of tenure.
     
  5. 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.
     
  6. Responsible officials shall apply the foregoing in a nondiscriminatory manner and shall ensure that the implementation of this policy does not adversely affect employees of one sex over those of the opposite sex.


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Divisional Review Responsibilities Checklist: Human Resources

Revision History: August 2009, May 2011