Personnel
Nepotism (6.23)
PURPOSE
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. Under Tennessee Code
Annotated 831102, a relative is defined as "a
parent, foster parent, parentinlaw, child, spouse,
brother, foster brother, sister, foster daughterinlaw,
sisterinlaw or other family member who resides in
the same household."
POLICY
Tennessee State University prohibits the placement of employees
within the same line of supervision where one relative is responsible
for supervising the job performance or work activities of another
relative. The Tennessee State University employment application
shall serve as a mechanism whereby the University discerns kinship
and ensures compliance.
PROCEDURE
Specifically, the University's policy on nepotism shall be
applied as follows:
1. The nepotism policy shall apply to any person who is employed
as a fulltime, parttime, student or temporary employee
of the University.
2. The nepotism policy shall 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 the policy.
3. The employment of relatives shall be 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.
Pursuant to Provision 3, a relative may serve an administrative
function within the same institution as long as the duties do
not require or include participation in the process of review,
recommendation and/or decision making in any manner concerning
hiring, opportunity, activities, promotion, salary, retention
or termination of a relative as defined by T.C.A. 831102.
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 the institution while the
administrator has a relative who is a faculty or staff member.
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
applicant on merit and without consideration of relationship to
another employee. Prior to hiring any individual, the Personnel
Department shall review for compliance with the Nepotism policy.
6. Prospective applicants for employment who pose potential violation
of the policy shall be requested to reapply for other vacant
positions for which they qualify.
7. The University may remedy any violation of this policy by voluntary
or involuntary transfer or by termination when appropriate.
8. The provisions of this policy shall not be construed to limit
the hiring, promotion or employment opportunities of any particular
group of applicants.
REFERENCES
Tennessee Code Annotated 831102
Supersedes "Nepotism" Policy No. 5:08 in the UniversityWide
Policy Manual