ADMINISTRATIVE RULE NO: 6105-01

RELATED TO POLICY NO: 6105

TITLE: NEPOTISM

PURPOSE

To avoid disparate treatment or the appearance of disparate treatment that may result from supervisory relationships involving blood relatives, in-law relationships, or domestic partnerships.

STATEMENT

BARGAINING UNIT EMPLOYEES

Nepotism guidelines for employees subject to collective bargaining agreements shall be governed by the respective agreements; failing such provisions Board Policies and Administrative Rules shall apply.

No person, regardless of their employee group, shall be assigned to a position (including student positions) if:

  1. That person’s “family member” has a supervisory authority over the position or can effectively influence that supervision.
    1. The following people shall be defined as “family members” for the purposes of this Administrative Rule: husband, wife, domestic partner, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, stepparent or stepchild or equivalent relatives of an employee with a domestic partner.
  2. For the purposes of this rule “supervisory authority” includes but is not limited to:
    1. Hiring or recommending hiring;
    2. Terminating employment;
    3. Assigning work;
    4. Reviewing work;
    5. Scheduling work;
    6. Resolving grievances;
    7. Providing input to the performance evaluation process;
    8. Preparing/conducting performance evaluations;
    9. Recommending salary adjustments or reclassification.
  3. An economic or legal relationship exists between the supervisor and the employee which would substantially interfere with the supervisor’s ability to supervise, or creates an actual or perceived conflict of interest.

Whenever a relationship begins between employees of the college that results in a violation of the board’s nepotism policy, the relationship shall be immediately reported to Human Resources. The college may reassign or transfer either person when such reassignment or transfer would eliminate the potential for creating a detrimental effect in the workplace due to nepotism.

Exceptions to Board Policy 6105 may be authorized by the president. The president shall consider the following factors when contemplating requests for exceptions:

  1. Whether the college would realize sound instructional or administrative benefits through the granting of an exception;
  2. Whether the college can be assured that the exception would not compromise its ability to effectively and fairly evaluate employee performance and otherwise protect the interests of students, employees, and the district as a whole; and
  3. Whether the college has fully investigated alternatives to the proposed arrangement, and found these alternatives unworkable.

In the event that a supervisory relationship between relatives directly involves the President, an exception may only be made with the expressed approval of the Board of Education.

DATE OF ADOPTION: 02/02/10

DATE(S) OF REVISION(S): 01/12/12; 11/9/17

DATE OF LAST REVIEW: 01/12/12; 11/917