01.01 This UPPS explains the nepotism and related
employment policies of the University. It conforms to the policy set forth in
the Rules and Regulations of the Board of Regents, Texas State University
System.
02.01 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 and subject also to the provisions of
this UPPS and Section 2.2 of Chapter V of the Rules and Regulations of the
Board of Regents, Texas State University System.
02.02 In accordance with the prohibition of Government
Code Ch. 573, no person related to any member of the Board of Regents within
the second degree of affinity or within the third degree by consanguinity is
eligible for appointment to any position with the University when that person’s
compensation is paid from public funds.
a.
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 Board of Regents related to such person
within the prohibited degree, nor does it prohibit honorary or non-remunerative
positions.
b.
The prohibition of Government Code Ch.
573 applies to all programs administered under the Board of Regents and may not
be waived.
c.
When a person is allowed to continue
employment because of the operation of the exception specified by Section 02.02
a. above, TSUS Board Rules require that the board member who is related to such
person shall not participate in the deliberation or voting upon the
appointment, employment, confirmation, reemployment, change in status,
compensation, or dismissal of such person, if such action applies only to such
person and is not taken with respect to a bona fide class or category of
employee.
02.03 Even
though the appointment of a person is not prohibited by Government Code Ch.
573, the President must approve in advance the employment of any 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.
a. This policy does not prohibit the
reappointment or continued employment of any person related to another within
either of the prohibited degrees who was employed at the University before the
adoption of this policy. 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.
b. Any
appointment of a person that places such person under the direct or indirect
supervision of an administrative supervisor related within the specified degree
must be approved by the President. 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.
c.
The
annual President’s Report to the Board, generated each May, shall report all
situations covered by Section 02.03 b.
02.04 A department may not employ an individual
under the age of nineteen, including university student workers and those
actively enrolled in high school pursuing a diploma, if that individual is
related within the second degree of affinity or third degree of consanguinity
to any employee in that department.
03.01 The
responsibility for checking all new hires to ensure that no individuals are
hired at Texas State University-San Marcos who do not meet the requirements of
the University's nepotism policy is as follows:
Responsible Administrator Category
of Employee
VPAA Faculty
Director, Human Resources Non-faculty, except
students
Director, Career Services Students
Department Chair Faculty,
Non-faculty, Students
03.02 Individual department heads are responsible
for ensuring that employees who are promoted, reclassified, transferred,
married, or have any other type of status change are not placed in violation of
the nepotism policy.
03.03 The Director of Human Resources is responsible
for interpreting the Texas State nepotism policy.
03.04 Employees
may appeal the Director of Human Resources’ decisions to the President via the
Vice President for Finance and Support Services. The President’s decision is
final.
03.05 The following describe the degrees of
consanguinity and affinity referred to in this UPPS.
a. Consanguinity
1) Two
persons are related to each other by consanguinity if one is a descendant of
the other, or if they share a common ancestor.
2) An adopted child is treated as the natural
child of the adoptive parent in this regard.
3) With the officer or employee as a starting
point, the following describe degrees of consanguinity for the purposes of this
UPPS:
a) First degree: father, mother, son, daughter
b) Second
degree: grandparents, grandchildren, uncle, aunt, first cousin, nephew, niece,
brother, sister
c) Third
degree: great grandparents, great grandchildren, great uncle, great aunt,
children of great uncle or great aunt, second cousin, children of first cousin,
grand nephew, grand niece
NOTE: spouses or relatives described
in the above degrees are considered related to the officer or employee at the
same degree.
b. Affinity
1) Persons
are related by affinity to the officer or employee if they are:
a) married
to the officer or employee,
b) related
by consanguinity to the spouse of the officer or employee, or
c) married
to a person who is related by consanguinity to the officer or employee.
2) The
ending of a marriage by divorce or the death of a spouse end 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 officer or employee as a starting
point, the following describe degrees of affinity for the purposes of this
UPPS:
a) First degree: spouse and spouse's father,
mother, son, daughter
b) Second
degree: spouse's grandparents, grandchildren, uncle, aunt, first cousin,
nephew, niece, brother, sister
c) Third
degree: spouse's great grandparents, great grandchildren, great uncle, great
aunt, children of great uncle or great aunt, second cousin, children of first
cousin, grand nephew, grand niece
03.06 Department
heads are encouraged to consult with the chart (Attachment
I) to determine whether nepotism exists in their department and to use it
as a tool for avoiding hiring practices which would violate the University’s
nepotism policy and state law.
04.01 The
Vice President for Academic Affairs will publish the University's nepotism
policy in the Faculty Handbook.
04.02
The Director of Human Resources will publish the University's nepotism policy
in the Staff Handbook.
04.03
The Director of Career Services will publish a reference to the University's
nepotism policy in the Student Employment UPPS (UPPS No. 07.07.03).
05. REVIEWERS
OF THIS UPPS
05.01 Reviewers
of this UPPS include the following:
Position Date
Director, Human Resources June 1 E2Y
University Attorney June 1 E2Y
Chief Diversity Officer and Director,
Office of Equity & Access June 1 E2Y
Chair, Faculty Senate June 1 E2Y
Chair, Staff Council June 1 E2Y
06. CERTIFICATION
STATEMENT
This
UPPS has been approved by the following individuals in their official
capacities and represents Texas policy and procedure from the date of this
document until superseded.
Director
of Human Resources; senior reviewer of this UPPS
Vice
President for Finance and Support Services
President