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Employment of Related Persons (Anti-Nepotism) Policy

Version 1 (Current Version)
All Versions:
  • Version 1
PolicyPOL06.05.02
TitleEmployment of Related Persons (Anti-Nepotism) Policy
CategoryHuman Resources
Sub-categoryAppointment, Recruitment, Hiring
AuthorityBoard of Trustees
History

Chancellor: March 31, 2015, Board of Trustees approved new policy November 20, 2015.

Contact

Associate Vice Chancellor, Department of Human Resources (telephone: 252-328-9884); Assistant Vice Chancellor for Personnel and Resource Administration, Academic Affairs (telephone: 252-328-1416); Associate Vice Chancellor, Health Sciences Human Resources (telephone: 252-744-1910); Assistant Director, Office of Research Integrity & Compliance (telephone: 252-328-9474).

Related Policies

NC Office of State Human Resources Selection Policy

UNC General Administration Employment of Related Persons Policy

UNC General Administration Guidelines on Implementing Anti-Nepotism Policy

Policy of the Board of Governors of the University of North Carolina Concerning Improper Relationships between Student and Employees

UNC General Administration Policy on Conflict of Interest and Commitment

Additional References

Faculty Spousal and Domestic Partner Hiring Standard Operating Procedure; N.C. Gen. Stats. Sec. § 138A-40


1. Introduction

This policy serves to uphold the university’s high standards of professional and ethical conduct, specifically with respect to employee interpersonal relationships. The intent of this policy is to provide assurance that all employees are able to work in an environment where they can be objectively supervised and evaluated.

This policy defines the types of employee interpersonal relationships that by their very existence create an inherent conflict of interest that affects an employee’s ability to be objectively supervised or evaluated. This policy also proscribes specified conduct with respect to employee interpersonal relationships and provides for disciplinary action for violations of this policy.

2. Definitions


2.1 Amorous Relationship

An amorous relationship exists when, without the benefit of marriage, two persons voluntarily have a sexual union or are engaged in a romantic courtship (e.g., dating or engaged to be married) that may or may not have been consummated sexually.

2.2 Familial Relationship

A relationship between two related persons. For purposes of this policy, “related persons” includes:

·Husband/Wife

·Domestic Partner

·Parent/Child

·Brother/Sister

·Grandparent/Grandchild

·Aunt/Uncle and Niece/Nephew

·First Cousins

·Guardian/Ward

·Anyone living in the same household or whose relationship is so closely identified with another as to suggest a conflict, or

·Ex-, Step-, Half-, and In-Law relationships as appropriate based on the above list.

The prohibitions in this policy applicable to familial relationships or amorous relationships shall continue after the termination of the relationship (e.g., divorce) until such time as there is no effect upon impartiality.

2.3 Employment Decision

A decision that includes, but is not limited to, one relating to:

·The search, selection, or appointment of an individual to employment

·Establishing the terms and conditions of employment

·Determining compensation

·Evaluating work performance

·Voting for or otherwise considering reappointment, promotion, or tenure

·Issuing disciplinary action

·Instructing or advising

·Any other action that assesses, determines, or influences work performance, career progress, or other employment status.

2.4 Undue Influence

A situation in which an individual is able to persuade another’s decisions due to the relationship between the two parties.

3. Prohibited Conduct

3.1 Employment Decisions

A University employee shall not have or share authority for employment decisions or exert undue influence on employment decisions for an employee with whom the individual has or has had an amorous or familial relationship.

4. Duty to Disclose

All actual or potential conflicts of interest created by an amorous or familial relationship as defined in this policy shall be disclosed to the Department of Human Resources, and to the appropriate vice chancellor/the chancellor when an Exempt from Human Resources Act (EHRA) employee is involved, in order to avoid a potential violation of this policy. An EHRA employee must also disclose such a relationship to the Office of Research Integrity and Compliance as a potential or actual conflict to the extent required by East Carolina University’s PRR on Conflict of Interest and Commitment and as required by the UNC Policy on Conflict of Interest and Commitment.

4.1 New Employee

Upon hire, all new employees have a duty to disclose any actual or potential conflicts of interest created by an amorous or familial relationship as defined in this policy by contacting the Department of Human Resources and appropriate vice chancellor/the chancellor when an EHRA employee is involved.

4.2 Change in Status

A change in an employee’s status (i.e. employment, or personal relationship) that would establish an actual or potential violation of this policy (where one did not exist previously) creates a duty to disclose the actual or potential conflict of interest by contacting the Department of Human Resources and appropriate vice chancellor/the chancellor when an EHRA employee is involved. For example, an employment action (i.e., new hire, promotion, position reclassification, reassignment of job responsibilities) or a decision of two employees to begin dating may result in a potential violation of policy as described in section 3.1.

4.3 Failure to disclose an actual or potential conflict of interest or failure to disclose in a timely manner shall constitute a violation of this policy.

5. Conflict Management Plan

Upon appropriate disclosure pursuant to section 4 and where determined to be appropriate, Human Resources, or the appropriate vice chancellor/the chancellor when an EHRA employee is involved, will oversee the development, approval and monitoring of a conflict management plan to avoid a violation of this policy. Conflict management plans will be reviewed and approved by the above-mentioned offices as well as the Office of Research Integrity and Compliance. Failure to adhere to an approved conflict management plan shall constitute a violation of this policy.

6. Disciplinary Action

Employees who violate this policy will be subject to disciplinary action up to and including dismissal. Such disciplinary action shall be conducted in accordance with existing University policies and procedures.

7. This policy is not intended to impede hiring of faculty spouses/partners as outlined in the Faculty Spousal and Domestic Partner Hiring Standard Operating Procedure. Hiring of faculty spouses/partners must be in compliance with this Anti-Nepotism policy.

8. Reporting

The Chancellor shall report annually to the Board of Trustees, at the regular meeting falling closest to the date of commencement, concerning all specific cases during the preceding year in which the terms of this policy were applied.

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