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, spousal relationships, in-law relationships,  domestic partnerships, legal, or financial relationships.  

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.

NON-BARGAINING UNIT EMPLOYEES
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.

REPORTING
If an employee becomes aware of any violation of Board Policy 6105 or this accompanying rule, such violation should be immediately reported to the Director of Human Resources.

Whenever a relationship between employees of the college results in a violation of the board’s nepotism policy, the relationship shall be immediately reported by one or both parties to the Director of 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.

Failure to report violations of this rule may result in disciplinary action in accordance with the applicable collective bargaining agreement of Administrative Rule.  

EXCEPTIONS
Exceptions to Board Policy 6105 or this accompanying rule may be authorized by the college 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; 11/12/21
DATE OF LAST REVIEW: 01/12/12; 11/917