3090 Nepotism

Initial Date of Approval: 11/7/19

Revision Date(s): 

Administrative Responsibility: Vice President of Human Resources

PURPOSE

The employment of relatives can cause various problems including but not limited to charges of favoritism, conflicts of interest and scheduling conflicts that may have a negative impact on Skagit Valley College (SVC) and/or its employees. The protection of SVC as well as its employees requires certain safeguards from potential or perceived conflicts of interest. This policy shall apply to all current SVC employees including hourly, student employees and volunteers, as well as Board members seeking employment with SVC. This policy is intended to provide guidelines for the hiring of persons who may be related to employees of the College or members of the Board of Trustees for SVC.

REFERENCES

• RCW 42.52 Ethics in Public Service
• RCW 42.52.070 Special Privileges
• RCW 42.52.020 Activities Incompatible with Public Duties
• RCW 49.60.180 Unfair practices or employers.
• WAC 162-12-140 Pre-employment inquiries
• WAC 162-16-240 Bona fide occupational qualifications
• WAC 162-16-250 Discrimination marital status
• WAC 357-01-172 Family members.
• Collective Bargaining Agreements

POLICY

It is the policy of Skagit Valley College to recruit and retain the best qualified individuals for each employment opportunity and consideration shall be based solely on merit.

Family/household relationships shall not be used as a basis for determining or denying rights, privileges or benefits associated with employment opportunities. Discrimination against an employee or an applicant because of marital status or any other relationship with another employee is not allowed. Members of the same family may be appointed to positions when it has been determined that they are the most qualified candidates, and when SVC has determined that the working relationship will not create a conflict of interest or the appearance of favoritism.

However, a person may not be hired into a position that would result in a relationship where an employee is involved in the recruitment, screening, appointment, termination of appointment, promotion, demotion, approval of salary increase or decrease, supervision, or evaluation of the employee’s relative or household member (as defined above ).

Members of an immediate family or household (spouses, siblings, significant others, parents, children or household members) shall not serve on screening committees or recommend employment of family or household members, nor shall members of the same family/household work in an immediate supervisor/subordinate relationship.

Family/household members shall not be assigned to the same department, if such relationship would create potential problems of safety, morale, security or conflicts of interest. Family/household members may be employed in the same department or other comparable administrative unit except in the following situations:

• When one member of a family/household is responsible for making decisions in personnel matters involving the appointment tenure, retention, or salary of another member of the same family.
• When one member of a family/household is directly responsible for leading, auditing the work, scheduling, assigning work, offering overtime, offering contracts/moonlight assignments, evaluating, supervising, or is in the supervisory chain of command of another member of the same family/household.
• When other circumstances exist which place members of the same family/household in situations of actual conflict between the interests of the College and the interests of the family/household members.

Employees are required to disclose to Human Resources any relationship that violates or has the potential to violate this policy to ensure timely resolution.

Employees who witness or perceive a conflict of interest in employment because of a relationship of relatives/household members may contact their supervisor or Human Resources without fear of retaliation.

Related employees, employed prior to the effective date of this policy, will continue their employment in their current position but the college will evaluate the supervisory relationship and make changes when there is a conflict of interest.

Should a situation develop whereby an employee is in a working relationship with a relative/household member where they are involved in the recruitment, screening, appointment, termination of appointment, promotion, demotion, approval of salary increase or decrease, supervision, or evaluation of the employee’s relative/household member, that situation must be brought to Human Resources immediately .

The employee shall be advised of available alternatives, which may include voluntary transfer (if feasible) to other departments on campus. Such employee shall be given the opportunity to select among the alternatives. If there is no alternative available, or the employee is unable to agree upon any such alternative, then Human Resources shall take appropriate action to remedy the situation. Such action may include an involuntary transfer or termination of employment, in accordance with all laws and any applicable collective bargaining agreements.

Failure to follow this policy may result in disciplinary action up to and including termination.

DEFINITIONS

Members of an immediate family/household member: Spouses, siblings, parents, children, grandparents, grandchildren, nieces, nephews, in-laws, domestic partners/significant other, and persons in a co-habitation relationship, as well as their family members. Family/household member shall also include a child in the custody of and residing in the home of the employee, foster children, step-parents, step-children, step-siblings, step- grandparents and step-grandchildren.

Board Member: Any member of the Board of Trustees for Skagit Valley College as appointed by the Governor of the State of Washington.

Conflict of Interest: Occurs whenever an employee may have an interest, financial or otherwise, direct or indirect, or engages in a business or transaction or professional activity that is in conflict with the proper discharge of the employee’s duties. Supervision of others, including members of an employee’s family household, or someone that the employee is dating, that may result in an interest to the employee is considered a conflict of interest.

Member of the Household: Any person living in the employee’s home and at the same address as the employee.

Nepotism: The practice of showing favoritism to relatives (family) in hiring and employment practices.

Supervise: To have the authority to appoint, terminate, promote, demote, discipline, affect compensation or benefits, or determine any other terms or conditions of employment or to recommend or have substantial effect on same.

Spouse: A person related by marriage or commitment as a domestic partner for the purpose of relationship.