Nepotism

Where I work, there is a nepotism policy that states:


(A) No relative of a trustee may be considered for appointment to any position at the College until all other sources of candidates have been explored and unless no equally qualified candidate is available.

(B) An individual may not be employed or assigned to an organizational unit in which supervisory authority and/or responsibility directly affecting that organizational unit is provided by a relative of the individual. An employee may neither initiate nor participate in institutional decisions involving a direct benefit to relatives such as initial employment, retention, evaluation, promotion, compensation, and leave of absence.

(C) For purposes of this policy, the following definitions apply:

(1) "Employee" means anyone with full-time or part-time status and with a regular or temporary appointment.

(2) "Relative" includes anyone who is related as parent, spouse, child, sibling, grandparent, in-law, step-parent, step-child, uncle, aunt, nephew, or niece.

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Under one director, there is a wife, the husband and the wife's mother.
There is also an ex-step mother and her ex step daughter and her husband.
The step mother hired the live in girl friend of a person that also worked in the department
There is also a mother whose daughter also works in the department.
Is any of this in violation?
The step mother(she wasn't an ex) put me in charge of her step daughter and her son-in law.
She is a step below the director and a peer to the other clan who has a mother in law.
Does this violate theior policy?

1 answer  |  asked Jun 25, 2009 8:01 PM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
I am not entirely clear on the facts. My reading of the policy is that it prohibits a relative from supervising another relative. It sounds like the step mother may be in the supervisory chain of command with respect to the step daughter and son in-law who report to you.

From a legal perspective, however, the bigger question is whether the policy is binding on the college with the force of a contract. Unless the facts and circumstances show that the college intended to be bound to this policy as though it were a contract, it may have no more force than a mere guideline. In other words, the college may aspire to live up to this policy but, if they do not, you cannot go to court and sue for breach of contract.

posted by Neil Klingshirn  |  Jul 10, 2009 4:59 PM [EST]

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