POLICY #5.18 
SUBJECT: Nepotism

I. PURPOSE

The purpose of this Policy is to outline the University's policy toward employment, supervision, or recommendation of relatives and/or household members, regardless of time worked, in order to promote the public interest, to avoid the possibility of personal bias, and to strengthen public confidence in the integrity of the University. This policy applies to all University employees including all faculty, staff, academic staff, and administrators.

II. REFERENCES

1. Southern Utah University Policy 5.63 Restrictions on Faculty/Staff Relationships with Subordinate Employees and Students
2. Southern Utah University Policy 6.28 Faculty Professional Responsibility
3. Southern Utah University Policy 8.3.5 Termination of non-Academic Staff Employees and Disciplinary Sanctions
4. Utah Code § 52-3-1 Employment of relatives and household members prohibited -- Exceptions
5. Utah Code § 63G-7-301(4) Governmental Immunity Act of Utah -- Waivers of immunity
6. Utah Code § 67-16-7 Disclosure of substantial interest in regulated business -- Exceptions

III. DEFINITIONS

1. Household Member: A person who resides in the same residence as an employee.
2. Relative: A family member including father, mother, husband, wife, son, daughter, sister, brother, grandfather, grandmother, uncle, aunt, nephew, niece, grandson, granddaughter, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law.
3. University Employee: Faculty member, staff member, student employee, or administrator whose salary, wages, pay, or compensation is paid from University funds.
4. University Officer: An employee who holds a position that has authority to hire, directly supervise, evaluate job performance, and/or recommend salary increases for a University Employee.

IV. POLICY

1. A University Officer may not employ, appoint, vote for, or recommend the appointment of a University Employee when the University Employee will be directly supervised by a Relative or Household member.
   1. Exceptions may be granted under the following circumstances:
      1. The University Employee will be employed for a period of 12 weeks or fewer;
      2. The University Employee is a volunteer as defined by the employing entity;
      3. The University Employee is the only person available, qualified, or eligible for the position; or
      4. The University President determines that the University Officer is the only individual available or best qualified to perform supervisory functions for the University.
2. A University Officer may not directly supervise a University Employee who is a relative or Household member of the University Officer.
   1. Exceptions may be granted under the following circumstances:
      1. The University Employee will be employed for a period of 12 weeks or fewer;
      2. The University Employee is a volunteer as defined by the employing entity;
      3. The University Employee is the only person available, qualified, or eligible for the position; or
      4. The University President determines that the University Officer is the only individual available or best qualified to perform supervisory functions for the University.
3. Disclosure Requirements. When a University Officer is on notice that they supervise a Relative or Household Member, the University Officer shall submit a complete written disclosure of the University Officer's relationship with the Relative or Household Member.
   1. A University Officer shall make the disclosure:
      1. Upon first becoming a University Officer; or
      2. Whenever the University Officer or Relative or Household Member's position changes in such a way that the University Officer will have authority to hire, directly supervise, evaluate job performance, and/or recommend salary increases for a Relative or Household Member.
   2. The disclosure shall be a sworn statement filed with the University Officer's direct supervisor.
      1. The sworn statement is public, and the University shall make the disclosure available for public inspection.
4. The University President has final discretion to grant or deny any request for an exception. For the purposes of this Policy, the University President designates that authority to the Director of Human Resources.
   1. Upon being granted an exception, a University Officer will work in good faith with their direct supervisor and Human Resources to manage any supervisory relationships between the University Officer and a Relative or Household Member.
   2. However, under no circumstance, may a University Officer evaluate the job performance of or recommend salary increases for a Relative or Household Member.
5. Any violation of this Policy is separate and distinct from violations under SUU Policies 5.27 and 5.60. To learn more about these standards and requirements and/or to report sex discrimination or sexual harassment, please see SUU Policies 5.27 and 5.60.
6. Violations of this Policy are subject to disciplinary action, up to and including termination.

V. RELEVANT FORMS/LINKS

N/A

VI. QUESTIONS/RESPONSIBLE OFFICE

The responsible office for this Policy is the Vice President for Finance. For questions about this Policy, contact the Office of Human Resources.

VII. POLICY ADOPTION AND AMENDMENT DATES

Date Approved: November 2, 1990

Amended: November 12, 2004; January 21, 2022