SUBJECT: EMPLOYMENT OF RELATIVES  ( NEPOTISM RULE)                                             

APPLICABILITY: ALL FACULTY AND STAFF (INCLUDING TEMPORARY PART TIME EMPLOYEES)

1. Employment of Relatives: State Law prohibits the employment of persons related within the second degree by affinity (marriage) or within the third degree of consanguinity (blood) to any officer or member of any board making, voting for, or confirming the employment. Whenever an appointment is made, whether on a regular, temporary, full-time, or a part-time basis, it shall be made solely with regard to the qualifications of the appointee, subject to Chapter 573, Texas Government Code, Sec. 573.041; and subject to the provisions of this policy.

No person shall be employed, appointed, promoted, or transferred, if related within the second degree by affinity or within the third degree of consanguinity to any person employed by the University of North Texas, whose duty would involve acting in any official capacity upon such and employment, promotion, or transfer, regardless of the source of funds for payment of salary; nor shall any person be employed if either person would come under the administrative supervision of the other; or if either would have any official voice in recommending salary increases or promotion in rank for the other.

Where employed in the same college or department, neither shall any person related within the second degree by affinity or within the third degree of consanguinity to the other person serve on those committees whose purpose it shall be to recommend compensation, promotion, or tenure for the other.

2. Relationships Covered by Nepotism Law:

Consanguinity: Two persons are related to each other by consanguinity if one is a descendant of the other or if they share a common ancestor. An adopted child is treated as the natural child of the adoptive parent in this regard. The degree of relationship by consanguinity between a person and the person's descendant is determined by the number of generations that separate them. As the table illustrates, a parent and child are related in the first degree, a grandparent and a grandchild in the second degree, etc. If a person and the person's relative are related by consanguinity, but neither is descended from the other, the degree of relationship is determined by adding the number of generations between the person and the nearest common ancestor of the person and the person's relative; and the number of generations between the relative and the nearest common ancestor.

Affinity: Two persons are related to each other by affinity if they are married to each other or the spouse of one of the persons is related by consanguinity to the other person. Termination of a marriage by divorce or the death of a spouse terminates relationships by affinity created by that marriage unless a child of that marriage is living, in which case the marriage is treated as continuing to exist. A husband and wife are related to each other in the first degree by affinity. For other relationships by affinity, the degree of relationship by affinity is the same as the one by consanguinity. For example, if A and B are related to each other in the second degree by consanguinity, A's spouse is related to B in the second degree by affinity.

3. Responsibility: Department heads and account holders are responsible to determine, to the best of their ability, compliance with this policy. Violation of the nepotism statutes is a misdemeanor involving official misconduct and employees violating this statute are subject to a fine and to removal from office. (Chapter 573, Texas Government Code, Sec. 573.084.)

4. Exceptions: Relationships shall not affect honorary positions or nonremunerative positions.

REFERENCE: Chapter 573, Texas Government Code.