I. Purpose
These procedures are established to implement the Anne Arundel Community College board of trustees' Nepotism and Personal Relationships Policy.
II. Scope and Applicability
A. The procedures apply to all students, faculty and staff, including temporary employees, contractual employees, student employees, and adjunct faculty.
B. To the extent that any provisions in the College Manual conflict with the policy or these procedures, the policy and procedures will prevail.
III. Definitions
A. All capitalized terms in these procedures have the meanings provided in the policy.
B. All other capitalized terms in these procedures have the following meanings:
1. EDHR is the executive director of Human Resources.
2. Employee collectively refers to all officers, administrators, staff, temporary employees, contractual employees, student employees, full time faculty and adjunct faculty.
3. VPL is the vice president of Learning.
IV. General Prohibition
A. An employee may not directly participate in a college decision that would involve a direct benefit or detriment to a relative or individual with whom the employee has a personal relationship.
B. Throughout these Procedures, the prohibitions and duty to report a relationship includes former relatives and individuals with whom the employee has a former personal relationship.
V. Search Committees, Promotion and Tenure Committees, and Sabbatical Committees
A. Under no circumstances should any employee exert undue pressure on any search committee, promotion or tenure committee or sabbatical committee with regard to an applicant or candidate who is a relative or with whom the individual has a personal relationship.
B. If an employee becomes aware that an applicant for a position in which the employee will serve on the search committee or be involved in the selection process is a relative or individual with whom the employee has or develops a personal relationship with during the hiring process, the employee is required report the relationship to the chair of the search committee or if the employee is the chair of the search committee or there is not a search committee, to the EDHR or designee.
1. The chair of the search committee or EDHR or designee will replace the employee on the search committee.
2. The applicant for the position also has a duty to report if an Employee who is the applicant’s Relative or with whom the applicant has or develops a Personal Relationship is involved in the hiring process.
C. Any faculty member serving on a promotion, tenure or sabbatical committee that is reviewing a Relative or individual with whom the faculty member has or develops a Personal Relationship must recuse themselves. Upon recusal, the faculty member may be replaced with another faculty member by the committee.
VI. Working for the Same Supervisor
A. When Employees who are Relatives or in a Personal Relationship are recommended to work for the same supervisor, the arrangement must be approved in advance by the EDHR or designee.
B. If such an appointment is contemplated, the impacted Employees must report the relationship to the potential supervisor and the EDHR or designee.
C. If Employees develop a Personal Relationship while working for the same supervisor, the Employees are required to report the relationship to the EDHR or designee, who may approve the arrangement or may change supervisory roles, in the sole discretion of the EDHR or designee.
VII. Development of a Supervisor-Subordinate Relationship After Employment
A. If a supervisor-subordinate relationship develops between employees who are relatives or who have a personal relationship during employment, both employees are required to notify their supervisor and the EDHR or designee immediately. The requirement to report includes relationships that exist at the time these procedures are adopted.
B. If a personal relationship develops between employees who are in an existing supervisor-subordinate relationship, both employees are required to notify their supervisor and the EDHR or designee.
C. Upon receipt of a report, Human Resources shall take action to ensure that the supervisor-subordinate relationship ends, which may include the following:
1. Transfer to another division or department
2. Reassignment to another position that removes the supervisor-subordinate relationship
3. Removal of supervisory authority
4. Separation of one or more of the employees involved in the supervisor-subordinate relationship.
D. If actions to avoid a supervisor-subordinate relationship between relatives or individuals who have a personal relationship are not feasible, the next highest supervisor of the employees may request an exception to the prohibition against such employment.
1. The request shall be made in writing to the EDHR or designee and shall address:
a. The unique circumstances that prevent actions to avoid a supervisor-subordinate relationship among the employees
b. The specialized qualifications of the employees or other factors that demonstrate why the continued employment of both employees is in the best interest of the college despite the supervisor-subordinate relationship
c. Proposed measures to restrict participation of the supervising employee in any personnel actions affecting the subordinate employee, including specific alternative procedures for the ongoing supervision and evaluation of the subordinate.
2. The EDHR or designee will review the request and will consider whether the continued employment of both employees will create a substantial appearance of impropriety or lack of reasonable objectiveness that cannot be mitigated by the proposed measures.
3. If the EDHR or designee believes it is in the best interests of the college to approve the request, the EDHR or designee will submit a recommendation to the vice president in the supervisory chain for the employees.
a. If the vice president is one of the employees involved, the EDHR or designee will submit the recommendation to the president.
b. The president may not supervise a relative or have a personal relationship with a subordinate.
4. If the vice president or president approves the recommendation in writing, the employees may remain in the supervisor-subordinate relationship and must adhere to the proposed measures stated in the request and any additional measures stated by the EDHR or designee and/or vice president or president in the written approval.
5. If the vice president or president denies the recommendation in writing, the EDHR or designee must separate one or both of the employees from the college and will notify the employee(s) in writing.
E. Employees who are relatives or in a personal relationship may not be employed in a supervisor-subordinate relationship without the approval of such a request by the vice president or president.
VIII. External Evaluations
A. No employee may participate with an external accrediting agency or evaluation team in which a Relative or individual with whom the employee has a personal relationship is a member.
B. An employee who is aware that a relative or individual with whom the employee has a personal relationship is a member of the external accrediting agency or evaluation team must report this information to the VPL or the president.
C. The VPL or president will replace the employee with respect to the employee’s role in participating in the review or evaluation by the accreditor.
IX. Disciplinary Matters
A. An employee may not be involved in any investigation or decision with regards to a disciplinary matters involving another employee who is a relative of the employee or in a personal relationship with the employee, except as a witness.
B. An employee may not be involved in any investigation or decision with regards to disciplinary matters, including allegations of violation of the Code of Student Conduct or academic misconduct, involving a student who is a relative of the employee or in a personal relationship with the employee, except as a witness.
X. Student Course Registration, Enrollment and Clinical Settings
A. A faculty member shall not teach or evaluate a relative, individual with whom the faculty member has or develops a personal relationship or another employee who is a subordinate in any course or clinical settings to which they are assigned.
B. A faculty member must immediately report the registration, enrollment and/or assignment of a relative, individual with whom they have a personal relationship, or subordinate employee in any course(s) or clinical setting(s) to which they are assigned to the appropriate academic dean.
C. Upon receipt of the report, the dean will work with the registrar’s office and the student to reassign the student to another course section or assign the student to a clinical setting taught by a different faculty member.
D. If actions to avoid a faculty-student relationship between relatives or individuals who have a personal relationship are not feasible, the dean may request an exception to the prohibition against such an arrangement.
1. The request shall be made in writing to the VPL or designee and shall address:
a. The unique circumstances that prevent actions to avoid a faculty-student relationship among the faculty member and student (e.g., the faculty member is the only instructor who teaches a course that is required for the student to graduate);
b. Proposed measures to the ongoing supervision and evaluation of the student (e.g., having an assistant dean or dean review the student’s grades on assignments).
2. If the VPL or designee believes it is in the best interests of the college to approve the request, the VPL will approve the request in writing, submit the approval to the dean, and the faculty member and student may remain in the faculty-student relationship and must adhere to the proposed measures stated in the request and any additional measures stated by the VPL or designee in the written approval. The dean will communicate the approval in writing to the faculty member and student.
3. If the VPL denies the request in writing, the VPL or designee will direct the registrar’s office to disenroll the student in the course or clinical setting and will notify the dean in writing.
E. Faculty and students who are relatives or in a personal relationship may not continue in a course or clinical setting where a faculty-student relationship exists without the approval of such a request by the VPL or designee.
XI. Reporting
A. Employees involved in the circumstances set forth above must report as required as soon as practical.
B. Employees, students or third parties may report possible violations of the policy and these procedures to the EDHR or designee for situations involving supervisor-subordinate relationships or the appropriate dean for faculty-student relationships.
C. These procedures cannot cover all conceivable potential for nepotism or conflicts of interest; therefore, employees are encouraged to think carefully about situations not specifically prohibited by the policy and procedures and to report any potential situations that may result in nepotism, conflicts of interest, the appearance of impropriety or potential for lack of reasonable objectivity.
1. If in question, employees should report the relationship to the EDHR or designee or the appropriate dean.
2. The EHDR or dean will consult with the vice president in the supervisory chain to determine whether a potential for favoritism exists and if so, what actions to take to resolve the issue.
XII. Violations
A. If a violation of the policy or these procedures is reported, the EDHR or designee or dean will investigate the allegations and render a decision as to whether or not the policy or these procedures have been violated.
B. If a violation is found, the EDHR or designee or dean will determine the appropriate sanction.
C. The determination and sanction will be submitted to the employee in writing.
XIII. Sanctions
A. Employees who violate the policy or these procedures may be issued one or more of the following sanctions:
1. Verbal or Written Reprimand: A formal statement that the misconduct was unacceptable and a warning that further violation of any college policy, procedure, or directive will result in more severe sanctions
2. Probation: A disciplinary status, set forth in the employee’s record, providing for more severe disciplinary sanctions in the event that the employee is found in violation of any institutional policy, procedure, or directive within a specified period of time. Terms of the probation will be articulated and may include denial of specified social privileges, exclusion from college activities, exclusion from designated areas of campus, no-contact orders, and/or other measures deemed appropriate.
3. Loss of Oversight or Supervisory Responsibility: A removal of job duties related to direct oversight or supervisor over other college employees, which may result in a reduction in salary and/or benefits.
4. Demotion: A reduction in an employee’s rank or job title within the college’s hierarchy, which may result in a reduction in salary and/or benefits as well as loss of other privileges associated with a higher rank or title;
5. Suspension without pay: Unpaid time away from the college for a definite period of time and/or until specific criteria are met;
6. Termination: Permanent dismissal of the Employee from the College and revocation of rights to be on campus for any reason or to attend College-sponsored events; and/or
7. Other Actions: In addition to or in place of the above sanctions, the College may assign any other sanctions as deemed appropriate.
B. If an applicant for a College position fails to report that an employee who is involved in the hiring process is a relative or an individual with whom the applicant has a personal relationship, the EDHR or designee may decline to offer the applicant a position or may withdrawal an offer of employment from the applicant.
XIV. Grievance
A. Employees dissatisfied with the determination or sanction(s) imposed may file a grievance in accordance with the applicable policy or procedures.
B. Applicants do not have a right to file a grievance.
Procedure Title: Nepotism and Personal Relationships Procedure
Policy Category: Human Resources
Policy Owner: Vice President for Learning Resources Management
Policy Administrator: Executive Director, Human Resources
Contact Information: Suzanne Boyer; slboyer1@aacc.edu; 410-777-2045
Approval Date: May 11, 2021
Effective Date: May 11, 2021
History: N/A
Applies to: All faculty, staff and students
Related Policies: Nepotism and Personal Relationships Policy
Related Procedures: N/A
Forms/Guidelines: N/A
Relevant Laws: N/A