Ohio Admin. Code 3337-40-107
Ohio ethics law and the related statutes found in the Revised Code generally prohibit public officials and employees from misusing their official positions for their own personal benefit or the benefit of their family members. The purpose of this policy is to ensure the hiring and supervision by and within the university is conducted in compliance with the Ohio ethics laws and in a manner that enhances public confidence in the university, prevents situations which give the appearance of partiality, preferential treatment, improper influence, and conflict of interest.
Relationship by family, marriage, or domestic partnership will not preclude hiring, promotion, or transfer, as long as the individual meets and fulfills the appropriate appointment standards. This policy provides guidance regarding the initial employment of family members and influencing employment of, or employment decisions regarding, family members. This policy also applies to situations where there is a change in family status for employees after employment. For example, the marriage of a supervisor to a supervisee would be a change in status that would cause the parties to be subject to this policy.
"University employee" means any person who is appointed to or is an employee of Ohio university, regardless of the source of funding for the employee's position. University employee applies to all forms of employment by Ohio university, including regular and term, full- and part-time appointments to administrative, classified, research, and bargaining unit positions, to overload contracts, to graduate appointments, and to graduate and undergraduate student employment (including employment under the program to aid career exploration, "PACE," and federal work study, "FWS," programs), and courtesy appointments.
"Family member," for purposes of this policy only, includes but is not limited to the following: spouse, domestic partner, children (biological, step, adopted, or foster), legal wards, siblings, parents, grandparents, grandchildren, uncles, aunts, father-inlaw, mother-in-law, brother-in-law, sister-in-law, daughter-in-law, son-in-law, and other persons related by blood, adoption, or marriage.
"Supervision" means the direct ability to affect, or the power to effectively recommend, the hiring, renewal, evaluation, assignment of duties, establishment or adjustment of compensation and benefits, transfer, suspension, layoff, recall, promotion, discharge, reward, discipline, or settlement of the disciplinary grievances or appeals of another university employee.
All university employees are prohibited from recommending, nominating, authorizing, or using the authority or influence of their position to secure the authorization of employment, for a family member.
No university employee shall supervise any family member or participate (formally or informally) in any decision, or use their position to secure any decision, which affects the continuation, implementation, or terms and conditions of a family member's employment, nor provide direct approval of a family member's time sheets or payroll.
Nothing in this policy prohibits two family members from being hired and working for the university, even within the same department, provided all parties comply with the terms of this policy. The following circumstances are permitted by this policy:
University employees who are not family members as defined above, but who are in a close personal relationship, may be requested to use the provisions of this subsection in order to avoid any appearance of impropriety or conflict of interest.
The provisions of this subsection shall be followed whenever a subordinate supervisor would supervise the family member of their supervisor.
Employees impacted by a "Workplace Alternative Arrangement Agreement" may seek review of the terms and conditions of the agreement from the planning unit head. Said employees shall submit their request in writing to the planning unit head, with a copy to university human resources. The planning unit head shall review all information submitted and render a final and binding decision regarding the "Workplace Alternative Arrangement Agreement." The final decision shall be given to the employee, university human resources, the office of the provost, and the division head. The updated "Workplace Alternative Arrangement Agreement" shall be filed in the personnel files of all impacted employees, with a notation that it supersedes any prior version.
All versions of the "Workplace Alternative Arrangement Agreement" filed in the personnel files are subject to release under the provisions of policy 40.007.
Appointment of family members to a position, and on-going employment decisions, shall be made in accordance with all applicable policies and guidelines, and collective bargaining agreements, including the following:
This policy supersedes any and all policies and guidelines regarding matters of nepotism, except that this policy applies to faculty appointments only to the extent that no contrary provision is included in the "Faculty Handbook."
Any employee who believes this policy has been violated should contact university human resources at (740) 593-1636, the office of equity and civil rights compliance, the office for equal opportunity and accessibility, or the university ombuds office.
Replaces: 3337-40-107
Ohio Admin. Code 3337-40-107
Promulgated Under: 111.15
Statutory Authority: 3337.01
Rule Amplifies: 3337.01
Prior Effective Dates: 06/23/2016