This policy supports the University’s commitment to employment and academic practices that are fair, equitable, and free from actual, potential, and perceived conflicts of interest arising out of applicable relationships.
Definitions
For the purposes of this policy, Clark University will employ the following definitions:
- Applicable Relationships: “Applicable relationship” within the meaning of this policy means the relationship of husband, wife, partner of romantic and/or sexual intent, father, mother, brother, sister, son, daughter, uncle, aunt, nephew, niece, grandfather, grandmother, grandson or granddaughter, or any of those relationships arising as a result of a romantic relationship, marriage or domestic partnership (for example, brother-in-law , stepdaughter, or child of romantic partner).
- Employee: Any paid employee including administrative, faculty, staff, including full- and part-time, regular and temporary, volunteers or affiliates, or contractors.
Employment of family members
- The employee shall not participate in any aspect of the hiring process. An employee cannot use their authority, or relationship with Clark University to benefit; or to disadvantage, a job applicant with whom a family relationship exists.
Clark will not hire a job applicant who is in an applicable relationship with a current employee, if the applicant would be in a supervisory, or subordinate position, to the existing employee; including any direct or indirect administrative or operational authority over the other person, or the relationship would otherwise pose a potential conflict of interest.
Likewise, Clark will not enter into a contract with a vendor who is in an applicable relationship with an employee, if the vendor would be supervised by the employee or if the relationship would otherwise pose a potential conflict of interest. - Employees are required to notify Human Resources of an applicable relationship in the following circumstances:
- The employee becomes aware of an existing applicable relationship between themselves and another employee;
- A applicable relationship is created among employees (for example, by the marriage of two employees);
- A applicable relationship exists between the employee and a job applicant or potential contractor.
- Any employee of Clark who has or acquires an applicable relationship with another employee who would be in a supervisory or subordinate position with that employee.
- This includes any direct or indirect administrative, or operational authority, over the other person.
- This also prohibits an employee from being in an applicable relative’s indirect chain of command. (For example, an employee cannot be supervised by someone who reports to the employee’s applicable relative).
- This also includes circumstances that pose a potential conflict of interest such as decisions or recommendations around compensation, input for internal evaluation, or performance assessment.
- An employee of Clark cannot use their authority, or position, with Clark to benefit or to disadvantage another employee with whom they are in an applicable relationship. (For example, signing/approving a check payable to that person).
- Clark employees who marry one another during their employment will be allowed to remain with the organization; unless they are in a superior-subordinate relationship, or the relationship otherwise poses a potential conflict of interest. In such an event, the newly married employees will be offered the opportunity to move to any open position for which they are qualified. In the event no such position is available, Clark and the employees will explore other options.
Reporting and disclosure obligations
- The Managing Nepotism and Personal Relationships Policy requires an obligation for an employee to report an applicable relationship or potential conflict, and they are expected to notify Human Resources within five (5) business days of learning about the relationship.
- Decisions regarding what measures are to be taken surrounding conflicts shall be made by Human Resources and University Leadership.
- Documentation related to a potential conflict of interest or nepotism incidences must be kept in each employee’s personnel file located in the Office of Human Resources and Operational Excellence.
- Violations of this policy may result in disciplinary action, up to and including termination.
