SP 3-70b – Conflicts of Interest – Relationships

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SP 3-70b

APPROVED: November 11, 2009
EFFECTIVE: November 11, 2009
REVISED: March 17, 2014
REVISED: May 19, 2017
REVISED: December 13, 2023
RENUMBERED: December 13, 2023

APPENDICES REVISED: December 13, 2023

REFERENCE(S): Board Policy (BP) 3-70, Ethics

APPROVED:
/ Joseph Garcia /
Joseph A. Garcia, Chancellor

APPLICATION

This procedure applies to all employees in the Colorado Community College System, including its Colleges (CCCS or System). Board members have also committed to following this procedure as outlined in Board Policy 3-70.

BASIS

It is Board policy that employment of immediate family of a Board member requires disclosure to and approval by the Board. Additionally, it is Board policy that employees shall not be in the line of supervision of, or evaluate the academic work of, immediate family or an individual with whom they are in an amorous relationship, unless the circumstances are disclosed, and the conflict of interest is appropriately addressed in accordance with this procedure.

DEFINITIONS

“Amorous Relationship”: A relationship between two individuals that is mutually and consensually understood to be romantic or sexual in nature.

“Immediate Family”: A Board member’s or employee’s spouse including, but not limited to, domestic and civil union partners; children, step‑children, and their spouses; siblings and siblings-in-law; parents and parents-in-law; grandparents and grandparents-in-law; grandchildren and their spouses; aunts and uncles; nieces and nephews.

“Line of Supervision”: The immediate supervisor or any person in the ascending order of supervision up to and including the College President and Chancellor.

PROCEDURE

Employment of Immediate Family:

The employment of qualified immediate family members of Board members or employees is permissible as long as such employment does not create an actual or perceived conflict of interest.

Immediate family are permitted to work in the same department, provided no direct reporting or direct supervisor to subordinate relationship exists. In addition, employees may not act in an evaluative or financial transaction approval capacity in relation to immediate family who are in the employee’s line of supervision but are not direct reports. The employee in the evaluative position must recuse themself from evaluative actions concerning the immediate family.

Employment of immediate family is subject to the following approvals:

Possible employment of immediate family shall be brought to the attention of Human Resources who will notify the CCCS Chief Human Resource Officer (CHRO) and will work with the relevant individuals through the disclosure and approval process as outlined in this procedure and the appendices.

When seeking approval of employment of immediate family, all relevant circumstances must be disclosed, including the nature of the relationship, the names, position titles, and job locations of the individuals involved, and all steps that will be implemented to address the actual or perceived conflict of interest. Disclosure and approval forms can be found in the Appendices.

Academic Instruction and Evaluation by Immediate Family:

An employee shall not evaluate the academic work of a student who is a member of the employee’s immediate family, except as provided in this procedure.

A College employee shall disclose to the employee’s supervisor the enrollment of their immediate family in a class taught by the employee or any other circumstance where the employee is in a position to deliver academic services to immediate family. Disclosure is required prior to enrollment in the class or delivery of other academic services.

The supervisor shall reasonably attempt to find an alternative arrangement that removes the employee from delivering the academic service or evaluating the student’s academic work while preserving the student’s educational opportunity. For instruction, the supervisor shall identify another suitable class within the College. If the supervisor determines that another class is not available, the supervisor shall reasonably attempt to identify another qualified person to evaluate the student’s academic performance in the class in which the student is enrolled.

Prior to implementing any alternative arrangement, the supervisor shall submit the proposed alternative arrangement to the College President for review. The President has the discretion to approve, modify, or reject the proposal. The President is not required to approve an alternative arrangement that involves an additional cost to the College. If no alternative class or evaluator is available and the class is required for the student’s course of study, the President shall direct the supervisor to review the employee’s evaluation of that particular student in a manner that assures an unbiased evaluation.

Disclosure and approval of alternative arrangement for evaluating the student’s academic performance is required, using the Appendices.

Amorous Relationship Conflicts:

The Board is committed to fostering an employment and educational climate characterized by professional and ethical behavior, free of discrimination and conflict of interest. Amorous relationships between an employee and another person within CCCS may impair or undermine the work and/or learning environments when one person in the relationship has authority over the other.

Amorous relationships must be disclosed when an employee exercises evaluative, supervisory, educational, or professional responsibility, in the workplace or academically, over the other party to the relationship, whether that party is an employee or a student.

Employees involved in an amorous relationship must disclose the relationship to the Chancellor or College President at the earliest opportunity. The primary responsibility to disclose the relationship rests with the person in the evaluative position, but both parties have a duty to disclose the conflict or potential conflict of interest in an amorous relationship.

For System Office employees, the Chancellor will determine actions necessary to resolve potential conflicts. For College employees, the President will determine actions necessary to resolve potential conflicts. These determinations will take the form of directives issued in accordance with this procedure. The Chancellor or President, as applicable, must issue a directive for each disclosure that adequately addresses the conflict in a manner that removes an employee from exercising evaluative, supervisory, educational, or professional responsibility over the other party to the relationship. Upon determination of actions for resolving the conflict, directives will be issued, and the appropriate Human Resources office will provide a copy of the Disclosure and Directives to the parties to the relationship and affected supervisors.

There will be no sanctions imposed on employees who disclose the relationship in accordance with this procedure at the earliest opportunity and comply with any directives to resolve the conflict.

Even if an amorous relationship does not create a conflict of interest requiring disclosure (e.g., the employee does not exercise evaluative or supervisory authority, or educational or professional responsibility over the other party to the relationship), relationships between employees or between an employee and a student can become difficult because of the complex and subtle effects of the work or educational dynamic in these relationships. The employee in the position of influence may misapprehend the existence or level of consent of the other party. The possibility exists that, if the relationship sours, the parties may be subject to claims of sexual harassment. In addition, an employee’s amorous relationship with a student or with an employee at an unequal level of influence, may have an effect on others. Others may perceive that the student or employee is favored by the employee in the more influential position and be afforded undue access and advantage above others. An employee who engages in this type of relationship is on notice that these types of relationships are discouraged, and the employee assumes the risk of internal complaints of discrimination, attendant discipline, and/or legal action, and responsibility for damages. Parties to these types of relationships may voluntarily disclose the relationship to the Chancellor or President and agree to comply with directives to avoid the above-described circumstances.

The Disclosure and Directives form for Amorous Relationships can be found in the Appendices.

REVISING THIS PROCEDURE

CCCS reserves the right to change any provision or requirement of this procedure at any time and the change shall become effective immediately.

APPENDIX A

Employment of Immediate Family

Disclosure and Approval

Employment of immediate family within CCCS must comply with the disclosure and approval requirements outlined in SP 3-70b, Conflicts of Interest – Relationships. This form shall be used to document the disclosure and approval requirements. Board members or employees should work with the appropriate Human Resources department to complete the approval process.

Name:

Position held:

CCCS site:

Familial relationship to the other party:

Name:

Position sought:

CCCS site:

Familial relationship to the other party:

Approval:

For employment of immediate family of Board members or the Chancellor anywhere within the System.

Name of Board Chair (or Vice Chair, if matter involves the Chair):

Board Chair (or Vice Chair) signature:

Date of Board approval:

For employment of immediate family of College Presidents or System Office Executive staff anywhere within the System.

Name of Chancellor:

Chancellor signature:

Date of approval:

For employment of immediate family of System Office staff within a line of supervision.

Name of Chancellor:

Chancellor signature:

Date of approval:

For employment of immediate family of College employees within a line of supervision.

Name of President:

President signature:

Date of approval:

Date reported to the Chancellor:

Record Retention Requirements

For Board Members, this form is maintained in the member’s BP 3-70 Ethics file with Legal Affairs and a copy is maintained in the personnel file of their immediate family member. For employees, a copy is maintained in the employee’s personnel file and the personnel file of their immediate family.

For Board members and employees who are required to complete the annual Conflicts Disclosure Statement pursuant to SP 3-70a, the employment of immediate family must be referenced each year until the Board member’s or employee’s immediate family member is no longer employed within CCCS.

This form must be updated when there is a change in position or line of supervision.

APPENDIX B

Academic Instruction and Evaluation of Immediate Family

Disclosure and Approval of Alternative Arrangement

CCCS College:

Name of College Employee:

Name of Student (immediate family) to whom employee is in a position to deliver academic services:

Familial relationship between Employee and Student:

Class or academic services involved:

In consultation between employee and supervisor, and including any modifications requested by the President, the following alternative arrangements have been made
(e.g., alternative class, alternative instructor, designation of qualified person to evaluate academic performance of the immediate family member, or designation of qualified  person to review the employee’s evaluation of the particular student in a manner that assures an unbiased evaluation):

Name of Supervisor:

Approval:

Name of President:

President signature:

Date of approval:

Date reported to Human Resources:

Record Retention Requirements

This form is maintained in the employee’s personnel file.

For employees who are required to complete the annual Conflicts Disclosure Statement pursuant to SP 3-70a, the academic instruction/evaluation of immediate family must be referenced each year while the situation remains ongoing.

APPENDIX C

Amorous Relationship Between Employees or Between an Employee and a Student

Disclosure and Directives for Resolving Conflicts

It is the obligation of parties to an amorous relationship conflict within CCCS to disclose the relationship, at the earliest opportunity, to the Chancellor or College President by completing this form (electronically or hard-copy) and forwarding/providing it to the System or College Human Resources office for disclosure to the Chancellor or President.

Both parties to the relationship must sign this statement.

Disclosure (by parties):
Briefly describe the current employment or academic reporting or evaluative structure between the two individuals. Does either one directly or indirectly supervise the other’s job or academic performance? Does either one have any impact on the other’s job or academic evaluation, or professional or academic advancement or development?

I HAVE CAREFULLY READ THIS PROCEDURE AND VOLUNTARILY SIGN THIS STATEMENT.

Name of first party (Employee):

Position:

CCCS site:

Supervisor:

Date:

Employee Signature:

I HAVE CAREFULLY READ THIS PROCEDURE AND VOLUNTARILY SIGN THIS STATEMENT.

Name of second party (Employee or Student):

Position:

CCCS site:

Supervisor:

Date:

Employee or Student Signature:

Directives (by Chancellor or President):
For conflicts involving employees in the line of supervision, include directives for alternative reporting and evaluative structures, reassignments, or other actions appropriate to the circumstances to resolve the amorous relationship conflict.
For conflicts involving an employee and a student, include directives for alternative class assignment, alternative instructor, designation of qualified person to evaluate academic performance, or other actions appropriate to resolve the amorous relationship conflict.

Approval:

Name of Chancellor or President:

Chancellor or President signature:

Date of approval:

Date returned to Human Resources:

Human Resources will provide a copy of the completed and signed Disclosure and Directives form to the parties to the relationship and affected supervisors.

Record Retention Requirements

This form is maintained in the employees’ personnel file.

For employees who are required to complete the annual Conflicts Disclosure Statement pursuant to SP 3-70a, the amorous relationship must be referenced each year while the situation remains ongoing.

This form must be updated when there is a change in position or line of supervision that affects current Disclosure or Directives.