Printed on April 29, 2016, 6:40 pm
TCATs, Community Colleges, Universities, System Office
The purpose of this guideline is to supplement provisions of the Tennessee Board of Regents General Personnel Policy (No. 5:01:00:00), as it relates to personnel transactions, procedures for campus appointments, budgetary and position considerations, required forms for implementation procedures, processing of forms by System Office, employment agreements, contracts, letters of agreement, records and reports. The guideline and exhibits are applicable to all institutions governed by the Board. For purposes of this guideline, all TCAT director responsibilities shall be coordinated through the Vice Chancellor for the Tennessee Colleges of Applied Technology.
Consistent with the general personnel policy, any exceptions to this guideline are subject to approval by the Chancellor.
- Personnel Transactions
- Each president and director is expected to follow Board policies, affirmative action plans, and fair employment practices when making appointments.
- Appointments requiring the Chancellor's approval will be reviewed in light of these expectations.
- All appointments, regardless of salary, including promotions and transfers, must be reviewed and certified by the institutional Affirmative Action Officer prior to action.
- Other appointments not requiring approval of the Chancellor will be reviewed periodically by the System Affirmative Action Officer or Assistant Vice Chancellor for Human Resources or designee to ensure compliance.
- College of Applied Technology directors are required to receive prior approval from the Vice Chancellor for Colleges of Applied Technology for any change in personnel classification, compensation, job description or assignments.
- Appointments Requiring Approval by the Chancellor
- No offer of employment can be made for positions requiring the Chancellor's approval until the appointment form has actually been signed by the Chancellor or his/her designee and the monitor, where required.
- All institutions must submit the following positions for approval:
- All vice presidents (academic, business, student affairs, etc.) or other executives reporting directly to the President including all interim appointments.
- Directors and chairs of the centers of emphasis and excellence, including interim appointments.
- Any other positions which may be designated by the Chancellor.
- Appointments Not Requiring Approval by the Chancellor
- All appointments not listed in I.B. may be approved at the institution by the Director, the President, or any properly approved designee.
- The hiring procedures outlined in the following sections will be followed with the records being maintained at the institution. Records must be maintained as described in Section VI, A.2. of this guideline.
- The director or president shall be responsible for assuring compliance with the guideline.
- The institutional Affirmative Action Officer shall be responsible for monitoring the recruiting and employment process to assure compliance with the guideline and the institution's Affirmative Action program and objectives.
- For Affirmative Action purposes, institutional records will be reviewed periodically by the System Affirmative Action Officer.
- All promotions and transfers not requiring approval of the Chancellor must be approved by the president/director and reviewed and certified by the institutional Affirmative Action Officer in compliance with TBR Policy 5:01:00:00, General Personnel Policy.
- Minimum Requirements for All Campus and System Office Appointments
- The following actions or procedures are mandatory at all institutions, to:
- Establish an Affirmative Action Plan which sets goals for all categories of employment.
- Develop appropriate recruitment and selection procedures to ensure fairness in employment.
- Determine in a discussion with the Affirmative Action Officer whether the institution has met the affirmative action goal for the area or department (job group in which the vacant position occurs).
- Even if the institution has met the overall institutional goal in an employment category, i.e., executive/administrative/managerial; faculty; professional non-faculty; secretarial/clerical/technical and paraprofessionals; skilled crafts; service/maintenance, there may be a goal for the area or department (job group) in which the vacant position is located which has not been met.
- For example, the overall institutional faculty goal of 4.5% black representation has been met, but the vacancy is in the job group of Arts and Sciences.
- Availability data in Arts and Sciences supports the affirmative action plan's goal of 7.0% black representation, which is higher than the overall institutional goal.
- (c) In this case, the efforts to recruit for the Arts and Sciences position will be directed toward qualified black candidates since the availability data shows the applicant pool should contain some qualified black candidates.
- A second example relates to the availability of women in the particular job group vacancy.
- The total institutional faculty goal for women is 40%, but a higher number of women are available in the particular job group category.
- Therefore, in both examples cited above affirmative action recruitment must occur.
- In summary, the institution has an obligation to use the availability figures applicable to the particular vacancy to recruit qualified minorities.
- Prior to taking any recruitment action, the person directing the hire and/or the search committee must submit to the Affirmative Action Officer a written recruitment plan.
- There may be a standard plan for any EEO category which has been approved in advance.
- EEO categories 4, 5, 6, and 7 may be more easily standardized.
- There may be a need for occasional modification to this standard plan, depending on the nature of the position and the availability data.
- The plan includes, but is not limited to:
- The proposed job description, which has been reviewed by the institutional Affirmative Action Officer;
- Method of directing the hire, i.e., individual supervisor or search committee;
- Composition of the search committee and responsibilities of the members, i.e., direct contacts, references, interviews, etc.;
- An advertising plan, which provides the following:
- Advertisement of the position on bulletin boards, and/or in appropriate publications, and/or newspapers and/or professional discipline-specific journals and/or the Tennessee Employment Security Office; and/or the internet;
- Requests for nominations, from professional organizations, discipline-related groups, and organizations devoted to leadership training for the position;
- Diverse membership on all search, selection, or advisory committees, when practicable; and,
- Direct contacts to assure that underrepresented groups are aware of the vacancy and are encouraged to apply.
- Approval of the recruitment plan must be granted by the Affirmative Action Officer prior to the commencement of the recruitment process.
- The applicant pool must generally reflect the availability data for the defined vacancy in that discipline or field as determined by the appropriate job group in the institutional affirmative action plan. Direct contacts will be required to assure the diversity of protected groups in the applicant pool.
- The Affirmative Action Officer must review all applicant pools and approve their composition prior to the scheduling of interviews. Upper level hires as defined in Section I.B.2.b., require the submission of Form A-1, Certification of the Search Pool, to the Vice Chancellor for Academic Affairs or the System Affirmative Action Officer as outlined in Section III of this Guideline.
- After a candidate has been identified as a possible hire for positions defined in Section I.b., Form A-2, Approval of Appointment, must be submitted to the Vice Chancellor for Academic Affairs or the Assistant Vice Chancellor for Human Resource Development as outlined in Section IV of this Guideline.
- In the case of appointments of adjunct faculty, equal employment opportunity efforts must include advertisement to establish and build diverse pools from which adjunct employees are chosen.
- IMPORTANT: If an institution has met its affirmative action goals, equal employment opportunity is required. Race or sex cannot be used as a plus factor in hiring. However, affirmative action efforts are appropriate in the recruitment process to assure a representative pool. Discrimination on the basis of race, religion, color, national origin, age, handicapped status, veteran status, or other illegal basis is a violation of law.
- The Tennessee Board of Regents believes that it is important to check references to limit employer liability verify information and reduce cost of rehiring and retraining. Checks will produce authenticity of information as it relates to such areas as work history, credential problems and criminal backgrounds.
- Each campus shall conduct appropriate and timely checks in conjunction with each employment offer.
- As an option, a campus may choose to participate in a system wide contract with a third party vendor who conducts background screening and checks.
- Campuses shall develop procedures which will include the specific types of checks and specific positions included.
- The procedures will be forwarded to the system office for review and approval prior to implementation of the program.
- When using the third party vendor, the campus shall notify the applicant that a background check will be conducted prior to conducting the background check.
- Budgetary Considerations
- Pursuant to Section II.A. of the General Personnel Policy (5:01:00:00), where a transfer of funds is necessary for appointments with compensation in excess of funds available, the transfer is subject to confirmation by the Chancellor.
- No approval is necessary unless the transfer of funds is from one functional area to another; adjustments of line item salary amounts within a functional area may be made by the president or director if sufficient funds are available, subject to applicable guidelines and limitations.
- Where a transfer of funds between functional areas is necessary, the president or director should submit a letter of recommendation to the Chancellor identifying the amount and source of transfer.
- Pursuant to Section II.C. of the General Personnel Policy (5:01:00:00), any new administrative positions and major changes in administrative organization must be approved by the Chancellor.
- If the proposed position or organizational change is submitted as part of the proposed operating budget or October 31 revision, it should be identified, justified, and documented, but separate approval is not required.
- If the proposed position or organizational change does not coincide with the budget cycle, it should be recommended by the president or director in the form of a letter to the Chancellor which includes a full description, justification, fiscal implications, and other pertinent information.
- The colleges of applied technology follow the same basic procedure as outlined above; however, the director shall submit the recommended change and justification on TBR TCAT Form D-1 to the Vice Chancellor for Colleges of Applied Technology.
- Required Forms for Implementation of Procedures for Approvals
- Information to support transactions that require the approval of the Chancellor or his/her designee is requested in Forms A-1 and A-2.
- Approval for the certification of the search pool for upper level administrative vacancies is shown on Form A-1 (Exhibit 1).
- Where a search committee is formed to search for a University or college administrator at the level of dean of higher, the search committee MUST be racially diverse.
- Where a search committee is formed, candidates for hire must first be screened by the search committee before an offer can be extended.
- The Chair of the search committee must certify that each candidate considered by the committee meets or exceeds the criteria published in the job description. (See Form A-1).
- Supporting documentation for Form A-1 vice presidents and upper level academic positions must be submitted to the System Affirmative Action Officer.
- Approval for an appointment recommendation is shown on Form A-2 (Exhibit 2).
- Assurance by the Affirmative Action Officer that an approved process has been followed and the qualified other-race applicants have been contacted and fully considered is mandatory.
- Supporting documentation for vice presidents must be submitted to the Assistant Vice Chancellor of Human Resources. Upper level academic positions requiring approval must be submitted to the Vice Chancellor for Academic Affairs.
- System Office Procedure for Processing of Form A-2
- The appropriate receiving office will date stamp and log all recommendation portfolios received.
- The appropriate office will verify that the portfolio contains the following:
- All information required on the A-2 form;
- Vitae for: the candidate recommended, all candidates interviewed, and all final candidates from which interviewees were chosen who are from an underutilized group for all institutions; and,
- All advertisements for the position.
- If a portfolio is determined to be incomplete, the respective office will communicate with the campus Affirmative Action Officer in the interest of completing it.
- For all appointments, if warranted because of significant omission in the portfolio, the Vice Chancellor for Academic Affairs or the Assistant Vice Chancellor for Human Resources will secure information from the campus to certify completeness of the portfolio. No action to approve the recommendation will be taken by TBR staff until the portfolio is complete.
- The Vice Chancellor for Academic Affairs or the Chancellor, after reviewing portfolios, will approve, disapprove, or defer decision pending some specified course of action.
- Once final action has been taken on the recommendation portfolio, the complete document and record of action will be transmitted for filing to the Office of Human Resources.
- Transaction Forms, Employment Agreements, Contracts and Letters of Agreement
- Transaction Forms
- Section V.B. of this guideline provides recommended transaction forms to be used for all personnel transactions, unless alternate forms have been approved by the Chancellor.
- Institutions may develop internal personnel transaction forms for administrative purposes. These forms may relate to management information system and contain fiscal and personnel data deemed necessary by the institution.
- Employment Agreements, Contracts and Letters of Agreement
- Pursuant to Section II.B. of the General Personnel Policy (5:01:00:00), the Chancellor must approve employment agreements, contracts, and letters of agreement used in the appointment and employment of campus personnel.
- Approved provisions for personal, professional, consultant, and dual service agreements are addressed in System Guideline G-030.
- Each institution may modify the forms or develop alternative and additional forms; however, any forms with provisions substantially different from the recommended forms should be submitted for review and approval by the Office of the Chancellor.
- The EEO tagline must be included on all forms.
- The language concerning the Drug Free Workplace Act must be included on all initial employment contracts.
- In order to comply T.C.A. § 49-7-133 the following sentence must be included on all contracts:
- “It is a Class A misdemeanor to misrepresent academic credentials.”
- Attached are the following personnel transaction forms, which are recommended for the use of institutions. Forms F-1 through F-8 (Exhibit 4 through 11) are for use in connection with the employment of faculty; Form G-1 (Exhibit 12) for use in connection with the employment of graduate assistants/graduate instructors; Forms S-1 through S-4 (Exhibit 13 through 16) are for use in connection with the employment of all personnel other than faculty; and Form D-1 (Exhibit 3) is for use in requesting approval of a change in personnel status of a TCAT employee. Form E-1 (Exhibit 19) is for use in connection with the employment of all personnel. Following are explanatory notes concerning the use of the recommended forms:
- Form F-1, Notice of Tenure-Track Appointment and Agreement of Employment for Faculty, is recommended for the initial employment of any faculty member in a tenure-track appointment. Designate the salary rate by crossing through the word "monthly" or "annual" as appropriate, and designate whether an academic or fiscal year appointment. Also, designate the appropriate beginning and ending months for the pay period as found in paragraph 2. Paragraph 8 should include any special conditions concerning the appointment, such as the policy requirement for separate contracts or agreements with regard to patents or copyrights, or such as any credit for prior service which is agreed to by the institution [not to exceed three (3) years]. The same form may be used for the re-employment of probationary faculty who are re-appointed in tenure-track appointments following a break in service. In this situation, execution of the forms should be timed in conformance with the institutions policy on notice of non-renewal, and specification of the number of years creditable service should be included in paragraph 8.
- Form F-2, Notice of Renewal of Tenure-Track Appointment for Faculty, should be sent to all faculty on tenure-track appointments whose appointments will be renewed and where no new special conditions concerning the appointment are necessary. Even though renewal occurs automatically in the event a tenure-track appointee does not receive notice of renewal by the proper date, it's required that renewal occur by affirmative action rather than default, and that this notice be sent no later than the institution's last date for notice of non-renewal. A signature line for the faculty member has been added which must be signed and returned to be valid and binding. You may wish to incorporate the content of Form E-1 when issuing this form rather than sending the Notice of Recommended Salary at a later time; if so, you must make any necessary changes. Designate whether an academic or fiscal year appointment.
- Form F-3, Notice of Renewal of Tenure-Track Appointment and Amendment of Agreement of Employment for Faculty, should be used to renew a tenure-track appointment where an express amendment to the terms of the initial appointment, Form F-1, is deemed necessary. You may wish to incorporate the content of Form E-1 when issuing this form rather than sending the Notice of Recommended Salary at a later time; if so, you must make any necessary changes. Designate whether an academic or fiscal year appointment.
- Form F-4, Notice of Award of Tenure, is used to notify an employee that tenure has been awarded. A notice of tenure must be given, and Form F-4 is a model of one you may use. As indicated, you should note in which department, division, or academic organizational unit the person is awarded tenure. You may wish to develop a letter to be used in lieu of this notice without TBR approval.
- Form F-5, Notice of Non-Renewal of Appointment, is a notice of non-renewal. This notice must be sent prior to the required date for notice of non-renewal, and should be hand delivered or sent certified mail, return receipt requested; consult the institution or TCAT policy or practice for the method for which notice will be affected. Also, refer to TBR Policies 5:02:03:10, 5:02:03:60, and 5:02:03:70 concerning when notices should be given.
- Form F-6, Notice of Temporary Employment and Employment Agreement for Faculty, should be used for the employment of all full-time non-tenure track faculty on temporary appointments (Form F-8 should be used for employment of adjunct faculty and faculty for the summer term). Regular part-time faculty percentage (60% appointment) may be listed as a condition in paragraph 9. Designate the salary rate by crossing through the word "monthly" or "annual" as appropriate. Renewal or non-renewal of these appointments will not be subject to the same conditions as for tenure-track appointments, and the form expressly provides that any renewal is subject to a subsequent written agreement. The same form would be used each year for employment of temporary full-time faculty for more than one year, not to exceed three years. Note that this form contains a 30-day notice provision in paragraph 8.
- Form F-7, Notice of Term Appointment and Agreement of Employment for Faculty, is a term appointment for full-time non-tenured faculty and applies only to the community colleges and colleges of applied technology. This form was devised to help meet the special problems of career/vocational programs where markets are volatile and changing - examples: computer programming, legal assistant program, some allied health programs. In order to decide whether to use a temporary agreement, F-6, or a term agreement, F-7, look at the projected need for the program. The term agreement is to be used when the projected need is beyond three years, but not for a sufficient time to create a tenure-track position. Designate the salary rate by crossing through the word "monthly" or "annual" as appropriate.
- Form F-8 , Notice of Employment of Adjunct Faculty, will be used for the hiring of adjunct faculty and summer term faculty. Adjunct faculty are temporary appointments based on demand each semester, may be full or part-time and are not eligible for employment benefits. The method of salary payment should be specified. No notice provision has been included. For regular faculty, the institution should cross out paragraph 4 and have the parties to the agreement initial. For tenured faculty teaching during the summer, the institution should cross out paragraphs 4 and 6 and have the parties initial.
- Form G-1, Notice of Agreement of Employment for Graduate Assistant/Instructor, will be used for the hiring of graduate assistants/graduate instructors on a temporary basis. The method of payment, length of the appointment, and whether full or part-time should be specified.
- Form S-1, Notice of Appointment and Agreement of Employment, should be used for all regular staff except faculty. Notices of renewal and non-renewal are not necessary for these appointments, and the appointments are subject to termination at any time by the institution (see paragraph 4). Designate the salary rate by crossing through the word "month" or "year" as appropriate. Please note the option to add additional language to paragraph 2. Such statements need not be included if the employee is put on notice of this practice through employee orientation or other employee information documents given at the time of initial hiring.
- Form S-2, Notice of Modified Fiscal Year Appointment and Agreement of Employment, should be used to appoint regular administrative, clerical and support staff to modified fiscal year appointments. Fill in the blank in paragraph 3 as appropriate. Designate the salary rate by crossing through the word "month" or "year" as appropriate.
- Form S-3, Notice of Temporary Employment and Agreement for Non-Faculty Administrative/Professional and Clerical/Support, will be used for the hiring of non-faculty on a temporary basis for employees who will work longer than 60 days and who do not work on an "as needed" basis. The method of salary payment should be specified.
- Form S-4, Notice of Termination, is the form notice of termination for non-faculty personnel and provides no reason for termination whatsoever. Institutions may wish to provide notice of the opportunity for an oral statement of the reason similar to that specified in Form F-5 for faculty. It is assumed that employees should be aware of the reasons for termination under an effective personnel system. Form E-1, Notice of Recommended Salary, should be used to notify all personnel of the recommended salary for the ensuing academic or fiscal year. Notice of the recommended salary is not included in the notices of renewal for faculty since the recommended salary may not be known at the time of such notices. However, you may wish to add the language of this form to Forms F-2 and F-3.
- Form V-1, Statement of Understanding/Agreement between Institution and Volunteer, will be used for volunteer workers. In order for a volunteer worker in an institution supported program to be eligible for reimbursement of the costs of defense in the event of a claim arising out of their actions, the institution is required by T.C.A. § 8-42-101(3)(B) to register the name of the volunteer with the Tennessee Board of Claims (Exhibit 17). If the institution fails to register the volunteer and the state pays attorney fees or a judgment based on the volunteer's actions, cost and awards will be funded through the institution's budget. In addition, if the volunteer is a medical professional providing direct health care as a volunteer, he/she is only considered a "state employee" under the defense reimbursement provisions for purposes of medical malpractice.
- Form D-1 Request for Approval for Change in Personnel Status of TCAT Employee is addressed above.
- Form E-1 Notice of Recommended Salary
- Institutions are advised to exercise extreme caution in connection with employment letters to personnel and any cover letters which are used to transmit personnel transaction forms, to ensure against inconsistent statements or commitments. Moreover, all personnel transactions at the institutions shall comply with the principles and provisions of the Board policy on equal employment opportunity and affirmative action (5:01:02:00).
Immigration Expense Allowance
New employees may receive reimbursement for immigration expenses when considered to be in the interest of the institution and when such payment is a part of the employment negotiation with a new employee or the relocation of a current employee from another employer or institution.
Reimbursement/fee allowance for immigration fees must be approved in advance by the Director or President or his/her designee.
This provision applies only to candidates who are required to pay immigration fees to work and live in the U.S.
No TBR employee may receive reimbursement more than once.
No payment shall be made unless the employee agrees in writing to remain in the service of the institution for a period of twenty-four (24) months following the effective date his/her employment agreement, unless separated for reasons beyond his/her control and acceptable to the institution.
The service agreement statement should be maintained in the employee’s personnel file. In case of a violation of such an agreement, any funds expended by the institution for such allowance shall be recoverable from the employee as a debt due the institution in the same manner as educational allowance payments (Exhibit 18).
Reimbursement shall be in the maximum amount of $4500 and shall not exceed the employee’s actual, documented expenses. The allowance cannot be used to defray non-immigration-related costs or any costs not associated with the individual employee’s immigration expenses.
Reimbursable fees include:
Fees charged by a licensed immigration attorney retained in connection with the application;
Permanent residence fee;
Fee for any application to enter the U.S.;
Fee for application to remain in the U.S.; and
Associated fees required in the application process, such as medical examinations, fingerprinting, photo identification, postal/courier fees, and costs of evaluating foreign academic credentials or translations of foreign documents.
The employee is responsible for making arrangements for representation, completion of paperwork, assistance in the immigration process, and submission of all bills and/or invoices for which reimbursement is sought.
Faculty may submit a claim for reimbursement by sending a request with original receipts to the Chief Academic Officer.
- Transaction Records and Reports
- Transaction Records
- Institutions shall develop and maintain adequate records to document all personnel transactions, including transactions which do not require the approval of the Chancellor.
- As provided in Section IX.A. of the General Personnel Policy (5:01:00:00), all transaction records for an employee must be maintained as provided in Guideline G-070, Disposal of Records.
- Transaction Reports
- All campus personnel transactions shall be incorporated as part of the institutions' proposed operating budgets and October 31 budget revisions. The Board staff shall determine the appropriate form and medium for the information.
- Current personnel information may be reported periodically to the staff by institutions for administrative purposes relative to the maintenance and operation of management information systems.
- Current personnel reports may be requested from the institutions at any time in response to requests for information for the Board staff, Board, Legislature, etc.
- Affirmative action compliance audit reports may be requested on an annual basis.
July 2, 1976 and August 19, 1976 TBR staff memoranda; Revised September 16, 1980 TBR staff memorandum; July 1, 1984; August 16, 1984 TTC Sub Council meeting; July 1, 1985; February 16, 1988 Presidents Meeting; May 15, 1990 Presidents Meeting, September 21, 1990 Presidents Meeting; November 13, 1990 Presidents Meeting; November 11, 1991 Presidents Meeting; November 12, 1996 Presidents Meeting; August 5, 1997 Presidents Meeting; February 16, 2000 Presidents Meeting; May 21, 2001Presidents Meeting; February 13, 2002 Presidents Meeting; November 5, 2003 Presidents Meeting ; November 8, 2006 Presidents Meeting; February 13, 2007 Presidents Meeting; August 19, 2008 Presidents Meeting; May 12, 2009 Presidents Meeting; May 18, 2010 Presidents Meeting; August 20, 2013 Presidents Meeting.