Skip to:

Policy Number: 
B-022
Policy/Guideline Area: 
Business and Finance Guidelines
Applicable Divisions: 
TCATs, Community Colleges
Purpose: 

In conjunction with the provisions of TBR Policy Nos. 4.01.02.30 and 4.02.09.00 and applicable requirements, each institution governed by the Tennessee Board of Regents shall have a master plan which addresses facilities for the institution's mission and enrollment growth, land acquisition area, and potential disposals.

Policy/Guideline: 
  1. Master Plans
    1. Master plans should be reviewed by institution staff at least every two years and must be updated or amended as required. If an institution’s staff believes a master plan may need to be revised, the institution should forward a request to the System Office’s Office of Facility Development (OFD). OFD will assist institutions with obtaining new master plans and master plan amendments and updates and approvals of the same by the Chancellor and other required parties.
    2. New building construction, additions and major maintenance projects should be addressed in the institution’s master plan prior to the institution requesting that funding for such a project be included in the System Office’s capital budget request.
    3. The institution is responsible for funding the costs of consultant services related to master plans from institutional sources.
Sources: 

Authority

T.C.A. § 49-8-203

History

TBR Presidents Meeting November 13, 1990; Revised November 8, 2006 Presidents Meeting; Revised August 9, 2023 Presidents Meeting.

Policy Number: 
B-020
Policy/Guideline Area: 
Business and Finance Guidelines
Applicable Divisions: 
TCATs, Community Colleges
Purpose: 

The primary mission of institutions in the Tennessee Board of Regents System is the creation and dissemination of knowledge. To carry out this mission, it is often desirable for the institution and its affiliated units to charge fees for providing goods and services that enhance, promote, or support its instructional, research, public service, and all other educational and support functions in order to meet the needs of the students, faculty, staff and members of the public participating in institutional events.

Educational business activities shall be established and carried on only when pursuant to, and in accordance with, an authorization and statement of purpose approved by the institution's president or designee.

The purpose of Section II. is to provide uniformity in the classification and operation of auxiliary enterprises at the institutions in the Tennessee Board of Regents System. Also provided are examples to supplement the various System policies, procedures, and reports concerning the operation of auxiliary enterprises. Reference is made to reporting forms which shall be provided by the Board staff.

Definitions: 
  • Definitions of Educational Business Activity and Auxiliary Enterprises are given as part of the guideline.
Policy/Guideline: 
  1. Educational Business Activity
    1. Definition of Educational Business Activity - Each educational business activity shall meet the following three conditions:
      1. The activity is deemed to be an integral part in the fulfillment of the institution's educational, research, public service, and campus support functions, and other educational and support activities, without regard to profit.
      2. The activity is needed to provide an integral good or service at a reasonable price, on reasonable terms, and at a convenient location and time.
      3. The activity is carried out for the primary benefit of the campus community but with sensitivity to the total community
    2. Concept of Unrelated Activities
      1. All institutions should comply with applicable laws and regulations pertaining to such activities, and educational business activities not falling within the conditions established above may be unrelated business income activities and subject to unrelated business income tax.
  2. Auxiliary Enterprise Operation
    1. Role and Scope of Auxiliary Enterprise Operation
      1. Definition of Auxiliary Enterprises:
        1. An auxiliary enterprise furnishes a service to students, faculty, or staff, and charges a fee directly related to, but not necessarily equal to, the cost of the service.
        2. The public may be served incidentally in some auxiliary enterprises.
        3. They are essential elements in support of the education program, and conceptually should be regarded as self-supporting. Little or none of the revenue comes from educational and general sources, but in the case of housing and food services, there may be a limited amount of sales to the institution.
        4. Other examples of auxiliary enterprises are college union, college stores, rental facilities, institutionally operated vending services, recreational areas, faculty clubs, laundries, certain parking facilities.
        5. This definition has been approved by the Tennessee Higher Education Commission, the State Comptroller, and the State Department of Finance and Administration in the publication Financial Reporting for Tennessee Public Colleges and Universities, with the following exceptions:
          1. Revenue and expenses of student centers (college unions), but not the auxiliaries housed therein, are to be classified under the category of student services.
      2. Pursuant to the foregoing, the following activities should be classified as auxiliary enterprises:
        1. Housing, including dormitories, apartments, and all other housing.
        2. Food Services.
        3. College Stores, including bookstores, hobby shops, mini-markets, etc.
        4. Vending Services, including food vending and other non-food vending.
        5. Post Offices, limited to the cost of revenue-related services, and excluding campus distribution.
        6. Parking facilities, if subject to an indebtedness which is being liquidated through revenues or if otherwise operated in a manner within the definition of auxiliary enterprises.
        7. Laundries, beauty shops, barber shops, etc.
        8. Any other activity which meets the approved definition.
        9. Student recreation centers subject to indebtedness.
      3. Users of Auxiliary Enterprises
        1. Auxiliary enterprises exist for the purposes of providing services to students, faculty, and/or staff, and any service to the public should only be incidental in nature.
          1. For example, student housing facilities are operated for the benefit of students, and occupancy should be limited to students and student housing personnel, provided that, on a space available basis, such housing may be provided to faculty or staff.
          2. In the case of food services, bookstores, etc., while non-students who are guests or who otherwise have business on the campus may be served, the institution or school should not actively seek non-campus trade.
      4. Concept of Auxiliary Enterprises as Self-Supporting
        1. The goal for all auxiliary enterprises, both individually and cumulatively, is for revenues to at least equal expenditures and transfers.
          1. It is recognized that some auxiliary enterprises may have difficulty in providing necessary services at reasonable prices on a break-even basis, but justification for each such enterprise must be provided to the Board through the annual operating budgets analysis.
        2. All rate structures should be recommended and set on the basis of projected expenditures and transfers.
    2. Purchasing of Goods and Services for Auxiliary Enterprises
      1. General
        1. Purchases for auxiliary enterprises generally fall into two major categories:
          1. Purchases for resale; and
          2. Purchases for consumption or use in the operation of the auxiliary enterprise.
            1. Examples of purchases for consumption or use by the auxiliary enterprises are furnishings for dormitory rooms, general supplies, office supplies, etc.
            2. Purchases for resale include items which are to be resold, including textbooks and other course related materials and supplies, and other miscellaneous items which are needed on a regular basis by the users of the enterprises.
        2. Purchases for auxiliaries are subject to the provisions of the Board purchasing policy (no. 4:02:10:00).
    3. Classification of Revenues and Expenditures for Auxiliary Enterprises
      1. All Revenues and Expenditures will be classified first under the appropriate specific auxiliary enterprise. Further details relative to appropriate classifications are provided below.
      2. Classification of Revenues: The source of funds is the primary determinant of revenue classification. Only nominal amounts may be reported as "Other" or "Miscellaneous". With regard to the Federal Work Study Program, an amount equal to the federal share of FWS salary expenditures shall be reported as restricted revenue. Supplemental schedules must clearly identify both restricted and unrestricted revenues. On all applicable statements, restricted auxiliary revenue should be reported under Auxiliary Enterprises regardless of the source. Restricted auxiliary revenues should be reflected as auxiliary enterprises revenue rather than grants and in the same amount as the auxiliary enterprises restricted expenditures.
      3. Classification of Expenditures: Expenditures should basically be classified by activity, with breakdowns by object classification or grouping of objects. The following specific provisions shall be applicable to classifications of expenditures:
        1. Staff benefits and FWS expenditures should be reported by activity. In Athletics, the “Grant-in-Aid” classification should include scholarships, room and board, books, fees and other costs directly associated with individual student athletes.
        2. Where several activities are managed by one office, the managing office may be listed as a separate activity with object classifications shown. The last line of the operating expenditures shall show the allocation of these costs to the operating activities. The management of a group of activities may also be reported under one of the activities by detail object, with the appropriate allocation shown as the last item under operating expenditures.
        3. Operating expenditures for prorated plant costs may be shown as one line, or they may be shown in further breakdowns under the Plant Allocation heading. Extraordinary Maintenance costs may be listed separately under plant operations. However shown, the Maintenance and Operation of Plant Costs must be clearly identifiable.
        4. An “Excess (Deficit) of Revenues over Expenditures” sub-total before transfers must be included.
        5. Transfers must be classified as Mandatory or Non-Mandatory, and detailed by the fund to which the transfer is made.
        6. All direct costs will be charged to the appropriate activity. Where actual incurred costs apply to more than one activity, the costs will be allocated or prorated to each auxiliary enterprise. Salaries and wages will be utilized as the allocation base, unless otherwise designated. For example, vending and contracted food services must have the appropriate cost of the person(s) or activity which coordinates or manages them allocated as an expenditure. These are direct costs which are not replaced by institutional support allocations.
      4. Allocation of Institutional Support to Auxiliaries:
        1. Auxiliary enterprises shall be charged directly for the specific and specialized services or benefits they receive, whether the initial charge is in Institutional Support, Student Services, or some other functional area. For example, if an employee is directly responsible for the management of an Educational and General activity and an Auxiliary Enterprise activity, their salary and related expenses should be prorated.
        2. Institutional Support functions which provide no benefit to Auxiliary Enterprises may not be allocated, such as the chief academic officer, catalogs and bulletins, and graduation expenses.
        3. All other institutional support costs shall be allocated on the basis of salaries and wages. “Direct” charges which are charged to auxiliaries should be broken down by object classification between salaries and wages and all other objects.
        4. Institutional Support allocation should be a separate line item expenditure on supplemental reports.
      5. Plant Costs Allocated to Auxiliaries:
        1. Proportionate amounts of all Operation and Maintenance of Plant costs shall be allocated to Auxiliary Enterprises. The allocations shall be made on the basis of the most accurate information and the most reasonable basis in accordance with the following provisions.
        2. A direct charge basis shall be used when the institution maintains a work order or other costing system which records this information. The total of all costs incurred by the Maintenance and Operation of Physical Plant must be included in the costing system. Where only a portion of the costs is accounted for by direct job orders, the balance of the costs shall be prorated on the basis of square footage or on the basis of the direct charges which have been identified.
        3. In the absence of accurate costing information, the Maintenance and Operation costs shall be allocated on a square footage basis. Where adjustments are made to any of the allocations, for example, dormitories which are not used in the summer, similar adjustments shall be calculated and recorded for Educational and General Facilities which may not have been in full use during all periods of the year. Due to the difficulty of establishing a reasonable basis for allocation, Care of Grounds costs may also be allocated on a square footage basis.
        4. It is permissible to allocate some cost elements, such as Custodial Services and Maintenance and Repairs, on a direct charge basis and other costs such as Utilities on a square footage basis. The administrative expense of Maintenance and Operation must be allocated on the same basis that other direct services are allocated. Where a square footage basis is used, the administrative costs must be allocated on the basis of the relative direct charges made to auxiliaries. Any allocation basis other than direct charge of square footage must be approved by the Board staff.
      6. Replacement of Equipment and Facilities
        1. Any mandatory allocations for accumulating funds for the replacement of equipment and facilities must be made in accordance with the bond indenture or other binding external agreements. In financial reporting, these items shall be listed under Mandatory Transfers as transferred to Funds for Renewal and Replacement.
        2. Non-Mandatory Transfers may be permitted, based upon the excess of revenues over expenditures and other transfers. Where a particular auxiliary or group of auxiliaries, such as dormitories, does not have a sufficient excess of revenues over expenditures and other transfers, Non-Mandatory Transfers to Renewals and Replacements are not permitted.
      7. Debt Service
        1. Mandatory Debt Service Requirements must be shown as transfers to Funds for the Retirement of Indebtedness in accordance with external binding agreements such as bond indentures and agreements with the Tennessee State School Bond Authority. Strict adherence to the absolute transfers required by these external agreements must be made. Where agreements require only that the earnings will be available for debt retirement but do not specify where deficiencies in Debt Services Requirements are to be generated by the institution, the Mandatory Transfer may not include any amount in Excess of Revenues Over Expenditures and other Transfers.
        2. Other transfers to Retirement of Indebtedness will be based strictly upon the nature of the transaction. Only where funds to increase Debt Service Requirements are planned by the institution to come from the auxiliary activity may Non-Mandatory Transfers to Debt Service be shown. Where funding for Retirement of Indebtedness is made from debt service fees assessed to all students from general funds or from other sources, the addition to Retirement of Indebtedness funds shall not be shown as an auxiliary transfer.
Sources: 

Authority

T.C.A. § 49-8-203

History

May 22, 1979 SBR Presidents meeting. Revised July 1, 1984; February 16, 1988; November 8, 2006; Revised at Presidents Meeting, February 4, 2014.

Policy Number: 
B-010
Policy/Guideline Area: 
Business and Finance Guidelines
Applicable Divisions: 
TCATs, Community Colleges, System Office
Purpose: 

The purpose of this guideline is to establish the process regarding collection of accounts receivable at the System Office and institutions governed by the Tennessee Board of Regents.

Definitions: 
  • Disposable earnings - means that part of the earnings of an individual remaining after the deduction from those earnings of any amounts required by law to be withheld.
Policy/Guideline: 
  1. General
    1. This guideline applies to the collection of all accounts and notes receivable by institutions in the Tennessee Board of Regents System. Institutions shall, to the maximum extent practicable, require payment in advance for all services and goods to avoid the creation of receivables.
      1. TBR Policy on the Payment of Fees. Policy No. 4:01:03:00 requires (with limited exceptions) that all assessed fees be paid in advance by a student before being considered enrolled for any academic term.
      2. Types of Receivables. Accounts and notes receivable may be generated from programs and activities including but not limited to:
        1. Student loan programs;
        2. Deferred payment programs;
        3. Traffic and parking fines;
        4. Library fines;
        5. Bad checks;
        6. Contracts;
        7. Property rental; 
        8. Damage, loss, or liability to the institution by others; and 
        9. Financial aid adjustments.
      3. Security Deposits. Institutions are authorized to require any person to post a deposit or security bond, or provide appropriate insurance to offset potential obligations to the institution arising from programs or activities.
      4. Statute of Limitations. Pursuant to T.C.A. § 28-1-113, there is no time limit on the institutions' authority to collect receivables unless otherwise expressly provided by statute.
  2. General Collection Procedures
    1. Institution Procedure. Each institution shall establish a written systematic process and procedure for collecting receivables from all persons including students and employees.
      1. The provisions included in this guideline may be modified by an institution based on sound and responsible management practices.
      2. Any modifications should result in more cost-effective procedures or provide better or more convenient service to debtors of the institution without compromise to collection.
    2. Billing. Collection efforts should begin no later than thirty days after the obligation has been incurred or other fixed due date.
      1. An institution may negotiate alternative payment arrangements with debtors when such arrangements offer the best prospect of collecting the debt.
      2. An account becomes delinquent based on payment criteria established by the institution for the type of debt involved. An institution shall include a schedule defining delinquent periods.
      3. For example, debts from students may not be classified as delinquent until a student fails to enroll in a subsequent fall or spring semester where the provisions of the "Record Holds" in II.E. below would apply.
      4. On the other hand, rent for facility usage may become delinquent when rent is not paid by the tenth day after the due date.
    3. Delinquent Accounts. A minimum of three billings or letters of contact shall be sent by the institution at thirty-day intervals once an account becomes delinquent.
      1. For debts of $100 or more, the third letter should indicate that the account will be referred to a collection agency if payment is not made within a specified date.
      2. Sending letters by certified mail is optional.
    4. Defaulted Accounts. Accounts are classified as defaulted when the institution’s established collection efforts for the type of debt have failed to produce payment.
      1. Receivables of $100 or more shall be referred to a collection agency if the institution's collection efforts are unsuccessful.
      2. The accounts should be submitted to the agency within a reasonable time after the final collection letter is sent if the debtor has not responded.
      3. Referral of accounts under $100 to a collection agency is not required.
        1. No additional collection efforts are required for receivables under one-hundred dollars ($100.00), except as provided for under the Record Holds (Section II.E) and Employee Receivables (Section III.).
        2. See Section X. for write/off procedures.
    5. Record Holds. Institutions are authorized to issue diplomas, certificates of credit , or official transcripts only after the student involved has satisfied all debts or obligations owed to the college, including, but not limited to, its bookstores, libraries, food service centers, dormitories, infirmaries, or hospitals. However, this does not prevent the conferring of the degree.
      1. This limitation does not apply to debts of less than one-hundred dollars ($100.00).
      2. This limitation shall not apply to debts or obligations:
        1. Evidenced by notes or other written contracts providing for future payment, such as, but not limited to, loans authorized under federal or state education or student assistance acts.
        2. An amount owed under the institution’s installment payment plan for enrollment fees which is not yet due shall not cause a hold to be applied. A notice stating specific amount due should be sent to each student prior to completion of registration.
      3. Notwithstanding the limitation above, the colleges in the college system of Tennessee shall issue a certificate of credit or official transcript for a student seeking admission to any college in that system if the student has entered a written agreement (acknowledgement of debt/promise to pay) to satisfy the outstanding debt or obligation owed to the college issuing the certificate of credit or official transcript. Any certificate of credit or official transcript so issued shall indicate that it is subject to an outstanding debt owed to the issuing college. The college receiving such a certificate of credit or official transcript shall not subsequently issue a diploma, certificate of credit, or official transcript to that student until it received proof that the student has satisfied the outstanding debt to the college that issued the certificate of credit or official transcript.
    6. Enrollment Holds.
      1. A student must pay any past due debts and obligations owed to the institution incurred in prior academic terms before being permitted to register at the institution unless the debt is less than $100 or an acknowledgement of debt/promise to pay agreement (see section II. G) for the prior debt or obligation has been executed.
      2. Institutions shall allow enrollment when the outstanding obligation is less than $100.
      3. Additionally, all known debts and obligations to the institution incurred during the current term and $100 or greater must be satisfied prior to a student being allowed to pre-register for any future terms.
      4. An amount owed under the institution’s deferred payment plan for enrollment fees which is not yet due shall not cause an enrollment hold to be applied.
      5. A student that is currently assigned to a collection agency will be allowed to register if the student signs an agreement (acknowledgement of debt/promise to pay) that acknowledges they will not be allowed to receive a diploma, certificate of credit or official transcript until the debt is paid in full. The student account will not be recalled from the collection agency.
    7. Acknowledgement of Debt/Promise Agreement for Prior Debt and Obligations. A student that has prior outstanding debt and was not enrolled in the preceding semester (excluding summer semester) may execute an acknowledgement of debt/promise to pay agreement with the institution and be allowed to register.
      1. The agreement will require that the debt be fully satisfied before a diploma or degree will be issued.
      2. The agreement will require continuous enrollment (Fall and Spring). If continuous enrollment is not maintained the institution may continue with normal collection procedures as delineated herein or pursuant to the terms of any previously executed repayment agreement.
      3. A student may only ever execute one such agreement with the institution.
      4. "Continuous enrollment" means a student is enrolled in the fall and spring semesters of a single academic year unless granted a medical or personal leave of absence. Allowable medical or personal reasons may include illness of the student; illness or death of an immediate family member; extreme financial hardship of the student or student’s immediate family; fulfillment of a religious commitment encouraged of members of that faith; fulfillment of required initial active duty for training as a National Guard or Reserve member or for National Guard or Reserve mobilization.
    8. Aging. All receivables should be aged at least annually.
    9. Documentation. Accurate records of correspondence, telephone calls, and personal contacts with borrowers shall be maintained. Institutions shall comply with record maintenance, safekeeping, and retention regulations for federally funded loans.
  3. Employee Receivables
    1. Procedure for Withholding. Employee receivables (including student employees) may result from, among other things, traffic and parking fines, library fines, institution services or bad checks.
      1. In order to recoup the amount owed from the employee's paycheck, notice of intent to withhold must be sent to the employee by registered or certified mail, email, or personally delivered.
        1. The notice should inform the employee of the amount alleged to be owed and should specify that he may elect to pay the debt in full, authorize deductions from his paycheck or, if the employee is terminating, the check for accrued but unused annual leave, or contest the intent to withhold through an institutional or UAPA hearing.
        2. Subsequent to receiving a pre-deprivation notice of the debt owing, the employee, within 15 calendar days of receipt of such notice, must:
          1. Pay the debt in full;
          2. Authorize the institution to withhold a designated amount from each subsequent paycheck or, if the employee is terminating, from the accrued but unused annual leave until the debt is paid in full;
          3. Elect to contest the intent to withhold through an institutional hearing; or,
          4. Elect to contest the intent to withhold through a contested case hearing held pursuant to T.C.A. § 4-5-301, et seq.
      2. If the employee elects an institutional hearing, the employee shall appear on behalf of himself but is entitled to be advised by counsel.
        1. The Chief Business Officer of a campus or unit or their representative, or a representative of the department involved in the debt, shall be present to represent the institution.
        2. The case will be heard before one hearing officer designated to hear all cases on that date.
        3. The hearing officer must be an individual who is not so closely connected with the collection of the debt that they cannot render an unbiased and objective decision on the validity of the debt.
        4. Such hearing should be held within one week of the decision to elect the hearing.
        5. The hearing officer shall render a decision on the validity of the debt. If the debt is ruled valid, the debt shall be deducted from the employee's payroll check beginning at the end of the next appropriate pay period in accordance with deduction schedules.
        6. If the employee elects a UAPA hearing, the Office of General Counsel should be notified immediately.
        7. If the employee refuses to pay, authorize deduction, or specify or waive a hearing process, a UAPA hearing must be initiated.
        8. The employee's failure to appear at either an institutional or UAPA hearing will constitute default, or, if a prima facie case is presented that the debt is owed, it will be deemed valid; the appropriate deductions may then be made.
        9. Additionally, if a UAPA hearing, a Default Order must be issued.
        10. If the employee does not appeal the Default Order, funds may be deducted as specified.
    2. Limitations on Amounts to be Withheld. The deduction from any check shall not exceed the maximum deductible under state garnishment laws.
      1. The maximum amount of disposable earnings of an individual for any work week which is subjected to garnishment may not exceed:
        1. Twenty-five percent (25%) of his disposable earnings for that week; or
        2. Thirty (30) times the federal minimum hourly wage at the time the earnings for any pay period become due and payable, whichever is less.
      2. In the case of earnings from any pay period other than a week, an equivalent amount shall be in effect.
      3. These limits are applicable to retirement funds, but are not applicable to checks for accumulated annual leave.
      4. Additionally, the above limits do not apply to employee overpayments.
    3. Retirement Funds. If a former employee is found to owe a debt to the state, retirement funds may be utilized to pay off the amount owing to the extent permitted by Tennessee law.
      1. The same procedural steps outlined in III.A. for notice and the opportunity for a hearing must be followed.
      2. Accumulated retirement contributions of a former employee terminated for any reason and for which he has made application, or monthly benefits of a retired employee are subject to withholding to the extent permitted by Tennessee law.
      3. A copy of the final order resulting from an institutional or UAPA hearing, or a signed waiver of hearing and written agreement of the former employee authorizing deductions should be sent to the director of the retirement system along with a written request to withhold, specifying the reason for the claim and the total amount involved.
    4. Recovery of Overpayments to Employees. Unlike cases in which the employee owes the institution money, in instances of overpayments to employees there is no obligation to provide a hearing.
      1. The institution is obligated, however, to attempt to recoup the funds. The institution should advise the employee in writing of the overpayment and the institution’s proposed actions to correct the overpayment.
      2. The method of repayment will depend upon the amount of the overpayment, the time which has elapsed between the overpayment and its discovery, the hardship which immediate repayment might cause the employee because of amount of current salary and personal expenses, the culpability of the employees in not reporting the overpayment, and the longevity as well as the expectation that the employee will remain in state government until the repayment is completed.
      3. If a current employee receives overpayment, the refund may be made in one of the following ways:
        1. Repayment by the employee by cash or check; or,
        2. Adjustment of deductions to be made automatically from the employee's paycheck, either with a single deduction or a series of deductions made from each paycheck until the full amount is recovered.
        3. The amount of partial payments recovered by the latter method should be reasonable and systematic so that full recovery will be completed within the shortest period possible.
      4. If overpayment is discovered after the employee terminates employment with the state, an account receivable should be established.
        1. The former employee should be notified of the overpayment, the circumstances of the overpayment and a request that the employee contact the appropriate campus official.
        2. If the employee has not received his final paycheck, the appropriate deduction from that check can be made.
        3. If the final paycheck has been received, negotiations for reimbursement should be initiated.
        4. If repayment cannot be negotiated or collected, the account should be turned over to the collection agency.
        5. In the event collection is not possible, proper write/off procedures should be followed.
      5. In instances in which the employee has agreed to systematic deduction(s) from his paycheck(s), written authorization from the employee is encouraged.
      6. Each campus shall draft forms to document overpayments, the steps taken to recoup same, any negotiated repayment plan, the amounts received, and any write/off of the overpayment.
  4. Dishonored Payments
    1. Enrollment Fees. Pursuant to the Board Policy on the Payment of Fees and Enrollment of Students (4:01:03:00), if any student tenders payment of fees by a check or credit card that is subsequently dishonored by the financial institution, and the payment is not redeemed in cash within the time period specified below, the institution has the option to not consider that student enrolled at the institution.
      1. At the discretion of the institution, the student may be considered enrolled and will be assessed the applicable returned check fee, the late registration fee, and will be denied grade reports, transcripts and future registration privileges until such dishonored check is redeemed.
      2. Institutions have the discretion to allow enrollment when the outstanding obligation is $200 or less.
      3. Institutions may deny future check writing privileges to students that have paid registration fees with checks that are subsequently dishonored.
      4. While institutions have discretion in how these situations will be handled, all students must be treated the same at that institution. 
      5. A student paying enrollment fees with a check that is dishonored must redeem the check within five (5) calendar days from receipt of the notice.
        1. Notice should be sent by the institution to the student no more than three (3) working days from receipt of notice of a bad check from the bank.
        2. Notice by certified mail is optional.
        3. The institution will have five (5) working days after the expiration of the five (5) calendar days to pursue any additional collection efforts deemed necessary.
        4. Immediately after the five (5) working days, the student will be deleted if the check has not been redeemed in full if that option is selected by the institution.
        5. Enrollment fees including returned check fees for students de-enrolled for bad checks should be reversed.
    2. Non-Student or Non-Employee. Any person other than a student or employee who tenders a check for payment for goods or services which is subsequently dishonored shall be given the opportunity to redeem the check and pay the amount due in cash. The person shall be given notice of the dishonored check, sent certified mail, demanding payment within five (5) days.
    3. Collection of Dishonored Checks. A check presented for payment of any goods or services which is subsequently dishonored shall be treated as an account receivable under Section II. Any transactions that have been processed should be reversed when possible and appropriate.
    4. Future Check-Writing. Receipt of one or more bad checks from any person may result in that person becoming ineligible to make payments by check thereafter, or to have any check cashed by the institution. A record of individuals who have written bad checks should be maintained.
  5. Federal Loans
    1. Federal Regulations. Collection officers should be certain that they are consulting the most recent legal authorities concerning Federal loans. These authorities include interpretative materials, issues letters, manuals, Congressional Enactments and Federal Department of Education Regulations.
    2. Pre-Loan Counseling. Federal regulations require an institution to conduct entrance counseling to stress the importance of repayment, describe the consequences of default and emphasize the terms of repayment. An individual with Federal Regulations expertise should be available during and after the session to answer questions.
    3. Exit Interview. An individual or group exit interview must be conducted to discuss the borrower's financial responsibilities and to obtain updated information. Exit interview materials may be sent by certified mail to borrowers who do not attend the exit interview.
      1. The borrower should be provided with a copy of the note and two copies of the repayment schedule.
        1. These schedules can be provided either in person or by certified mail.
        2. The borrower should promptly sign and return one of the schedules to the institution.
        3. A minimum payment of $30 per month should be required for Perkins Loans made prior to October 1, 1992, $40 per month for Perkins Loans made after October 1, 1992, and $15 per month for Health Professions Student Loan (HPSL) and Nursing Student Loan (NSL) programs.
    4. Grace Period Notices. Contact with the borrower should be made during the initial and post-deferment grace periods.
      1. For a nine-month grace period, notices are required 90 days, 180 days and 240 days after the grace period begins.
      2. For a six-month grace period, notices are required at 90 days and 150 days.
      3. The last contact should coincide with the first billing notice.
    5. Billings. A written notice and statement of account should be sent at least 30 days before the first payment is due. If a coupon system is used, coupons should be sent instead of statements. Future statements should be sent at least 15 days before each payment is due.
    6. Late Payments or Delinquent. Three past due notices should be sent beginning when the debt is fifteen days past due. The second notice is sent 30 days from the first notice. A final demand letter should be sent within 15 days of the second past due notice. If all past-due follow-up procedures have failed to elicit a response, a telephone call is required within 30 days of the final demand letter.
    7. Cancellation or Deferments. An institution may postpone loan repayments for a 12 month period if the borrower will be providing services eligible for loan cancellation or deferment.
      1. Interest does not accrue and the loan is not considered delinquent when in a deferred status.
      2. The borrower must request deferment and cancellation status on an annual basis.
      3. If, at the end of the postponement period, the borrower does not qualify for cancellation or deferment, the postponed payments are due.
    8. Acceleration. The borrower must be given written notice of intent to accelerate at least 30 days in advance. This can be included in the final demand letter.
    9. Federal Loans Not Written Off. Annual collection efforts should be pursued for Federal loans that are not able to be written off or turned over to the U.S. Department of Education.
    10. Perkins Loans. The IRS/ED skip-tracing service should be used for Perkins Loans.
  6. Collection Agencies
    1. General. The Tennessee Board of Regents shall provide, on a system-wide basis, collection services through one or more companies.
      1. The service should provide for the referral of all types of delinquent accounts and notes from the institutions to the designated company only after campus collection efforts have been exhausted.
      2. The terms of the contract and RFP govern all collection actions.
      3. Unless otherwise prohibited by law or regulation, any note, contract or lease which may result in accounts receivable to the institution should contain a provision pursuant to which the person will be responsible for the costs of collection and reasonable attorneys' fees in the event of default, and should further provide for the assignment of the account or note to the proper agency.
    2. Billing Services. Institutions may use an outside billing service to collect payments on accounts receivable. The service should be familiar with all provisions of loan programs and provide prompt, clear and accurate bills.
    3. Credit Bureaus. Institutions may report all loans when made to a credit bureau. The institution must obtain the borrower's consent to report loans not in default by including a statement in the promissory note or some other document that is signed by the borrower at the time the loan is made.
    4. Collection Agency. Accounts that are still delinquent 30 days after the final collection letter should be turned over to a collection agency. Receivables less than $100 are not required to be turned over to a collection agency.
    5. Reporting Requirements. The collection agency should be required to report the status of delinquent loans periodically to each institution and to the Tennessee Board of Regents.
    6. Revised Repayment Plan. A revised repayment plan agreement should be signed by the borrower if the borrower returns to repayment status.
    7. Recalling Accounts from Collection Agency. No account should be recalled from a collection agency other than debts eligible for deferment, postponement, cancellation, bankruptcy, death, disability or some other mitigating circumstance (institutional error, etc.).
      1. No account should be recalled in order for a borrower to re-enroll or obtain a transcript.
      2. A student who is currently assigned to a collection agency will be allowed to register if the student signs a repayment agreement that acknowledges they will not be allowed to graduate until the debt is paid in full. The student account will not be recalled from the collection agency.
      3. The borrower should pay the accelerated amount plus collection costs to the collection agency.
  7. Litigation
    1. General. After all other attempts at collection have failed, the institution must authorize litigation of accounts of $2,000 or more providing litigation costs do not exceed the amount which can be recovered. Generally the collection services contract will provide for litigation when appropriate.
    2. Federal Loans. If a Federal loan cannot be litigated for any of the following reasons, it should be assigned to the U.S. Department of Education:
      1. Borrower has no assets;
      2. Address unknown;
      3. Debtor is incarcerated;
      4. Debtor is on Public Assistance;
      5. Unable to serve borrower with court papers;
      6. Litigation is in process and debtor skips;
      7. Expected cost of litigation exceeds amount to be recovered from borrower.
  8. Bankruptcy
    1. General Information - Each institution shall designate a bankruptcy contact person to serve as a liaison between the institution and the Attorney General's office.
      1. Once notice of, or a petition for, bankruptcy is received, all collection efforts against the debtor must cease immediately.
      2. If the account is at a collection agency, the file must be returned to the institution immediately.
      3. The institution should immediately forward the file to the Attorney General's office with a Referral Form and the documentation specified on the Referral Form.
      4. The institution should also provide a copy of this information to the TBR General Counsel's office.
      5. The Attorney General's office will advise the institution when and if collection efforts may resume, depending on the debt's discharge ability.
        1. NOTE: Effective for actions filed on or after 5/28/91, the period during which an educational loan may not generally be discharged will increase from five (5) years to seven (7) years.
        2. This period is calculated from the date the loan first came due to the date the bankruptcy action was filed, exclusive of periods during which repayment obligations are suspended.
        3. Additionally, obligations to repay an "overpayment" of, or any other obligation to repay an "educational benefit" provided by a governmental unit or under a program funded by a government unit or non-profit institution will be excepted from discharge during the same seven year period under either Chapter 7 or 13 unless the borrower establishes that repayment constitutes undue hardship. 
    2. Chapter 7 (Liquidation) Upon receiving any notice of the filing of a petition, all collection efforts against the debtor must be suspended immediately until the bankruptcy has been discharged.
      1. Collection efforts may continue against an endorser.
      2. The institution shall immediately forward the file to the Attorney General's office with a Referral Form and the documentation specified on the Referral Form.
      3. A copy of this information should also be provided to the TBR General Counsel's office.
      4. Educational loans: If the date of bankruptcy filing is after the expiration of the exception period, the loan should be written off once the notice of discharge is received unless there is some other basis upon which to challenge discharge ability.
        1. The Attorney General's office will contact the institution to advise whether the debt is dischargeable.
        2. However, if there is an endorser, collection efforts may proceed against him.
        3. If the date of bankruptcy filing is before the expiration of the exception period, collection activity may be reinstated once the notice of discharge is received due to the self/executing nature of the exception unless the debtor has been able to establish discharge ability of the debt through an adversary proceeding.
        4. If the institution is served with a summons and complaint, the institution shall immediately fax to the Attorney General's bankruptcy unit a copy of the Summons and Complaint, the debt payoff amount, the date the note went into repayment, and any deferment and/or forbearance history.
        5. A copy of this information should also be provided to the TBR General Counsel's office.
      5. Other debts: The institution shall immediately forward the file to the Attorney General's office with a Referral Form and the documentation specified on the Referral Form.
        1. A copy of this information should also be provided to the TBR General Counsel's office.
        2. When the notice states "No assets," unless the institution is a secured creditor (in which case a proof of claim would have been filed), the debt must be written off once the Attorney General's office provides the institution with notice of discharge.
    3. Chapter 13 (Reorganization)
      1. NOTE: For petitions filed on or after 11/5/90, an educational loan is non-dischargeable if the loan first became due within five years calculated from the date the loan first came due to the date the bankruptcy action was filed, exclusive of periods during which repayment obligations are suspended.
      2. Effective for bankruptcies filed on or after 5/28/91, that same five (5) year period was increased to seven (7) years. See NOTE above for further details.
      3. Regardless of the date of filing or the nature of the debt owing, upon receiving any notice of the filing of a petition, all collection efforts against the debtor and endorser must cease immediately.
        1. The institution shall immediately forward the file to the Attorney General's office with a Referral Form and the documentation specified on the Referral Form.
        2. A copy of this information should also be provided to the TBR General Counsel's office.
        3. The Attorney General's office will advise the institution whether the debt is dischargeable and the extent to which collection activities may be reinstated.
      4. If the seven (7) year exception period applies and the debtor serves the institution with a summons and complaint the institution shall immediately fax to the Attorney General's bankruptcy unit a copy of the Summons and Complaint, the debt payoff amount, the date the note went into repayment, and any deferment and/or forbearance history.
        1. A copy of this information should also be provided to the TBR General Counsel's office.
      5. Other debts: The institution shall immediately forward the file to the Attorney General's office with a Referral Form and the documentation specified on the Referral Form.
        1. A copy of this information should also be provided to the TBR General Counsel's office.
        2. The Attorney General's office will advise the institution as to the discharge ability of the debt.
  9. Write Offs
    1. Authority. The Tennessee Board of Regents and its institutions are authorized to write off uncollectible receivables pursuant to policies outlined in Chapter 0620-1-9 of the rules of the Department of Finance and Administration.
      1. This includes the write off of any account of five thousand dollars ($5,000) or greater and/or accounts aggregating twenty-five thousand dollars ($25,000) or more.
      2. Receivables submitted for write off must have been subjected to appropriate collection efforts in accordance with this guideline and institution procedures.
    2. Reserve. A reserve for doubtful accounts should be established for activities for which accounts receivable represent a material amount to the activity income.
      1. The reserve should be reported in the financial records of the institution.
      2. Receivables which prove to be uncollectible after prescribed collection efforts have been exhausted should be written off by a charge to the reserve for doubtful accounts after appropriate approvals are obtained.
    3. Approval. The proposed write offs must be approved by institution officials not directly involved in recording and collection of accounts receivable.
      1. The institution president and chief business officer should certify compliance with the prescribed statute and collection guidelines.
      2. The accounts submitted for write off should be single accounts of $5,000 or more and/or accounts aggregating $25,000 or more. The write off request summary and certification, along with a detailed list of the accounts, should be submitted to the Vice Chancellor for Business and Finance's office for approval.
      3. The write off request must be approved by the Chancellor or designee and General Counsel and forwarded by TBR for approval by the Commissioner of Finance and Administration and the Comptroller of the Treasury.
        1. TBR will send approved write offs to the institution for the appropriate accounting.
      4. Requests for the write off of single accounts of less than $5,000 and/or accounts aggregating less than $25,000 shall be approved at the institution level by the appropriate officials.
        1. These requests do not require additional approval by the Tennessee Board of Regents office or State Departments.
    4. State/TBR Employees. Any debtors identified by the TBR or State as employees with debts $50 and above will not be approved for write off.
      1. Information on the employing institution or agency will be returned to the institution for additional collection efforts.
      2. If the debtor is a state employee, the Chief Business Officer of the department employing the debtor should be notified.
      3. The department employing the individual will be responsible for taking the appropriate action to collect the debt.
      4. If the department is unsuccessful in collecting the debt, written notification will be sent to the institution.
        1. The written notification shall be submitted with the next write off request for approval.
      5. If the debtor works for another TBR institution, the Chief Business Officer of the employing institution should be notified and will be responsible for collecting the debts utilizing the steps in Section III, Employee Receivables, of this policy.
        1. Written notification should be sent to the requesting institution if collection efforts are unsuccessful.
        2. The written notification shall be submitted with the next write off request for approval.
        3. The institution may agree to payment through payroll deductions if the employee signs a payroll deduction authorization.
    5. Former TBR Employees. If a debt or obligation was incurred while a TBR employee, the debt constitutes an account receivable; refer to Section II.
    6. Holds on Written Off Receivables. A hold on transcripts and future registration will continue until the debt is cleared for former students whose receivables were written off if the debt was one-hundred ($100) dollars or more.
      1. Institutions will continue to withhold certificates of credit, diplomas, grade reports, and transcripts for these accounts until they are paid in full or meet the criteria established in T.C.A. § 49-9-108.
      2. A student who has prior outstanding debt and was not enrolled in the preceding semester (excluding summer semester) may execute a repayment agreement with the institution and be allowed to register. The repayment agreement will require that the debt be fully satisfied before a diploma or degree will be issued. A student may only ever execute one such repayment agreement with the institution.
  10. Gramm-Leach-Bliley Act Contract Clause
    1. Include the standard language printed below in all future contracts with third party service providers that have access to the institution’s customers’ non-public financial information.
      1. “Throughout the term of this Agreement, Service Provider shall implement and maintain ‘appropriate safeguards,’ as that term is used in § 314.4(d) of the FTC Safeguard Rule, 16 C.F.R. § 314, for all ‘customer information,’ as that term is defined in § 314.2(b) of the FTC Safeguard Rule, delivered to Service Provider by Institution pursuant to this Agreement.
      2. The Service Provider shall implement an Information Security Program (‘the Program’) as required by the FTC Safeguard Rule.
      3. Service Provider shall promptly notify the Institution, in writing, of each instance of;
        1. Unauthorized access to or use of that nonpublic financial customer information that could result in substantial harm or inconvenience to a customer of the Institution; or
        2. Unauthorized disclosure, misuse, alteration, destruction or other compromise of that nonpublic financial customer information.
      4. Service Provider shall forever defend and hold Institution harmless from all claims, liabilities, damages, or judgments involving a third party, including Institution’s costs and attorney fees, which arise as a result of Service Provider’s failure to meet any of its obligations under this provision.
      5. Service Provider shall further agree to reimburse the Institution for its direct damages (e.g., costs to reconstruct lost or altered information) resulting from any security breach, loss, or alteration of nonpublic financial customer information caused by the Service Provider or its subcontractors or agents.
      6. Service Provider grants Institution the right to conduct on-site audits, as deemed necessary by the Institution, of the Service Provider’s Program to ensure the integrity of the Service Provider’s safeguarding of the Institution’s customers’ nonpublic financial information.
      7. Institution retains the right to unilaterally terminate the Agreement, without prior notice, if Service Provider has allowed a material breach of its Program in violation of its obligations under the GLBA, if Service Provider has lost or materially altered nonpublic financial customer information, or if the Institution reasonably determines that Service Provider’s Program is inadequate.
      8. Within thirty (30) days of the termination or expiration of this Agreement, Service Provider shall, at the election of Institution, either:
        1. Return to the Institution; or
        2. Destroy (and shall cause each of its agents to destroy) all records, electronic or otherwise, in its or its agent’s possession that contain such nonpublic financial customer information and shall deliver to the Institution a written certification of the destruction.” 
Sources: 

Authority

T.C.A. § 49-8-203; Public Chapter 739 of the Public Acts of the State of Tennessee, 2018; T.C.A. §§ 28-1-113, 4-5-301 et seq., 49-9-108; 16 C.F.R. § 314

History

November 16, 1977, TBR presidents meeting. Revised July 1, 1984. Revised May 17, 1988.  Revised May 12, 1992.  Revised August 9, 1994, TBR presidents meeting.  Revised November 9, 1994, TBR presidents meeting.  Revised May 14, 1996, presidents meeting.  Revised August 25, 1998, presidents meeting. Revised May 11, 1999, presidents meeting.  Revised May 21, 2001 presidents meeting.  Revised May 16, 2006 presidents meeting.  Revised November 8, 2006 presidents meeting; Presidents Meeting August 19, 2008; Presidents Meeting November 5, 2008; Presidents Meeting, May 21, 2013; Presidents Meeting February 2, 2016; Presidents Meeting May, 2018.

Policy Number: 
2.08.30.00
Policy/Guideline Area: 
Academic Policies
Applicable Divisions: 
TCATs, Community Colleges
Purpose: 

The Tennessee Board of Regents will support the unique needs of international students and international faculty at TBR institutions.

 

Policy/Guideline: 

The Tennessee Board of Regents encourages its constituent institutions to receive international students and faculty into their communities in order to strengthen and expand the global academic market of ideas and knowledge. The TBR recognizes that international students and scholars have legitimate special needs, many of which are imposed by federal immigration laws and others which are ethical responsibilities.

In general, TBR institutions, which have international students, faculty, or academic staff, shall provide trained personnel to deliver services required by law and not discriminate against any international student, faculty, or academic staff member on the basis of national origin.

Procedures: 
  1. Recruitment and Admission of Students
    1. TBR institutions that choose to contract with any organization, agency, or agent which recruits international students on a per capita fee basis must either use agents vetted through a recognized professional group or base the payment of recruitment fees upon a successful matriculation outcome.
    2. TBR institutions will accept international students for admission to their programs according to TBR Policy 2.01.00.00, established academic criteria and such other requirements as the U.S. Department of Homeland Security may impose upon non- immigrant foreign nationals, excluding from such decisions any economic benefit, which may accrue, to the institution or the system.
    3. Admission Standards
      1. All TBR institutions will seek reasonable and appropriate consistency in determining admissions standards for degree-seeking students, including use of the TOEFL (Test of English as a Foreign Language) or IELTS (International English Language Testing System) scores, transfer credit policies, transcript evaluation, recognition of degrees from foreign institutions, and the like, recognizing that differential policies in such areas may damage the academic credibility of the TBR System.
    4. Student Financial Matters
      1. All TBR institutions will establish reasonable and appropriate consistency in determining procedures for tuition payment, acceptance deposits, and other financial matters, taking into account the logistical constraints, which may be posed by international currency transfers.
    5. Student Discipline
      1. All TBR institutions shall inform international students regarding the student conduct and disciplinary policies.
      2. The customs of the international student’s home country shall not, in most instances, be a defense to violations of student conduct and discipline policies.
  2. Academic Support and Other Services
    1. Orientation
      1. Institutions that receive international students must provide an orientation program that specifically addresses the particular needs of those individuals.
    2. Health Insurance
      1. Every international student will enroll in annual health insurance coverage contracted by the TBR, unless a waiver is granted for comparable or superior coverage.
      2. The premium for such insurance may be added to the student's regular institutional billing for tuition, fees, and services.
      3. Institutions must inform international students of all required immunizations at time of admission.
    3. Student Privacy and Foreign Students
      1. The Federal Educational Rights and Privacy Act (FERPA) permits institutions to comply with information requests from the Department of Homeland Security (DHS) and its Immigration and Customs Enforcement Bureau (ICE) in order to comply with the requirements of the Student and Exchange Visitor Information System (SEVIS).
    4. English Proficiency
      1. An offer of admission for a degree-seeking student must not be made when it has been verified that a student does not have adequate English proficiency for the individual institution.
      2. Postponement of admission pending improvement of English skills is preferable to failure or delays in time to degree due to language deficits.
        1. Any TBR institution that conditionally admits students with English proficiency performance below established standards must provide either an appropriate, professionally staffed ESL program or provide access to such a program to remedy such deficiencies.
          1. Students will pay fees for such programs, if not otherwise provided by standard institutional tuition.
          2. Institutions should establish mandatory standard proficiency levels which are expected in order for students conditionally admitted due to language deficiencies to achieve unconditional admission.
    5. Academic and Logistical Accommodation of Foreign Students
      1. TBR institutions must provide international students with fair and reasonable access to classes, and other programs and services, recognizing that normal domestic deadlines and procedures for their delivery may require modification in order to accommodate the extended timeframe often created by the international admissions process.
Sources: 

Authority

T.C.A. § 49-8-203

History

Board Meeting March 26, 2009; TBR Board Meeting December 2, 2010; Revised at Board Meeting, September 28, 2018.

Policy Number: 
2.08.20.00
Policy/Guideline Area: 
Academic Policies
Applicable Divisions: 
TCATs, Community Colleges
Purpose: 

The Tennessee Board of Regents will support faculty and academic staff in developing global competence and engagement in international education programs or courses.

Policy/Guideline: 

The institutions of the TBR System recognize the value of faculty and academic staff developing global competence and as such extend the Tennessee liability coverage to faculty and staff engaging in international education programs or courses to the extent that it is applicable in foreign jurisdictions. These institutions encourage and support activities abroad for professional development, teaching, research, and service with the host countries. The TBR recognizes that these activities vary not only in purpose, but also in duration, type of arrangement with the host country, responsibilities to the home institution, and funding source. Despite these considerable variations, certain overall principles and policy apply.

Procedures: 
  1. The Responsibilities of the Faculty and Academic Staff
    1. Faculty and academic staff abroad must adhere to the following:
      1. Policies - Are governed by the same policies that define faculty and academic staff rights and responsibilities on the home campus.
      2. Compliance with the Law/Awareness of Customs - Must act in accordance with the laws of the host country, and should make themselves aware of the local customs.
      3. Deliver Value - Must be willing, upon return to the home campus, to provide the broadest value to the institution of the time spent abroad.
      4. Adherence to Guidelines - Engaged in faculty exchanges must be familiar with TBR Guideline A-051 Faculty Exchange.
      5. Contracting Requirements- Faculty and staff shall adhere to all applicable contracting requirements, including appropriate contract approval and legal review.
  2. The Responsibilities of the Institution and the System
    1. Orientation - The institution, also known as the home institution, must provide orientation and training for faculty or academic staff with international program responsibilities abroad.
    2. Academic Freedom - The home institution must seek to extend the same rights, responsibilities, and protections of academic freedom that apply on the home campus. Institutions shall, however, inform faculty that the host institution has the right to determine the ultimate parameters of academic freedom involving that faculty member’s presence on the host campus, including the classroom.
    3. Incentives to Pursue and Accept Assignments Abroad - The TBR and its institutions must consider ways to provide incentives for faculty and academic staff to accept professional assignments abroad. Such measures may include, but are not limited to, policies on retirement and fringe benefits; replacement of instruction for academic departments when faculty are on international assignment; and consideration of international activities during tenure and promotion evaluations.
  3. Host Country Considerations
    1. To promote the free exchange of ideas and knowledge, there shall be no restrictions placed on the destinations of faculty or academic staff who engage in legitimate research or teaching, participate in technical assistance projects, consulting, or academic conferences, or engage in similar activities appropriate to their professional development with the exception of nations where the U. S. Department of State currently advises against travel or tourism by Americans.
Sources: 

Authority

T.C.A. § 49-8-203

History

Board Meeting March 26, 2009; Revised September 28, 2018 by Board approval.

Policy Number: 
2.08.10.00
Policy/Guideline Area: 
Academic Policies
Applicable Divisions: 
TCATs, Community Colleges
Purpose: 

The Tennessee Board of Regents will provide students with opportunities to earn postsecondary credit and non-credit service and internship experiences at off-campus international sites.

Definitions: 
  • Tennessee Consortium for International Studies (TnCIS) - TnCIS represents nineteen colleges and universities devoted to making international education and cultural understanding a central goal of higher education throughout the state of Tennessee. TnCIS welcomes membership from all colleges, universities and other organizations seeking to expand opportunities for international educational exchanges.
Policy/Guideline: 
  1. Policy

The Tennessee Board of Regents System (TBR) supports off-campus international educational programs, service, internship or courses as a valid and valuable part of undergraduate education. The TBR encourages all TBR institutions to engage in international opportunities that meet the legitimate academic needs of their students and in cooperation with consortia both internal to the TBR system in which TBR institutions hold membership and those external to the system.

Procedures: 
  1. Introduction
    1. All international education programs or courses operated, sponsored or approved for academic credit by any TBR institution are expected to maintain standards of quality in the delivery of instruction, support services, and administration which are consistent with educational excellence.
    2. In general, programs or courses operated or sponsored by or in combination with any TBR institution abroad shall be:
      1. Within the scope of the mission of the institution;
      2. Integrated into the undergraduate curricula of the sponsoring institution;
      3. Feasible and sustainable;
      4. Subject to regular, periodic evaluation and assessment according to the institution's normal review procedures for academic programs; and
      5. In compliance with all applicable federal and state laws and regulations.
    3. Tennessee Consortium for International Studies (TnCIS)

      1. The Tennessee Consortium for International Studies was formally established by the TBR President’s Council in 2006.

      2. TnCIS operates under the administration and fiscal oversight of Pellissippi State Community College.

        1. The Executive Director reports to the President of Pellissippi State Community College or their designee

        2. All TnCIS staff are employees of Pellissippi State Community College.

        3. All TnCIS faculty will sign dual-service contracts with Pellissippi State Community College

      3. TnCIS protocols and guidelines must be vetted through the TBR Vice Chancellor of Student Success or designee.

    4. Governance

      1. All TBR institutions are members of TnCIS

      2. Each TBR institution may have up to two representatives serve on the TnCIS Advisory Council.

      3. The President at each TBR institution appoints representatives to serve on the Advisory Council.

        1. The TnCIS Advisory Council will meet on a bi-annual basis.

        2. The Advisory Council will make recommendations on any membership fees to TBR institutions.

        3. Non-TBR institutions may join the consortium at the discretion of Pellissippi State Community College.

    5. All institutions including the TnCIS must establish guidelines for operation of international programs.
      1. Institutions engaged in any international activities which are not coordinated through the TnCIS must establish international policies or guidelines for the individual institution and submit them annually to the TBR Office of Student Success.
      2. Institutions may adopt the policies and procedures embraced through TnCIS as a whole, if the institution engages solely in TnCIS study abroad programs.
      3. All policies and procedures established by institutions must be vetted through the appropriate institutional channels including TBR Office of General Counsel, as applicable.
      4. The TnCIS protocols and guidelines must be vetted through the TBR Vice Chancellor of Student Success or designee as well as the TBR General Counsel.
      5. All institutions and TBR sponsored consortia must develop structures for international education programs or courses to be approved by the home institution.
    6. In addition, programs or courses operated or sponsored by any TBR institution abroad shall adhere to the specific policies listed below.
    7. Memorandum of Understanding or Agreement related to international studies requires approval of the institutional Chief Academic Officer, President or the President’s Designee.
    8. All approvals must be forwarded to the TBR Vice Chancellor of Student Success upon completion.
  2. Types of Programs
    1. Institutions may sponsor and administer their own international programs and/or courses or participate in partnerships with international institutions or consortia to offer opportunities for global study to their students.
      1. Institutions must establish policies regarding enrolling TBR students and awarding credit in a timely fashion to these students for international education programs or courses.
      2. Institutions must have in place a policy regarding the acceptance of international transfer credit.  Only credit from institutions recognized by their country’s ministry of education should be considered acceptable to transfer.
      3. Institutions must have policies regarding the enrollment, awarding and transfer of credit for their students matriculating in another TBR or non-TBR affiliated institution or consortia.  The institution must also have policies for non-TBR students matriculating in institutional courses or TBR related consortia.
      4. Non-institutional faculty must meet SACS standards.
  3. Defining Roles
    1. Participants
      1. Students currently enrolled in TBR institutions.
        1. In keeping with best practices, only individuals enrolled in a TBR institution may participate in study abroad programs.
        2. Students enrolled in TBR institutions must be registered at their home institutions in order to participate in international study courses if the course is sponsored by their home institution or by another institution within the TBR system.
        3. Individual institutions should establish guidelines to determine the required preparation necessary for a student to participate in the desired international experience (e.g., GPA, tenure in academic program, academic preparedness, and contributions to the program of study). The TnCIS will employ institutional guidelines and notify individual institutions if they are not in compliance with the guidelines.
        4. Students from non-TBR schools who elect to participate in TBR institution-sponsored international education programs as fulltime transfer students are responsible for transferring credit back to their home institutions.
        5. Individuals who are students at non-TBR institutions or are not students at any institution of higher education must enroll in a TBR institution under “Non-Degree” or “Continuing Education” or “Transient” or “Transfer” student status for the duration of the international education experience. Enrolling in one of these classifications requires that these individuals meet all qualifications, prerequisites, and requirements for selection as a participant in an international education program, participate in all orientation meetings, and pay all tuition and fees to the sponsoring TBR institution.
      2. Faculty or staff employed by the institution serving in an advisory or coordinating capacity to the student or student group while abroad.
      3. Community partnering organization members who serve a coordinating or mentoring role to students engaged in the experience. In such instances, the community partner members must be registered as a volunteer with the institution.
    2. Program Directors and Group Leaders
      1. These are TBR employees who administratively lead and/or teach international education experiences, including individuals outside the institution and those employed at another higher education institution outside the TBR system, who serve in the role of Program Director or Group Leader. Program directors and group leaders, including faculty directing and teaching in the TnCIS programs, must have their role defined and documented by the unit sponsoring the program. This documentation must be on file with the TBR Vice Chancellor of Student Success.
      2. For non-credit bearing service and internship experiences, a group leader may consist of:
        1. Student leaders for an institutionally recognized student organization coordinating the experience for a group of students.
        2. Faculty or staff employed by the institution serving in an advisory or coordinating capacity to the student or student group.
      3. Program directors serve as institutional representatives and as such must maintain current certification as a Study Abroad Leader though the TBR Office of Student Success, the individual institutional training, or the TnCIS study abroad training programs. Individual faculty are responsible for providing documentation of qualifications at the time of application to offer a study abroad program at individual institutions or through the TnCIS.
      4. All program directors of institutionally sponsored trips must create a campus-appropriate training structure and implement institutional assessment guidelines for the completion of such training prior to faculty leading a trip.
      5. Faculty teaching for the TnCIS must submit their academic credentials to Pellissippi State Community College (PSCC) and be appointed as an adjunct faculty member at PSCC.
    3. Faculty Instructors
      1. Faculty who are teaching the international course, but may not be the designated program director, must have their role defined and documented by the unit sponsoring the program.
    4. Non-Credit Experience Program Sponsors
      1. For non-credit bearing service and internship experiences, program sponsors may be:
        1. Faculty
        2. Institutionally recognized student organizations.
        3. Student support services office or academic department.
        4. Sponsoring entity - organization where the student will be placed to do internship or service experience. This would include any non-profit organizations, business or associations located abroad who agree to host the student(s).
    5. Accompanying Spouses and Minors
      1. In cases where a program director or faculty instructor will be traveling abroad for an extended period of time (more than 30 days), it is left to the discretion of the home institution as to whether to allow spouses and minors to travel with the employee.
      2. Spouses and minor children, if allowed to participate, cannot impair the operation or administration of the program, or otherwise infringe on the participants, or incorporate any of their expenses into the program budget.
      3. Spouses and minor children, if allowed to participate, must complete an Assumption of Risk form for the program, consortia (if relevant) and TBR institutions prior to departure.
  4. Best Practices
    1. The TBR is committed to having our institutions identify and adopt relevant practices which can assist our institutions in enhancing and improving their education abroad activities and processes including:
      1. undertaking reasonable steps to be informed of and comply with applicable laws both at home and in the host country;
      2. avoiding arrangements which might violate those laws or accepted business practices of the U.S. or host country;
      3. establishing and maintaining reasonably safe and non-discriminatory, work, study and living conditions for employees and students;
      4. communicating clearly with students the anticipated environmental conditions of the location abroad;
      5. making available current policies, procedures and job descriptions;
      6. exercising due diligence in cost control and adopting clear and reasonable billing procedures for participants;
      7. establishing transparent protocols for data collected;
      8. maintaining sufficient financial resources to meet obligations and exigencies for unanticipated obligations;
      9. enforcing research including human subject research protocols and those of the host country in accordance with standards outlined by the Department of Health and Human Services and National Institutes of Health;
      10. engaging in continuous improvement;
      11. emphasizing academic integrity within the international education experience;
      12. managing all provider arrangements for oversight and evaluation; and
      13. following the established US Import/Export Guidelines.
  5. Types of Programs & Program Documentation
    1. Courses for academic credit, hosted abroad, should provide academic learning opportunities appropriate to the mission of the program and that align to courses in a student’s area of study or which meet general education requirements.
    2. Institutional or campus administered programs led by institutional faculty including:
      1. Course-embedded study abroad;
      2. Course-embedded internships;
      3. Course-embedded service-learning.
        1. Service-learning abroad or community-engaged learning combines structured participation in a community–based project to achieve specified learning outcomes as part of the study abroad program.
        2. Service learning is not the equivalent of civic engagement.
        3. Determination of service learning activities should be mindful of the culture and politics of the location in which the program in offered.
    3. Programs where the institution maintains a central office or facility in another country which is staffed by a resident director and is under close supervision and the TBR institution which awards credit.
    4. Programs at international branch campuses.
    5. Reciprocal exchange programs which are bilateral or multilateral exchanges require either an MOA or MOU.
      1. Memorandum of Understanding (MOU) is a document signifying the mutual interest in the development of collaborative educational activities related to instruction, research, and extension between units at cooperating institutions. No financial or legal obligations are incurred with an MOU. It is often the preliminary step to a Memorandum of Agreement (MOA).
      2. A Memorandum of Agreement (MOA) is a contract between units at cooperating institutions to develop collaborative activities related to instruction, research, and/or extension and thus, establishes the parameters for student exchanges between two institutions.
      3. All collaborations involving either a MOU OR MOA through which a TBR institution agrees to work with a non-TBR institution, whether domestic or international, must be vetted through the General Counsel’s Office either on the individual campus or through the TBR System Office.
      4. Partner institutions may be proposed by anyone in the institution but the decision to pursue a formal agreement with any institution abroad must be supported by the Chief Academic Officer, President of the institution, or the President’s designee.
      5. Institutions must have an official, written agreement with institutions abroad or consortia prior to commencing an international studies program and such agreement must be reviewed by legal counsel prior to its execution.
    6. Programs requiring direct enrollment in institutions outside the United States.
    7. Consortia sponsored programs including programs sponsored through the TnCIS.
    8. Programs sponsored by American universities and colleges overseas.
    9. Hybrid or mixed programs which combine two or more of the program types to a significant degree, or
    10. Programs contracted with a third party vendor or independent program provider.
      1. Institutions should use the services of third party or independent program providers, which offer education abroad program services to students from multiple institutions within and outside of the TBR, with caution.
      2. Institutions maintain liability for the welfare of students enrolled in their institutions while they are engaged in study abroad provided through a third party program provider.
    11. Non-Credit-bearing experiences abroad
      1. Volunteer or service programs - placements abroad in which the primary emphasis of the trip is for students to engage with the local community in a structured, unpaid capacity, but with a cultural focus. The activity of a volunteer or service program is designed to fill needs present in the on-site community and should be developed based on an analysis of host/sponsoring entity's community needs.
      2. Internship programs abroad - provide professional experience with a primary emphasis that is educational, but with a cultural focus. Internships provide students opportunities to gain skills and content area knowledge while immersed in a professional or work context. The practical learning enhances, but may not be necessary to, the student's academic degree or future career or educational goals. The experience may be paid or unpaid, full-time or part-time.
    12. All institutions including the TnCIS must establish guidelines for operation of international programs.
      1. Institutions engaged in any international activities which are not coordinated through the TnCIS must establish international policies or guidelines for the individual institution and submit them annually to the TBR Office of Student Success.
      2. Institutions may adopt the policies and procedures embraced through TnCIS as a whole, if the institution engages solely in TnCIS study abroad programs.
      3. All policies and procedures established by institutions must be vetted through the appropriate institutional channels including TBR Office of General Counsel, as applicable.
      4. The TnCIS protocols and guidelines must be vetted through the TBR Vice Chancellor of Student Success or designee as well as the TBR General Counsel.
  6. Safety, Welfare, and Student Conduct
    1. Institutions should not permit travel to countries or portions of countries where the U. S. Department of State currently advises against travel or tourism by Americans.
    2. Institutions may further restrict travel where, in their opinion, the U.S. Department of State or other credible authority has identified safety risks.
    3. Institutions must develop a policy for terminating an existing program if the situation arises where student and/or faculty are in danger. Program participants including faculty, staff, and students must be informed that any program may end in such an event.
    4. Faculty and staff directing and teaching in study abroad programs should be trained in the liabilities of the responsibilities accompanying their role when not on U.S. soil.
    5. Institutions should have operational policies and procedures in place for faculty leading international education experiences to refer to as needed which include:
      1. Health and safety, insurance, payments of health care expenses when abroad, contact information for medical assistance in the area(s) in which the program is in operation;
      2. Crisis management and response;
      3. Disciplinary actions ranging from reporting to expulsion; and
      4. Student appeals.
    6.  In case of medical emergency, program directors should take reasonable action on behalf of the student participant.
    7. Crisis Response Plans
      1. All institutions that direct study abroad programs should have a detailed critical response protocol in place to address emergencies.
        1. Institutions offering campus based international educational experiences, as well as the TnCIS based programs, must ensure that all program directors, faculty and students receive clear training on how any crisis is to be handled.
      2. Institutions must establish a clear, written reporting chain with identified contact person(s) on the campus to which all incidents and potential actions to take within a crisis situation are reported.
        1. All incidents should be reported at the earliest possible time.
        2. Program directors for international study courses should have clear guidelines with relevant contact information for airlines, insurance and medical personnel in the event of a crisis including the need to evacuate.
      3. A copy of the institution’s crisis response plan should be on file with the TBR Office of Student Success by April 1 of each year.
      4. Institutions are expected to comply with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act).
        1. Each institution must develop a policy for compliance with the Clery Act regarding all international programs.
        2. At a minimum, each institutional policy must require that each program designate an individual responsible for complying with the Clery Act.
        3. For programs managed by a third party or a foreign institution, where the TBR institution has control of the property, the TBR institution should designate an official to collect any crime reports.
    8. Student Rights
      1. Study Abroad programs are expected to comply with the American Disabilities Act and Section 504 of the Rehabilitation Act when possible and the policy for addressing requests for accommodations should be included in the institution’s international education policy.
        1. Issues related to accessibility should be resolved after a student is accepted into an international educational experience, but before the student departs on the trip.
        2. Appropriate institutional offices including those responsible for international programs and disability services should be contacted to assist in the determination of reasonable accommodation.
      2. Family Educational Rights and Privacy Act (FERPA)
        1. Generally, institutions and their respective faculty members must have written and signed permission from a student in order to release information from a student’s educational record or personally identifiable information to only those persons designated by the student on the permission form.
        2. FERPA consent includes the type of record to be disclosed, to whom the record will be released and the student’s signature.
        3. When a student turns 18 years old or enrolls in an institution of higher education at any age the rights under the FERPA transfer from the parents to the student with some exceptions which include: when a student is claimed by either parent as a dependent for tax purposes; for school officials with legitimate educational interest, and; appropriate officials in the case of health and safety emergencies.
    9. Travel Alerts
      1. Within six weeks prior to travel for an international program or course, institutions must disclose to participants U.S. State Department Consular Information Sheets and Public Announcements or Travel Alerts and crime and safety reports from the Overseas Security Advisement Council as well as essential health and safety considerations, including the Center for Disease Control Travel Information Health Recommendations.
      2. During the overseas program or course offering, institutions should monitor and evaluate any new information and report to the Program Director, as appropriate.
    10. Information to be Provided to Students
      1. Institutions must establish policies and procedures to inform participants who enroll in international opportunities that the institution:
        1. Cannot guarantee or assure the safety of participants or eliminate all risks from the international education environments.
        2. Cannot monitor or control all of the daily personal decisions, choices, and activities of individual participants.
        3. Cannot assure that U.S. standards of due process apply in overseas legal proceedings and cannot provide or pay for legal representation for participants.
        4. Cannot assume responsibility for the actions of persons not employed or otherwise engaged by the program sponsor for events that are not part of the program or that are beyond the control of the sponsor, or for situations that may arise due to the failure of a participant to disclose pertinent information.
        5. Cannot assure that home-country cultural values and norms will apply in the host country.
        6. Cannot assure that U.S. standards of hygiene, medical practice, food and product safety will apply in the host country.
    11. Insurance Coverage
      1. Institutions are responsible for informing participants about the coverage, availability, and mandatory purchase of accident and health insurance and medical evacuation and repatriation insurance prior to departure for any international education program either through the TBR insurance program or other insuring parties.
      2. Institutions must provide information on available medical care in the host country; if available medical care is a cause for concern, participants must be informed.
    12. Conduct and Discipline Issues
      1. Unless a policy indicates that it does not apply outside of the U. S., Institutional policies regarding student conduct apply to TBR students registered for credit regardless of their attendance at one of the TBR campuses in Tennessee or while participating in international opportunities.
      2. All participants, whether enrolled for credit or not, must attend a program pre-departure and on-site orientation, including emergency contact information and repatriation information including issues relevant to the culture, social and health conditions of the host country, in addition to information about registration, fee payment and re-enrollment, as appropriate.
      3. All international education programs must brief program participants regarding student conduct expectations including but not limited to alcohol and drug use, visitation, prohibited locations, and abuse of laws and customs of the country to be visited.
      4. A student’s removal from an international program may be conducted in accordance with TBR Policy 3.02.00.01 General Regulations on Student Conduct and Disciplinary Sanctions and/or the host institution policies on student conduct, whichever is more conservative in keeping with Policy 3.02.01.00 Due Process. Students should become familiarized with the host institution’s policies governing student conduct, and a discussion of such policies should be a part of the student’s orientation session.
      5. Every TBR Institution engaged in a study abroad or international education programs must develop a policy for addressing complaints of discrimination and harassment arising during the course of a program. Policies must be consistent with TBR Policies 3.01.00.00, 3.02.00.00, and 3.03.00.00.
        1. Faculty and staff involved in study abroad activities who receive complaints of harassment whether student-to-student, staff-to-student, student-to-staff or any other individuals for which harassment is alleged during an international education experience, must report the incident to the institution immediately.
        2. The procedure set out must provide for due process for any student accused of misconduct.
      6. Students from other institutions who participate in international study programs at any TBR institution regardless of their classification must adhere to the sponsoring institution’s student conduct rules and regulations and all rules of the international program in which they are enrolled.
      7. The Tennessee Board of Regents institutions do not tolerate harassment on the basis of race, color, religion, creed, ethnic or national origin, sex, sexual orientation, gender identity/expression, disability, age (as applicable), status as a covered veteran, genetic information, and any other category protected by federal or state civil rights law.
      8. Institutions have the right to take disciplinary action including expulsion of students during an international educational experience using the same guidelines and processes of action and appeal as those in place on the home campus.
      9. Due Process
        1. Campuses must establish minimum due process procedures for students who are participating in international study courses.
        2. Campus due process must be enacted consistent with TBR Policy No. 3.02.00.01, General Regulations on Student Conduct & Disciplinary Sanctions.
        3. Due process procedures must be clearly outlined in international study course materials and provided to students in pre-trip trainings.
      10. Authority
        1.  Administrative leaders of international study courses have the authority to establish more stringent guidelines than those set either by the TBR or individual institutional policies regarding student conduct which might be disruptive to the program or individual participants. These may include guidelines regarding the use and abuse of drugs, alcohol, engaging in behaviors which may be culturally inappropriate in the host country, or actions that may put the student or others at risk. Students should be advised that standards of personal conduct differ from those in the United States and what is expected in a host country before traveling abroad.
    13. Media Inquiries
      1. Each institution will establish policies for media inquiries regarding any incident involving a TBR institution faculty, staff or student involved in any TBR-endorsed international education experience.
      2. The media policy must require that administrators consult Chief Student Affairs Officers and/or legal counsel regarding the release of student information on student records in accordance with the Federal Educational Rights and Privacy Act (FERPA).
  7. Student Outreach, Placement, Training, and Supervision for Non-Credit Service and Internship Experiences Abroad
    1. Prior to a sponsor recruiting students to participate, institutions should review and approve the following information submitted by the sponsor during the planning stage:
      1. Name and description of the sponsoring entity, and its context (cultural, economic, community);
      2. Scope and nature of the assigned responsibilities;
      3. Responsibilities of the home institution or host organization, the sponsoring entity, and the student;
      4. Primary contact on-site;
      5. Required time commitment (hours per day, number of weeks);
      6. Requirements and competencies that will impact the student's success in the experience;
      7. Expectations of professionalism and appropriate conduct;
      8. Expectations of the student's obligation to act within the limits of their knowledge and competencies, and within the role prescribed for them;
      9. Learning objectives for internship and job experiences; and
      10. Any other institutional policies and procedures that govern travel abroad or student travel.
    2. Prior to signing up to participate in the experience, students should receive communication with the following information:
      1. Accurate description of the program, housing options, and any associated additional costs;
      2. Accurate description of the distance between the location where volunteer, internship, or work experiences will take place and student housing and available transportation and cost;
      3. Deadlines and timetables for placement, application, interviews, confirmation of placement, start and end dates; and
      4. Learning objectives and requirements for student participation.
    3. Prior to advising or supervising students who travel abroad in non-credit bearing experiences, the institution should ensure that:
      1. Faculty/staff working with the program are effectively trained to oversee, monitor, and maintain ongoing communication with the student(s);
      2. The institution maintains open channels of communication throughout the experience with the advisor, the sponsoring entity, and the student(s);
      3. There is a mechanism for filing grievances or complaints;
      4. There is an emergency plan in place for the student(s) while abroad, including appropriate emergency contact information for the student(s) and sponsoring entity, secondary contact information, and emergency contact information that can be shared with the student's designated family members;
      5. There is a clear distinction between the learning role and the work or service role of the student(s), and that the sponsoring entity is prepared to anticipate or navigate any conflicts that might arise between these roles;
      6. The overseas environment of the sponsoring entity is safe and non-threatening. Program sponsors are responsible for assuring that all State Department Travel and Health Advisories have been shared with participants. If the State Department advisory includes language stating "avoid travel," then the sponsoring entity should not travel to that location; and
      7. The student(s) are adequately supervised and supported.
    4. Health, Safety, Security, and Risk Management for Non-Credit Trips Abroad
      1. All student organization travel must adhere to TBR Policy 4.03.03.50.
      2. Program sponsors should provide clear information on any potential health and safety risks specific to the context in which the students will be working, including, but not limited to CDC travel notices.
      3. Program sponsors should review relevant individual health information prior to the arrival on site, to identify any special considerations or accommodations that might need to be taken into account.
      4. Program sponsors should clearly articulate policies and practices that protect the health and safety of student participants in the event of an outbreak of diseases or other health/safety risks.
      5. Program sponsors should educate student participants on their personal responsibility for their own physical and mental health and safety while abroad, on available resources to support their health and safety, and on their right to decline when asked to perform activities outside their scope of training or their abilities.
      6. It is required that each participant have their own medical, travel, and accident insurance. Any costs not covered by insurance will be the responsibility of the traveler.
      7. Student participation in activities which are non-credit bearing and off-campus require student acknowledgement of inherent risk and waivers of liability. Program sponsors are responsible for collecting these documents and maintaining the files in a central location in accordance with TBR Guideline G-070.
      8. Dual-enrolled students are not eligible to participate. Students under the age of 18 must have a liability waiver signed by their parent or legal guardian.
      9. Students are subject to enforcement of the home institution's student code of conduct and local, state, and federal laws at all times while traveling. Disciplinary issues must be reported by the group leaders to the appropriate campus official upon return to campus.
  8. Recruitment, Admission, Orientation, Participation, Program Evaluation and Re-entry
    1. TBR Office of Student Success will publish on the system office website, links to international education programs offered by individual TBR institutions.
      1. All institutions and the TnCIS are responsible for notifying the Vice Chancellor for Student Success of all international education courses when schedules are confirmed regardless of the direction of the course or program to be offered.
      2. Institutions are responsible for creating program recruitment/advising materials and/or advising and recruitment efforts which accurately represent the program and include selection criteria based on appropriate academic standards, cultural and educational objectives, estimated cost, financial aid, health insurance requirements, services provided, vaccinations, visa responsibilities and legal proceedings. Students should be informed of these issues at the time of admission.
  9. Admission/Educational Standards
    1. Institutions must have pre-established educational standards for all students whether from TBR institutions or from outside who elect to study in an international setting.
      1. Each institution will develop minimum GPA requirements, selection criteria, and enrollment status for students studying internationally either independently or in international education programs.
    2. Credit is offered for individual courses within international education programs with the full measure of demand and academic rigor, not merely for the purpose of travel or touring in a foreign location. Institutions must establish a comprehensive policy on the transfer of credit and transcript evaluation from international institutions.
    3. TBR System institutions, in consultation with faculty and departments, will grant appropriate academic credit for coursework successfully completed on educational programs abroad which they operate or sponsor.
    4. Each TBR institution will inform participants as completely and accurately as possible as to the process that it follows in awarding credit for international education and provide academic advising to facilitate integration of coursework abroad with a participant’s major field and degree requirements.
    5. Individual institutions must have policies as to the acceptability of academic courses completed in an international setting to the major field requirements.
    6. Institutions must have grade appeal policies in place to assist students wishing to appeal an unsatisfactory grade or removal from an academic course taught in an international setting by non-TBR faculty.
    7. All international study offerings including study-abroad programs awarding academic credit to students enrolled in TBR institutions or consortia within or outside the TBR system must comply with regional accreditation and/or TBR standards.
    8. Institutions must ensure that global study opportunities regardless of the provider equate in contact hours with those expected of students matriculating at the home institution per TBR instructional hour policy.
    9. Institutions must establish an equivalency for international study courses offered by the institution itself or through an international education program, TBR sponsored or external consortia, or international institution in order to offer credit at the home institution.
    10. Financial Aid
      1. Due to the complexity of offering classes or programs internationally, institutions are responsible for developing appropriate implementation timelines which allow for the student to apply for financial aid.
      2. Students who are receiving financial aid are not allowed to change from credit to audit once funds have been disbursed.
      3. Proof of Acceptance
        1. Students must provide documentation of acceptance into international education programs to the student’s financial aid office as requested and establish policies for payment schedules for tuition and program fees which take in consideration both the disbursement schedule of financial aid monies and the departure dates for international education programs.
    11. Orientation and Participation
      1. Students with Disabilities
        1. TBR institutions shall attempt to work with institutions abroad to provide reasonable access for students with disabilities.
        2. Institutions shall inform students that it cannot, however, guarantee any particular access.
      2. Individual institutions may, at their discretion, require students, faculty or staff to provide signed documentation of having received pre-travel advice and counseling, as well as relevant vaccinations, anti-malarial prophylaxis, and other medical interventions consistent with appropriate medical practice.
      3. Institutions may restrict participation in an international program for participants, program directors and group leaders, and faculty instructors determined to be at excessive medical risk.
      4. All students and faculty, whether program directors or instructional faculty, are required to have documentable medical insurance with covered medical treatment outside of U.S. borders at a minimum of $100,000 per accident or sickness as well as evacuation and repatriation insurance combined minimum of $50,000 in order to participate in study abroad. Institutions are encouraged to purchase group insurance to cover evacuation and repatriation on behalf of students and faculty.  (Currently, the TnCIS purchases group insurance on behalf of students and faculty engaging in TnCIS programs.)
    12. Evaluations
      1. All participants and international program leaders are expected to complete post-program evaluation forms to gather data on the effectiveness of recruitment, admissions, pre-departure orientation, the educational and personal value of program components while abroad, re-entry, and recommendations for continuation or termination of the trip in the future.
      2. For programs operated by the TnCIS, the TnCIS will summarize the results of the evaluations and forward a summary to all campuses with enrolled students in order to facilitate data-based decision-making on each campus.
      3. For all non-TnCIS international engagements, institutions must conduct their own evaluations for inclusion in campus planning of internationalization activities.
  10. Host Country Consideration
    1. To promote the free exchange of ideas and knowledge, no restrictions shall be placed on the establishment or maintenance of programs in other countries based on the political, religious, racial, ethnic, or ideological characteristics of a host country or its government.
  11. Fiscal, Management and Educational Standards
    1. Individual institutions must have fiscal, risk management and educational standards for international education programs whether offered by the institution through consortia or other arrangement.
      1. Institutions are responsible for determining if there are additional demands for international education programs in any specific location or for any specific field unmet by any TBR institution or affiliate program.
      2. Institutions must consider affordability including startup costs, convenience and stability of a site when developing an international education program.
      3. Each institution must establish and include in their general student information published policies which allow students to register for classes, earn credit, obtain financial aid, pay tuition and international education fees, and to obtain refund and or withdraw for all international education programs.
      4. Institutional policies must be established including deadlines for the collection of tuition and fees from TBR students for international education and the transfer to the TBR related consortium.
      5. Institutions must make appropriate arrangements to use existing accounting and reporting procedures for all international travel for program directors or group leaders.
    2. Program Audits and Course Evaluations
      1. Individual institutions shall establish an evaluation for individual courses and for all international education programs to determine the continued academic value and financial viability of each program.
      2. Course evaluation procedures and measures must be the same or equivalent to those of the home institution.
      3. At a minimum the program evaluation must include perceived strengths and weaknesses, the projected and actual costs of the program, both in terms of financial cost and in-kind costs contributed by the program director and program staff, program enhancements or improvements needed, strategies for improvement and lessons learned that can be a good tool for future Program Directors or Group Leaders.
      4. The evaluation should include student assessments, as appropriate, as well as a full evaluation completed by the Program Director or Group Leader.
  12. Financial Management
    1. Financial Policies
      1. Institutions must establish financial policies specific to international education programs using approved state accounts, with appropriate management and auditing procedures.
    2. Financial procedures for institution-based study abroad programs
      1. Budgeting
        1. Each study abroad program is expected to be financially self-sustaining over time and be accountable for good financial management practices.
        2. A projected budget must be completed by the Study Abroad Program Director and submitted to the sponsoring institution’s Chief Business Officer or his/her designee.
      2. The budgeting process for study abroad programs should be based on a reasonable projection of operating costs in the host country, including consideration of projected currency exchange rates.
        1. The budget should clearly identify which expenses are to be paid from tuition and mandatory course fees and which expenses are to be paid from the student-specific program fee revenue.
        2. The budget should specify if the expense is for the employee or students.
        3. Program fee revenue should only be used for student expenses.
      3. Budgeting for instructional costs paid from the unrestricted educational & general fund may consider both tuition revenues and state appropriations generated by student enrollments in study abroad programs, consistent with budgeting for other academic programs.
      4. The college as a whole should maintain sufficient unrestricted fund balances to ensure that the institution can meet reasonable contingencies that may arise during the operation of the program.
    3. Registration and Fee Payment
      1. Each institution is responsible for the charging of tuition (maintenance fees and/or out-of-state tuition) and fees, receipt of student payments, administering financial aid, registering students and reporting of grades in the same manner as domestic programs.
      2. Study Abroad Offices and program directors should provide the Business Office necessary information about each student and his/her appropriate program charges no later than three weeks prior to travel, so that these can be entered into the institution’s student information system.
      3. Study abroad fees generally consist of two components:
        1. Tuition and mandatory student fees related to the actual registration for classes.
          1. All study abroad students (with the exception of TnCIS students-see 3.a.(3)) pay a minimum of tuition and applicable mandatory fees. However, this does not prohibit the use of scholarships from any source of funding to pay for the tuition and applicable mandatory fees.
          2. Tuition and mandatory fees should be assessed by the regular student information system when registration occurs.
          3. Institutions should not collect tuition for students enrolled in TnCIS study abroad programs. Regular tuition and any regular mandatory fees should be assessed and charged to an institutional scholarship expense account. However, TnCIS students will be assessed a TnCIS program fee.
        2. Program specific fees (for travel, lodging, meals, exchange rate variance, etc.)
          1. These program fees should be assessed in the student information system whenever possible.
          2. The payment deadlines and refund schedules for these fees will vary from program to program.
      4. Accounting
        1. Financial activity attributable to institutional study abroad programs is recorded as follows:
          1. Student tuition and applicable mandatory fee revenue is assessed and recorded in General funds (E&G) as unrestricted revenue.
          2. Salaries and benefits of program instructional faculty should be paid from applicable departmental unrestricted E&G funds unless there is an applicable restricted grant for the faculty salary and benefits.
          3. Program fee revenue and related expenses are recorded in a restricted E&G account specific to the responsible program or office. Only student-specific expenses should be paid from the restricted E&G account. Typical student-specific costs include travel, lodging, tours, meals, event fees, and student supplies.
          4. If an account has been inactive for eighteen months, with no deposits or expenditures, any excess funds remaining in the account must be transferred to another study abroad program fund or to a contingency fund.
        2. The activity’s restricted program funds should be monitored and regularly reconciled by the institution’s Business Office or Study Abroad Office.
          1. It should also be verified that only student activity-related expenses are charged to the restricted self-supporting funds.
          2. The institution may choose to refund residual balances in the restricted program fund among activity participants, within 60 days of completion of the trip, or use this money to establish and maintain a contingency account.
          3. The use of contingency funds must have the prior approval of the Study Abroad Office and the Business Office.
        3. Financial activity attributable to TnCIS study abroad program revenues and disbursements should be recorded in the institution’s agency fund.
      5. Acquiring Goods and Services Abroad
        1. To the maximum extent possible, arrangements for goods and services needed while abroad should be paid by the institution directly to the vendor.
          1. However, there are situations where payment for goods and services abroad must be rendered at the time they are acquired. In these situations, institutions may utilize several methods to make payments while abroad.
          2. Any of the following can be used for purchases and expenses associated with a study abroad program:
            1. Procurement card;
            2. Check request;
            3. Stored value/pre-paid card;
            4. Traveler’s check;
            5. Cash advance/petty cash advance to an authorized institutional representative;
            6. Direct payment by an authorized institutional representative from personal funds, with a reimbursement request to follow.
        2. Study abroad programs should comply with all applicable TBR and institution policies regarding procurement and use of these payment methods.
      6. Travel Advances/Petty Cash Advances
        1. Each institution will have the authority to determine the best way to handle payment of purchases and expenses for its study abroad programs.
        2. Institutions may also allow for travel advances/petty cash to pay for large expenses abroad. However, due to the risks and responsibilities associated with petty cash, its use should be limited to those situations where other payment alternatives are not an option.
        3. All cash advances should follow current institution policies.
        4. The employee must include the estimated foreign expenses that will be required to be paid in cash, along with an explanation of why they cannot be paid for with a credit card or direct billing arrangement.
        5. The employee must provide information to clearly show the business purpose of the expenses and documentation to support the expenses claimed.
        6. Within 30 days of return, the employee must complete a travel expense voucher and submit itemized receipts for all expenses paid from the advance.
          1. If the expenses were less than the amount of advance received, all remaining funds must be returned to the institution.
          2. If costs were more than what was provided in the advance for expenses that are approved or integrally related to the educational aspects of the program, the employee may receive reimbursement for these expenses.
      7. Reimbursement
        1. Employees are responsible for keeping copies of original receipts to verify that expenses were valid and related to the program.
          1. If it isn’t possible to obtain original receipts for program-related expenses, the employee must keep a log listing all expenses and ask the person providing the service or another person on the trip (preferably another employee) to sign and document what was provided.
          2. The institution will hold the employee financially responsible for all charges for which there are no receipts or log entries.
          3. The employee will also be responsible for all expenses that are not approved according to TBR or institution regulations, as well as those not integrally related to the educational aspects of the program.
        2. Whether the employee owes money back to the institution or is eligible for reimbursement, he/she is responsible for completing the Travel Expense Report and submitting it with all appropriate receipts within 30 days following their return to the United States.
          1. Reimbursements that are not submitted within a reasonable amount of time are considered taxable by the IRS and must be processed through the payroll system.
        3. The following items must be completed and submitted to the Business Office no later than 30 days after the conclusion of the study abroad trip:
          1. Documentation of foreign exchange rates used.
            1. This will only apply if funds were exchanged during the program. (www.oanda.com is a good resource for currency conversion)
            2. If currency is bought in advance, please provide documentation of the rate at which the currency was originally purchased.
        4. Required documentation of expenses – including receipts for goods and services purchased, and signature sheets for cash allowances distributed during the program.
          1. Do not include disallowed expenses on the Travel Expense Summary and Travel Expense Report. Examples of disallowed expenses include personal items, alcohol, etc.
        5. The Travel Expense Summary and a summary of travel advances should be submitted with the Travel Expense Report.
        6. The Travel Expense Report must be filled out in U.S. dollars and signed by the Study Abroad Program Director or his/her designee, as well as the department chair before being submitted to the Business Office.
        7. Upon return from the trip, remaining institution funds must be deposited in the Business Office.
        8. If foreign currency was distributed to the program director in advance of the trip, documentation must be submitted with the Travel Expense Report. This also applies if foreign currency was returned to the Study Abroad/Business Office.
      8. International Education Fee Usage
        1. Recognizing the need for flexibility while maintaining accountability, the TBR has established the optional assessment of an international education fee to be paid by each student enrolled in the institutions.
        2. Individual institutions have authority to allocate funds to activities in support of globalization efforts for the campus, including international professional development of the faculty.
        3. Institutions should use a portion of the revenue generated through the internationalization fee for study abroad scholarships.
        4. Individual institutions are responsible for establishing an infrastructure to determine the allocation of the international education fees collected from students to promote internationalization at the home institution. The infrastructure should include student representation or input received from the entire study body.
        5. Employee Compensation/Benefits provided by Program Abroad
          1. An allocation of salary and benefit costs for those involved in providing direct support for international programs are allowable but should be controlled and kept to a minimum.
          2. A program shall provide upon request disclosure of any salaries and/or other benefits provided to any employee of a TBR institution which are paid for or subsidized by international education fees or secured from any vendor that is providing services to students.
        6. Faculty Compensation
          1. Faculty engaged in directing or teaching study abroad courses receive remuneration from their home institutions. Again, direct instructional cost should be charged to the appropriate departmental budget and not to the international education fee budget.
          2. Faculty compensation for summer session and inter-session international educational programs whether campus-based or operated through the TnCIS are not subject to Policy 5.02.04.10 Faculty Compensation during Summer Session and Inter-sessions.
          3. Faculty teaching or directing study abroad courses on behalf of the TnCIS must submit an Adjunct Faculty Contract and a travel authorization form at their home institution, which will be forwarded to the TnCIS Office by the home institution.
          4. For non-PSCC faculty, the TnCIS will process the contract through the PSCC Accounting Office, which will issue a Dual Services Agreement to the faculty member’s home institution along with a purchase order.
          5. Institutions will invoice PSCC for the services to receive reimbursement for paying the faculty members directly for their service.
        7. Faculty are expected to follow through on the agreed upon international study course and adhere to all institutional policies once abroad. In the event that a faculty member cancels their participation in the trip or is directed to return from a trip due to failure to follow institutional policies, the faculty member will be charged for any travel costs assumed by the institution in advance of the trip or the faculty member will be held responsible for costs associated with their return home.
      9. Emergency Reserve/Contingency Fund
        1. The college, as a whole, should maintain sufficient unrestricted fund balances to ensure that the institution can meet reasonable contingencies, emergencies, and unforeseen problems of students, faculty, and staff engaged in TBR sponsored or supported international programs or courses.
  13. Use of Technology Abroad
    1. The TBR requires that its institutions fully comply with federal regulations that control the conditions under which certain information, technologies and commodities can be exported to a foreign country, person, or entity, including U.S. citizens in a foreign country.
      1. Institutions are responsible for implementing export control procedures to determine whether an activity is covered under export control regulations, whether the U.S. Department of State’s International Traffic in Arms Regulations (ITAR) 22 CFR §120-130, U. S. Department of Commerce’s Export Administration regulations (EAR) 15 CFR § 734-774 or the Office of Foreign Assets Control (OFAC) 31 CFR §500-599.
      2. All faculty, staff, or students involved in international travel including study abroad, restricted research, international collaborations, or foreign exchanges that risk export or violation of the regulations must comply with the provisions of any license (or other governmental approval), policy, procedure, or campus based Technology Control Plan (TCP) as required by ITAR.  Before traveling internationally, faculty/staff/students should determine whether any item, device, component, or document is covered by ITAR and/or requires a license or other government approval/agreement for export or import as defined in those regulations. Where unsure, faculty/staff/students should consult with their general counsel’s office or institutional research office.
      3. Institutions are responsible for determining if self-disclosure of any violations, real or perceived, of the expert control regulations or TCP occurs during the courses of the sponsored activity to the federal agency is required.
    2. European Union General Data Protection – EU GDPR
      1. Faculty and institutions must comply with the provisions of Regulation (EU) 2016/679 (“Regulation on the protection of natural persons with regard to the processing of personal data and on the free movement of such data”, “the EU GDPR”), when students are participating in a program taking place in the European Union.
      2. All students participating in programs in the European Union must sign NOTICE REGARDING PROTECTION OF PERSONAL DATA AND REQUEST OF CONSENT FOR THEIR PROCESSING - STUDENTS FROM THE HOME CAMPUS ON STUDY ABROAD IN THE EUROPEAN UNION (Ex. 1.).
Sources: 

Authority

T.C.A. § 49-8-203; All State and Federal statutes, codes, Acts, rules and regulations referenced in this procedure.

History

Board Meeting, March 26, 2009; Revision and incorporation of Guidelines A-076, B-130, and S-040 approved by Board on December 13, 2018, Revised at Board meeting April 7, 2020; Revisions approved at August 12, 2020 Speical Called Board Meeting.

Policy Number: 
2.08.00.00
Policy/Guideline Area: 
Academic Policies
Applicable Divisions: 
TCATs, Community Colleges
Purpose: 

It is the intention of the Tennessee Board of Regents (TBR) that the institutions under its jurisdiction adhere to federal standards on the ethical conduct of research.  Each TBR institution is responsible for promulgating policies that serve to effectuate federal law and regulations regarding all applicable aspects of research.

This policy specifically addresses human subjects, animal subjects, and technology transfer; it is not meant to supplant federal regulations. Due to the complexity of the field of research, institutions and their faculty or staff engaged in conducting research are referred to the federal regulations, policies, and guidelines.

Policy/Guideline: 
  1. Protection of Human Subjects in Research
    1. Research involving human subjects must comply with the standards concerning the conduct of research involving human subjects established by the United States Department of Health and Human Services (DHHS) within the “Protection of Human Subjects” (Title 45 CFR, Part 46).
    2. This policy does not cover use of non-confidential data available under the Tennessee Public Records Act.
    3. Each institution, as well as the TBR system office, will place into effect an institutional review board (IRB) and the necessary procedures to ensure that the rights and welfare of human subjects are properly protected.
      1. Research involving human subjects conducted by personnel affiliated with the TBR system must be reviewed and, when appropriate, approved pursuant to 45 CFR 46.111 by all appropriate IRBs.
      2. Research conducted by persons not affiliated with TBR who are seeking to conduct human research utilizing individuals, groups, or existing confidential data within the TBR system must obtain IRB approval pursuant to 45 CFR 46 .111 from the appropriate institution where the research will be conducted.
      3. Researchers publishing data analyses or reporting from data obtained from the TBR System Office or TBR institutions, either electronically or in print, must comply with the federal guidelines in the protection of editable, small cell data, including but not limited to the federal Gramm Leach Bliley Act, 15 U.S.C. 6801-6809 (see TBR Guideline G-030, Section (III)(I)).
    4. All researchers utilizing students, faculty, or staff as research subjects/participants or student/faculty/staff personally identifiable data, within the TBR system, will submit requests for IRB approval to all relevant campuses and the TBR Office of Academic Affairs, as appropriate.
    5. If utilizing the Regents Online Degree Program (RODP) confidential data, the IRB request must be submitted to the TBR Office of Academic Affairs.
    6. All requests for TBR system confidential data by researchers (students, TBR personnel and non-TBR personnel) must be reviewed by the TBR IRB.
  2. Policy for Use of Animals for Research
    1. Depending on the animal definition, the Guide for the Care and Use of Laboratory Animals (1996 or the most current version published by the Institute of Laboratory Animal Research, Commission on Life Sciences, National Research Council) and/or the Animal Welfare Act (Title 9 CFR Chapter 1 Subchapter A) shall be the criteria for researchers to follow regarding the humane treatment of animals for scientific research purposes throughout the TBR system institutions.
    2. Each researcher engaged in such research is personally responsible for obtaining, perusing, and applying the principles, standards, and procedures of the Guide.
    3. Individual campuses will be required to place into effect an Institutional Animal Care Use Committee (IACUC), if relevant.
      1. Campuses should review the United States Department of Agriculture (USDA) policy to determine the need for an IACUC.
      2. Campuses should be aware of the need to file an assurance with the agency prior to obtaining funds with said agency.
      3. Campuses should be aware that there are reporting requirements with the USDA for all animals that fall under its definition.
  3. Technology Transfer
    1. TBR institutions must comply with federal laws concerning the protection of national security and military secrets by preventing foreign governments from accessing military and other technologies via the research processes of American universities.
    2. All institutions will have policies at the level appropriate for the specific institution in relation to the transfer of technology. These policies must comply with the provisions of the Arms Export Control Act, 22 U.S.C. 2778. 
Sources: 

New Policy approved at TBR Board Meeting September 25, 2009

Policy Number: 
2.07.00.00
Policy/Guideline Area: 
Academic Policies
Applicable Divisions: 
TCATs, Community Colleges
Purpose: 

Tennessee Code Annotated (T.C.A.), Title 49, Chapter 7, Part 1 specifies that the Tennessee Board of Regents develop policies for minimizing the cost of textbooks and ancillary course materials at its higher education institutions, while maintaining quality of education and academic freedom.

Definitions: 

An E-textbook, or electronic textbook, is an educational or instructional book in digital form.

Open Educational Resources (OER) are freely accessible, openly licensed text, media, and other digital assets that are useful for teaching, learning, and assessing as well as for research purposes.

Inclusive Access (IA) is a subscription-based model whereby students can gain immediate and complete access to digital course materials at substantially reduced cost. This usually includes a direct billing to students’ accounts for the cost of the digital materials.

Bundled materials comprise a group of objects joined together by packaging or required to be purchased as an indivisible unit).

Policy/Guideline: 

Policy Provisions

 The Tennessee Board of Regents seeks to address the student success barrier and equity issues caused by continuously increasing textbook costs. Each institution governed by the Tennessee Board of Regents shall develop policies for minimizing the cost of textbooks and ancillary course materials. 

No provision in this policy shall have the effect of diminishing the academic freedom faculty possess in selecting materials for their courses.

Procedures: 
  1. Students must have access to information regarding required and supplementary course materials through viable channels, including the institution's website, before courses begin. This information must include, but is not limited to, the International Standard Book Number (ISBN).
  2. Faculty members should consider practices that reduce the cost of course materials, such as adopting the least expensive option from the available products that meet the requirements of the course.
  3. Any on-campus bookstore selling textbooks to students as part of a bundled package also provide students the option of purchasing the textbooks and other study products separately from each other, if possible.
  4. Digital materials, including e-textbooks, courseware, and supplemental course activities (exercises, quizzes, readings, lab workbooks) should be considered if those options are available for the titles chosen by the faculty for his/her courses.
    1. Mechanisms for digital delivery include Open Educational Resources (OER), Inclusive Access (IA) through the campus bookstore operator, and traditional transactional process whereby students purchase access codes from the bookstore or online directly from the publisher.
    2. If institutions implement an inclusive access model, students must be able to opt out of such program.
  5. Campus policies should not restrict the options for students to rent or purchase new or used textbooks from the vendor of their choice.

 

Sources: 

Authority

T.C.A. § 49-8-203; Tennessee Code Annotated (T.C.A.), Title 49, Chapter 7, Part 1; TBR. (2018). Providing students with the tools for success: A systemic digital approach. [White paper]. 

History

Tennessee Board of Regents meeting, September 27, 2007; Revised at TBR Board meeting September 19 & 20, 2019.

Policy Number: 
2.06.00.00
Policy/Guideline Area: 
Academic Policies
Applicable Divisions: 
Community Colleges
Purpose: 

The Tennessee Board of Regents authorizes the awarding of honorary degrees to recognize individuals whose extraordinary achievements have set a standard that distinguishes them and benefits Tennessee Board of Regents’ institutions and the communities they serve as well as society.

The purpose for awarding honorary degrees is threefold:

To honor persons whose careers reflect sustained and superlative achievement in the arts and professions, research, scholarship, public service, leadership, volunteerism, and/or cultural affairs as well as new frontiers of human endeavor.

To advance the educational missions, goals, and programs of the Tennessee Board of Regents’ institutions by developing associations with persons who embody the same ideals, values, and aspirations.

To inspire students, faculty, staff, administrators, alumni, and members of the local, national, and world communities to emulate such standards of excellence, integrity, and commitment to enhance the public good.

Policy/Guideline: 
  1. Criteria for Selection
    1. An honorary degree is special and is awarded only in exceptional circumstances. Relatively few awards should be given by each institution and no more than two per year. No individual will be allowed to receive more than one honorary degree from the same institution.
    2. Current faculty, staff, and regents are not eligible. Faculty, staff, and regents who have been separated from the Tennessee Board of Regents at least three (3) years are eligible. Currently elected and/or appointed public officials and current candidates and/or nominees for public elective and/or appointed offices within the state of Tennessee are not eligible.
    3. Current or prospective benefactors of the institution are not eligible unless they meet criteria outlined in Section A. of the purpose of this policy.
    4. The degree awarded will meet the standards of the institution and will be awarded at its highest level, but not at a level which exceeds that awarded by the particular institution. Each institution may decide what to label the degree (Associate of ..., Master of...,Doctorate of ...). The degree is not to be granted for earned credit such as a PhD.
  2. Guidelines
    1. Selection shall be made by a Selection Committee established on each campus by local institutional practices. The Selection Committee shall be comprised of no less than 50% faculty but should include staff and administrators.
    2. Nominations will be solicited from all sources. All deliberations will be confidential. Campus committees should use intense scrutiny of a nominee to ensure continued integrity of the award process. The recipient must attend graduation to be awarded the honorary degree.
    3. The president of the institution must approve any nominee for the honorary degree.
  3. Authority
    1. Authority to award honorary degrees at all Tennessee Board of Regents Community Colleges is delegated to the presidents from the Tennessee Board of Regents.
  4. Notification
    1. After the Presidents have informed the Vice Chancellor for Academic Affairs of the selected nominees for Honorary Degrees, the Vice Chancellor will review the recommended nominees for compliance with this policy and will forward a recommendation to the Chancellor. Upon approval by the Chancellor, the Presidents will notify recipients of honorary degrees.
  5.  Exceptions
    1. No exceptions will be granted to this policy.
  6. Policy Review
    1. The Awarding the Honorary Degrees policy will be reviewed every three years.
Sources: 

Authority

T.C.A. § 49-8-203

History

Board Meeting December 3, 2004; Approved by Board on March 27, 2008 to take effect on July 1, 2008; Board meeting March 25, 2010; Revised at Board Meeting March 21, 2019.

Policy Number: 
2.05.00.00
Policy/Guideline Area: 
Academic Policies
Applicable Divisions: 
TCATs, Community Colleges, System Office
Purpose: 

The purpose of this policy is to establish the criteria and process for the delivery of distance education programs and courses for Tennessee Board of Regents (TBR) technical and community colleges. Distance education is an established and effective method for extending flexible educational opportunities. To provide the citizens of Tennessee with greater access to postsecondary education, the Board of Regents affirms the effectiveness of distance education; recommends the use and development of distance education teaching and learning technologies, materials, and methods; and encourages institutions to take advantage of such opportunities in carrying out their individual missions.

Definitions: 
  • Distance education describes a multimedia method of instructional delivery that can include a mix of online (web-based) instruction, streaming video conferencing, face-to-face classroom time, television, telephone, radio, computers or interactive video, or other combinations of electronic and traditional educational models using present and future/or electronic and telecommunication technology.
  • Distance education can be executed in a variety of ways and is consistent in that there is some degree of physical separation of the teacher and the learners. Communication, instruction, and assessment takes place through, or is supported by, technological means with focus on student-to-student, student-to-content, and instructor-to-student interaction.
  • The term “distance education” encompasses the terms “distance learning,” “online learning,” “e-learning,” “hybrid learning,” “blended learning,” “digital learning,” and other similar terminology.
  • Traditional on-ground instruction refers to instruction in a traditional brick and mortar classroom with an live instructor physically present in the classroom.
  • Copyright. Under Federal law, copyright applies to any "original work of authorship fixed in any tangible medium of expression." (17 U.S.C. § 102(a)). Generally, the owner of a copyright has the exclusive rights to reproduce the work, to prepare derivative works, to distribute copies by sale or other transfer of ownership, and to publicly display or perform the work. (17 U.S.C. § 106).
  • Work Made For Hire. An employer owns the copyright to a work of authorship when the work was created by an employee within the scope of his/her employment. Some kinds of work can also be owned by the institution as a work made for hire if it is specially ordered or commissioned under a written contract signed by two (or more) parties. (17 U.S.C. § 101, § 201 (b)).
  • Fair Use. The Copyright Act provides for some exceptions to the exclusive rights of the copyright owners. One of these exceptions permits fair use of a copyrighted work for purposes such as teaching, scholarship, or research. (17 U.S.C. § 107). The four factors to be considered in determining fair use are:
    • The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
    • The nature of the copyrighted work;
    • The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
    • The effect of the use upon the potential market for or value of the copyrighted work.
  • Joint Work. A work prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole. (17 U.S.C. §101).
  • Collective Work. Work such as a periodical issue, anthology, or encyclopedia, in which a number of contributions, constituting separate and independent works in themselves, are assembled into a collective whole. (17 U.S.C. § 101).
  • Compilation. A work formed by the collection and assembling of preexisting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship. The term "compilation" includes collective works. (17 U.S.C. § 101).
 
Policy/Guideline: 
  1. Requirements and Standards
    1. Distance education courses and programs offered by institutions governed by the Tennessee Board of Regents will meet the academic requirements and quality standards of the institution delivering the course. Institutions offering their courses through TNeCampus will meet the quality standards set forth by TNeCampus protocol.
  2. Applicability of Board Policies
    1. Unless otherwise provided, all Board, accrediting agency, and institutional policies, standards, and guidelines for on-campus instruction apply to distance education instruction. 
  3. Funding of Distance Education
    1. For the purpose of reporting and appropriations, no distinction shall be made between student credit hours generated through distance education and those generated through traditional on-ground instruction.
    2. Each institution engaging in distance education should budget for the acquisition and maintenance of distance education hardware, software, and related courseware and media, and shall maintain careful records of all operating costs.
  4. Administration of Distance Education
    1. Teaching and learning delivered online must be offered using the TBR-contracted learning management system (LMS). Courses offered through the LMS that contain publisher courseware or synchronous delivery methods must initiate through the LMS, i.e., students will access the publisher material by way of system integration with the LMS or by direct links from the LMS.
    2. All TBR institutions will participate as partners in TNeCampus and abide by the policies and procedures established by TNeCampus governance and documentation. To this end, all partners must designate appropriate and participating representatives to the TNeCampus Oversight Committee, Curriculum Committee, Advisory Committee, and other governing committees, subcommittees, and councils. Institutions should offer to their students all TNeCampus courses that align with their local programs and curriculum (with the exception of courses for which there are no institutionally approved faculty). Institutions offering their own online courses may fill their sections first, but when their local sections are full, sections of TNeCampus courses must be offered as an alternative back up.
    3. Institutions should develop specialized policies and procedures relating to issues of distance education delivery and administration specified by this policy and other institutional policies. This policy and its procedures are intended to facilitate the implementation of distance education and address issues to be considered during the planning and delivery of such programs. In establishing policies and procedures, the following stipulations shall apply:
      1. Each distance education course offered by an institution must be consistent with the level, nature, and mission of that institution.
      2. When a course is offered online, it will carry the same code, title, and credit as other sections of that course and adhere to the same learning outcomes adopted and approved by the institution’s Curriculum Committee.
      3. Faculty teaching online courses fall under the same accreditation standards and requirements as those teaching traditional on-ground sections.
      4. Each online course must provide for student-to-student interaction, student-to-content interaction, and instructor-to-student interaction, as well as opportunities for self-reflection and timely feedback from faculty member(s) teaching the course and students. As appropriate, these interactions may be individual, group, or mixed and may take place electronically, e.g., by telephone, by email, by computer, or by interactive video or other internet technologies.
      5. Each online course must include an evaluation of the course, including evaluation of the delivery mode, in its procedures for monitoring and assessing student satisfaction.
      6. Each student enrolled in an online course shall have access to all the academic support services, instructional equipment and services, campus events, and other non-academic activities, which the teaching institution provides for other students. Support services may include but are not limited to academic advising, counseling, disability support services, library and other learning resources, tutoring services, and financial aid.
    4. Course developers and instructors of each online course must comply with federal guidelines for accessibility as directed by TBR policy, Section 508 of the Rehabilitation Act, and the Americans with Disabilities Act. Course developers and instructors utilizing materials that are not accessible must provide a written plan for alternate access and a plan for bringing the course into compliance.
    5. Institutions shall ensure compliance with all applicable copyright laws concerning the reproduction and use of printed and digital materials and the use and transmission of all media recordings, performances, or other protected works.
  5. Program Planning and Implementation
    1. Institutional policies and procedures must contain a written statement of the purpose and goals of the distance education program and describe the assessment methods used to evaluate the success of the program in carrying out those goals and objectives. The following issues must be addressed as institutions plan and implement distance education programs:
      1. Faculty, administrators, and other support personnel involved in the development and implementation of distance education must have clearly defined roles, responsibilities, and duties.
      2. Faculty involved in distance education must receive specialized training in online teaching and learning practices and in the use of related technologies and the training must be refreshed regularly, as technology and best practices change.
      3. Institutions will determine teaching load equivalents and faculty compensation for distance education, including compensation for course development and course maintenance.
      4. At the discretion of the Chief Academic Officer, the overload policy for summer semesters for faculty teaching TNeCampus courses is a maximum of twelve (12) hours (four classes), if the additional course (three credit hours) is a TNeCampus course. The three (3) additional hours over nine for the TNeCampus course will be paid as overload hours versus the normal summer school rate. This is optional for campuses and the Chief Academic Officer must sign off on the request.
      5. The institution must make academic and administrative information available to online students. This information may include but is not limited to: exams, grading, student-faculty interaction, proctoring, the provision of support services, and registration and fee-payment procedures.
      6. Consortium agreements among two or more institutions for the procurement, development, production, or transmittal of online courseware and materials should always be considered.
      7. Whenever possible and to realize the greatest savings, the acquisition of technology, software, and other course related materials should be made through the Tennessee Board of Regents' Procurement, Contracts & Payment Services Division.
Procedures: 
  1. Ownership of Copyrightable Materials
    1. General Policy
      1. TBR Policy 5.01.06.00 on Patents and Copyright provides the overall guidance for ownership of copyrightable materials. The institution has an interest in the copyrightable materials if:
        1. The institution sponsors the project; or
        2. There is significant use of the institution's facilities, services, or equipment in the creation of the work; or
        3. The project is sponsored through the institution by agencies or persons outside the institution. (The contract terms of externally sponsored projects will control ownership of work done pursuant to the contract or grant.)
      2. Policy 5.01.06.00 gives ownership to faculty of their "scholarly and creative works."
        1. Under this Policy, a faculty member or other institutional employee also retains title to the copyrightable work if the work was developed solely through individual work on personal time.
      3. Policy 5.01.06.00 defines "significant use" of institutional resources as cost to the institution in the amount of $1,000 or more.
        1. Use of office computer equipment alone is not considered a significant use of TBR resources.
        2. This procedure provides more specific guidance about copyright ownership in the context of distance education.
    2. Scholarly Works
      1. The TBR wishes to encourage scholarly works. Therefore, the TBR will not assert an interest in scholarly works and creations related to the faculty member's professional field. These include:
        1. faculty authored textbooks
        2. scholarly writing
        3. art works
        4. musical compositions
        5. dramatic and non-dramatic literary works
      2. Online course materials and/or multimedia materials that are in the nature of scholarly works created by faculty under the same circumstances that would lead faculty to create more traditional scholarly works will be treated as scholarly.
      3. Scholarly work in this context would include course materials created by the faculty when the factors listed in C and D, below, are not applicable.
      4. If the institution wants to use such a work and/or share in its commercialization, the institution should secure the desired rights in a contract with the faculty member.
    3. Student Work
      1. This policy does not apply to undergraduate or graduate students in the absence of an employment or other contract.
      2. Generally, ownership of student works is controlled by copyright law.
    4. Works for Hire
      1. It is very important to have a written agreement assigning responsibility and rights at the beginning of a project.
    5. Scope of Employment
      1. The institution/school will have sole ownership of intellectual property created by its non-faculty employees within the scope of employment.
        1. For example, if an institution employs a non-faculty person to design a computer program or to develop a promotional video, the copyright to the program or video belongs to the institution.
      2. The institution should ensure that the job description for each relevant non-faculty position includes the creation of or the assistance with the creation of distance education materials.
        1. The institution should also be certain to add to the TBR form employment contract, either on initial hire or with contract renewal, language which specifies that such works are made in the scope of employment.
        2. In cases where there is a new assignment to the employee, an agreement in writing signed by both the employee and an institutional representative is strongly urged.
      3. Materials created by faculty members for use in distance education will be solely owned by the institution where:
        1. The faculty is required to create the materials for a specific class or department by written institution or department policy (e.g., common core course requirement);
        2. The faculty member is given release time to create the materials; or
        3. The faculty member is employed and compensated to create specific intellectual property/online education materials.
      4. TNeCampus courses that were developed/paid for by TBR may continue to be used and may be modified by TBR/TNeCampus if/when the developer is not longer under the employ of TBR.
      5. In all cases, the institution and the faculty member should sign a "Work for Hire Acknowledgment Form" (Exhibit 1)
    6. Commissioned Work
      1. Under the Copyright laws, (17 U.S.C. § 101, § 201) a work specially ordered or commissioned is owned by the institution if the parties expressly agree in a written instrument signed by both parties that the work will be considered a work for hire.
      2. A Guideline "Commissioned Work for Hire' is attached as "Exhibit 2."
      3. Commissioned work is limited by copyright law to contribution to a collective work, part of a motion picture or other audiovisual or multimedia work, a translation, a supplementary work, a compilation, an instructional text, a test, answer material to a test, or an atlas. (17 USC § 101, "Work For Hire" definition).
    7. Joint Ownership
      1. Works may be created through the joint efforts of two or more faculty members or of faculty and non-faculty employees working in the scope of their employment or working under contract to provide services.
      2. Anyone who contributes the kind of expression protected by the copyright law is a joint author if the contribution is intended to be part of an integrated whole.
      3. The institution will be the sole owner if all the work is done as work for hire.
      4. The institution and the faculty member may be joint owners of the final product if a faculty member works independently but incorporates work done as work for hire by institution employees and/or contractors.
      5. It is very important at the beginning of the project to state the contributors' intentions in a written contract signed by all contributors.
      6. The General Counsel's office should be consulted to assist in contract drafting.
    8. Revision Rights
      1. A faculty member should normally retain the right to update, edit, or otherwise revise electronically developed course materials that become out of date, or, in certain circumstances, should place a time limit upon the use of electronically developed course materials that are particularly time sensitive, regardless of who owns copyright in the electronically developed course materials.
      2. These rights and limitations may be negotiated in advance of the creation of the electronically developed course materials and may be reduced to writing.
      3. Absent a written agreement, each faculty member will have the right and obligation to revise work on an annual basis in order to maintain academic standards.
      4. If a faculty member does choose to revise the work and such revision is done in a satisfactory manner, the faculty member retains the rights to full royalties as discussed below for another year.
      5. If the institution believes a revision is necessary and no revision is made or if the revision made, in the institution's opinion, does not maintain academic standards, the institution may refuse to market the product, or the institution may employ another person to update the work and charge the entire cost of the revision against any royalties paid to the original author.
    9. Royalties
      1. Royalty division should generally reflect the relative contributions of the parties.
      2. In accordance with TBR policy, faculty members shall receive all royalties that may accrue from the commercialization of electronically published course materials they create on their own initiative.
      3. On the other hand, the institution retains all royalties that may accrue from the commercialization of electronically published course materials created by faculty members pursuant to contract or as a work for hire, including electronically published course created as a condition of employment.
      4. Copyright law permits joint owners to pursue commercialization either jointly or separately, with accounting. Other circumstances may require review on a case-by-case basis (such as the creation of electronically developed course materials initiated by a faculty member but using substantial institution facilities.)
      5. In instances of joint ownership between faculty members where the institution also retains rights to royalties, the faculty members shall determine by written document the division of royalties.
      6. Absent a written document of division of royalties, the faculty members shall divide their share pro rata based on participation.
Sources: 

Authority

T.C.A. § 49-8-203; All state and federal statutes, codes, and rules cited in the body of the policy.

History

TBR Meeting, September 30, 1983; TBR Meeting, September 21, 1990; TBR Meeting, September 17, 1993; Policy revision approved at Board Meeting, June 21 2019, resulting in deletion of Guidelines A-070 & A-075..

Pages

Subscribe to policies.tbr.edu RSS