1. Policy

Pursuant to Senate Joint Resolution 211 adopted by the 1984 General Assembly and to the accreditation standards of SACSCOC and the COE, all TBR institutions shall ensure that all faculty at Board of Regents institutions are proficient in oral and written English.

At a minimum, candidates shall demonstrate:

• An ability to speak and write English clearly
• An ability to understand written and spoken English
• An ability to communicate effectively in an academic environment

1. Faculty Definitions
   1. The term "faculty" shall be limited to regular, full-time personnel at institutions whose regular assignments include instruction, research, and/or public service as a principle activity, and who hold academic rank as professor, associate professor, assistant professor or instructor, senior instructor, or master instructor, and as senior vocational teacher, intermediate vocational teacher, vocational teacher. Institutions may limit, but may not expand the scope of the definition of faculty for the purposes of this policy.
      1. The term "regular, full-time personnel" as used in the definition of "faculty" is limited to those persons whose appointments are for a complete academic or fiscal year.
      2. The term "principal activity" as used in the above definition shall mean that the person's regular assignment in the areas of instruction, research and/or public service must be at least fifty percent (50%) of the total assigned duties.
      3. The terms "instruction," "research," and "public service" shall be limited to those academic activities properly assignable to the institution's current funds expenditures accounts designated as "Instruction," "Research," "Public Service," and "Academic Support." The terms exclude those activities properly assigned to accounts for "Student Services" (with the exception of remedial instruction which, at the discretion of the institution, may be treated as regular "instruction"), "Institutional Support," "Operation and Maintenance of Plan," etc.*
      4. The term "faculty" shall not, for the purposes of this statement include members of an institution's instructional personnel defined as "adjunct faculty," part-time teachers, post-doctoral fellows, visiting lecturers, and graduate assistants. "Adjunct faculty" is defined as professional staff members of businesses, industries and other agencies and organizations who are appointed by institutions on a part-time basis to carry out instructional, research or public service functions.
   2. If not otherwise included within the above definition of "faculty," the term "faculty" may include, provided they hold academic rank, academic department or division chairpersons or directors, academic deans, academic vice presidents, presidents, who have direct line authority over faculty as herein above described, and associates or assistants for the above positions. In addition, the term "faculty" may include persons previously designated as members of the faculty who are assigned to other positions at the institution.
   3. Academic rank is an element of faculty status, and shall be limited to "faculty within the above definition. Academic rank may only be assigned to faculty who meet the minimum rank criteria under Board Policy No. 5.02.02.10 and 5.02.02.30, and those policies shall control any promotion in rank.
   4. Exceptions to this policy can be made upon recommendation by a president or director of an institution and approval by the Chancellor.

*Reference: College and University Business Administration, Chapters 5:2 and 5:6 (NACUBO, 1974) 

1. Employment and Commissioning of Campus Law Enforcement Personnel (Campus Police Officers and Public Safety Officers)
   1. The presidents of TBR institutions are authorized to employ and commission campus police officers and public safety officers who shall have all the police powers necessary to enforce all state laws as well as rules and regulations of the Board of Regents and the employing institution.
      1. Campus police officers and public safety officers being so commissioned may exercise their authority on all property or facilities owned, leased or operated by the Board or the employing institution, as prescribed by Tennessee law, including any public roads or rights of way which are contiguous to or within the perimeter of the facilities or property of a particular institution.
   2. All campus police officers and public safety officers employed under this policy shall meet the minimum certification requirements set by the Tennessee Peace Officers Standards and Training Commission (T.C.A. § 38-8-101 et seq.).
      1. The Chancellor is authorized to establish other minimum qualifications that are not in conflict with those established by the Commission or by Tennessee law.
      2. It shall be the duty of each president to ensure that the commissioned officers meet the necessary standards.
2. Employment of Campus Security Personnel (Campus Security Officers)
   1. The presidents of TBR institutions are authorized to employ campus security officers who shall provide non-police, security-related services and as such are not commissioned to exercise arrest authority nor carry firearms.
   2. Campus security officers shall not be subject to the Tennessee Peace Officer Standards and Training Commission.
   3. Campus security officers may execute their security related duties on all property or facilities owned, leased or operated by the Board or the employing institution.
3. Mutual Assistance Agreements - Authority of Campus Law Enforcement Personnel
   1. The campus police officers and public safety officers employed by the law enforcement agency of one Tennessee Board of Regents institution may exercise their authority on property or facilities owned, leased, or operated by another Tennessee Board of Regents institution only in accordance with Tennessee Board of Regents policies where there is an agreement between the presidents or directors of the institutions involved.
   2. A law enforcement agency may enter into written mutual assistance agreements with other law enforcement agencies, including a county sheriff's department, municipal police department, judicial district drug task force, Tennessee Bureau of Investigation or Tennessee Highway Patrol, as are necessary to preserve and protect the property, students and employees of the institution employing the officers and to otherwise perform their duties.
      1. Such agreements may provide for the exchange of law enforcement officers when required for a particular purpose or for mutual assistance to effectuate arrests, execute search warrants and perform other law enforcement functions when the law enforcement agency finds it necessary to act outside of their statutory jurisdiction.
      2. Notwithstanding any mutual assistance agreement or an absence thereof, a campus law enforcement agency must comply with any state or federal law providing that a particular law enforcement agency must lead the investigation of specified criminal acts. 

1. Authorization
   1. Institutions of the Tennessee Board of Regents are authorized to seek and hold patents and copyrights, to assign their rights in intellectual property, and to execute agreements concerning royalty distribution.
2. Applicability
   1. This policy shall apply to all persons employed (either as full-time, part-time or temporary employees) by the Tennessee Board of Regents and its constituent Institutions, to students enrolled at TBR Institutions, and to other persons using Institution facilities and resources.
   2. Contracts for works for hire between TBR Institutions and independent contractors should define the respective rights and responsibilities of the parties with respect to ownership of any intellectual property developed as a result of the contract.
3. Ownership of Intellectual Property
   1. Intellectual property developed by persons to whom this policy applies shall be the sole and exclusive property of the TBR Institution with which the person is associated if the subject intellectual property is;
      1. Developed within the person’s scope of employment with the Institution;
      2. Developed in the course of a project sponsored by the Institution;
      3. Developed with the significant use of the Institution's facilities, services, or equipment (personal office space, libraries and the inventor or author’s personal computer provided by the Institution excluded); or
      4. Developed in the course of a project arranged, administered or controlled by the Institution and sponsored by persons, agencies or organizations external to the Institution, absent prior written agreement to the contrary.
         1. With respect to students, use of resources or facilities typically available to students in their educational activities shall not be considered "significant".
   2. Prior to an Institution providing support (for example, release time or Institutional funding) to a person to whom this policy applies, where that support could reasonably be expected to result in an invention or creation of a copyrightable work with commercial value, the Institution and the person or persons receiving that support shall agree in writing whether any intellectual property potentially arising from the supported activities would qualify as a scholarly work.
   3. Intellectual property developed outside an employee’s scope of employment, on the employee’s own time and without the use of significant Institutional resources shall be the sole and exclusive property of the Inventor or Author.
      1. In consideration of Institutional support in evaluating the intellectual property, seeking patent protection and/or pursuing commercialization activities, the Institution and the Inventor or Author may agree to assign all or a portion of the ownership rights to the invention or work to the Institution.
   4. The Institution shall not assert ownership of "scholarly" works, regardless of whether the circumstances surrounding creation of the work satisfy one or more of the four tests outlined in this section for determining Institutional ownership.
      1. Disclosure of "scholarly" works is nonetheless required, subject to the condition that only those copyrightable works which could reasonably be expected to have commercial value must be disclosed.
   5. Nothing in this policy shall preclude a mutually agreed upon contract between the Institution and persons to whom this policy applies wherein either party may agree to waive their rights under this policy.
4. Administrative Responsibilities
   1. Inventors and Authors
      1. Persons to whom this policy applies are responsible for disclosing to the TBR Institution their invention or production of a copyrightable work which could reasonably be expected to have commercial value.
      2. Disclosure shall be made to the President of the Institution, or designee, using an Invention Disclosure Form (see Exhibit 1) or Copyrightable Work Disclosure Form (see Exhibit 2).
      3. The Inventor or Author shall fully cooperate with other TBR personnel in the disclosure process and in other subsequent activities associated with patenting and/or commercialization of the invention or work.
      4. In the event that two or more persons are entitled to claim ownership of the intellectual property, the Inventors or Authors shall reach agreement between or among themselves regarding relative contributions for the purposes of distribution of net income from the Invention or Work.
         1. That agreement should be in writing and be notarized.
         2. The agreement will be required prior to the President’s initial decision regarding whether to pursue patent protection or commercialization of the intellectual property.
      5. Inventors should particularly note that certain acts (for example, enabling disclosure of the Invention in an academic journal) can constitute a statutory bar to patent protection. An Inventor contemplating public disclosure activities prior to filing an Invention Disclosure Form should contact the TBR Office of the General Counsel prior to engaging in those disclosure activities.
   2. Intellectual Property Advisory Committee
      1. TBR Community Colleges may form an Intellectual Property Advisory Committee, at the discretion of the President.
      2. The Disclosure Form shall be forwarded to the Committee for an evaluation of the ownership, patentability and/or commercial potential of the invention or work.
         1. The Committee shall conduct an interview with the Inventor or Author and other persons as needed to make this evaluation.
         2. A patentability evaluation shall in particular include a thorough evaluation of acts by the Inventor or items of prior art which would bar patent protection.
      3. The Committee shall provide the President of the University or Community College with its recommendations as to ownership of the intellectual property, whether patent protection should be sought, and whether to seek commercialization opportunities.
      4. The Committee shall conduct investigations as it deems necessary in the preparation of its recommendations to the President.
      5. The Committee is authorized to seek outside assistance in preparing its recommendations. Any compensated assistance obtained from private legal counsel must be approved in advance by the Attorney General of the State of Tennessee.
      6. The Committee shall also generally advise the President in all matters relating to this Policy.
      7. For those inventions or works in which the TBR Institution is deemed to have an ownership interest, following a decision by the Institution President or designee to seek patent protection, copyright registration, and/or commercialization of the intellectual property, the Committee will arrange to have those activities undertaken.
      8. All direct costs associated with those activities shall be borne by the Institution involved.
   3. TBR Office of the General Counsel
      1. The TBR Office of the General Counsel is available to support the TBR Institutions, and specifically the Intellectual Property Advisory Committees, in evaluating the inventor-ship, ownership, and patentability of inventions disclosed to the Institution.
      2. To the extent that appropriate resources exist, the OGC shall be available to support prosecution of patent applications.
      3. The Office of the General Counsel is further available to the Institutions to support the drafting of licensing agreements.
      4. The Office of the General Counsel shall receive and evaluate disclosures originating at TBR Institutions without Advisory Committees.
   4. Institution President
      1. The Institution President is responsible for decisions regarding ownership of the intellectual property and for the decision of whether to pursue patent protection or commercialization of the Invention or Work.
      2. These decisions are to be based on the recommendations of the Intellectual Property Advisory Committee, as well as additional counsel the President may choose to seek from other sources.
      3. The President will inform the Inventor or Author of the presidents' decisions through the Advisory Committee.
      4. The President is authorized to make decisions regarding royalty distribution which deviate from the adopted royalty distribution rules, subject to the provisions of Section 8 of this Policy.
      5. If the Institution decides neither to seek patent protection for nor to pursue commercialization of the intellectual property, and the Institution has an ownership interest in the intellectual property, the President may decide to assign the Institution’s ownership interest to the Inventor or Author.
      6. For inventions made in the course of a project funded in whole or in part by the Federal Government, the Bayh-Dole Act (37 CFR 401) imposes certain reporting requirements associated with the technology transfer process.
         1. The President shall designate the party responsible for insuring that those reporting requirements are satisfied.
      7. Subject to other TBR Policies, the President shall have the responsibility for approving any and all agreements associated with commercialization of the intellectual property.
      8. The President is authorized to delegate any or all of these responsibilities, subject to the approval of the Chancellor of the Tennessee Board of Regents.
5. Appeals
   1. The Inventor or Author may appeal decisions of the President or those of the designee.
   2. If the Inventor or Author disagrees with an initial decision, they may request a re-evaluation by the President.
   3. The President is not authorized to delegate responsibilities relative to appeals. The request must be received within thirty calendar days of notification to the Inventor or Author of the initial decision.
   4. The Inventor or Author may submit documents or other evidence in support of their position.
   5. A second and final decision by the President relating to ownership or royalty distribution may be appealed to the Chancellor of the Tennessee Board of Regents.
   6. Decisions of the TBR Chancellor shall be binding.
6. Income from Intellectual Property
   1. Income derived from the commercialization of intellectual property in which the institution has an interest shall be first applied toward any direct expenses incurred by the Institution in seeking patent protection or copyright registration or in pursuing commercialization of the intellectual property.
   2. The portion of the net income the Institution retains from royalties and any other intellectual property-related income shall be deposited in a restricted account, and used by the Institution where the income-producing creation originated for the enhancement of research and instructional programs.
      1. The funds may be used for other purposes if specifically approved by the Chancellor of the Tennessee Board of Regents System.
   3. Each TBR institution shall adopt rules regarding income distribution between the institution and Inventors or Authors. In no case shall the Inventor’s or Author’s share be less than 40 percent of the annual net income from the intellectual property.
   4. TBR Institutions are authorized, subject to the approval of the Chancellor of the Tennessee Board of Regents System, to accept equity in lieu of cash in total or partial consideration for use of the Institution’s intellectual property rights.
      1. Dividend income and income received from the sale of equity shall be divided in accordance with the distribution rules adopted by the institution.

1. Introduction
   1. Full-time employment with the Tennessee Board of Regents demands an individual’s full-time professional expertise, commitment, and energies. The assigned teaching load of a full-time TBR faculty member constitutes a full-time assignment.
   2. However, the Tennessee Board of Regents recognizes the value to its students, its personnel, state institutions of higher education, and to the citizens of Tennessee arising from outside consulting and other professional experiences by employees. Such activities contribute to the economic development of the state and bring credit to the institution. These activities also create valuable links between the institutions and their communities.
   3. The Board also recognizes that, under certain conditions, employees may be requested to perform additional assignments for which extra compensation may be warranted.
2. Outside Employment – Disclosure and Approval
   1. Section II of this policy applies only to full-time employees.  All employees, including part-time employees, must comply with TBR Policy 1.02.03.10, Conflict of Interest.  
   2. Upon initial employment, an employee must disclose any existing outside employment that they intend to continue and seek approval in accordance with this policy.
   3. Once employed, prior to engaging in a new outside employment opportunity, and annually for existing ongoing opportunities, an employee must notify appropriate supervisors and the president/chancellor or designee of the nature or activity of the work, name of the employer, the anticipated beginning and ending dates, and the expected time commitment and obtain approval. A copy of the approval must be provided to the institution’s Human Resource Office. Exhibit 1 is a form approval memorandum.
   4. Approval may be provided only for outside employment and additional assignments that:
      1. Are performed in addition to normal working assignments and responsibilities;
      2. Do not interfere with assigned duties and responsibilities or with regular institutional operations;
      3. Are consistent with Tennessee Board of Regents policies, guidelines, and state law;
      4. Do not constitute a conflict of interest or commitment or compete with the institution’s education, research, or public service programs;
      5. Require only a reasonable time commitment from the employee; and
      6. Are not undertaken with an inappropriate claim that the individual is officially representing the institution in connection with the employment.
   5. If the employment involves other agencies, departments, or institutions of Tennessee State government, it is also subject to prior approval by an appropriate representative of the other agency, department, or institution. Services rendered by a TBR employee to another state agency or institution of higher education will be paid by the contracting agency to the TBR institution in accordance with the applicable TBR policies and procedures, including Contracts Guideline G-030.
   6. Each institution shall develop procedures relating to outside employment and extra compensation for additional assignments that are consistent with Tennessee Board of Regents policy.
3. Additional Assignments for Faculty
   1. Faculty acceptance of additional assignments, including overload assignments, for instruction or other purposes, is strictly voluntary.
   2. Overload assignments are based on the needs of the institution but should not be used on a long-term basis or in lieu of hiring qualified faculty or instructors to fill a continuing need.
   3. Supervisors must be careful to protect faculty against excessive time commitments.
   4. Institutions may develop policies for faculty regarding outside employment, overload assignments, and/or extra assignments that are more restrictive than the TBR policies. Any such standards must be consistent for all full-time faculty members within that institution. All policies regarding outside employment, overloads, and extra compensation must be approved by the Tennessee Board of Regents Offices of Academic Affairs and General Counsel.
4. Rates of Compensation for Overload Assignments to Faculty
   1. Community Colleges:  the minimum rates per credit hour of instruction, as articulated in TBR Guideline P-055 must be applied when calculating compensation for overload assignments for full-time faculty or staff teaching credit courses at community colleges. This includes courses that are taught in any mini-term that is academically attached to fall or spring semester (e.g., winter-mester courses).
      1. Compensation for overload assignments must be based on the instructor’s highest degree, rank, and experience within their academic unit at their institution.
      2. With the approval of the Chancellor, presidents or their designees may approve exceptions to these minimum rates.
      3. Presidents or their designees may approve rates that are greater than those stated in TBR Guideline P-055 as long as the rates are applied consistently for similar faculty (degree, rank, and experience) within the same academic unit.
   2. TCATs:  Presidents or their designees may establish overload rates and assignments based on factors including highest degree, rank, experience, salary, and area of expertise. 
5. Exceptions - This policy does not apply to:
   1. Ordinary short-term professional activities such as participation in symposia, accreditation visits, speaking engagements, exhibitions, or recitals, even though honoraria may be received for such participation, or to sporadic extra-professional activities such as providing occasional childcare. Such activities are subject to the applicable laws and policies regarding conflicts of interest.
   2. Activities to be performed outside the employee’s terms of employment, e.g., summer for faculty. Salaries paid to academic year faculty for teaching in summer session, which are addressed in TBR Policy 5.02.04.10.
6. Sanctions
   1. Failure to comply with the requirements of this policy will result in disciplinary action, up to and including termination of employment.

1. Classifications
   1. All regular full-time employees, their spouses and children, shall be classified as in-state students for purposes of fees and tuition when enrolled in courses at any institution governed by the Board. See Policy 3.05.01.00 to determine status of spouses and children of individuals who are employed at Fort Campbell.
   2. Graduate assistants shall be classified as in-state students for purposes of fees and tuition at the institutions where they are pursuing graduate studies as graduate assistants. 

1. Introduction
   1. The Tennessee Board of Regents offers two state-supported retirement programs. The primary program, the Tennessee Consolidated Retirement System (TCRS), is open to all employees of the State of Tennessee and regular non-exempt Tennessee Board of Regents employees are provided benefits under this program. The secondary program, the Optional Retirement Program (ORP), is open to regular faculty and exempt staff employees. In addition, visiting lecturers are eligible to participate in the ORP. Regular faculty and exempt staff employees may choose to enroll in either the TCRS or the ORP.
   2. Both retirement programs, the TCRS and the ORP, have a Legacy Plan and a Hybrid Plan and eligibility is based on date of hire. Employees hired on or before June 30, 2014 are eligible to participate in the Legacy Plan, which is a non-contributory plan. Employees hired on July 1, 2014 or later are eligible to participate in the Hybrid Plan, which is a contributory plan.
   3. All rights to retirement plan benefits for employees of the Tennessee Board of Regents are governed by the laws and regulations established by the State of Tennessee and/or the federal government. For employees participating in the ORP, employee rights to plan benefits also are governed by the ORP vendors' regulations and the contract between the employee and the ORP vendor(s).
2. Eligibility
   1. All regular full-time employees of the Tennessee Board of Regents and of institutions governed by the Tennessee Board of Regents shall be members of a state-supported retirement plan as a condition of employment, subject to eligibility provisions.
   2. For regular part-time employees, membership in a state-supported retirement plan is optional.
   3. Employees must continue to participate in a retirement plan as long as they remain in a regular status (breaks in service, other than terminations, do not affect eligibility for participation).
   4. The following is a non-inclusive list of employees not eligible to participate in a state-supported retirement plan:
      1. Students
      2. Temporary employees
      3. Medical residents
      4. Interns and externs
      5. Non-U.S. citizens who do not pay Social Security or Medicare taxes
3. Electing a Retirement Plan
   1.  An eligible employee who is not a member of the TCRS and has not accumulated creditable service thereunder as a member of a local retirement fund having rights under the TCRS, may elect membership in either the TCRS or ORP.
   2. An eligible employee who is a member of the TCRS or of a local retirement fund having rights under the TCRS, and who is otherwise eligible to join the ORP, may elect to participate in the ORP in lieu of continuing contributions to and accumulating creditable service in the TCRS while employed at an institution with an ORP.
      1.  Any employee who elects to cease membership in the TCRS and commence membership in the ORP are subject to the Transfer process in Section V. of this policy, which includes submitting written notice using the Election to Transfer Membership from TCRS to ORP form available at http://www.treasury.state.tn.us/orp/PDFs/Forms/tr0275.pdf 
      2. As stated on the form, an employee who transfers membership from the TCRS to the ORP will thereafter be ineligible to accumulate creditable service in the TCRS during such period or periods as they are employed by an institution with an ORP.
   3. The Notice of Election to Participate in the ORP or TCRS form shall be used by employees in designating an election. The completed form shall be kept on file by the institution’s Human Resources Department.
      1. If no election is made the employee shall be deemed to have elected the TCRS.
      2. Employees electing the ORP must complete the ORP Premium Distribution Specification Form and the application material for the selected vendor(s).
4. Contributions
   1. Employees hired on or before June 30, 2014
      1. For employees participating in the TCRS, employer contributions are calculated on the employee’s eligible compensation amount and paid at the rate determined on a biennial basis by the actuary. Shortly after each valuation, the TCRS will notify each institution of its new employer contribution rate and effective date.
      2. For employees participating in the ORP, employer contributions will be paid at 10% of eligible compensation up to the social security wage base and 11% of eligible compensation above the social security wage base.
   2. Employees hired on or after July 1, 2014
      1. For employees participating in the TCRS, employer contributions are calculated on the employee’s eligible compensation amount and paid to a defined benefit plan and 5% to a defined contribution plan. The employer contribution is determined by the actuary and subject to change. The mandatory employee contribution is 5% and paid to a defined benefit plan. Employees will also be auto-enrolled into the 401(k) plan at a contribution rate of 2%. The employee may opt out of the auto-enrolled 401(k) within 30 days of notification of enrollment from the 401(k) vendor. The employee may also change the 401(k) contribution amount at any time. Employees shall receive up to a $50 per month match in the 401(k) if enrolled.
      2. For employees participating in the ORP, employer contributions will be paid at 9% of compensation and the mandatory employee contribution will be 5%. Employees will also be auto-enrolled into the 401(k) plan at a contribution rate of 2%. The employee may opt out of the auto-enrolled 401(k) within 30 days of notification of enrollment from the 401(k) vendor. The employee may also change the 401(k) contribution amount at any time. Employees shall receive up to a $50 per month match in the 401(k) if enrolled.​
         1. For employees hired after July 1, 1996, the annual limit for employer contributions to either retirement program (TCRS or ORP) made on behalf of employees will be subject to applicable federal and state limits.  Additionally, for employees participating in the ORP, there is also an annual aggregate contribution limit for contributions to the ORP and all other tax deferred programs.  This limit is defined on an annual basis by the IRS.
5. Transfers
   1. Transfers from the TCRS to the ORP
      1. Effective April 4, 2001, TCA § 8-35-403 was amended to permit an employee who is eligible to participate in the ORP but who elected to participate in the TCRS to transfer membership from the TCRS to the ORP. The change will be effective the first day of the month following thirty (30) days written notice to TCRS and the employee’s institution.
      2. Any employee who elects to transfer funds in the ORP must execute the Election to Transfer Funds from TCRS to ORP form at least 30 days prior to the payroll date in which the change is to be effective.
      3. Employees hired on or after July 1, 1981 through June 30, 2014 are non-contributory members. Contributions made by the employer are not transferable. Employees executing this action will transfer membership only since all contributions were made by the employer.
      4. Employees hired prior to July 1, 1981 (when contributions to the TCRS were paid jointly by the institution and the employee) will transfer all employee contributions to the TCRS plus that portion of the employer’s contribution made on behalf of the employee after July 1, 1981, plus any accrued interest are fully transferable to the ORP. Only contributions made by the employee (through payroll deduction) or contributions made by the employer on behalf of the employee under the non-contributory plan are transferable. Such transfer of contributions constitutes a termination of membership in TCRS and a waiver of all rights and benefits under TCRS.
      5. Employees hired after July 1, 2014 (when contributions to the TCRS are paid jointly by the institution and the employee) will transfer all employee contributions made to the TCRS. Contributions made by the employer are not transferable.
      6. Employees reclassified from a non-exempt to an exempt position may redirect contributions from the TCRS to the ORP.
         1. Employees with a hire date after July 1, 1981 through June 30, 2014 will transfer membership only. Employer contributions are non-transferable.
         2. Employees with a hire date prior to July 1, 1981 or after July 1, 2014 will transfer all employee contributions plus any accrued interest to the ORP. Employer contributions are non-transferable.
   2. Transfers from the ORP to the TCRS
      1. Employees hired prior to January 1, 2005 were given a one-time opportunity to transfer membership from the ORP to the TCRS.
      2. ORP members (hired after January 1, 2005) with five (5) years of full-time equivalent creditable service have a one-time transfer option to change from ORP to TCRS. The cost to change is an actuarially determined contributions percentage plus 7.5%.
      3. This election to transfer from the ORP to the TCRS must be made and filed not later than the end of the calendar year following the year that five (5) years of service is achieved.
   3. Transfers within the ORP
      1. Employees who participate in the ORP may direct employer contributions made on their behalf to one or more of the vendors designated to provide annuity contracts under the State of Tennessee ORP.
      2. Once funds are on deposit with a designated company, the participant may move those funds among the different investment accounts within the ORP vendor. The participant may authorize such internal transfers by telephone or via the vendor’s website.
   4. Vesting and Creditable Service
      1. Employees who are enrolled in the TCRS must accrue five years of full-time equivalent retirement creditable service to be vested and receive a service retirement benefit. Five years of full-time equivalent retirement creditable service must also be accrued to be eligible for ordinary disability retirement under the TCRS. No specific amount of creditable service is required for accidental disability under these plans.
      2. ORP benefits are vested immediately, and lifetime distributions may be started at any time after separation, subject to IRS regulations.
   5. Breaks in Service
      1. Returning employees with an original hire date prior to July 1, 2014 have the following options available:
         1. Employees vested in the Legacy Plan (non-contributory) with a break in service may return to the Legacy Plan upon re-employment.
         2. Employees not vested in the Legacy Plan (non-contributory) with a break in service of less than seven (7) years may return to the Legacy Plan upon re-employment.
         3. Employees not vested in the Legacy Plan (non-contributory) with a break in service of seven (7) or more years must enroll in the Hybrid Plan (contributory).
   6. Eligibility to Retire
      1. Employees hired on or before June 30, 2014 and enrolled in the TCRS or the ORP Legacy Plan.
         1. For employees participating in the TCRS, the following apply:
            1. Service retirement – Age 60 and vested or 30 years of service.
            2. Early retirement – Age 55 and vested or 25 years of service.
         2. For employees participating in the ORP, the following applies:
            1. Benefits are vested immediately and lifetime distributions may be started at any time after separation from service, subject to IRS regulations.
      2. Employees hired on or after July 1, 2014 and enrolled in the TCRS or ORP Hybrid Plan.
         1. For employees participating in the TCRS, the following apply:
            1. Service retirement – Age 65 and vested or Rule of 90 (age and service years total 90).
            2. Early retirement – Age 55 and vested.
         2. For employees participating in the ORP, the following applies:
            1. Benefits are vested immediately and lifetime distributions may be started at any time after separation from service, subject to IRS regulations.
         3. There is no mandatory retirement age for employees. The effective date of retirement for all employees, including faculty, is usually the day following the last day in an active pay status. Retirement dates for persons with academic year appointments will be generally December 31, May 31, June 30, or July 31; generally flex-year appointments end July 31. For persons teaching summer school, retirement will be delayed until the end of the month following completion of the assigned summer term.
      3. ​Separation from Service Prior to Retirement
         1. ​TCRS
            1. ​For TCRS members who separate from service prior to retirement, the following options are available:
               1. ​Employees who separate and accept employment at another state agency shall have membership and contributions continued at the new agency.
               2. Employees who have achieved vested service may leave funds intact until a benefit is requested at retirement.
               3. Employees, upon separation from service, may apply for a refund of their accumulated employee contributions and interest. Employer contributions to the defined benefit portion of the Hybrid Plan are not refundable. By obtaining a refund, he or she gives up TCRS membership and all rights and benefits in the retirement system.
         2. ​​ORP
            1. ​For ORP members who separate from service prior to retirement, the following apply:
               1. ​Employees who separate and accept employment at another participating institution may choose to have membership and contributions continued at the new institution.
               2. All funds contributed by the institution and funds contributed by the employee prior to July 1, 1981 and after July 1, 2014, remain intact and continue to accrue interest and dividends until retirement. An exception may apply for employees who have separated from service and have a de minimus amount less than $15,000 in total accumulations in the ORP. Depending upon ORP company regulations, such employees may be eligible for a lump sum distribution, a rollover to an Individual Retirement Account, or a rollover to another qualified retirement plan as specified in section 401(a) of the Internal Revenue Code. Verification of an aggregate current balance of less than fifteen thousand dollars ($15,000) (for de minimus distributions) shall be provided by the participant in the form of current quarterly statement(s). Both forms must be returned to the vendor(s) in order for the lump sum distribution to be processed.
               3. If a participant has separated from service and is receiving social security disability benefits from the social security administration due to the participant’s disability, the participant may, upon written request receive a lump sum distribution from the participant’s account(s) each year. The following shall apply:
                  1. The aggregate total of each annual distribution from all of the participant’s accounts shall not exceed twenty-five thousand dollars ($25,000).
                  2. Each annual distribution shall be made in any manner permitted by the vendor(s) holding the accounts but only upon receipt by the institution of documentation confirming the participant’s continued receipt of social security disability benefits. Once the participant attains the age requirement for receipt of old age and survivors' benefits under Title II of the Federal Social Security Act, the participant shall no longer be required to provide such documentation in order to receive an annual distribution.
               4. Distribution of contributions shall require the completion of forms for the participant’s vendor(s).
               5. Verification of contributions and separation from service information shall be provided by the last employer.
         3. Re-employment of Retirees
            1. Re-employment of retirees who are receiving retirement benefits from the TCRS or the ORP is monitored through the State Retirement System. Retirees must have a break in service for a minimum of sixty (60) days, unless an exception has been applied for and approved. All re-employed retirees must participate in Social Security.
            2. When a retiree is re-employed, he/she will be required to complete the appropriate form. TCRS retirees must complete the Temporary Employment Report form and the institution shall submit the form to the TCRS. ORP retirees must complete the Optional Retirement Program (ORP) Part-time Re-employment Certification/Waiver form for the institution’s files. New forms for re-employed TCRS and ORP retirees must be completed for each 12-month period and certify the following requirements have been met:
               1. Retirees may be re-employed without a loss of retirement income up to but no longer than 120 working days or the equivalent (900 hours) within the 12-month period immediately following the date of re-employment.
               2. Retirees may be re-employed as a teacher without a loss of retirement income for a maximum of 18 semester hours (24 quarter hours), providing the total salary paid to any such retiree for teaching during the 12-month period does not exceed his or her pro rata share of the average salary being paid at the institution for the academic discipline concerned.
               3. A disability retiree may return to work for any state employer without loss of retirement benefits provided he or she does not earn more than the substantial gainful activity amount determined each calendar year by Social Security in the 12-month period from the date of re-employment and does not exceed 120 working days or the equivalent (900 hours).
               4. The entire compensation payable to the retiree for such work is not more than 60 percent of the annual full-time salary received by the member in the year immediately prior to retirement.  This limit on salary increases by 5 percent for each year since the member’s retirement.
            3. Temporary Employment. Retirees are generally re-employed as temporary employees and are limited to 900 hours of work in a 12-month period.
            4. Regular Full-time Employment. Retirees who are re-employed with an expected duration of 12-months or more must participate in retirement and must agree to waive any retirement benefits received from a State of Tennessee supported retirement plan during the period of regular employment.
            5. Regular Part-time Employment. Retirees who are re-employed as regular part-time have the option to participate in a retirement plan. If the part-time employee chooses to participate in a retirement plan, any retirement benefits from a State of Tennessee supported plan must be waived during the period of regular employment.

​​

1. Retirement Policy
   1. Except as otherwise provided herein, all regular full-time employees of the Tennessee Board of Regents and of institutions governed by the Tennessee Board of Regents shall be members of a state-supported retirement system, subject to the eligibility provisions of T.C.A. § 8-35-101 et seq.
   2. Regular part-time employees are eligible to become members of a state-supported retirement system, but such membership is not mandatory.
   3. Pursuant to T.C.A. § 8-35-403 et seq., any individual who is exempt from the Fair Labor Standards Act and who is employed in a state-sponsored institution of higher education may elect either membership in the retirement system or participation in the optional retirement program. Therefore, all regular academic, executive, administrative, and professional employees of the Board and institutions shall have the option of becoming members of either the Tennessee Consolidated Retirement System (TCRS) or the Optional Retirement Program (ORP).
      1. Employees who are members of the TCRS are eligible to retire upon attainment of appropriate age and years of creditable service, or a combination thereof.
      2. Employees who are members of the ORP may retire at any time after separation from service, subject to IRS regulations.
   4. Any person who has served as the president of an institution under the Board of Regents for a period of not less than ten (10) years may, upon approval of the Board, be retired as President Emeritus of the institution.
   5. 1. For presidents hired after September 1, 2002, this will be an honorary title earned through service with no material benefit other than the honor associated with its granting.
      2. Only for presidents hired prior to September 2002, an annual salary of twenty percent (20%) of the last year’s salary, exclusive of perquisites, may be paid monthly from institution appropriations subject to the terms and conditions of T.C.A. § 8-36-714.
   6. For either retirement system (TCRS or ORP), the annual limit to employer contributions made on behalf of employees hired after July 1, 1996 will be subject to applicable federal and state limits.
   7. There is no contribution limit for employees employed before July 1, 1996.
      1. Additionally, for employees enrolled in the ORP, there is also an annual aggregate contribution limit for contributions to the ORP and 401(k). This limit is defined on an annual basis.
   8. Temporary Employment. Any retired member of TCRS (except those receiving a disability retirement allowance) or ORP (except those who have never taken a withdrawal or distribution from his/her account) may return to service in a position covered by this system and continue to draw their retirement allowance under the following conditions:
      1. The retiree must have a break in service for a minimum of sixty (60) days, unless an exception has been applied for and approved.
      2. Retirees employed as teachers by an institution of higher education are limited to 24 quarter hours or 18 semester credit hours.
      3. The entire compensation payable to the retiree for such work should not be more than 60 percent of the annual full-time salary received by the member in the year immediately prior to retirement. This limit on salary increases by 5 percent for each year since the member's retirement.
   9.  When a retiree begins temporary employment, they will be required to complete the appropriate form.
      1. TCRS retirees must complete the Temporary Employment form and the institutions shall submit the form to the TCRS. The TCRS must be notified by letter when the retiree's temporary employment reaches the 120 day limit and/or when employment is terminated to avoid possible overpayment or suspension of the monthly benefit.
      2. ORP retirees must complete the Optional Retirement Program (ORP) Part-time Reemployment Certification/Waiver form for the institution's files.
      3. New forms for TCRS and ORP retirees must be completed for each 12-month period.

1. Introduction
   1. It is the intent of the Tennessee Board of Regents that the Board of Regents and all of the institutions within the Tennessee Board of Regents System will promote and ensure equal opportunity for all persons without regard to 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, and shall fully comply with Executive Order 11246, as amended; the Rehabilitation Act of 1973; Americans with Disabilities Act of 1990; the Vietnam Era Veterans Readjustment Act of 1974, as amended; the Equal Pay Act of 1963, as amended; the Age Discrimination in Employment Act of 1967, as amended the Age Discrimination Act of 1975; the Pregnancy Discrimination Act; applicable state statutes and all regulations promulgated pursuant thereto.
   2. It is the intent of the Board that each campus of the Board shall be free of harassment on the basis of sex, race, and shall fully comply with the provisions of Titles VI and VII of the Civil Rights Act of 1964, as amended; Title IX of the Education Amendments of 1972, as amended, the federal and state constitutions, and all other applicable federal and state statutes.
2. Statement of Policy
   1. The Board of Regents hereby reaffirms the policy of the Tennessee Board of Regents System, and all institutions included therein, that the System will not discriminate against any employee or applicant for employment because 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.
   2. Similarly, the System shall not, on the basis of a protected status, subject any student to discrimination under any educational program. No student shall be discriminatorily excluded from participation in nor denied the benefits of any educational program on the basis of a protected status.
   3. The System will take affirmative action to ensure that all individuals are treated during the employment process without regard to their 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. Such action shall include, but not be limited to, actions to:
      1. Recruit, hire, train, and promote persons in all job titles, without regard to any of the foregoing prohibited factors;
      2. Base decisions on employment so as to further the principle of affirmative action and equal employment opportunity;
      3. Ensure that promotion decisions are in accord with principles of equal employment opportunity by imposing only valid requirements for promotional opportunities; and
      4. Ensure that all personnel actions such as compensation, benefits, transfers, layoffs, return from layoff, and institution sponsored training, education, tuition assistance, and social and recreation programs, will be administered without regard to any of the foregoing prohibited factors.
   4. It is and has been the policy of the Tennessee Board of Regents to maintain each campus as a place of work and study for faculty, staff, and students, free of sexual and racial harassment. Harassment is a form of discrimination and harassment in the workplace or the educational environment is unacceptable conduct and will not be tolerated.
3. Administrative Responsibility
   1. Duties of the Chancellor and/or System Equal Employment Opportunity and Affirmative Action Program Officer.
      1. The Chancellor shall designate the person on the staff of the Board who shall serve as the Equal Employment Opportunity/Affirmative Action Officer (hereinafter EEO/AA) for the System and also designate an EEO/AA Officer for the System Office.
      2. The Chancellor shall direct the President of each institution to appoint an EEO/AA Officer and a Title IX Coordinator for the institution.  If the EEO/AA Officer and Title IX Coordinator are different people, then the President shall be responsible for ensuring that the Title IX Coordinator and the EEO/AA Officer work together to comply with statutes, regulations, policies and guidelines, including, but not limited to, the duties assigned to the EEO/AA Officer in this policy.
      3. The Chancellor shall furthermore ensure participation in Board approved access and diversity initiatives.
      4. The Chancellor shall ensure that the following actions occur:
         1. Equal Employment and Affirmative Action
            1. Equal employment opportunity and affirmative action program plans are to be prepared by each campus EEO/AA Officer at the individual institutions and schools in the System and these plans must be effectively administered by the campus EEO/AA Officer within the requirements of this policy and applicable laws and regulations. The EEO/AA Officer for the System Office shall prepare the System Office affirmative action plan.
            2. The system EEO/AA Officer will review and evaluate the success of the equal employment opportunity and affirmative action programs in the System Office and on each campus and make recommendations to the Chancellor concerning desirable changes.
            3. The institutional EEO/AA Officer and the TBR System Office EEO/AA Officer will receive, review, and investigate institution and system Office equal employment opportunity complaints and appeals and make recommendations regarding their disposition to the President in the case of an institutional complaint and to the Chancellor regarding a system Office complaint.
         2. Harassment
            1. Depending on the locus of the complaint, the Chancellor and Presidents are responsible for the final resolution of a harassment complaint.
            2. The Chancellor shall ensure the following actions occur:
               1. Investigation of Harassment Complaints
                  1. The Chancellor shall designate the Tennessee Board of Regents' General Counsel to supervise the investigation and give legal advice to the institution or system Office EEO/AA Officer who will receive, review, and investigate all charges of harassment arising from their institution or office.
                  2. The institution or system Office EEO/AA Officer/Title IX Coordinator will investigate and resolve all complaints of unlawful harassment as required by applicable policy and/or Guideline P-080 and will communicate all facts to the General Counsel for legal advice.
                  3. It is the intent of this policy that the review and investigation process conducted by the campus or System Office Affirmative Action Office will be under the direct supervision and control of the General Counsel and is intended to be a confidential communication which will result in Counsel giving legal advice.
         3. Annual Evaluations
            1. The Chancellor will annually evaluate each president on their progress toward the affirmative action plan goals, their progress toward diversity, and their participation in Board approved access and diversity initiatives.
   2. Duties of the President
      1. Each institution President shall be responsible for the development and implementation of the equal employment opportunity and affirmative action program on each campus as well as assuring that unlawful harassment is investigated and educational efforts regarding harassment take place. In carrying out this responsibility, the President shall comply with the following:
         1. Appoint an EEO/AA Officer who will be responsible for promoting and assuring compliance with this policy and with all applicable laws and regulations, policies, and guidelines, reviewing the effectiveness of the program and recommending improvements to the President.
         2. Ensure that affirmative action plans are developed annually and implemented as a means of aggressively pursuing the principles of equal employment opportunity.
         3. Develop affirmative action goals and timetables directed toward correcting situations contributing to the under-utilization or inequitable treatment of minority or women employees in the institution or school.
         4. Provide positive leadership in the implementation of the affirmative action program on the campus and ensure that appropriate attention is devoted to the program in staff and faculty meetings.
         5. Inform all management officials and supervisors that their performance evaluation will be partially determined by the effectiveness of their participation in the equal employment opportunity program and in Board approved access and diversity initiatives.
         6. Designate a person on the campus to be responsible for gathering and reporting data related to the equal employment opportunity program.
         7. Assure policies and procedures are instituted to deal with all forms of harassment, including a procedure for the EEO/AA Officer to receive and investigate complaints and recommend necessary action to the President.
         8. Designate the EEO/AA Officer as the staff person responsible for the development and implementation of educational efforts regarding all types of harassment.
   3. Duties of the EEO/AA Officer
      1. Equal Employment Opportunity and Affirmative Action Program
         1. The EEO/AA Officer will develop and maintain an EEO/AA program which shall include but not be limited to the following responsibilities:
            1. The institution/System Office EEO/AA Officer will receive, review and investigate equal employment opportunity complaints and appeals and make recommendations to the President or Chancellor regarding their disposition, unless policy or guideline requires otherwise.
            2. Equal employment opportunity or affirmative action complaints made to external agencies, i.e. EEOC or THRC, will be investigated by the institution or system Office EEO/AA Officer in conjunction with the Office of the General Counsel. All complaints will be forwarded to the Office of the General Counsel and any reports to the external agency will be prepared by the institution and submitted to the Office of the General Counsel for approval and forwarding to the agency. The attorney/client relationship will apply to the investigation and preparation of those reports.
            3. The EEO/AA Officer will develop and maintain an EEO/AA program which shall include:
               1. Developing or reaffirming the institution's equal employment opportunity policy in all personnel actions;
               2. Formal internal and external dissemination of the policy;
               3. Establishing responsibilities for implementation of the program;
               4. Identifying problem areas by organizational units and job classifications;
               5. Establishing goals and objectives by organizational units and job classifications, with timetables for completion;
               6. Developing and executing action-oriented programs designed to attain established goals and objectives;
               7. Ensuring compliance of personnel policies with the sex discrimination guidelines;
               8. Active support of local and national community action and community services programs designed to improve the employment opportunities of minorities and women;
               9. Internal audit and reporting systems designed to insure compliance and to permit monitoring of the program; and
               10. Internal complaint procedures designed to expeditiously process and resolve complaints and grievances by employees or applicants for employment.
            4. Updating the EEO/AA plan annually, and reporting progress in meeting the established goals and objectives, with such report submitted at least annually to the Chancellor as directed by the System EEO/AA Officer. The EEO/AA Officer shall discuss the success of the EEO/AA program with the President and make recommendations regarding desirable changes.
      2. Harassment Program
         1. Each institution and System Office EEO/AA Officer will be responsible for implementing Guideline P-080 Discrimination and Harassment – Complaint and Investigation Procedure.
         2. The EEO/AA Officer will ensure the development of an educational program alerting students and employees to the non-harassment policy and guideline.
         3. Under the direction and guidance of the TBR General Counsel, the institution or system Office EEO/AA Officer will investigate all harassment complaints. The institution or System Office EEO/AA Officer will receive, review, and investigate all complaints of harassment based on sex, race, color, religion, ethnic or national origin, or other protected status.
         4. The EEO/AA Officer will ensure that complaints involving discrimination or harassment between students are investigated and resolved by the Student Affairs Office, which resolves all student disciplinary problems.

1. General Procedures
   1. Alternate work arrangements should address and establish the business justification for the alternate work arrangement. Each institution must establish an internal procedure to review and approve/deny proposed alternate work arrangements, regardless of whether the institution, supervisor, or employee proposes the alternate work arrangement.
   2. Alternate work arrangements are not a universal employee benefit or right. No employee is entitled to or guaranteed an alternate work arrangement. Management is responsible for the continued successful operations of each institution, and thus management has the sole discretion to designate positions and/or individuals for an alternate work arrangement.
   3. Alternate work arrangements do not change the conditions of employment or required compliance with laws and policies. Employees working on an alternate work arrangement are subject to the same policies, statutes, and procedures applicable to all employees including, but not limited to, outside employment, conflict of interest, IT acceptable use, time and attendance, and leave policies.  Institutions must ensure that procedures are in place to document the work hours of employees in alternate work arrangements and to ensure compliance with the Fair Labor Standards Act. Supervisors may require employees to report to a central workplace or video conference as needed for work-related meetings or other events or may meet with employees in person as needed regardless of the alternate work arrangement. If a holiday falls on an employee’s scheduled day off as a result of an alternate work arrangement, the employee’s supervisor will make appropriate schedule adjustments to accommodate the holiday.
   4. If approved for an alternate work arrangement, the employee is expected to maintain appropriate levels of productivity and quality of work.  The supervisor will use the institution’s normal performance management system to clearly define the performance expectations and to assess the employee’s performance.  If a decline in performance is noted, the arrangement will be canceled.
   5. Approved alternate work arrangements must be supported by a written alternate work arrangement.  At a minimum, this arrangement must include and establish:
      1. That the arrangement may be revoked any time without cause by written notification of the institution or upon request by the employee, if approved by the supervisor;
      2. That the agreement will be reviewed periodically (and no less than annually) for compliance and to insure the continued business justification for the work arrangement;
      3. The employee’s work schedule;
      4. The employee’s work location(s); and
      5. The employee will be responsible for the tax consequences of any alternate work arrangement;
      6. The employee’s status during emergency or weather-related closings.  Employees whose alternate work location is in their home are expected to continue working during emergency or weather-related closings, unless otherwise determined by the institution or the employee requests annual leave.
   6. Requests for alternate work arrangements as an accommodation for a disability will be addressed through the institution’s accommodation request process.
   7. A sample Alternate Work Arrangement Acknowledgment is provided in Exhibit 1.
2. Remote Work Procedures
   1. Remote work may be viable in certain instances.  Remote work arrangements may be for partial, or in certain situations, on a full-time basis.  This policy does not apply to remote work on an informal basis, such as occasional work from home or while traveling.
   2. The majority of job positions require staff to be on campus to support students, faculty, fellow staff, and other members of the institutional community.  Remote work thus is not suitable for all employees and all jobs.  In determining the appropriateness of a remote work arrangement, the supervisor should consider:
      1. Job responsibilities—the amount of required in-person interaction with faculty, students, and other employees and the ability for the individual and operational unit to perform as competently and efficiently as if working at the central workplace.
      2. Needs of the unit and other units—whether the unit obtains optimal performance by collaborating in person, whether employees are able to interact sufficiently via remote means, and whether working remotely adversely affects other units.
      3. Resources—whether the institution can save money by having certain units and certain employees work remotely and whether the employee has appropriate resources at the remote location, including reliable, high-speed internet service.
      4. Employee suitability—whether the employee has demonstrated traits necessary to work remotely, such as the ability to work independently, good organization and time-management skills, satisfactory attendance and punctuality, and self-motivation.
   3. An employee working remotely has the same responsibility as one working at a central workplace for maintaining regular work hours consistent with the core workday of the institution (unless a variation is approved by a supervisor) and for devoting working time to work-related functions. The employee is responsible for maintaining a productive workplace and for limiting interruptions during working time, which includes making appropriate dependent-care arrangements.  A remote work arrangement is not a substitute for dependent care or for taking leave.  Requests for leave to address such issues should be made pursuant to the appropriate leave policy.
   4. The employee is responsible for making arrangements for a safe work environment.  Work related injuries occurring while working away from the central workplace should be reported consistently with those occurring at a central workplace. 
   5. The supervisor should consider material and equipment needs when drafting a proposal for an alternate work arrangement with the goal of making the arrangement cost-neutral, i.e., no more equipment, supplies or expense should be necessary as a result of the alternate work arrangement than would be needed at the central workplace. However, at the institution’s discretion, funds may be used to provide office equipment, such as docking stations or scanner/printers if doing so enhances the cost efficiency of the arrangement or is otherwise in the institution’s best interests. 
   6. The institution will not be responsible for any additional costs associated with alternate work locations such as utilities, home maintenance, furniture etc. The employee is responsible for maintaining reliable, secure high-speed internet and telephone service at the alternate work location. 
   7. In the event an employee is unable to work remotely due to internet outages or other reasons, the employee should contact the supervisor and may be required to report to the central workplace or take leave.
   8. Employees with remote work arrangements shall not receive mileage for travel to their central workplace.  Travel to a central workplace is not working time. 
   9. For a home-based work location, the employee will be responsible for providing insurance coverage for equipment, supplies, etc. provided by the employee, as the institution is not responsible for damage to an employee’s personal property. The employee will be responsible for compliance with any local zoning ordinances or other restrictions related to maintaining a home-based work site. The institution will not be liable for any fines, penalties, taxes or other expenses that may accrue as a result of any violation of applicable restrictions.
   10. Employees are not permitted to have in-person, work-related meetings in their homes, unless with an individual employed by a TBR institution or State of Tennessee agency.
   11. Out of state remote work locations.
       1. Employees working for Tennessee Board of Regents institutions are generally expected to have a central workplace in Tennessee.  For that reason, institutions will not routinely enter into remote work arrangements that involve working entirely or primarily in another state.  Any request for out-of-state remote work must be approved by the president (or Chancellor for System Office employees) and human resources in advance.  Because working outside of Tennessee may subject the institution to the laws of other states, remote work will not be approved from all states.  If a supervisor is considering hiring an employee who wishes to spend a significant amount of working time in another state, the supervisor should consult human resources and obtain the required approvals early in the recruiting process. The Chancellor must approve any international remote work arrangement.  Approval to work remotely is not needed for the following:
          1. while traveling on institutional business;
          2. while traveling on a Tennessee Center for International Studies program;
          3. while on personal travel or on weekends and holidays; and
          4. where the employee commutes to a central workplace in Tennessee from across state lines.
       2.  Working outside of Tennessee may create state and local income tax obligations for an employee. State and local income tax laws differ significantly and may be based on both personal residence and work location. The employee is responsible for understanding the tax consequences associated with a remote work arrangement and for properly paying any applicable state and local income taxes that result from remote work. TBR institutions do not withhold income and remit taxes to other states. The employee must indemnify the institution for any unpaid tax liability resulting from a remote work arrangement.
   12. Employees working remotely must protect institution-owned equipment, records, data, and material. Employees must follow the institution’s data security policies and procedures for protecting confidential information. The employee will be responsible for any materials and documents transported from the institution and/or printed at the alternate work location.The employee is responsible for appropriate disposal of records. Employees must report loss, damage, theft, or unauthorized access at the earliest opportunity and cooperate with the institution in following up on such matters. Institution-provided equipment and supplies must be returned in good working order upon termination of the remote work arrangement, or at any time upon request by the institution.