1. Application of Guideline
   1. The following procedure is to be used for support staff employees who are demoted, suspended without pay, or terminated.
   2. If the grievance involves or is based on unlawful discrimination or unlawful harassment, the process set out in Guideline P-080 must be utilized; however, if the President’s/Chancellor’s, as appropriate, decision includes demotion, suspension without pay, or termination, the employee so disciplined may use this procedure or the procedures described in TBR policy 1:06:00:05.
   3. Standard grievance forms shall be made available to support staff at each work site, but no grievance may be denied because a standard form has not been used.
2. Complaint Procedure
   1. The complaint procedure should state a time limit within which a complaint must be presented after the date the employee received notice or becomes aware of the action which forms the basis of the complaint.
      1. If the complaint arises from a repeated or continuing occurrence, the time limit begins from the date of the last such occurrence.
      2. Any complaint not presented within the time limit is waived and shall not be considered.
      3. Once a final determination is made, the employee may not later present the same complaint in an attempt to gain a more favorable outcome.
   2. The institution policy shall indicate with whom a complaint is to be filed. It should also indicate that a complaint must be submitted in writing.
   3. Resolution of complaints at a minimum requires the institution to:
      1. Allow the employee to present facts and/or materials;
      2. Investigate the dispute; and
      3. Attempt to find a solution.
         1. The President or designee shall be the final decision maker.
         2. Complaints do not include a right to any type of hearing, adversarial proceeding, nor the right to appeal to the Chancellor.
3. Grievance Procedure
   1. Time for Filing
      1. A grievance must be initiated within fifteen (15) workdays after the employee receives notice or becomes aware of the action which is the basis for the grievance.
      2. The administrator considering the grievance at each step shall issue a written decision with specific reasons stated for the decision.
      3. If the employee is not satisfied with the decision at any step,they must carry the grievance forward to the next step within fifteen (15) workdays after receiving the written decision.
         1. If the employee does not carry the grievance forward within fifteen (15) workdays, the grievance procedure shall be terminated and the grievance disposed of in accordance with the last written decision.
            1. For purposes of this procedure, the term “workdays” refers to Monday through Friday.
      4. Any party involved in the grievance proceeding may request an extension of any deadline set forth in the policy. The institution shall establish procedures for consideration of extension requests.
      5. Once a grievance is initiated, the grievant may not later present the same grievance again in an attempt to gain a more favorable outcome.
   2. Testimony, Witnesses and Representation
      1. At every step, the employee may testify and present witnesses and materials in support of their position.
         1. The testimony of an employee, given either on his/her own behalf or as a witness for another employee, will not subject an employee to retaliatory action.
      2. At every step, the employee may be accompanied by a representative as defined by the institution, which may also specify the parameters of participation by the representative during the hearing process.
         1. At the discretion of the panel chair, additional employees from the unit may be allowed to attend the employee panel hearing conducted as the final step.
   3. Steps of Review
      1. Step 1-- Supervisor or Administrator Instituting Employment Action:
         1. Within fifteen (15) workdays after the employee receives notice or becomes aware of the action which is the basis for the grievance, the employee completes a Grievance Form (which may be obtained from Human Resources), submits it to Human Resources and provides a copy to their supervisor or the administrator instituting employment action. While a particular form is not required to file a grievance, the employee must make it clear that she/he intends to utilize the grievance procedures for resolution of the employment action.
         2. Within fifteen (15) workdays after receipt of the grievance, the supervisor or administrator initiating the employment action and the employee meet and discuss the grievance in a face-to-face meeting.
         3. If the supervisor or administrator was not the one who recommended the original employment action, the supervisor or administrator will make a recommendation to the administrator who made the original employment action.
         4. Any changes from the original employment action must be approved by the President, before being communicated to the employee.
         5. Within fifteen (15) workdays after the face-to-face meeting, the supervisor or administrator must communicate the decision in writing to the grievant with specific reasons stated for the decision.
         6. If the supervisor or administrator fails to respond or if the decision is not satisfactory to the employee, the employee may carry the grievance forward to Step 2.
      2. Step 2--Next Higher Level of Management:
         1. Within fifteen (15) workdays after receiving the written decision at Step 1, if the employee is not satisfied with the result of Step 1, the employee must notify Human Resources that they want further review.
            1. Human Resources schedules a face-to-face meeting to occur within fifteen (15) workdays after receiving notice that the employee wants further review of the next level administrator.
         2. Within fifteen (15) workdays after the face-to-face meeting, the next level administrator issues a written decision that includes specific reasons for the decision.
         3. Any changes from the original employment action must be approved by the President before being communicated to the employee.
      3. Step 3--Hearing:
         1. Within fifteen (15) workdays after receiving the written decision at Step 2, the employee can request a grievance hearing before a panel of employees.
         2. The employee must notify Human Resources in writing whether they want a hearing before an employee panel.
         3. Alternatively, the employee may request a hearing under TBR Policy No. 1:06:00:05 (Cases Subject to UAPA), if applicable.
         4. If the employee requests a hearing before an employee panel, Human Resources or the appropriate institutional person as defined by the institution policy selects the panel members, convenes the hearing and arranges for the grievance to be heard.
         5. The employee grievance panel may include non-exempt staff employees, exempt staff employees, or a combination of both exempt and non-exempt employees.
         6. The panel members representing the unit where the employee works may not serve on the grievance panel.
         7. Every effort should be made to include minorities, i.e. ethnic minorities and women, in the composition of the committee.
         8. The grievance panel shall hear the grievance within fifteen (15) workdays, if practicable, after the date on which the employee submits a written request to Human Resources.
         9. The written recommendation of the institutional panel or commission is subject to review by the President, or in the case of grievances at the TBR System Office, the Chancellor.
      4. Step 4–Review by the President/Chancellor, as appropriate:
         1. The written recommendation of the grievance panel will be forwarded to the President, or Chancellor, as appropriate.
         2. Within fifteen (15) work days, if practicable, the President, or Chancellor, as appropriate, or a designee will notify the grievant of the final decision.
   4. Grievances which are processed through the grievance committee and upon which the President has made a decision are appealable to the Chancellor only where the grievance falls within the parameters set out in TBR Policy 1:02:11:00.
4. Non-Retaliation
   1. No employee shall retaliate or discriminate against another employee because of the latter employee’s filing of a grievance or complaint.
   2. In addition, no employee shall coerce another employee or interfere with the action of another employee in the latter employee’s attempt to file a grievance or complaint.
   3. Administrative, academic and supervisory personnel should also be informed that they are responsible for ensuring that the employee is free from retaliation, coercion and/or discrimination arising from the employee’s filing of or intent to file a grievance or complaint.
5. Responsibility for Implementation
   1. The President/Chancellor, as appropriate, or designee has ultimate responsibility for implementation of the grievance and complaint procedures.
   2. Administrative, academic, and supervisory personnel are responsible for insuring that they inform and make available to all employees information concerning their right to file a grievance or complaint and their right to be protected from retaliation.
6. Maintenance of Records
   1. Copies of written grievances and complaints, and accompanying responses and documentation should be maintained at a specified location(s) at the institution for at least two years after the date of the employment decision.
   2. If a finding adverse to the grievant/complainant is made, the finding shall be maintained in the grievant/complainant’s personnel file.
   3. The Board of Regents shall provide an annual report summarizing grievance activities of the previous year to the Tennessee Legislative Education Oversight Committee.
   4. Each institution shall include information regarding the grievance procedure in employee orientations. 

1. Application of Guideline
   1. This Guideline applies to employees of an institution and has been developed to assist in drafting procedures for addressing grievances and complaints filed.
      1. There shall be two types of procedures, which each institution shall address through policies developed pursuant to this Guideline.
      2. The two types are:
         1. Grievances, which are subject to committee review; and
         2. Complaints, which must be resolved without committee review.
      3. Standard grievance forms shall be made available to employees at each work site, but no grievance may be denied because a standard form has not been used.
   2. The following is a minimum which must be incorporated in the institutional grievance and complaint procedures. The procedures may vary from institution to institution, but may not establish any right to a hearing except as set out herein.
   3. This Guideline has no application to a termination procedure initiated against a tenured faculty member under TBR policy No. 5:02:03:70 Section V.I.2.
      1. This Guideline is not to be used for support staff employees who are demoted, suspended without pay, or terminated.
      2. In accordance with T.C.A. § 49-8-117, Support Staff Grievance Procedure, support staff employees who are demoted, suspended without pay, or terminated must follow the grievance process contained in Guideline P-111.
         1. Support staff employees who wish to challenge other employment actions not covered by P-111, however, may utilize the procedures set forth in the guideline, as applicable.
         2. If the grievance involves or is based on unlawful discrimination or unlawful harassment, the process set out in Guideline P-080 must be utilized; however if the President’s/Chancellor’s, as appropriate, decision includes demotion, suspension without pay, or termination, the employee so disciplined may use this procedure or the procedure described in TBR policy 1:06:00:05.
   4. An employee may choose to utilize the procedure for review by the grievance committee established pursuant to this Guideline in actions relating to the suspension of employees for cause or termination in violation of an employment contract which fall under TBR Policy No. 1:06:00:05 (Cases Subject to UAPA), or TBR Policy No. 5:02:03:70 Section V.I.b.(2) (suspension of tenured faculty) or TBR Policy No. 5:02:03:10 Section III (O)(2) (suspension of tenured faculty at TCATs).
   5. The institution may choose to utilize the procedure for review by the grievance committee (established pursuant to this Guideline) when resolving a complaint initiated pursuant to TBR Policy No. 5:02:02:10 (Faculty Promotion at TCATs),or 5:02:02:30 (Faculty Promotion at Community Colleges).
2. Complaint Procedure
   1. The complaint procedure should state a time limit within which a complaint must be presented after the date the employee received notice or becomes aware of the action which forms the basis of the complaint.
      1. If the complaint arises from a repeated or continuing occurrence, the time limit begins from the date of the last such occurrence.
      2. Any complaint not presented within the time limit is waived and shall not be considered.
      3. Once a final determination is made, the employee may not later present the same complaint in an attempt to gain a more favorable outcome.
   2. The institution policy shall indicate with whom a complaint is to be filed. It should also indicate that a complaint must be submitted in writing.
   3. Resolution of complaints at a minimum requires the institution to:
      1. Allow the employee to present facts and/or materials;
      2. Investigate the dispute; and
      3. Attempt to find a solution.
         1. The President or designee shall be the final decision maker.
         2. Complaints do not include a right to any type of hearing, adversarial proceeding, nor the right to appeal to the Chancellor.
3. Grievance Procedure
   1. Procedure
      1. A grievance must be initiated within fifteen (15) workdays after the employee receives notice or becomes aware of the action which is the basis for the grievance.
      2. The administrator considering the grievance at each step shall issue a written decision with specific reasons stated for the decision.
      3. If the employee is not satisfied with the decision at any step, they must carry the grievance forward to the next step within fifteen (15) workdays after receiving the written decision.
         1. If the employee does not carry the grievance forward within fifteen (15) workdays, the grievance procedure shall be terminated and the grievance disposed of in accordance with the last written decision.
            1. For purposes of this procedure, the term “workdays” refers to Monday through Friday.
      4. Any party involved in the grievance proceeding may request an extension of any deadline set forth in the policy. The institution shall establish procedures for consideration of extension requests.
      5. Once a grievance is initiated, the grievant may not later present the same grievance again in an attempt to gain a more favorable outcome.
   2. Testimony, Witnesses and Representation
      1. At every step, the employee may testify and present witnesses and materials in support of their position.
         1. The testimony of an employee, given either on their own behalf or as a witness for another employee, will not subject an employee to retaliatory action.
      2. At every step, the employee may be accompanied by a representative as defined by the institution which may also specify the parameters of participation by the representative during the hearing process.
         1. a. At the discretion of the panel chair, additional employees from the unit may be allowed to attend the employee panel hearing conducted as the final step.
   3. Steps of Review
      1. Step 1-- Supervisor or Administrator Instituting Employment Action:
         1. Within fifteen (15) workdays after the employee receives notice or becomes aware of the action which is the basis for the grievance, the employee completes a Grievance Form (which may be obtained from Human Resources), submits it to Human Resources and provides a copy to their supervisor or the administrator instituting employment action. While a particular form is not required to file a grievance, the employee must make it clear that they intend to utilize the grievance procedures for resolution of the employment action.
         2. Within fifteen (15) workdays after receipt of the grievance, the supervisor or administrator initiating employment action and the employee meet and discuss the grievance in a face-to-face meeting.
         3. If the supervisor or administrator was not the one who recommended the original employment action, or is recommending a change from the original employment action, the supervisor or administrator will make a recommendation to the administrator who made the original employment action.
         4. Any changes from the original employment action must be approved by the President or, before being communicated to the employee.
         5. Within fifteen (15) workdays after the face-to-face meeting, the supervisor or administrator must communicate the decision in writing to the grievant with specific reasons stated for the decision.
         6. If the supervisor or administrator fails to respond or if the decision is not satisfactory to the employee, the employee may carry the grievance forward to Step 2.
      2. Step 2--Next Higher Level of Management:
         1. Within fifteen (15) workdays after receiving the written decision at Step 1, if the employee is not satisfied with the result of Step 1, the employee must notify Human Resources that they want further review.
            1. Human Resources schedules a face-to-face meeting to occur within fifteen (15) workdays after receiving notice that the employee wants further review of the next level administrator.
         2. Within fifteen (15) workdays after the face-to-face meeting, the next level administrator issues a written decision that includes specific reasons for the decision.
         3. Any changes from the original employment action must be approved by the President or Director, as appropriate, before being communicated to the employee.
      3. Step 3--Hearing:
         1. Within fifteen (15) workdays after receiving the written decision at Step 2, the employee can request a grievance hearing before a panel of employees.
         2. The employee must notify Human Resources in writing whether they want a hearing before an employee panel.
         3. Alternatively, the employee may request a hearing under TBR Policy No. 1:06:00:05 (Cases Subject to UAPA), if applicable.
         4. If the employee requests a hearing before an employee panel, Human Resources or the appropriate institutional person as defined by the institution policy selects the panel members, convenes the hearing and arranges for the grievance to be heard.
         5. The employee grievance panel may include non-exempt staff employees, exempt staff employees, or a combination of both exempt and non-exempt employees.
         6. The panel members representing the unit where the employee works may not serve on the grievance panel.
         7. Every effort should be made to include minorities, i.e. ethnic minorities and women, in the composition of the committee.
         8. The grievance panel shall hear the grievance within fifteen (15) workdays, if practicable, after the date on which the employee submits a written request to Human Resources.
         9. The written recommendation of the institutional panel or commission is subject to review by the President, or in the case of grievances at the TBR System Office, the Chancellor.
      4. Step 4–Review by the President/Chancellor, as appropriate:
         1. The written recommendation of the grievance panel will be forwarded to the President, or Chancellor, as appropriate.
         2. Within fifteen (15) work days, if practicable, the President, or Chancellor, as appropriate, or a designee will notify the grievant of the final decision.
   4. Grievances which are processed through the grievance committee and upon which the President has made a decision are appealable to the Chancellor only where the grievance falls within the parameters set out in TBR Policy 1:02:11:00.
4. Non-Retaliation
   1. No employee shall retaliate or discriminate against another employee because of the latter employee’s filing of a grievance or complaint.
   2. In addition, no employee shall coerce another employee or interfere with the action of another employee in the latter employee’s attempt to file a grievance or complaint.
   3. Administrative, academic and supervisory personnel should also be informed that they are responsible for ensuring that the employee is free from retaliation, coercion and/or discrimination arising from the employee’s filing of or intent to file a grievance or complaint.
5. Responsibility for Implementation
   1. The President/Chancellor, as appropriate or designee of the institution has ultimate responsibility for implementation of the grievance and complaint procedures.
   2. Administrative, academic, and supervisory personnel are responsible for insuring that they inform and make available to all employees information concerning their right to file a grievance or complaint and their right to be protected from retaliation.
6. Maintenance of Records
   1. Copies of written grievances and complaints, and accompanying responses and documentation should be maintained at a specified location(s) at the institution for at least two years after the date of the employment decision.
   2. If a finding adverse to the grievant/complainant is made, the finding shall be maintained in the grievant/complainant’s personnel file. 

1. Minimum Qualifications for Employment
   1. Any person employed as a campus police officer, public safety officer, or campus security officer, as those terms are defined in Tennessee Board of Regents Policy No. 5:01:07:00 shall meet the following minimum qualifications:
      1. At least eighteen years of age;
      2. A citizen of the United States;
      3. A high school graduate or possess equivalency;
      4. Not have been convicted of or pleaded guilty to or entered a plea of nolo contendere to any felony charge or to any violation of any federal or state laws or city ordinances relating to force, violence, theft, dishonesty, gambling, liquor or controlled substances, and not have been released or discharged under any other than honorable discharge from any of the armed forces of the United States;
      5. Have their fingerprints on file with the Tennessee Bureau of Investigation;
      6. Have passed a physical examination by a licensed physician;
      7. Have a good moral character as determined by a thorough investigation conducted by the employing institution; and
      8. Be free of all apparent mental disorders as described in the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (DSM-IV-TR) of the American Psychiatric Association. Applicants must be certified as meeting these criteria by a qualified professional in the psychiatric or psychological fields.
   2. In addition to the mandatory minimum qualifications outlined in sections (1) – (8) above, any person employed as a campus police officer or public safety officer must meet all the other minimum certification requirements of the Tennessee Peace Officers Standards and Training Commission (the Commission).
2. Commissioning of Law Enforcement Officers
   1. Each individual hired as a campus police officer or public safety officer must receive certification from the Commission within the time limits required by T.C.A. § 38-8-101 et seq. pertaining to the Employment and Training of Police Officers and the rules and/or regulations promulgated pursuant to that statute in order to be commissioned by the institution.
   2. Any individual hired as a campus police officer or public safety officer shall remain on probationary status for six (6) months or until certification is received by the Commission, whichever is longer.
   3. Each campus police officer or public safety officer is required to fulfill in-service training requirements in accordance with the Official Rules and Regulations of the Tennessee Peace Officer's Standards and Training Commission, Chapter 1110-4-.01, et seq.
   4. Any campus police officer or public safety officer whose certification is denied, suspended or revoked by the Commission may be reassigned to duties for which certification is not required, such as the duties of a non-commissioned campus security officer pending that officer's appeal to the Commission of the denial, suspension or revocation.
      1. The decision of the Commission in those matters, or subsequent appellate decisions as provided in the Official Rules and Regulations of the Tennessee Peace Officer's Standards and Training Commission, Chapter 1110-2-.04 if pursued, shall be determinative of the individual's qualification to be commissioned by the institution.
3. Compliance with Rules and Regulations
   1. Each institution or school and campus police officer or public safety officer must comply with the requirements of the Commission pertaining to all phases of the hiring and certification of law enforcement officers as found in the rules and regulations promulgated for the Tennessee Peace Officer Standards and Training Commission published in the Official Rules and Regulations of the Commission, Chapter 1110 of the Tennessee Secretary of State’s Administrative Compilation.
   2. Failure to maintain certification shall be grounds for immediate termination as a commissioned campus police officer or public safety officer.

1. General Statement
   1. State nepotism law is designed to prevent occurrences whereby relatives who are employees of the State are in a direct supervisory line with respect to each other. In order to guard against these practices the State prohibits governmental employees who are relatives from being placed within the same line of supervision where one relative is responsible for supervising the job performance or work activity of another relative.
   2. The provisions of this guideline are not to be construed to limit the hiring, promotion, or employment opportunities of any particular group of applicants.
2. Application
   1. Tennessee Board of Regents policy on nepotism shall be applied as follows:
      1. The nepotism policy applies to any person who is employed as a full, part-time, student or temporary employee by a Tennessee Board of Regents institution.
      2. The nepotism policy does not apply to individuals hired prior to July 1, 1980, and shall not be retroactively applied; however, change in the status of employees hired prior to 1980 shall be governed by this policy.
      3. The employment of relatives is permitted; however, no employee shall participate in the process of review, recommendation and/or decision making in any matter concerning hiring, opportunity, promotion, salary, retention, or termination of a relative as herein defined.
         1. Pursuant to this provision, a relative may serve an administrative function within the same institution, college or unit so long as the duties do not require or include participation in the process of review, recommendation and/or decision making in any matter concerning hiring, opportunity, activities, promotion, salary, retention or termination of a relative as defined by T.C.A. § 8-31-102.
         2. An administrator shall not make employment decisions and/or recommendations which impact a relative individually; however, the policy does not prohibit an administrator who does not otherwise violate the nepotism policy, from making recommendations that pertain to all faculty and/or staff members at an institution while they have a relative who is a faculty or staff member.
      4. The nepotism policy shall not be used or considered in the granting of tenure.
3. Hiring
   1. In searching for qualified candidates for a new or vacated position persons responsible for recruitment shall evaluate each individual on their merits without consideration of their relationship to another employee.
   2. Prior to hiring any individual, the department wishing to hire the individual must conduct an analysis to assure compliance with state law.
4. Remedies
   1. The institution may remedy any violation of this policy by voluntary transfer, or if an agreement cannot be reached, by involuntary transfer, from a unit or position, or by termination when appropriate.

1. Introduction
   1. For purposes of this Guideline, Prohibited Conduct means unlawful discrimination, sexual harassment, discriminatory harassment, or retaliation.  Prohibited Conduct will not be tolerated.
   2. Fair and prompt consideration shall be given to all complaints in accordance with the procedures set forth.
      1. These procedures may be utilized by any employee, applicant for employment or student who believes they have been subjected to Prohibited Conduct, except that certain complaints meeting the definition of sexual misconduct and the criteria for filing a formal complaint must be handled in accordance with Board Policy 6.03.00.00, Sexual Misconduct.
      2. Former employees or students may file complaints of Prohibited Conduct which took place during the time of employment or enrollment provided the complaint is timely filed pursuant to Section V.B of this Guideline, and the conduct has a reasonable connection to the institution.
      3. These procedures are not intended, and will not be used, to infringe on expression protected by the First Amendment, the Tennessee Campus Free Speech Protection Act, or Board Policy 1.03.02.60, Freedom of Speech and Expression, even though such expression may be offensive, unwise, immoral, indecent, disagreeable, conservative, liberal, traditional, radical, or wrong-headed, or any other rights provided by the Tennessee or United States Constitutions.
   3. All employees, including faculty members, are to be knowledgeable of policies and guidelines concerning Prohibited Conduct.
      1. Using the procedures outlined in Section V below, supervisory employees must promptly report to the appropriate institutional contact any complaint or conduct which might constitute Prohibited Conduct whether the information concerning a complaint is received formally or informally. Failure to do so may result in disciplinary action up to and including termination.
      2. Other employees and students are encouraged to report such conduct to the appropriate institutional contact.
   4. All faculty members, students and staff are subject to this Guideline.
      1. Any faculty member, student or staff found to have engaged in Prohibited Conduct will be subject to disciplinary action, which may include dismissal, expulsion or termination, or other appropriate sanction.
      2. TBR institutions will not tolerate Prohibited Conduct directed at employees or students by vendors, visitors, or other third parties.  The manner in which an institution responds to a report will depend on the circumstances involved, including the institution’s ability to investigate, and if necessary, implement corrective action.
   5. All faculty and staff members are required to cooperate with investigations of Prohibited Conduct.
      1. Failure to cooperate may result in disciplinary action up to and including termination.
      2. Students are also required to cooperate with these investigations; failure to do so may result in disciplinary action.
   6. Institutions must take measures to periodically educate and train employees on preventing and reporting Prohibited Conduct.
      1. All employees, including faculty members, are expected to participate in such education and training.
      2. All faculty members, students and staff are encouraged to take reasonable and necessary action to prevent and discourage all types of discrimination and harassment.
2. General Statement
   1. The System Office and all of the institutions within the Tennessee Board of Regents System shall fully comply with the applicable provisions of federal and state civil rights laws, including but not limited to;
      1. Executive Order 11246;
      2. The Rehabilitation Act of 1973;
      3. The Americans with Disabilities Act of 1990;
      4. The Vietnam Era Veterans Readjustment Act of 1974;
      5. The Equal Pay Act of 1963;
      6. Titles VI and VII of the Civil Rights Act of 1964;
      7. Title IX of the Educational Amendments of 1972;
      8. The Age Discrimination in Employment Act of 1967;
      9. The Age Discrimination Act of 1975;
      10. The Pregnancy Discrimination Act;
      11. The Genetic Information Nondiscrimination Act of 2008;
      12. Regulations promulgated pursuant thereto; and
      13. The Tennessee Human Rights Act.
   2. The Board of Regents promotes 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.
   3. Institutions and the System Office will not tolerate discrimination 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, or genetic information, nor will they tolerate harassment on the basis of these protected categories or any other category protected by federal or state civil rights law.
   4. Similarly, institutions shall not subject any student to discrimination or harassment under any education program or activity, and no student shall be discriminatorily excluded from participation nor denied the benefits of any education program or activity 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, or any other category protected by federal or state civil rights law.
3. Types of Prohibited Conduct
   1. Discrimination - Discrimination may occur by:
      1. Treating individuals less favorably because of 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, or any other category protected by federal or state civil rights law; or,
      2. Having a policy or practice that has a disproportionately adverse impact on protected class members.
   2. Sexual Harassment and Other Discriminatory Harassment
      1. General
         1. Not every act that might be offensive to an individual or a group will be considered harassment. Whether the alleged conduct constitutes sexual or discriminatory harassment depends upon the record as a whole and the totality of the circumstances, such as the nature of the conduct in the context within which the alleged incident occurs. Harassment does not include verbal expressions or written material that is relevant and appropriately related to course subject matter or curriculum. Depending on the severity of the conduct, a single incident may be considered sexual or other discriminatory harassment.
         2. Not every action or utterance that may be perceived as offensive will constitute Prohibited Conduct.  In addition, institutions may take corrective or educational action, even if an investigation does not support an allegation of Prohibited Conduct, or in the event that conduct violates another policy, appropriate disciplinary action in accordance with that policy.
         3. Rude, inappropriate, or offensive behavior by employees that it is not based on sex or other characteristics protected by state or federal law should be addressed by the appropriate supervisor or through administrative channels in accordance with other applicable policies.
      2. Sexual Harassment
         1. With respect to conduct directed at another employee, sexual harassment means unwelcome sexual advances, request for sexual favor, and other verbal or physical conduct of a sexual nature, which includes conduct based on gender, pregnancy when:
            1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
            2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting that individual; or
            3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, abusive, or offensive work environment.
         2. With respect to conduct directed at a student by an employee, sexual harassment means unwelcome conduct of a sexual nature determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to the institution’s education program or activity.
         3. With respect to student-on-student harassment and disciplining students for their speech, expression, or assemblies, an institution will not impose disciplinary action, except for unwelcome conduct directed toward a person that is discriminatory on a basis prohibited by federal, state, or local law, and that is so severe, pervasive, and objectively offensive that it effectively bars the victim’s access to an education opportunity or benefit.
         4. Examples of sexual harassment – Sexual harassment is not limited to personal interactions, but can occur via telephone, texting, social media, the internet, and other methods of communication. Examples of sexual harassment include, but are not limited to, the following;
            1. Refusing to hire, promote, or grant or deny certain privileges because of acceptance or rejection of sexual advances;
            2. Promising a work-related benefit or a grade in return for sexual favors;
            3. Suggestive or inappropriate communications, email, texts, notes, letters, or other written or electronic materials displaying objects or pictures which are sexual in nature that would create hostile or offensive work or living environments;
            4. Sexual innuendoes, comments, and remarks about a person’s clothing, body or activities;
            5. Suggestive or insulting sounds;
            6. Whistling in a suggestive manner;
            7. Humor and jokes about sex that denigrate men or women;
            8. Sexual propositions, invitations, or pressure for sexual activity;
            9. Use in the classroom of sexual jokes, stories, remarks or images in no way or only marginally relevant to the subject matter of the class;
            10. Implied or overt sexual threats;
            11. Suggestive or obscene gestures;
            12. Patting, pinching, hugging, and other inappropriate touching;
            13. Unnecessary touching or brushing against the body;
            14.  Attempted or actual kissing or fondling;
            15. Repeated requests for dates after refusal;
            16. Sexual violence; including rape, sexual assault, sexual battery, dating violence, domestic violence, and sexual coercion; 
            17. Suggestive or inappropriate acts, such as comments, innuendoes, or physical contact based on one’s actual or perceived sexual orientation, gender identity/expression; and
            18. Institutional policies may delineate additional examples.
         5. Incidents of sexual violence may constitute criminal acts and as such, investigation and processing by the criminal justice system, local police, campus security and crisis intervention centers may occur in addition to the processes developed by the Sexual Misconduct Policy and this Guideline. Complainants must be notified of the right to file a criminal complaint.
   3. Other Discriminatory Harassment
      1. With respect to conduct directed at an employee, other discriminatory harassment means unwelcome conduct based on race, color, religion, national origin, age, disability, genetic information, veteran status, and any other category protected by federal or state law that has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, abusive, or offensive work environment.
      2. With respect to conduct directed toward a student by an employee, other discriminatory harassment means unwelcome conduct based on race, color, religion, national origin, age, disability, genetic information, veteran status, and any other category protected by federal or state law that has the purpose or effect of unreasonably interfering with an individual’s educational performance or creates an intimidating, hostile, or offensive educational environment.
      3. Examples of conduct that may constitute discriminatory harassment include, but are not limited to verbal or physical conduct relating to an employee’s national origin, race, surname, skin color or accent, offensive or derogatory jokes based on a protected category, racial or ethnic slurs, unwelcome comments about a person’s religion or religious garments, offensive graffiti, cartoons or pictures, or offensive remarks about a person’s age.
   4. Retaliation
      1. “Retaliation” means to intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by this Guideline, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing. Retaliation is a violation of this policy regardless of whether the underlying alleged violation is ultimately found to have merit.
      2. The exercise of rights protected under the First Amendment does not constitute retaliation.
      3. Charging an individual with a policy or guideline violation for making a materially false statement in bad faith in the course of a proceeding under this Guideline does not constitute retaliation.
4. Consensual Relationships
   1. Intimate, romantic, and dating relationships between supervisors and their subordinates and between faculty members and students are strongly discouraged due to the inherent inequality of power in such situations and for other reasons. 
      1. These relationships can lead to undue favoritism or the perception of undue favoritism, abuse of power, compromised judgment or impaired objectivity.
      2. Engaging in a consensual relationship with a student over whom the faculty member has either grading, supervisory, or other authority is prohibited.
      3. The faculty member must take steps to remove the conflict by assigning a different supervisor to the student, resigning from the student’s academic committees, or by terminating the personal relationship at least while the student is in their class.
      4. Likewise, it is prohibited for a supervisor to engage in a consensual relationship with a subordinate over whom they have evaluative or supervisory authority.
         1. The supervisor must take action to resolve the conflict by, for example, assigning another individual to supervise and/or evaluate the subordinate or by terminating the personal relationship.
         2. In circumstances where a consensual relationship is permitted, regardless of whether it involves physical intimacy, both parties should ensure that their respective actions and attentions are welcomed by the other party.
5. Procedures
   1. General
      1. The following procedures are intended to protect the rights of the person who is alleged to be the victim of conduct that could violate this Guideline ("the Complainant") as well as the person who has been alleged to be a perpetrator of conduct that could violate this Guideline ("the Respondent"), as required by state and federal laws. Each complaint must be properly and promptly investigated absent unusual circumstances, such as the inability to conduct an investigation. When warranted, appropriate corrective and/or disciplinary action will be taken.
      2. The Office of General Counsel shall be consulted prior to an investigation.
      3. In situations that require immediate action because of safety or other concerns, the institution may take any administrative action, which is appropriate, e.g., administrative leave with pay pending the outcome of the investigation for employees and interim suspension in accordance with applicable policy, for students. Legal Counsel shall be contacted before any immediate action is taken.
      4. Institutional policies, procedures, and guidelines shall inform employees, applicants for employment and students of the name, address, email address, and telephone number of the designated EEO/AA, Student Affairs, Title VI and Title IX officer(s) responsible for assuring compliance with this Guideline, Board policies, and federal law.
   2. Filing Complaints
      1. Any current or former student, applicant for employment, or current or former employee who believes they have been subjected to Prohibited Conduct  shall present the complaint to the designated EEO/AA, Student Affairs, Title VI or Title IX Coordinator/officer responsible for compliance with this Guideline. Any employee required or encouraged to make such a report should use the same reporting procedure.
      2. Complaints under Title VI must be brought within 180 days of the last incident of discrimination or harassment pursuant to Guideline G-125. Complaints must be brought within 365 days of the most recent incident of discrimination or harassment.
         1. Complaints brought after that time period will not be pursued absent unusual circumstances.
         2. Whether the complaint was timely or whether unusual circumstances exist to extend the complaint period must be made after consultation with Legal Counsel.
      3. Complainants are encouraged to provide the complaint in writing. The complaint should include the circumstances giving rise to the complaint, the name of the Respondent, the dates of the alleged occurrences, and names of witnesses, if any. 
         1. The complaint should be signed by the Complainant.
         2. When the Complainant chooses not to provide or sign a written complaint, or when a complaint is made anonymously or by a third party, the institution is responsible for conducting an appropriate investigation and taking appropriate corrective action.
      4. Complaints or reports received by the System Office will be directed to the institution’s Title IX Coordinator (for complaints involving sex discrimination) or EEO/AA Officer (for other allegations of Prohibited Conduct), unless the matter should be investigated by System Office personnel or an outside investigator- in accordance with Section V of this Guideline.
      5. If the allegations, even if proved, would not violate this Guideline, the Investigator may dismiss the complaint without further investigation after consultation with Legal Counsel.
         1. The Complainant should be informed of other available processes such as the employee grievance/complaint process, or a student non-academic complaint process.
         2. Any such dismissal shall be in writing, conveyed to the Complainant and Respondent, and retained in accordance with record retention obligations.
   3. Investigation
      1. Legal Counsel shall be notified of the complaint, whether written or verbal, as soon as possible in order to provide legal advice.
      2. If a person wishes to make a complaint or report of Prohibited Conduct against a high level administrator (such as a Vice President, the EEO/AA Officer, Student Affairs Officer, Title VI or Title IX Coordinator/Officer) or someone who is reasonably believed to have a conflict of interest or bias, or if a person is otherwise uncomfortable using the reporting procedures in this Guideline, a complaint or report may be directed to the President, Chancellor, TBR System Office Title IX Coordinator (for complaints involving sex discrimination), or TBR System Office EEO/AA Officer (for other allegations of Prohibited Conduct), who should consult the Office of General Counsel. An appropriate person will be appointed to investigate the matter.  Complainants are encouraged submit a signed, written complaint and to include the circumstances giving rise to the complaint, the name of the Respondent, the dates of the alleged occurrences, and the names of witnesses, if any. When a Complainant makes an allegation of Prohibited Conduct against the President, the recipient of the report shall notify the Office of General Counsel. An appropriate person will be appointed to investigate and report to the Chancellor.
      3. Any investigation and/or disciplinary action against a student shall be consistent with the institution’s student conduct and disciplinary procedures policy, and in the event of a conflict between that policy and this guideline, that policy shall govern.
      4. When a student is involved as the Complainant, the Respondent, or an individual interviewed, documentation shall be subject to the provisions and protections of the Family Educational Rights and Privacy Act (FERPA), T.C.A. § 10-7-504(a)(4), and other applicable law. Certain records may be subject to disclosure pursuant to a public records request or otherwise.
      5. Investigation of complaints against employees of a Tennessee College of Applied Technology (TCAT) shall be initiated by the Chancellor or designee, which may include the President.
         1. In certain circumstances, an investigator from another institution or System Office may conduct the investigation.
         2. TCAT Presidents are responsible for notifying the Office of General Counsel whenever a verbal or written complaint of Prohibited Conduct is made.
      6. The Investigator shall conduct an investigation of the complaint that is appropriate under the circumstances.
         1. An investigation shall include interviews with both the Complainant and the Respondent, unless either declines to be interviewed. Follow-up interviews may be conducted. The Complainant and Respondent are encouraged to provide, as soon as possible, information they want the Investigator to consider.
         2. The investigation shall also include review of documents, other information, and interviews with relevant witnesses, including those named by the Complainant and Respondent, as well as those otherwise identified by the Investigator.
         3. The purpose of the investigation is to determine whether there has been a violation of the applicable policies and this Guideline.  Determinations will be based on whether a preponderance of the evidence establishes a policy or Guideline violation. The burden of obtaining evidence and (if supported by the evidence) establishing a violation shall be on the institution.
      7. It is the responsibility of the investigator to weigh credibility and to determine the weight to be given information received during the course of the investigation. To the extent possible, the investigation will be conducted in such a manner to protect the confidentiality of both parties.
         1. In the case of a complaint or report involving Prohibited Conduct, if the Complainant wishes to maintain confidentiality or requests that no investigation be conducted, or no disciplinary action be taken, the institution will weigh that request against the institution’s obligation to provide a non-discriminatory environment for the Complainant, as well as other students and employees, and other applicable policies.  A decision to honor a request for confidentiality or not to investigate a matter must be confirmed in writing with the Complainant, approved by the President, and maintained by the institution. The Office of General Counsel must be consulted before such a decision is made.
         2. The Complainant, Respondent and all individuals interviewed shall be informed that the institution has an obligation to address alleged harassment and that, in order to conduct an effective investigation, complete confidentiality cannot be guaranteed.
         3. Information may need to be revealed to the Respondent and to potential witnesses.
         4. Information about the complaint should be shared only with those who have a need to know about it.
         5. The Complainant and Respondent shall also be informed that a request to inspect documents made pursuant to the Public Records Act may result in certain documents being released unless made confidential pursuant to FERPA or other law.
         6. A Complainant may be informed that if they want to speak privately and in confidence about discrimination or harassment, they may wish to consult with a social worker, counselor, therapist or member of the clergy who is permitted, by law, to assure greater confidentiality. Confidentiality and available resources are discussed in institutional Sexual Misconduct policies.
         7. The Complainant shall be informed that when the institution receives notice of alleged retaliation, it will take immediate and appropriate steps to investigate and will take corrective action if it determines that retaliation occurred.
         8. Retaliation is prohibited and should be reported to the Investigator immediately.
         9. Allegations of retaliation must also be investigated pursuant to the procedure set out in this Guideline.
      8. The Investigator shall notify in writing the Respondent within five (5) working days of receipt of a written complaint or the decision to initiate an investigation.
         1. The Respondent may respond in writing to the complaint within five (5) working days following the date of receipt of the Investigator’s notification.
      9. If either the Complainant or the Respondent is a student, the Investigator should communicate that the institution will comply with FERPA and only disclose information as required by FERPA and other applicable law.
      10. The Complainant, the Respondent and all individuals interviewed shall be notified that any retaliation engaged against someone because they filed a complaint or participated in an investigation is strictly prohibited, regardless of the outcome of the investigation and may, in itself, be grounds for disciplinary action.
      11. At any time prior to completion of the investigation report, the Investigator may meet with both the Complainant and the Respondent individually for the purpose of attempting to resolve the complaint informally.
          1. Either party has the right to end informal processes at any time.
          2. If informal resolution is successful in resolving the complaint, a report of such, having first been reviewed by Legal Counsel, shall be submitted to the President.
      12. Unless there is an informal resolution, the Investigator shall draft a report summarizing the investigation, which shall be sent to the Office of General Counsel for legal review.
          1. Each report shall outline the basis of the complaint, including the dates of the alleged occurrences, the response of the Respondent, the findings of the Investigator, whether there were any attempts made to resolve the complaint informally, and recommendations regarding disposition of the complaint.
          2. After receiving advice from the Office of General Counsel, the report shall be submitted to the President within sixty (60) calendar days following receipt of the complaint, absent cause for extending the investigation timeline. In situations where more time is needed to complete the investigation, for reasons such as difficulty in locating a necessary witness, or complexity of the complaint, additional time may be taken, but only following notice to Legal Counsel and written notice to both the Complainant and the Respondent.
          3. Working papers, investigator notes, witness statements, etc. generated in the investigation generally should not be attached to the report. Relevant exhibits such as emails, photographs, and other documents that were not created as part of the investigation may be attached.
      13. If, after investigation, a preponderance of the evidence does not establish a violation of policy or this Guideline, it may be appropriate to discuss the complaint with the Complainant and/or Respondent so that they understand relevant policies and appropriate behavior standards.
          1. Any investigation and subsequent discussion should be documented and retained.
          2. Conduct which does not rise to the level of a policy violation may, nevertheless, provide a basis for disciplinary action.
      14. The President shall review the Investigator’s report and make a written determination within a reasonable time as to whether a policy or Guideline violation has occurred and the appropriate resolution.
          1. After the President has made this determination, absent unusual circumstances and after consultation with Legal Counsel, the Complainant and the Respondent should receive a copy of the determination and the Investigator’s report.
      15. If the President finds that a preponderance of the evidence establishes that a violation of policy or this Guideline has occurred, the President must take appropriate corrective or remedial action.
          1. When it has been determined that an employee has violated policy or this Guideline, the employee is subject to disciplinary action, up to and including, termination of employment. A faculty member’s violation of this policy may constitute “adequate cause” for disciplinary action, including termination.
          2. Remedial action may include meeting with the Respondent and/or the Complainant and attempting to resolve the problem by agreement, e.g., through restorative justice.
          3. The institution will take steps designed to prevent the recurrence of Prohibited Conduct and to remedy effects on the Complainant and others, as appropriate.
          4. Copies of the determination (including any reconsideration and/or appeal), the Investigator’s report, the investigation file, the complaint (if it concerns an employee) and documentation of any disciplinary action, any remedies provided to the Complainant, should be placed in a file maintained by the institution.
          5. Copies of any documentation establishing disciplinary action shall also be maintained in the personnel or student record, as appropriate.
             1. Some documents involved in an investigation may be subject to the Public Records Act and thus open to public inspection.
             2. Other documents may be protected under FERPA, the attorney/client privilege, or attorney work product and would not be releasable.
             3. If a Public Records Act request is received, Legal Counsel must be consulted prior to the release of any documents.
      16. A complaint found to have been intentionally dishonest or maliciously made will subject the Complainant to appropriate disciplinary action.  A finding that the evidence does not establish a violation of policy or this Guideline, in and of itself, does not establish that a complaint was dishonest or malicious.
   4. Reconsideration of Decision
      1. Because TBR and TBR institutions are committed to a high quality resolution of every case, each institution (and the System Office as applicable), must afford the Complainant and Respondent an opportunity to request that the President reconsider a determination.
         1. The reconsideration process shall consist of an opportunity for the parties to provide information to the President’s attention that would change the decision.
         2. The reconsideration process will not be a de novo review of the decision, and the parties will not be allowed to present their cases in person to the President unless the President determines, in their sole discretion, to allow an in-person presentation.
      2.  The institution shall provide written notice of the reconsideration process to the parties at the time that the parties are advised of the outcome of the investigation.
      3. Either party may send a written request for reconsideration to the President within ten (10) working days, absent good cause, of receipt of the President’s determination.
         1. The party(ies) requesting reconsideration must explain why they believe the factual information was incomplete, the analysis of the facts was incorrect, the determination was affected by bias or a conflict of interest, procedural irregularity, and/or the appropriate policy standard was not applied, and how this would change the determination in the case.
         2. Failure to do so may result in a denial of the request.
      4. The President will issue a written response as promptly as possible. This decision will constitute the institution’s final decision with respect to President’s determination.
6. Other Applicable Procedures
   1. If the President’s determination includes disciplinary action, the procedures for implementing the decision shall be determined by the applicable policies relating to discipline (e.g., employee grievance/complaint procedure, student disciplinary policies, and academic affairs policies).
   2. The System Office shall comply with the rules and processes of the Tennessee Human Rights Commission (THRC) regarding complaints and investigations covered by Title VI.
7. Other Available Complaint Procedures
   1.  An aggrieved individual may also have the ability to file complaints with external agencies such as the Equal Employment Opportunity Commission (EEOC), the Tennessee Human Rights Commission (THRC), the Office for Civil Rights (OCR), and the courts. Deadlines for filing with external agencies or courts may be shorter than the deadline established for filing a complaint under this Guideline. 

1. Intent
   1. The intent of the program is to be supportive of temporary assignments for employees placed on light or sedentary light duty restrictions by their Authorized Treating Physician during recovery. This guideline does not address the procedure for assessing requirements for reasonable accommodation under the Americans with Disabilities Act (ADA) or eligibility for leave under the Family Medical Leave Act (FMLA) or Tennessee Family Leave Act (TFLA).
2. Applicability
   1. The guideline shall apply to employees who are on leave as a result of work related injuries or illnesses and who are receiving workers’ compensation benefits and who are restricted in the performance of their duties due to compensable work-related injuries.
   2. The Tennessee Board of Regents does not guarantee placement and is under no obligation to offer, create, or encumber any specific position for purposes of offering placement.
      1. In the event an employee refuses a Modified/Transitional Duty Assignment outside the employee’s FMLA leave eligibility period, which is within the employee’s medical restrictions, the institution is not obligated to provide alternatives.
      2. Failure to accept a Modified/Transitional Duty Assignment that has been approved by the Authorized Treating Physician may result in reduction of the workers’ compensation wage replacement benefits and/or disciplinary action.
      3. A Modified/Transitional Duty Assignment must meet the institution’s staffing needs.
3. Program Objectives
   1. For any return-to-work program to be successful, the cooperation of the employee, the employee’s department (or another department), Human Resources and the employee’s Authorized Treating Physician is necessary.
   2. Objectives include, but are not limited to:
      1. Assist the employee to return to work as soon as possible;
      2. Maintain pre-injury income;
      3. Minimize work delays/interruptions;
      4. Maintain communication with employee;
      5. Minimize isolation and assist the injured employee in maintaining a positive connection to the workplace;
      6. Maintain pre-injury routine;
      7. Confirm commitment to the employee;
      8. Reduce workers’ compensation claim costs.
4. Modified/Transitional Work Requirements
   1. For work to be considered suitable modified employment, the following conditions must be met:
      1. The employee must meet the required qualifications for the Modified/Transition Duty Assignment which the employee will be required to perform;
      2. The work must conform to the medical restrictions set by the Authorized Treating Physician;
      3. The Modified/Transitional Duty Assignment and/or modified work schedule cannot exceed 90 calendar days unless approved by written recommendation.
   2. The Modified/Transitional Duty Assignment ends when any of the following occur:
      1. The Authorized Treating Physician releases the employee to return to full duty.
      2. Circumstances require that the Modified/Transitional Duty Assignment be discontinued.
      3. 90 calendar days have elapsed.
5. Procedures
   1. An employee must immediately notify their supervisor of any work-related injury.
   2. The supervisor will complete, sign, and submit the First Report of Injury form along with any additional applicable forms to Human Resources.
   3. Human Resources will submit the claim to the Claims Management Service with any available medical documentation.
   4. Human Resources will consult with the injured employee, supervisor, department administrator, division administrator (if applicable) and the Authorized Treating Physician to determine if a proposed Modified/Transitional Duty Assignment is suitable.
   5. If a suitable Modified/Transitional Duty Assignment is identified, Human Resources will contact the employee to discuss the assignment, length of assignment, restrictions and expectations regarding the assignment, medical evaluations, and other pertinent information.
   6. Human Resources will communicate with the employee on a regular basis for updates and to support the employee through the transitional process.
   7. All medical appointments and injury/work status reports for the injured employee will be tracked, to the extent possible, by Human Resources and communicated by Human Resources, to the employee’s supervisor regarding any updates or changes.
   8. Human Resources will review the Modified/Transitional Duty Assignment every 30 calendar days to determine if the employee is still in transition based on the Authorized Treating Physician’s recommendation.
   9. If a supervisor encounters issues during the Modified/Transitional Duty Assignment, the supervisor shall report such issues to Human Resources. Human Resources will determine necessary changes or if continuation of the assignment is appropriate.
   10. Upon completion of the Modified/Transitional Duty Assignment, Human Resources will coordinate the return to normal full duty assignment in the employing department and the return to work file will be closed.
6. Guidelines for Developing a Return-to-Work Assignment
   1. When determining if a proposed Modified/Transitional Duty Assignment is suitable, Human Resources will consult with the injured employee, the department, and the Authorized Treating Physician. Other individuals may participate in the discussion as needed (e.g. safety coordinator).
   2. The employer will consider physical requirements, job descriptions, job analysis questionnaires, and medical opinions of the Authorized Treating Physician to determine if transitional duties are available.
      1. Every effort will be made to place the employee in their employing work unit; however, if this is not possible, Human Resources may recommend an alternative work assignment as long as the conditions for return to work outlined above have been met.

1. Faculty Sick Leave
   1. Sick leave is intended to meet the legitimate health needs of employees who were absent from the work place due to illness.
      1. Faculty, even though their work assignments often require variable schedules both day and evening as well as assignments which include a wide variety of activities -- classes, office hours, committee assignments, research in laboratories and libraries, etc. -- are, nevertheless, subject to sick leave policy in a very specific and direct way.
   2. The charging of sick leave for time away from work by a faculty member due to legitimate health reasons is not a penalty; sick leave was instituted by the Tennessee Board of Regents to cover just such absences.
      1. It is the responsibility of each faculty member to report their sick leave to the appropriate authority.
      2. As a general guideline, all faculty have responsibilities Monday through Friday for a minimum of 37.5 hours of any week in which the institution is in session.
      3. Any day-long absence during the regular work week due to illness should be charged to the faculty member as sick leave at the rate of 7.5 hours per day.
   3. Arrangements to cover a class either by the faculty member or the institution do not mitigate the fact that the faculty member was away from their work assignment and sick leave should be charged accordingly.
   4. If a faculty member is absent from their work assignment for part of a day, they should discuss the appropriate sick leave time to be charged with their department chair, dean, or immediate supervisor.

1. Authorization
   1. Pursuant to T.C.A. § 8-50-926, the following guideline shall be followed in the formation and operation of sick leave banks at all institutions or the System Office governed by the Tennessee Board of Regents.
      1. This guideline will be implemented in accordance with TBR Policy 5.01.01.00 - Employment Classification.
      2. For purposes of this guideline, the term institution shall include the System Office.
2. Establishment
   1. A sick leave bank is established when a group of employees agree to be assessed a specified number of accrued sick leave hours for a common pool.
      1. Such assessment of sick leave shall be deducted from the individual’s personal accumulated sick leave and shall be nonrefundable.
   2. From this pool, the members may withdraw an amount of hours greater than their individual assessments upon request to and approval from the trustees of the sick leave bank.
   3. There can be no more than one Staff Sick Leave Bank per institution.
      1. To form a sick leave bank, a minimum of twenty (20) employees who are eligible to participate in the bank must petition the president/chancellor or designee, as appropriate, of the institution to authorize and direct the establishment of the bank.
         1. The petition shall include a declaration that each petitioner intends to participate.
3. Eligibility
   1. Participation in the Staff Sick Leave Bank will be available to regular full-time and regular part-time staff, exempt and non-exempt employees whether serving in an academic, fiscal or modified fiscal year appointment (MODFY).
   2. Employees previously enrolled in the Faculty Sick Leave Bank who are appointed to a staff position with no breaks in service shall be eligible immediately to transfer membership to the Staff Sick Leave Bank with no additional assessment or waiting period required. Regarding transfers, no hours will be transferred between the Faculty and Staff Sick Leave Banks.
   3. Members who are terminated and rehired with a break in service within a twelve (12) month period following their enrollment shall be entitled to membership with no additional assessment. Employees rehired after one enrollment year will incur a new enrollment assessment during the annual enrollment period.
   4. An employee who transfers with no break in service from another TBR institution, the University of Tennessee, or state agency, and participated in the previous employer’s sick leave bank is immediately eligible for membership in accordance with the receiving institution’s sick leave bank plan. If the institution's sick leave bank plan allows, and if membership is requested at the time of the transfer, the member shall donate the required minimum assessment.
   5. ​Employees who are unable to meet additional assessments charged by the Staff Sick Leave Bank, shall lose the right to request bank sick leave, in accordance with Section V.A.9.
   6. All records regarding prior usage of bank sick leave may be made available to the Staff Sick Leave Bank trustees.
4. Trustees
   1. The president/chancellor or designee of the institution will appoint five (5) sick leave bank trustees upon receipt of the petition.
      1. At least three (3) of the appointees shall be clerical and support staff.
   2. Initially, two (2) of the trustees will be appointed for one (1) year, two (2) trustees for two (2) years, and one (1) trustee for three (3) years.
      1. Trustees shall be eligible for reappointment.
      2. Any vacancy resulting from expiration of a term, discontinuation of employment, retirement, death, resignation, or removal by the president/chancellor or designee of a trustee from the trustee role shall be filled immediately by appointment by the president/chancellor or designee of the institution.
      3. All actions by the trustees shall require three (3) affirmative votes.
   3. The trustees shall:
      1. Meet and elect a chairperson from the trustees.
      2. In coordination with Human Resources, be responsible for preparation of the sick leave bank plan of operation. The plan is subject to the president’s/chancellor's or designee's review to ensure its compliance with these guidelines, board policy, institution policy, appropriate recordkeeping and accounting principles, and statutory provisions.
      3. In coordination with Human Resources, administer the bank and approve or reject requests for withdrawal of leave from the bank. The request for bank sick leave must be submitted to the trustees. The institutional sick leave bank plan of operation may require the member’s supervisor be informed of any request for bank leave, prior to approval by the trustees.
      4. Adopt reasonable rules for the assessment and/or reassessment of sick leave hours by participants in order to maintain an adequate reserve of usable days for bank members. This reserve shall only be established through the assessment and/or reassessment of bank membership and shall maintain a positive balance at all times. Any assessments shall be based upon total membership and projected potential need. All members shall be assessed the same amount of sick leave hours upon initial assessment and during any special reassessment. The trustees shall have sole discretion in determining how many assessments and/or reassessments are necessary to maintain the reserve’s positive balance.
      5. Keep all related information confidential.
5. Sick Leave Bank Plan
   1. The plan of operation prepared by the trustees shall include but not be limited to the following provisions.
      1. An employee must have been a member of the bank for thirty (30) calendar days prior to applying for withdrawal of sick leave bank hours.
      2. An employee must exhaust all accumulated sick leave and annual leave, if applicable, prior to receiving bank sick leave.
      3. Bank sick leave shall not be used for: elective surgery, illness or death of any member of the individual’s family, except the illness of a minor child, or during any period when the individual is receiving disability benefits from social security, a state-sponsored retirement plan or Board of Claims benefits. Approved bank sick leave will run concurrently with FMLA leave for an eligible employee who has not already exhausted the twelve (12) workweek entitlement.
      4. A restriction may be established on the number of hours that may be withdrawn by an individual bank member on account of an illness, known at the time he or she elected to join the bank.
      5. Initial grants of bank sick leave to individual bank members shall not exceed the hourly equivalent of twenty (20) consecutive days for which the applicant would have otherwise lost pay. Subsequent grants of bank sick leave shall not exceed the hourly equivalents of sixty (60) days in any fiscal year, or up to a maximum of ninety (90) days for any one illness, or recurring diagnosed illness, or accident.
      6. A member is limited to a maximum of ninety (90) days from the sick leave bank as the result of any one personal illness, injury, accident, disability, medical condition, quarantine or a condition related to, resulting from, or recurring from a previously diagnosed condition for which the bank granted sick leave. Grants from the sick leave bank shall not exceed ninety (90) days within a twelve (12) month period. The initial twelve (12) month period starts on the date the member's sick leave grants first begin and extends twelve (12) months forward from that date. A new twelve (12) month period would begin the first time sick bank grants begin again after completion of the previous twelve (12) month period. Grants from the sick leave bank terminate as of the date the member is released to return to work with or without restrictions.
         1. The institution's sick leave bank plan of operation may impose a lifetime maximum of sick leave bank grants.
         2. A bank member may be eligible to receive sick leave that has been donated by other employees if s/he has made application for bank sick leave and the necessity for bank leave is substantiated by the trustees. Should bank sick leave be denied, the bank member shall be eligible to receive donations from other employees as provided in TBR Policy 5.01.01.15 - Transfer of Sick Leave Between Employees.
      7. When a bank member is physically or mentally unable to apply for bank sick leave, the immediate next-of-kin may make a request for bank sick leave on his or her behalf. If there is no next-of-kin available, this request may be made by the legally appointed guardian or conservator or an individual acting under valid power of attorney.
      8. At any time the trustees may request from a bank member a physician’s statement certifying the illness or condition of the bank member requesting leave. Refusal to submit the certification will result in denial of the request for bank sick leave. The institution's sick leave bank plan of operation may require all members to submit supporting documentation when requesting bank sick leave.
      9. A bank member shall lose the right to request bank sick leave upon termination of employment, retirement, cancelation of bank membership, refusal or inability to honor the trustee's assessments, and going on leave of absence (in a non-pay status) for reasons other than illness, injury, or disability.
      10. A bank member may cancel his or her membership at any time upon written notification to the trustees. Assessed sick leave days shall be nonrefundable upon cancelation of membership and nontransferable upon transfer to another TBR institution, UT or State agency.
      11. Employees who are granted bank sick leave shall continue to accrue sick leave and annual leave, if applicable, and service credit for retirement and longevity purposes, during the time they are on bank sick leave. Also, they will receive credit for any holidays that may occur during the bank sick leave period.
      12. Grants of bank sick leave shall not be contingent upon repayment of hours used or waiver of other employment benefits or rights.
      13. The trustees will meet either in person, by email, or by conference call, to approve or reject all requests for bank sick leave within ten (10) calendar days of receipt of the request. The number of calendar days to approve or reject sick leave bank requests will be established by the institution's sick leave bank plan of operation. The operation of the Staff Sick Leave Bank shall exist separately from the regular sick leave accrued to individuals’ personal accounts with respect to approvals and appeals. The decisions of the trustees shall not be appealed beyond that body.
      14. All records and official forms of the sick leave bank and minutes of the trustee meetings shall be maintained in the institution’s human resources office or, in the appropriate office as determined by the president of the college of applied technology. All records shall be subject to audit by appropriate state officials.
      15. An annual enrollment period shall be established by the trustees. The initial enrollment period shall last for a minimum of forty-five (45) calendar days from the date that eligible employees are notified of the bank’s establishment. Subsequent annual enrollment periods shall not exceed one (1) calendar month. The trustees or designee shall notify all eligible employees of their eligibility status and the dates of the enrollment period. Enrollment forms and copies of the plan and its regulations shall be made available at this time also.
      16. All eligible persons who elect to participate in the Staff Sick Leave Bank shall be assessed a number of sick leave hours determined by the trustees—up to maximum hourly equivalent of three (3) days (22.5)—as the initial enrollment assessment.
      17. The following official forms, as Exhibits, will be used to operate the sick leave bank:
          1. Official Sick Leave Bank Election Form (Petition): Exhibit 1
          2. Enrollment Form: Exhibit 2
          3. Request for Bank Sick Leave: Exhibit 3
          4. Notice to Sick Leave Bank Member of Assessment of Sick Leave Days: Exhibit 4
      18. Formal minutes shall be made of the sick leave bank trustees meetings and shall be maintained as a part of the official bank records.
6. Schedule Requirements
   1. The following time schedule shall be followed in establishing the sick leave bank, and addressed within the sick leave bank plan of operation:
      1. Petition Received by the president/chancellor or designee:
         1. Within thirty (30) calendar days of receipt of the petition, the president/chancellor or designee shall appoint the trustees.
      2. Trustees Responsibilities
         1. Within ten (10) calendar days of appointment, the trustees shall hold their first meeting and elect a chairperson.
         2. Within sixty (60) calendar days before the effective date of the sick leave bank, the trustees shall notify all eligible employees of the establishment of the bank and its date of effectiveness.
      3. Effective Date
         1. The president/director/chancellor or designee, upon approval of the trustees’ plan of operation, shall determine the date on which the sick leave bank becomes effective.
         2. This date shall be no later than 180 calendar days after the date of receipt of the original petition.
7. Dissolution of the Bank
   1. The sick leave bank shall be dissolved if the institution is closed or if the bank membership falls below twenty (20) individuals.
   2. The total hours on deposit shall be returned to the participating members at the time of the dissolution and credited to their personal sick leave accumulation in proportion to the number of hours each has been assessed.

1. Authorization
   1. Pursuant to T.C.A. § 8-50-925, the following guideline shall be followed in the formation and operation of sick leave banks at all institutions governed by the Tennessee Board of Regents System.
      1. This guideline will be implemented in accordance with TBR Policy 5.01.01.00 - Employment Classification.
2. Establishment
   1. A sick leave bank is established when a group of employees agree to be assessed a specified number of accrued sick leave hours for a common pool.
      1. Such assessment of sick leave shall be deducted from the individual’s personal accumulated sick leave and shall be nonrefundable.
   2. From this pool, the members may withdraw an amount of hours greater than their individual assessments upon request to and approval from the trustees of the sick leave bank.
   3. There can be no more than one faculty sick leave bank per institution.
      1. To form a sick leave bank, a minimum of 20 employees who are eligible to participate in the bank must petition the president designee of the institution to authorize and direct the establishment of the bank.
         1. The petition shall include a declaration that each petitioner intends to participate.
3. Eligibility
   1. Participation in the Faculty Sick Leave Bank will be available to regular full-time employees who hold faculty rank, whether serving in an academic or fiscal year appointment.
   2. Employees previously enrolled in the Staff Sick Leave Bank who are appointed to faculty positions with no breaks in service shall be eligible immediately for membership in the Faculty Sick Leave Bank with no additional assessment or waiting period required. Regarding transfers, no hours will be transferred between Staff and Faculty Sick Leave Banks.
   3. In addition, Members who are terminated and rehired with a break in service within a twelve (12) month period, following their enrollment shall be entitled to membership with no additional assessment. Employees rehired after one enrollment year will incur a new assessment during the annual enrollment period.
   4. A faculty member who transfers with no break in service from another TBR institution, the University of Tennessee, or state agency, and participated in the previous employer's sick leave bank is immediately eligible for membership in accordance with the receiving institution's sick leave bank plan. If the institutional sick leave bank plan allows, and if membership is requested at the time of the transfer, the faculty member shall donate the required minimum assessment.
   5. Employees who are unable to meet additional assessments charged by the Faculty Sick Leave Bank shall lose the right to request bank sick leave, in accordance with Section V.A.9.
   6. All records regarding prior usage of bank sick leave may be made available to the Faculty Sick Leave Bank trustees.
4. Trustees
   1. The president or designee of the institution will appoint five (5) sick leave bank trustees upon receipt of the petition.
      1. At least three (3) of the appointees shall be faculty who devote a majority of their time to classroom instruction.
      2. The remaining trustees may be members of the institution's administrative staff.
   2. Initially, two (2) of the trustees will be appointed for one (1) year, two (2) trustees for two (2) years, and one (1) trustee for three (3) years.
      1. Trustees shall be eligible for reappointment.
      2. Any vacancy resulting from expiration of a term, discontinuation of employment, retirement, death, resignation, or removal by the president or designee of a trustee from the trustee role shall be filled immediately by appointment by the president or designee of the institution.
      3. All actions by the trustees shall require three (3) affirmative votes.
   3. The trustees shall:
      1. Meet and elect a chairperson from the trustees.
      2. In coordination with Human Resources, be responsible for preparation of the sick leave bank plan of operation. The plan is subject to the president’s or designee's review to ensure its compliance with these guidelines, board policy, institution or appropriate recordkeeping and accounting principles, and statutory provisions.
      3. In coordination with Human Resources, administer the bank and approve or reject requests for withdrawal of leave from the bank. The request for bank sick leave must be submitted to the trustees. The institutional sick leave bank plan of operation may allow the bank member’s supervisor to be informed of any request for bank leave, prior to approval by the trustees.
      4. Adopt reasonable rules for the assessment and/or reassessment of sick leave hours by participants in order to maintain an adequate reserve of usable days for bank members. This reserve shall only be established through the assessment and/or reassessment of bank membership and shall maintain a positive balance at all times. Any assessments shall be based upon total membership and projected potential need. All members shall be assessed the same amount of sick leave hours upon initial assessment and during any special reassessment. The trustees shall have sole discretion in determining how many assessments and/or reassessments are necessary to maintain the reserve’s positive balance.
      5. Keep all related information confidential.
5. Sick Leave Bank Plan
   1. The plan of operation prepared by the trustees shall include but not be limited to the following provisions:
      1. An employee must have been a member of the bank for thirty (30) calendar days prior to applying for withdrawal of sick leave bank hours.
      2. An employee must exhaust all accumulated sick leave and annual leave, if applicable, prior to receiving bank sick leave.
      3. Bank sick leave shall not be used for: elective surgery, illness or death of any member of the individual’s family, except the illness of a minor child, or during any period when the individual is receiving disability benefits from social security, a state-sponsored retirement plan or Board of Claims benefits. Approved bank sick leave will run concurrently with FMLA leave for an eligible employee who has not already exhausted the twelve (12) workweek entitlement.
      4. A restriction may be established on the number of hours that may be withdrawn by an individual bank member on account of an illness known at the time they elected to join the bank.
      5. Initial grants of bank sick leave to individual bank members shall not exceed the hourly equivalent of twenty (20) consecutive days for which the applicant would have otherwise lost pay. Subsequent grants of bank sick leave shall not exceed the hourly equivalents of sixty (60) days in any fiscal year, or ninety (90) days for any one illness, or recurring diagnosed illness, or accident.
      6. A member is limited up to a maximum of ninety (90) days from the sick leave bank as a result of a personal illness, injury, accident, disability, medical condition, quarantine or a condition related to, resulting from, or recurring from a previously diagnosed condition for which the bank granted sick leave. Grants from the sick leave bank shall not exceed ninety (90) days within a twelve (12) month period. The initial twelve (12) month period starts on the date the member's sick leave grants first begin and extends twelve (12) months forward from that date. A new twelve (12) month period would begin the first time sick bank grants begin again after completion of the previous twelve (12) month period. Grants from the sick leave bank terminate as of the date the member is released to return to work with or without restrictions.
         1. The institution's sick leave bank plan of operation may impose a lifetime maximum of sick leave bank grants.
         2. A bank member may be eligible to receive sick leave that has been donated by other employees if s/he has made application for bank sick leave and the necessity for bank leave is substantiated by the trustees. Should bank sick leave be denied, the bank member shall be eligible to receive donations from other employees as provided in TBR Policy 5.01.01.15 - Transfer of Sick Leave Between Employees.
      7. When a bank member is physically or mentally unable to apply for bank sick leave, the immediate next-of-kin may make a request for bank sick leave on their behalf. If there is no next-of-kin available, this request may be made by the legally appointed guardian or conservator or an individual acting under valid power of attorney.
      8. At any time, the trustees may request from a bank member a physician’s statement certifying the illness or condition of the bank member requesting leave. Refusal to submit the certification will result in denial of the request for bank sick leave. The institution's sick leave bank plan of operation may require all members to submit supporting documentation when requesting bank sick leave.
      9. A bank member shall lose the right to request bank sick leave upon termination of employment, retirement, cancelation of bank membership, refusal or inability to honor the trustee's assessments, and going on leave of absence (in a non-pay status) for reasons other than illness, injury, or disability.
      10. A bank member may cancel their membership at any time upon written notification to the trustees. Assessed sick leave days shall be nonrefundable upon cancelation of membership and nontransferable upon transfer to another TBR institution, UT or State agency.
      11. Employees who are granted bank sick leave shall continue to accrue sick leave and annual leave, if applicable, and service credit for retirement and longevity purposes, during the time they are on bank sick leave. Also, they will receive credit for any holidays that may occur during the bank sick leave period.
      12. Grants of bank sick leave shall not be contingent upon repayment of hours used or waiver of other employment benefits or rights.
      13. The trustees will meet either in person, by email, or by conference call, to approve or reject all requests for bank sick leave within ten (10) calendar days of receipt of the request. The number of calendar days to approve or reject sick leave bank requests will be established by the institution's sick leave bank plan of operation. The operation of the Faculty Sick Leave Bank shall exist separately from the regular sick leave accrued to individuals’ personal accounts with respect to approvals and appeals; the decisions of the trustees shall not be appealed beyond that body.
      14. All records and official forms of the sick leave bank and minutes of the trustee meetings shall be maintained in the institution’s human resources office, or in the appropriate office as determined by the president of the college of applied technology. All records shall be subject to audit by appropriate state officials.
      15.  An annual enrollment period shall be established by the trustees. The initial enrollment period shall last for a minimum of forty-five (45) calendar days from the date that eligible employees are notified of the bank’s establishment. Subsequent annual enrollment periods shall not exceed one (1) calendar month. The trustees or designee shall notify all eligible employees of their eligibility status and the dates of the enrollment period. Enrollment forms and copies of the plan and its regulations shall be made available at this time also.
      16. All eligible persons who elect to participate in the Faculty Sick Leave Bank shall be assessed a number of sick leave hours by the trustees—up to maximum hourly equivalent of three (3) days (22.5)—as the initial enrollment assessment.
      17. The following official forms, as Exhibits, will be used to operate the sick leave bank:
          1. Official Sick Leave Bank Election Form (Petition): Exhibit 1
          2. Enrollment Form: Exhibit 2
          3. Request for Bank Sick Leave: Exhibit 3
          4. Notice to Sick Leave Bank Member of Assessment of Sick Leave Days: Exhibit 4
      18. Formal minutes shall be made of the sick leave bank trustees' meetings and shall be maintained as a part of the official bank records.
6. Schedule Requirements
   1. The following time schedule shall be followed in establishing the sick leave bank, and addressed within the institutional sick leave bank plan of operation:
      1. Petition Received by the President or designee:
         1. Within thirty (30) calendar days of receipt of the petition, the president or designee shall appoint the trustees.
      2. Trustees Responsibilities
         1. Within ten (10) calendar days of appointment, the trustees shall hold their first meeting and elect a chairperson.
         2. Within sixty (60) calendar days before the effective date of the sick leave bank, the trustees shall notify all eligible employees of the establishment of the bank and its date of effectiveness.
      3. Effective Date
         1. The president or designee, upon approval of the trustees’ plan of operation, shall determine the date on which the sick leave bank becomes effective.
         2. This date shall be no later than one hundred eighty (180) calendar days after the date of receipt of the original petition.
7. Dissolution of the Bank
   1. The sick leave bank shall be dissolved if the institution is closed or if the bank membership falls below twenty (20) individuals.
   2. The total hours on deposit shall be returned to the participating members at the time of the dissolution and credited to their personal sick leave accumulation in proportion to the number of hours each has been assessed.

1. Introduction
   1. Tennessee Board of Regents Policy 5:01:05:00 Outside Employment and Extra Compensation provides that “the minimum rates per credit hour of instruction… must be applied when calculating compensation for extra service for full-time faculty teaching credit courses at community colleges.”
2. Rates

    A. The rates set forth in this Guideline shall be considered minimum rates for compensation of full-time faculty teaching credit courses in excess of the normal load.

1. Rank                                        Rate per Credit Hour of Instruction

   Full Professor                                  $700

   Associate Professor                         $650

   Assistant Professor                          $600

   Instructor                                         $550

B. The rate per credit hour of instruction refers to the number of credits granted toward the faculty load, which may differ from the number of student credit hours.

1. Faculty often receive more credits for teaching laboratory courses, for example, than they do for non-laboratory courses.