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Policy Number: 
1.03.10.00
Policy/Guideline Area: 
Governance, Organization, and General Policies
Applicable Divisions: 
TCATs, Community Colleges
Purpose: 

To provide for shared governance at TBR institutions by establishing effective means whereby students and faculty can have input into the development of policies and programs relating to student and academic affairs, while recognizing that the responsibility and authority for decision-making rests solely with the administration.

Policy/Guideline: 
  1. General Principles The Tennessee Board of Regents recognizes that students and faculty are vital components of the campus community which should effectively contribute to the progress and general welfare of the institutions governed by the Board. While recognizing the value of input from the students and faculty of an institution on issues of common interest, the Tennessee Board of Regents has delegated to the presidents of its institutions the responsibility and authority to make decisions regarding the operation of the institution, subject to TBR policies and procedures and applicable laws. Students should have a primary interest in matters of student life, including discipline, and faculty should have a primary interest in academic affairs, including curriculum, program changes and development, and admission and graduation requirements. Furthermore, both students and faculty have a direct interest in both student and academic affairs.
  2. Institutional Policies Each institution shall establish effective means whereby students and faculty can participate in and make recommendations concerning the development of policies and programs relating to student and academic affairs, such as the establishment of a student government association and a faculty senate. Due to differences in sizes of the various institutions, and existing methods at some institutions which may effectively provide for faculty and student participation, each institution shall determine and make known, through policy, the method and degree of student and faculty involvement in specific areas of institutional decision-making, subject to the approval of the Chancellor. If an institution adopts a policy establishing a student governing body and/or a faculty governing body, that policy must require that the body adopt by-laws to be approved by the institution’s president. If an institution policy provides for a chief student officer, such as a student government president, that officer must be elected by a general vote open to all students eligible to vote as defined by that institution’s policy. If an institution provides for a chief faculty officer, such as a faculty senate president, that officer must be elected by a general vote open to all faculty members eligible to vote as defined by that institution’s policy.

 

Sources: 

Authority

T.C.A. § 49-8-203

History

TBR Meetings, June 20, 1975; September 30, 1983; June 19, 1998; Revised TBR Board meeting September 19 & 20, 2019.

Policy Number: 
1.03.02.50
Policy/Guideline Area: 
Governance, Organization, and General Policies
Applicable Divisions: 
TCATs, Community Colleges
Purpose: 

The purpose of this policy is to provide a uniform basis upon which the institutions governed by the Tennessee Board of Regents (“TBR” or “the Board”) can regulate and facilitate the use of campus property and facilities.  It is intended to operate consistent with each institution’s educational purpose and mission, through the implementation of reasonable, content/viewpoint neutral regulations.  This policy, and all campus policies developed in compliance with the policy, shall be implemented and construed so as to ensure no undue disruption of that mission, promote an educational atmosphere on campus; prevent commercial exploitation of students; preserve residential tranquility; and prevent use of campus property and facilities contrary to federal, state or local law, regulation, or the rules and policies of the TBR, and its institutions.

In establishing this policy, and the related institutional policies, the TBR recognizes the importance to the educational process and environment for persons affiliated with the respective institutions including officially recognized student organizations and other groups to have reasonable access to, and use of, the educational facilities on their respective campuses, to hear various views.  Simultaneously, the TBR also makes clear that its facilities and that of its constituent institutions are not open public forums, but are instead intended solely for use consistent with the advancement and orderly administration of its educational mission for the benefit of its students, staff, and affiliated entities.  As such, TBR Institutions do not ordinarily make its buildings or other facilities available to outside individuals or outside groups.  Exceptions may be made only if the proposed use is consistent with this policy and institutional policy and mission.

All TBR Institutions shall implement policies governing access to and/or use of their specific property and facilities consistent with the provisions of the policy set forth here, and below, subject to prior review and approval by the TBR.

Definitions: 

For the purposes of these regulations, the following definitions shall apply:

  • Affiliated Entities - an officially registered student, student group or student organization.
  • Affiliated Individuals - persons officially connected with the institution including students, faculty, and staff.
  •  "Non-affiliated Entities" - any person, group, or organization which is not an affiliated entity or individual.
  • "Non-affiliated Individual" - Any person who is not an affiliated individual.
  • Student - a person who is currently registered for a credit course or courses, non-credit course or program at the institution, including any such person during any period which follows the end of an academic period which the student has completed until the last day for registration for the next succeeding regular academic period.
Policy/Guideline: 
  1. Access to Campuses & Use of Property/Facilities
    1. Access to Facilities & Prioritized Users
      1. Access to and use of campuses, facilities, and property of TBR institutions is restricted to the institution, institutional administration for official functions, affiliated individuals/entities, and invited or sponsored guests of the institutions or schools except as specifically provided by this policy, institutional policy, or when part or all of a campus, its buildings or facilities are open to the general public for a designated time and purpose.
      2. Institutional policies shall set forth the process, and requirements, pursuant to which designated campus properties and/or facilities may be accessed for other than official institutional use.  Such policies shall be consistent with the requirements set forth in this policy and will be subject to prior review and approval by the TBR.
      3. Institutions may designate certain facilities as available for rent to the general public at market rates, where the length/frequency of occupancy/use of campus facilities, or the nature of a particular building, facility or property or a particular purpose makes such agreements appropriate. Such lease/rental agreements are not covered by this policy and will be executed subject to appropriate TBR policies and guidelines governing the lease of TBR or institutional property, including, but not limited to, TBR Policy No. 1.03.02.10 and TBR Guideline B-026.
      4. Access/Use of campus property or facilities, other than for those scheduled for official institutional, administrative and/or normal educational purposes, shall be through a process of application, review, and administrative approval as established by institutional policy consistent with this policy.
      5. Institutional policies shall identify a person(s) and/or office(s) where application for use of campus facilities or property may be filed.
      6. Institutional policies shall set forth the priority to be applied to individuals or groups applying to use campus facilities and/or property, consistent with institutional mission(s).  Such provisions shall address, at minimum, the relative priority of applications made by affiliated entities/individuals as well as unaffiliated entities/persons (where permitted).  Highest priority shall always be given to administrative and educational uses.
      7. Institutional policies may permit affiliated entities to obtain permission for the repeated use of a particular campus facility or space to conduct regular meetings using campus facilities or property without requiring repeated application and approval for each occurrence of the event if the meetings are limited to members of the organization.
      8. Institutional policies may authorize faculty and/or affiliated entities to extend invitations to uncompensated, unaffiliated guest speakers for regular class sessions and/or meetings, without prior application as set forth in this policy where attendance at the class session or meeting will be limited to members of the class or affiliated entity and where no fee or compensation from state funds will be paid to the speaker.
      9. Institutional policies shall require that access to or use of campus facilities or property by affiliated entities and affiliated individuals for an event other than a regular meeting of its membership that will include an invited guest speaker and/or be open to persons outside group membership must be made through the procedures set forth in the institutional policy, established pursuant to this policy.  The sponsoring entity will be responsible for the conduct of both the speaker and non-affiliated guests at the event as well as for compliance with all laws, TBR and campus rules or policies while present on campus or using campus facilities or property.  An application for such access or use of campus facilities or property must clearly set forth the identities of both the affiliated individual/entity filing/sponsoring the application as well as the non-affiliated entity being sponsored.  The application will be subject to the same procedures and regulations applicable to all applications for use of campus facilities.
      10. Institutional policy may permit non-affiliated entities/individuals, conditioned on sponsorship by an affiliated entity or individual, to apply for use of, or access to, locations on campus specifically identified in institutional policy. 
      11. Institutional policy shall identify one (1) or more areas or facilities on campus for which non-affiliated entities/individuals, may apply for use or access individually, without sponsorship from an affiliated individual/entity.  Such applications shall be limited to those locations on campus specifically identified in institutional policy for access/use by unaffiliated individuals/entities. Such applications shall be subject to the same procedures and requirements.
      12. The application of this policy and all institutional policies are limited to one (1) time only events, short term, intermittent, and/or repeat use of campus facilities where access/use of facilities/property are permitted without an associated rental/lease or fee.  Such uses shall be limited to circumstances where an institution does not actually, or effectively, cede occupancy or control of any institution property.  Approval for repeated or intermittent use of any facility or property pursuant to this policy may not exceed four (4) months in length and may only be renewed or repeated after review to determine that such use does not conflict with an institutional need or another request for access/use of the facility/space by another eligible person/entity.
      13. Institutional policies shall specify that, in all cases where an application for access or use of campus facilities or property is approved, such use will be subject to the execution of an appropriate written agreement regarding the conditions applicable to the approved access/use, which shall include, but not be limited to, the terms and conditions set forth in this policy.  Institutions may utilize differing forms of agreement appropriate for the nature of the entity seeking access/use, or the nature of the event or facility associated with the access/use. A Sample Use of Campus Facilities Form (Long & Short Versions) is attached as Exhibit 1.
      14. Institutional policy shall permit access to and use of facilities consistent with the requirements of T.C.A. §8-50-1001.  Institutions may require that meetings, or other gatherings, conducted pursuant to this statutory provision be subject to an application for use pursuant to this policy, for the sole purpose of ensuring that administrative, educational, and/or workplace functions are not interrupted.  Institutional policy may permit repeated access, pursuant to this provision, without repeated application.
    2. Geographic Locations & Buildings
      1. Institutional policies shall establish and identify specific buildings and/or other areas of campus that will be made available for use by affiliated entities/individuals.  Where certain buildings or areas of campus, are available for use by affiliated entities/individuals, but not for unaffiliated entities/individuals, institutional policy will so specify.  Highest priority for use of institutional buildings, facilities, and/or property shall always be reserved for administrative and educational uses.
      2. Where appropriate, institutional policy shall identify certain categories of events or uses of campus facilities or property that will be limited to specific facilities or locations appropriate for the nature of the activity, e.g., concerts, athletic events, theatrical presentations, etc.
      3. Institutional policies shall specify, where appropriate, dates, times, periods in an academic term, etc., when identified facilities shall not be available for use/access pursuant to the requirements of this policy and/or institutional policy.
      4. Institutional policies shall provide that buildings, facilities, and/or property, not specifically identified as available for use are specifically unavailable for use other than for normal administrative or educational purposes.
      5. Institutional policies shall identify specific facilities, e.g. athletic facilities, auditoriums, theater buildings, etc., if any, that are available for lease or rental at market rates.  Such use shall be subject to application, approval, and an appropriate written lease or rental agreement, pursuant to the institutional policy established in compliance with this policy.
    3.  Application & Permitting Process - The policies and procedures related to the application for access/use of campus property/facilities shall include the following:
      1. Institutional policies shall require that all application(s) for access to, or use of, campus facilities or property must be submitted in writing at least five (5) working days in advance of the proposed use (excluding weekends and holidays) to the appropriate location/official at the institution.  Where an application for an event involving an outside speaker involves payment of a total fee and/or expenses in excess of $2,500.00 from institutional funds, the request must be submitted at least twenty (20) working days prior to the date of the proposed speaking engagement.
      2. Institutional policies shall permit Presidents, or their designees, to approve applications for registration filed less than five (5) working days, twenty (20) days in the case of a speaker paid from institutional funds, before the event, if it is determined that the use of property requested can be reasonably accommodated and that adequate cause exists for late filing of the application for registration. Approval of late applications shall be within the sole discretion of the official designated in the institutional policy. The decision of such official will be final.
      3. Institutional policies shall provide for written notice of approval or disapproval of the application for use of campus property or facilities.  Such notice shall be provided to the applicant within a reasonable time from the date an application is submitted.
      4. Institutional policies shall provide that, at minimum, notices of approval/disapproval will be made available at the office of the designated campus official.  Institutional policies may provide for additional forms of notice, e.g., electronic delivery.  It shall be the responsibility of the applicant to obtain notice of the approval or denial of any application submitted pursuant to this policy.
      5. Institutional policies shall require that notices of disapproval shall include a statement of the basis for disapproval.
      6. Institutional policies shall provide that any denial of a request to access/use campus facilities and/or property shall be based solely on factors related to reasonable regulations in light of the institution’s mission and the nature of the facility or property requested and rendered in a content/viewpoint neutral manner.
      7. Institutional policies shall publish a list of the various considerations potentially leading to a denial of an application. Such list shall include, at minimum, the following:
        1. The property or facilities have been previously reserved by another group, organization or individual with equal or higher priority,
        2. Frequency of previous use during an academic period in comparison to that of a contemporaneous applicant,
        3. Use of the property or facilities requested would be impractical due to scheduled usage prior to or following the requested use, or due  other extenuating circumstances,
        4. The applicant or sponsor of the activity has not provided accurate or complete information required on the application for registration,
        5. The applicant or sponsor of the activity has been responsible for violation of institutional policy during a previously registered use of campus property or facilities,
        6. The applicant has previously violated any conditions or assurances specified in a previous registration application,
        7. The facility or property requested has not been designated as available for use for the time/date,
        8. The anticipated size or attendance for the event will exceed building/fire codes, established safety standards, and/or the physical or other limitations for the facility or property requested,
        9. The activity is of such nature or duration that it cannot reasonably be accommodated in the particular facility or area for which application is made,
        10. A determination that the size and/or location of the requested use would cause substantial disruption or interference with the normal activities of the institution, the educational use of other facilities or services on campus or the flow of vehicular or pedestrian traffic,
        11. The activity conflicts with existing contractual obligations of the institution,
        12. Invasion of lawful rights of the institution's officials, faculty members, or students, the damage or destruction, or seizure and subversion, of the institution's buildings, other property, or for other campus disorder of a violent or destructive nature. In determining the existence of a clear and present danger, the responsible official may consider all relevant factors,
        13. A determination that the requested use would be contrary to local, state, or federal law, regulation, or the policies or regulations of the Board of Regents, or the institution.
      8. The office(s)/official(s) at each institution responsible for receiving and processing applications for use of campus facilities or property pursuant to this policy shall maintain a copy of the institutional policy for inspection by groups, organizations, and individuals interested in the use of campus property and/or facilities and shall provide a copy of such policy upon request.
    4. General Conditions for Use of Property or Facilities
      1. Institutional policies shall set forth the policies and conditions governing activities conducted pursuant to approved applications for access to or use of campus facilities or property.  Policies established at the institutional level will be limited to those that reflect reasonable regulations in light of the institution’s mission and the nature of the facility or property requested.  Such policies will be enforced uniformly to all uses of campus facilities and/or property in a content/viewpoint neutral manner.
      2. Violation of, or failure to comply with, the requirements set forth in this policy or institutional policy may result in the immediate revocation of previously granted approval for access/use of campus facilities or property.
      3. Institutional policies shall include, at a minimum, the following:
        1. Where applicable, institutional policies shall state limitations as to the number of persons who may attend in accordance with appropriate building and fire codes and safety standards applicable to particular facility and/or property at issue.
        2. Institutional policies shall require compliance with regulations, policies or rules for the conduct of assemblies, meetings and demonstrations as a condition for use/access to campus facilities and/or property.
        3. Institutional policies shall specify that sound amplification equipment may be used only when prior approval has been requested and granted by the appropriate official taking into account the institution’s mission and the nature of the facility or property requested, location, time of day, etc.
        4. Institutional policies shall specify the conditions applicable to the use of institution equipment in connection with the use of campus property and/or facilities, the required approvals as well as whether any additional agreements, leases or costs shall be associated with such use.
        5. Institutional policies shall specify that all groups, organizations and individuals, by making application for registration of an activity and by subsequent use after approval by the institution, agree to indemnify the institution and hold it harmless from any and all liabilities arising out of such use of the property and/or facilities of the institution, including, but not limited to, personal injury, property damage, court costs and attorney’s fees.
        6. Institutional policies shall specify that all persons operating motor vehicles in conjunction with an approved use/access of campus facilities and/or property shall be subject to institution, and TBR rules, regulations, policies and procedures regarding traffic and parking.
        7. Institutional policies shall specify that users of facilities or property and/or their sponsor(s) are responsible for all activities associated with the event.
        8. Institutional policies shall specify that use of the requested facility and/or property shall be limited to the declared purpose in the application for use/access to campus facilities and/or property.
        9. Institutional policies shall specify that access to, or use of, campus facilities and/or shall not be permitted overnight unless specifically requested and approved pursuant to the requirements of this policy and institutional policy.  Such use shall be limited to the specific time and location set forth in the notice of approval/ registration document.
        10. Institutional policies shall specify that all persons on the campus of any institution in conjunction with an approved application for use/access, shall provide adequate identification upon request to appropriate officials and security personnel of the institution. Persons or groups who refuse to provide such identification may be subject to immediate removal from campus and/or disciplinary action. In appropriate circumstances, such persons may become subject to arrest and/or prosecution.
        11. Institutional policies shall specify that the institution shall have the right to terminate the use of campus facilities or property by any group, organization or individual which violates any provision of this policy, Institutional policy, local, state, or federal law or regulation.
    5.  Certain Facilities, Fees, and Costs
      1. Institutional policies may establish a system of required fees or charges for specific costs and/or services (e.g., maintenance, janitorial, utilities, and/or security) related to the nature and uses of particular facilities and/or locations on campus as well as the anticipated event size or attendance for any use of campus facilities and/or property.
      2. Where such fees or costs are established, the fee/cost schedule, facilities and/or event/crowd size to which they apply shall be set forth in the institutional policy and applied to all similar uses on a content/viewpoint neutral basis.
      3. Payment of such fees/costs in advance of an event, if required, shall be stated clearly in the institutional policy.
    6.  Insurance/Indemnity
      1. Institutional policies shall require that individuals/entities using institutional facilities pursuant to this policy indemnify the institution and shall further set forth the circumstances and uses where the institution will require:
        1. Adequate bond or other security for damage to the property or facilities;
        2. Personal injury and property damage insurance coverage;
        3. A performance bond or insurance guaranteeing or insuring performance of its obligations under the contract; and/or
        4. Other types of insurance in such amounts as are designated by the institution
      2. Institutional policy shall identify specific facilities, uses, or events for which bond, security, and/or liability insurance will be required.
      3. In setting its policy, institutions may consider the nature and uses of particular facilities and/or locations on campus, and the anticipated event size or attendance for any use of campus facilities and/or property.
      4. Buildings, locations or events for which bond, security, and/or liability insurance will be required shall be set forth clearly in the institutional policy.
      5. Proof of compliance with this provision may be required in advance of an event.
      6. This provision shall be applied and enforced in a content/viewpoint neutral manner.
    7. Distribution of Leaflets, Literature, Pamphlets, Etc. - Commercial Use/Solicitation Prohibited
      1. Institutions may establish locations where the sale or distribution of literature associated with an approved application for access or use of campus property or facilities may be allowed.
      2. Institutional policies shall specify that literature and/or advertisements may only be sold or distributed in conjunction with an approved application for use of campus facilities.  Requests to distribute or sell literature shall be included with the underlying application to use campus facilities and/or property, using the same form utilized for use of campus facilities or property.  Such applications shall be evaluated by the same standards established under this policy for the associated use/access of campus facilities and/or property.
      3. Institutional policies however, shall not permit such activity within:
        1. Classroom, library or other academic buildings or facilities;
        2. Administrative and employee offices and work areas; or,
        3. Student residence halls, dormitories or apartment buildings.
      4. Institutional policies may permit the distribution or sale of literature, non-commercial solicitations, or advertising in designated locations within the lobbies or other general use areas of the above buildings or other campus facilities designated for the placement of literature for distribution or sale.
      5. Institutional policies shall provide that any literature which is distributed or sold and any advertisement shall comply with all applicable local, state, and, federal laws and regulations, as well as the rules and policies of the institution, and TBR.
      6. Institutional policies shall specify that no obscene literature or material, as defined by law, shall be distributed on any property owned or used by a TBR institution.
      7. Institutional policies shall specify that campus property and facilities may not be used by any non-affiliated entity/individual for the conduct of profit-making activities except when engaged in a business relationship, pursuant to a contract, with the institution and/or when a rental or lease agreement is in place specifically for such temporary purpose.
    8. Miscellaneous
      1. Bulletin Boards/Posting
        1. Institutional policies may permit the establishment of bulletin boards or approved areas for posting for specific uses and/or entities,
        2. Institutional policies may identify individual boards/areas and  specify or limit the authorized uses and/or entities for such boards/areas as well as the types of materials which may be posted on a board or area, the maximum size and duration of any notice, and any other special conditions on use,
        3. Such limits shall be conspicuously posted on each board or posting area, and shall control the use of the board when posted,
        4. Institutional policies may require prior approval for the use of any or all bulletin boards or posting areas on campus, and if required, the name of the official authorized to approve use of the board shall be posted on the board. Use of a board may be denied on the basis of one or more of the following:
          1. The person or group is not authorized to use the board in question;
          2. The material is not the type authorized for the board in question, or fails to meet any special conditions as posted on the board;
          3. The material is obscene or otherwise violates any federal or state law or regulation of the institution; or
          4. There is insufficient space available for the material on the board in question due to the previous posting of other materials,
        5. Institutional policy shall provide that areas not specifically identified and/or authorized for posting are not available for such purpose for any individual or entity, whether affiliated or unaffiliated,
        6. Exceptions to this policy can be made upon approval of the Chancellor of the TBR.
      2. Food/Catering Policies
        1. Institutions may establish a food/catering policy to be utilized in conjunction with approved use of campus facilities and/or property.
        2. Institutional policies shall specify the facilities/property where such policy shall apply.
        3. Institutional policies shall specify any associated cost or inform users where such cost information may be obtained.
    9. Remainder
      1. Institutions may address any matter with regard to use/access to campus facility not specifically addressed in this policy, in its individual institutional policy, if it is not inconsistent with any provision of this policy and subject to the general requirement that such provisions are limited to reasonable regulations capable of implementation in a content/viewpoint neutral manner.
      2. Such policies are also subject to prior review and approval by the TBR.
Exhibits: 
File Facilities Use Form (Long & Short Versions).docx
Sources: 

Authority

T.C.A. §§ 49-8-203; 8-50-1001

History

TBR Meetings, December 8, 1978; March 10, 1979; March 18, 1983; September 30, 1983; September 18, 1987; March 16, 1990; September 21, 1990; Revised and renamed Policy 1:03:02:50 Access to and Use of Campus Property and Facilities Sept. 22, 2011. Effective on May 30, 2012.

Related Policies: 
Student Organizations
Policy Number: 
1.03.02.20
Policy/Guideline Area: 
Governance, Organization, and General Policies
Applicable Divisions: 
TCATs, Community Colleges, System Office, Board Members
Purpose: 

The purpose of this policy is to provide guidance to the institutions in developing a campus policy for delegation of authority and signature authorization.

Policy/Guideline: 
  1. Scope
    1. This policy applies when exercising delegation of authority and signature authorization for any transaction that could create a financial liability for an institution.
    2. Examples include, but are not limited to, contracts, purchase orders, memorandums of agreement, and travel authorizations.
    3. Examples outside the scope of this policy include, but are not limited to, course overloads, student advising, and reductions in student course loads.
  2.  Delegation of Authority
    1. Every institution must develop a policy for delegation of authority and signature authorization.
    2. At a minimum, the institution’s policy must include the following items:
      1. Delegations/authorizations must be in writing, with level of authority, any restrictions on authority and period of authority, if any, clearly noted.
      2. Delegations should run from the official holding authority to act directly to the person exercising that authority.  The principle is that the person holding authority should have direct knowledge of who within the institution is exercising that authority on their behalf.
      3. Personnel with delegated authority should be qualified to do so by training and experience. Person making delegation is responsible for ensuring person to whom authority is delegated is qualified and understands the application of the authority delegated.
      4. The ramifications of exceeding or misapplying one’s delegated authority should be clearly understood and uniformly enforced.
      5. Delegations requiring the Chancellor’s approval must be properly obtained.
      6. Authority assigned to the Chancellor, Presidents, or Vice Chancellors by policy, guideline or statute cannot be delegated unless specifically allowed in the policy, guideline, or statute.
  3. Recommended Practice
    1. Personnel with delegated authority should sign the name of the person of authority followed by their name.
      1. For example: Chancellor John Doe by Jane Smith
    2. Periodic training should be provided to ensure persons with delegated authority have a clear, current understanding of their authority and its limitations.
Sources: 

Authority

T.C.A. § 49-8-203

History

TBR Board Meeting September 21, 2012

Policy Number: 
4.02.01.00 (formerly 1:03:02:10)
Policy/Guideline Area: 
Business and Finance Policies
Applicable Divisions: 
TCATs, Community Colleges, System Office
Purpose: 

The following policy on approvals is adopted by the Tennessee Board of Regents (TBR) to delineate the approval process for procurements and agreements to be entered into by institutions governed by the TBR.

Definitions: 
  • Contract – An agreement between parties which obliges each party to take or not take certain actions. Contracts may be called, but are not limited to, agreement, memorandum of understanding, memorandum of agreement, purchase order, and terms and conditions.
  • Institution – means any of the community colleges, colleges of applied technology and System Office departments within the Tennessee Board of Regents.
  • System Office – the administrative offices of the Tennessee Board of Regents.
Policy/Guideline: 
  1. Approval By Presidents 
    1. All agreements and contracts affecting an institution must be approved and executed by the President or the President’s designee.
    2. Each institution shall develop written policies and procedures which are in addition to TBR's policies and guidelines and which will further ensure that no contract or agreement is entered into without the approval of the President or the President’s designee.
  2. Approval By Chancellor
    1. The following agreements, contracts or procurements, in addition to being approved as set out above, shall be submitted to the System Office for approval by the Chancellor or the Chancellor’s designee:
      1. Agreements and contracts involving or related to the purchase or disposal of real property, insurance, and capital outlay projects.
      2. Agreements involving or related to the leasing (institution as lessee or lessor) of real property for more than five (5) years or more than $150,000 per year.
      3. Any agreement, including purchase orders, for two hundred fifty thousand dollars ($250,000) or more in annual revenue or expense.
      4. Agreements and contracts involving insurance or other benefits.
      5. Agreements in which the TBR is a named party.
      6. The primary operating agreement between an institution and its foundation and any other agreement between the institution and its foundation which does not conform to the requirements of TBR Guideline G-030 (Contracts Guideline).
      7. Contracts, including grant agreements, which do not conform to the requirements of TBR Guideline G–030.
      8. Banking, procurement card and other financial services agreements.
      9. Any agreement between a TBR institution and any other institution, agency, organization or entity which provides for the coordinated or cooperative offering of any credit or non-credit programs or activities or in which certificate or degree requirements are met or credit is given for coursework or activities offered by another institution.
        1. Examples of such agreements include provisions for either credit or non-credit academic programs or public service activities to private or state agencies and institutions in the fulfillment of that agency' s responsibility for state-wide services or governmental training, and
        2. Agreements which require consortia or cooperative arrangements with other institutions, agencies, or associations.
      10. Any noncompetitive contract with a potential term of more than one (1) year and a cumulative value of two hundred fifty thousand dollars ($250,000) or more. Institutions shall not enter into multiple one-year contracts, involving the same vendor for the same service, to circumvent this requirement.
    2. Renewals of the above agreements do not require approval by the Chancellor or the Chancellor’s designee if no changes have been made. However, a copy of the executed renewal shall be provided to the System Office.
    3. Purchase orders issued pursuant to purchase orders and/or contracts which have already been approved by the Chancellor or the Chancellor’s designee do not require additional approval to the System Office.
    4. The Chancellor may direct that certain or all agreements of any Institution be submitted for prior System Office review and approval.
  3. Other Approvals
    1. Certain agreements may be subject to additional review and/or approval processes as set out in TBR policies, i.e. Fiscal Review, State Building Commission, etc.
  4. Exceptions
    1. The Chancellor or designee may approve exceptions to the requirements of this policy in appropriate circumstances. Requests for exceptions must be signed by the President and include sufficient justification documentation.
Sources: 

Authority

T.C.A. § 49-8-203; All State and Federal statutes, codes, and/or rules referenced in this policy and Guideline G-030- Contracts Guideline.

History

TBR Meetings, March 5, 1976; June 26, 1981; September 30, 1983; December 13, 1985; September 22, 1989; June 28, 1991; December 5, 1997; December 2, 2005. Revision approved by Board, September 15, 2016; Ministerial change to B & F policy June 25, 2019. 

Related Policies: 
Purchasing Policy
Contracts Guideline
Disposal of Surplus Personal Property
Policy Number: 
1.02.11.00
Policy/Guideline Area: 
Governance, Organization, and General Policies
Applicable Divisions: 
TCATs, Community Colleges, System Office, Board Members
Purpose: 

The purpose of this policy is to set the conditions and procedures for appeals to the Chancellor or Board.

Policy/Guideline: 
  1. Appeals to the Chancellor
    1. A student or employee of an institution under the authority of the Board of Regents may appeal a final decision of the president of an institution to the Chancellor, except for decisions resulting from a UAPA hearing.
    2. Appeals to the Chancellor shall be limited to alleged violations of state or federal law or institutional/board policy where the complainant has not filed a federal/state administrative appeal or a lawsuit in state or federal court.
    3. If, at any time during the pendency of the appeal, a complainant files a lawsuit or administrative action based on the same subject matter as the appeal, the appeal will be dismissed without further action.
    4. The following decisions will only be appealable if there is a violation of state or federal law alleged:
      1. Termination of executive, administrative, professional, clerical and support employees during or at the end of the initial probationary period or pursuant to the terms of the contract of employment;
      2. Non-renewal of a tenure-track faculty appointment during the first four years of the probationary period;
      3. Denial of tenure unaccompanied by notice of termination in the fifth year of the probationary period;
      4. Non-renewal of a temporary faculty appointment;
      5. Salary determinations;
      6. Student academic matters, e.g., grade appeals, failure to meet retention policies, etc.;
      7. Performance evaluations of faculty or staff; and
      8. Residency classification of students for tuition and fee purposes
    5. Appeals and supporting documents must be submitted in writing to the Chancellor within 20 calendar days following the date of the written decision by the president.
    6. The appeal must state the decision being appealed, the law and/or policy that is alleged to have been violated and the redress desired.
    7. The Chancellor shall review the decision based on the record developed at the institution. New evidence may only be submitted if there is good cause shown why the evidence was not previously submitted.
    8. The Chancellor may request a student or employee to appear and present arguments in support of an appeal.
    9. Complaints from students or prospective students regarding accreditation or violation of state or federal law may be submitted to the Chancellor's office for appropriate review and action, as required by 34 CFR 600.9(a))1).
    10. Any available institutional complaint procedure must be exhausted prior to consideration by the Chancellor or his/her designee.
  2. Appeals to the Board
    1. A student or employee who is dissatisfied with the decision of the Chancellor on their appeal may petition the Board of Regents for permission to appeal the decision of the Chancellor to the Board.
    2. The petition must be submitted in writing to the Secretary of the Board within 20 calendar days following the date of the Chancellor's written decision.
    3. The petition for appeal must present:
      1. A brief statement of the issues to be reviewed including a statement of the redress desired;
      2. A brief statement of the facts relevant to the issues to be reviewed, with appropriate reference to where such can be found in the record;
      3. A statement of applicable law/policy;
      4. A brief argument; and
      5. Citations of any applicable authorities, (such as policies, statutes, and cases).
    4. The petition for appeal must be limited to ten (10) pages, typed, doubled spaced, and on 8 1/2 X 11" paper.
    5. The appropriate standing committee of the Board shall review the decision of the Chancellor based on the record considered by the Chancellor. New evidence may only be submitted if good cause is shown why the evidence was not previously submitted. The committee shall determine whether the petition to appeal will be granted.
    6. The Board committee, in determining whether to grant an appeal, may consider the following:
      1. Whether Board policy or procedures have been followed;
      2. Whether or not there is material evidence to substantiate the decision appealed from; and/or
      3. Whether or not there has been a material error in the application of the law, which prima facie results in substantial injustice.
      4. The listing in 1 - 3 above is not exhaustive and, in the discretion of the Board committee, other factors may be considered.
    7. If the petition to appeal is granted, the committee shall hear the appeal at a subsequent regularly scheduled meeting of the committee and may request the person appealing to appear and present arguments on their behalf.
    8. The committee shall recommend action on the appeal to the Board of Regents. The decision of the Board shall be final and binding for all purposes.
  3. Record
    1. The record on an appeal to the Chancellor or Board shall consist of all relevant documents, statements, and other materials submitted by the person appealing and by the president of the institution involved.
    2. New evidence may only be submitted if good cause is shown for why the evidence was not submitted previously.
    3. If the appellant does not submit sufficient information to allow review of the decision being appealed, the Chancellor or the Board may require the person appealing to furnish any additional information that may be necessary.
  4. Standard of Review
    1. The following provisions shall govern the review by the Chancellor and Board of an appeal under this policy:
      1. A decision may be remanded for further consideration upon a finding that it was not made in accordance with applicable state or federal law or Board, institutional procedures; provided, however, that the decision should not be remanded if the procedural error was not material to the decision and therefore constituted harmless error;
      2. A decision may be modified or reversed only upon a finding that the decision constituted an abuse of discretion or was made in violation of applicable state or federal law or Board, institutional policies; provided, however, that the decision should not be modified or reversed if the violation of policy was not material to the decision and therefore constituted harmless error;
      3. A decision should be affirmed in the absence of a finding of abuse of discretion or material violation of applicable state or federal law or Board, institutional policies, or procedures.
    2. Notwithstanding any provision herein to the contrary, any decision may be remanded by the Chancellor or Board for a resolution of the matter which is mutually acceptable to the parties or which is, in the best judgment of the Chancellor or Board, a fair and equitable resolution.
Sources: 

Authority

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

History

Board of Regents Bylaws, as amended; TBR Meeting September 30, 1983; TBR Meeting December 12, 1986; TBR Meeting March 17, 1989; TBR Meeting March 25, 1994; TBR Meeting June 24, 2011. Board apporved revision and name change on December 13, 2018.

Related Policies: 
Contested Cases Subject to the Uniform Administrative Procedures Act
TBR Bylaws
Policy Number: 
1.02.10.00
Policy/Guideline Area: 
Governance, Organization, and General Policies
Applicable Divisions: 
TCATs, Community Colleges, System Office, Board Members
Purpose: 

The Tennessee Board of Regents is required to submit an annual report to the governor and the legislature at the end of each fiscal year. In addition, presidents must provide information to the Board, through the Chancellor, of the work and condition of the institution under their control. The following policy is adopted concerning the preparation and submission of these reports.

Policy/Guideline: 
  1. Reports of the Board
    1. The Chancellor shall prepare the annual report of the Board for submission to the governor and legislature.
    2. The report shall reflect the operations of the Board, and the condition and progress of institutions under the Board's jurisdiction.
    3. The report may contain any necessary recommendations to the governor and to the legislature for the future progress of the System, and may emphasize a particular theme for each year, reflecting the activities of the Board and the institutions which relate to that theme.
  2. Reports of Institutions
    1. The president of each institution is responsible for reporting to the Chancellor information relating to the operations of the institution in the following general areas:
      1. Academic programs, activities;
      2. Enrollment, Student Success, Completion, and Student Life;
      3. Job placement and licensure rates;
      4. Strategic opportunities;
      5. Faculty and other personnel;
      6. Awards to students, faculty, programs, and institutions;
      7. Funding formula metrics;
      8. Economic impact of the institution;
      9. Workforce needs in the institution's service area;
      10. Diversity, equity, and inclusion impact;
      11. Community impact highlights;
      12. Financial conditions and status; and
      13. Development, renovation and maintenance of physical facilities.
    2. The Chancellor may require additional information on the work and condition of the institutions, and may designate the format, frequency, and content of the reports necessary to ensure adequate or uniform information.
Sources: 

Authority

T.C.A. § 49-8-203; TBR Bylaws

History

TBR Meetings, June 25,  1976; September 30, 1983; June 19, 1998; December 9, 2021.

Policy Number: 
1.02.03.20
Policy/Guideline Area: 
Governance, Organization, and General Policies
Applicable Divisions: 
Board Members
Purpose: 

The purpose of this policy is to establish ethical standards for members of the Tennessee Board of Regents.

Policy/Guideline: 
  1. Governance Responsibilities
    1. Public Trust
      1. The Tennessee Board of Regents is charged by statute with governance of the state universities, community colleges, and colleges of applied technology in the state university and community college system. The state universities are also each subject to the authority of a local governing board of trustees. Regents hold a position of public trust and are expected to carry out their governance responsibilities in an honest, ethical, and diligent manner.
      2. To ensure effectiveness, the Regents must adhere to the strictest of ethical standards including, but not limited to, TBR Policy 1.02.03.30: Conflict of Interest Policy for Regents.
    2. Time Commitment 
      1. In undertaking the duties of the office, a Regent shall make the necessary commitment of time and diligence to carry out the Regent’s governance responsibilities.
      2. A Regent must regularly attend and actively participate in board and committee meetings and special assignments.
    3. Regent Authority 
      1. As individuals, when not participating in meetings of the Board or any of its duly constituted committees, members enjoy the same rights and privileges of any citizen of the State of Tennessee as pertains to the governance, control, and management of institutions under the Board.
      2. As individuals, members shall not speak for the Board unless so specifically authorized by the Board.
    4. Regent Responsibilities
      1. Regents shall undertake with due diligence a critical analysis of risks and benefits of any matter coming before the Board for action. Regents shall promote a culture of constructive debate about major initiatives and transactions and shall require staff to provide information necessary to carry out their duty of care to act in the best interest of the system.
      2. When participating in meetings of the Board or its duly constituted committees, members are responsible for the entire System without regard for any congressional district or area of the state or for any individual institution within the system. In matters coming before the Board, members are enjoined from espousing the cause of any one institution over the interests of others or the System as a whole.
  2. Conflict of Interest
    1. Conflict of Interest 
      1. Regents shall abide by the Conflict of Interest Policy for Regents, as amended from time to time.
      2. A conflict of interest occurs when the personal interests, financial or otherwise, of a Regent actually or potentially diverge from the Regent’s obligations as a Board member.
        1. It is unlawful for any Regent to be financially interested in any contract or transaction affecting the interests of any institution governed by the board, or to procure, or be a party in any way procuring, the appointment of any relative to any position of financial trust or profit connected with the universities and colleges governed. A violation of this provision shall subject the member so offending to removal by the governor or the Board.
        2. A Regent shall not use the authority, title, or prestige of the office to solicit or otherwise obtain a private financial, social, or political benefit for the Regent or any other person which would be inconsistent with the public interest.
        3. A Regent shall abstain from any deliberations or vote on a matter which the Regent identifies as a conflict of interest.
    2. Gifts and Expenses
      1. No Regent shall knowingly accept any gift, favor or gratuity from any person or entity under contract with the system or one of its institutions or seeking a contract with the system or one of its institutions.
      2. Regents shall not knowingly accept any gift, favor or gratuity from any person or entity, including another Regent, that might affect or have the appearance of affecting a Regent’s judgment in the impartial performance of the duties of office. However, this subsection shall not be construed to apply to a Regent’s incidental benefit from another Regent’s gift of money, property, or services to the system or one of its institutions or to any benefit commonly available to Regents by virtue of the office.
      3. Regents serve without compensation. However, they are entitled to receive reimbursement for expenses incurred while representing the Board in their official capacity.
    3. Financial Disclosure
      1. Each Regent shall, upon appointment to office and annually each January thereafter, file the Regent’s Financial Interest Disclosure form with the General Counsel of the Board of Regents.
  3. Compliance 
    1. Disclosure Requirements
      1. Persons who believe that a conflict of interest may exist either personally or with respect to another person covered by the ethics policy shall make a written disclosure of the facts and circumstances surrounding the situation.
      2. For members of the Board, disclosure should be made to the General Counsel.
    2. Review of Disclosures
      1. Disclosures made under Section II by or about a member of the Board of Regents shall be evaluated by the Board or a duly appointed committee thereof. A member of the Board making a self-disclosure shall not be entitled to vote regarding the disposition of the disclosure.
    3. Hearing 
      1. An appointed Board member accused of a material violation of this Code of Ethics is entitled to a due process contested case hearing in accordance with the Tennessee Uniform Administrative Procedures Act, T. C. A., Title 4, Chapter 5.
    4. Removal
      1. Upon a finding in a contested case hearing that an appointed Board member materially violated the Code of Ethics, the appointed Board member may be removed from the Board by a two-thirds (2/3) vote of the Board membership. Upon removal, the position shall be considered vacant, and the vacancy shall be filled as provided by law.
Sources: 

Authority

T.C.A. §§ 12-3-106; 49-8-101 et seq.; 49-8-203 et.seq.

History

TBR Board Meeting, December 5, 2003; Revised TBR Board Meeting September 19 & 20, 2019.

Related Policies: 
Conflict of Interest Policy for Regents
TBR Bylaws
Policy Number: 
1.02.03.10
Policy/Guideline Area: 
Governance, Organization, and General Policies
Applicable Divisions: 
TCATs, Community Colleges, System Office
Purpose: 

All employees of the TBR and its constituent Institutions serve the interests of the State of Tennessee and its citizens, and have a duty to avoid activities and situations that, either actually or potentially, put personal interests before the professional obligations that they owe to the State and its citizens. This policy is intended to establish standards of integrity and objectivity that should guide the actions of all employees of the Tennessee Board of Regents System.

Definitions: 
  • Conflict of interest - occurs when the personal interests, financial or otherwise, of a person who owes a duty to the Tennessee Board of Regents and its constituent Institutions actually or potentially diverge with the person’s professional obligations to and the best interests of the TBR and its Institutions.
  • Conflict of commitment - occurs when the personal or other non-work related activities of an employee of the TBR and its constituent Institutions impair the ability of that employee to meet their commitments of time and energy to the TBR and its Institutions.
  • Conflicting Party – A person or entity that has or is seeking to obtain contractual or other business or financial relations with the institution in which the individual is employed or gas interests that may be substantially affected by the performance or nonperformance of the employee.
  • Immediate family – for purposes of this policy means spouse or minor child living with the employee
Policy/Guideline: 
  1. Applicability
    1. This policy shall apply to all persons employed, either as full-time, part-time or temporary employees, by the Tennessee Board of Regents and its constituent Institutions.
  2. General Principles
    1. Conflict of Commitment. Employees of the Tennessee Board of Regents should avoid external commitments that significantly interfere with the employee’s duties to the TBR and its constituent Institutions, Disclosures of outside employment shall be made as required under Policy 5.01.05.00 and evaluated as indicated in that policy.
    2. Conflict of Interest. Employees should avoid situations where the self-interests of the employee diverge from the best interests of the TBR and its Institutions.
    3. Management of Conflict of Interest. The mere existence of either a potential or actual conflict of interest does not mean that such conflict must necessarily be eliminated.
      1. Where the potential detriment to the TBR and its Institutions is at most minor and inconsequential, and the conflict does not indicate violation of Federal or State law, regulation, or policy, those persons charged with evaluating disclosures should allow the activity to proceed without interference after documenting the evaluation process.
      2. For those situations which do not implicate Federal or State law, regulation or policy, the standard for determination of whether a conflict of interest should be managed, reduced, or eliminated is whether that conflict would appear to a reasonable person to call into question the integrity or judgment of the affected employee.
  3. Situations and Activities Creating a Conflict of Interest
    1. In the following situations and activities, there is at least the appearance, and possibly the actuality, of an employee allowing his or her personal interests, and not the best interests of the TBR and its constituent Institutions, to affect that employee’s judgments. This list is illustrative, and not exhaustive.
      1. Self-dealing
        1. Situations in which an employee can appear to influence or actually influence an Institutionally-related decision from which that person or a member of that person’s immediate family stands to realize a personal financial benefit is self- dealing, and a conflict of interest.
        2. Examples of self-dealing activities include the following.
          1. Purchase of State-owned property by an employee absent fair and open bidding.
          2. Institutional purchases from businesses in which an employee or family member has a financial interest.
          3. Use of Educational Materials from Which a Faculty Member Derives Financial Benefit in That Faculty Member’s Teaching Activities.
            1. Any faculty member who wishes to use in his or her teaching activities educational materials (e.g. a textbook) which he or she has authored, or in which he or she otherwise stands to benefit financially from such use, a conflict of interest disclosure shall be made per Section VII of this policy.
            2. Whether the use of such materials shall be permitted shall be evaluated either under the terms of Institutional policy, or in the absence of such policy, by the Review Committee established under Section X of this policy.
            3. Such evaluation shall include consideration of suitable substitute materials and ensure that the needs of students are best served by use of the materials in which the faculty member has an interest.
          4. Acceptance of Gifts, Gratuities, or Favors
            1. Gifts. No employee shall knowingly solicit or accept, directly, or indirectly, on behalf of himself or herself or any member of the employee’s household, for personal use or consumption any gift including but not limited to any gratuity, service, favor, food, entertainment, lodging, transportation, loan, loan guarantee or any other thing of monetary value, from any person or entity that:
              1. Has, or is seeking to obtain, contractual or other business or financial relations with the institution in which the individual is employed; or
              2. Has interests that may be substantially affected by the performance or nonperformance of the employee.
          5. Exceptions
            1. The prohibition on accepting gifts in Section (4)(a) above, does not apply to:
              1. A gift given by a member of the employee’s immediate family, or by an individual, if the gift is given for a non-business purpose and is motivated by a close personal friendship and not by the position of the employee;
              2. Informational materials in the form of books, articles, periodicals, other written materials, audiotapes, videotapes, or other forms of communication.
              3. Sample merchandise, promotional items, and appreciation tokens, if they are routinely given to customers, suppliers or potential customers or suppliers in the ordinary course of business, including items distributed at tradeshows and professional meetings where vendors display and promote their services and products;
              4. Food, refreshments, foodstuffs, entertainment, or beverages provided as part of a meal or other event, including tradeshows and professional meetings, if the value of such items does not exceed fifty dollars ($50.00) per occasion; provided further, that the value of a gift made pursuant to this subsection may not be reduced below the monetary limit by dividing the cost of the gift among two or more persons or entities identified in Section VI.A.1.b.(4). 
              5. There may be circumstances where refusal or reimbursement of a gift (such as a lunch or dinner) may be awkward and contrary to the larger interests of the institution. In such circumstances, the employee is to use his or her best judgment, and disclose the gift including a description, estimated value, the person or entity providing the gift, and any explanation necessary within fourteen (14) days to their immediate supervisor;
              6. Food, refreshments, meals, foodstuffs, entertainment, beverages or intrastate travel expenses that are provided in connection with an event where the employee is a speaker or part of a panel discussion at a scheduled meeting of an established or recognized membership organization which has regular meetings;
              7. Participation in institution or foundation fundraising and public relations activities, i.e. golf tournaments and banquets, for which conflicting parties provide sponsorships; and
              8. Loans from established financial institutions made in the ordinary course of business on usual and customary terms, so long as there are no guarantees or collateral provided by any conflicting party.
            2. Inappropriate use of students or support staff
              1. Employees shall ensure that the activities of students or support staff are not exploited for the benefit of any external activity of the employee.
              2. Prior to assigning any such non-institutionally related task that is more than incidental or de minimus in nature to a student or member of the support staff, an employee shall disclose such proposed activities and obtain approval from the institution’s director of human resources or chief academic officer, as applicable.
            3. Inappropriate use of State owned resources
              1. Employees may not make significant use of State owned facilities, equipment, materials or other resources, not otherwise available to the public, in the course of activities which are not related to the Institution and which are intended for personal benefit, without prior disclosure and approval of the institution’s chief financial officer.
            4. Failure to disclose intellectual property
              1. TBR Policy 5.01.06.00 governs the rights and responsibilities which persons affiliated with the TBR and its Institutions have regarding intellectual property developed during the term of their affiliation with the TBR.
              2. Among the responsibilities enumerated in the policy is that of disclosure of inventions and those copyrightable works which may be reasonably expected to have commercial value which they have jointly or solely developed or created during their affiliation with the TBR and its Institutions.
  4. General Disclosure Requirements
    1. Persons to whom this policy applies who believe that a conflict of interest may exist either personally or with respect to another person covered by this policy shall make a written disclosure of the facts and circumstances surrounding the situation.
    2. No particular format is required, but the disclosure should adequately describe the pertinent facts and circumstances.
    3. For members of the Board, disclosure shall be made to the General Counsel.
    4. Employees of the System Office shall make disclosure to either their immediate supervisor or to the General Counsel.
    5. At the colleges, disclosures shall be submitted to the employee’s immediate supervisor or other person designated by the President to receive such disclosures.
    6. Disclosures made by a President shall be submitted online to the Tennessee Ethics Commission.
  5. Special Disclosure Requirements for Researchers Applying For or Receiving NSF or PHS Funding
    1. Under the policies and regulations indicated under Section 2.1 herein, investigators seeking funding from either the National Science Foundation or the Public Health Service are required to disclose to the investigator’s employer all significant financial interests of the investigator;
      1. That would reasonably appear to be affected by the research or educational activities funded or proposed for funding by the NSF or PHS; or
      2. In entities whose financial interests would reasonably appear to be affected by such activities.
        1. Such disclosures must be submitted prior to the time the proposal is submitted to the Federal agency.
        2. Further, such disclosures must be updated during the period of the award; either annually or as new reportable financial interests arise.
        3. The Institution is responsible for eliminating or managing such conflicts prior to receipt of the award.
        4. To facilitate such disclosures, the accompanying disclosure form (Exhibit 1) is available.
      3. Each Institution is responsible for determining if a grant, services, or other contract with Federal agencies other than the Public Health Service or the National Science Foundation requires disclosure and / or management of conflicts of interest, and for ensuring that any such requirements are met.
      4. Disclosure of financial interests made pursuant to this Section VIII notwithstanding, such disclosure does not eliminate the responsibility for making disclosures under Section VII, when specific conflict of interest situations arise.
  6. Special Disclosure Requirements for Certain TBR Employees
    1. The Chancellor, all Executive Vice Chancellors, Vice Chancellors and the General Counsel, the Presidents of all TBR institutions, coaches, assistant coaches and employees of athletic departments who are exempt from the provisions of the Fair Labor Standards Act are required to file a financial disclosure form within one month of their initial appointment and annually thereafter in January. 
    2. Disclosure of financial interests made pursuant to this Section IX notwithstanding, such disclosure does not eliminate the responsibility for making disclosures under Section VII, when specific conflict of interest situations arises.
      1. The Chancellor of the Tennessee Board of Regents system and the President of each college by the Tennessee Board of Regents are required by Tenn. Code Ann.§ 8-50-501(a)(15) to file an online Statement of Disclosure of Interests Form with the Tennessee Ethics Commission at https://apps.tn.gov/conflict/, Form ss-8005 (State Officials). For the Chancellor and the Presidents this Statement of Disclosure will meet the requirements of this Policy.
      2. Senior staff at the TBR System Office are required to complete a Statement of Disclosure of Interest Form. That disclosure shall be made using the Tennessee Ethics Commission Form ss-8005 (Exhibit 3) and submitted to the TBR Office of General Counsel.
      3. Coaches, assistant coaches, exempt employees of the athletic department and other institutional personnel required to complete a disclosure form shall also use the Tennessee Ethics Commission Form ss-8005, Statement of Disclosure of Interest Form and accompanying instructions. The form shall be submitted to the employing institution’s Human Resource Officer or other person designated by the institution’s President.
  7. Review of Disclosures 
    1. Disclosures made under Section VII of this policy by a member of the Board of Regents, the Chancellor, or by a President shall be evaluated by the Board or a duly appointed committee thereof. A member of the Board making a disclosure shall not be entitled to vote regarding disposition of the disclosure.
    2. Disclosures made under Section VII of this policy by a person employed by the TBR System Office shall be evaluated by a committee composed of the General Counsel, the Vice Chancellor for External Affairs, and the Vice Chancellor for Business and Finance. If the disclosure is made by one of those three persons, that person shall not be entitled to vote regarding disposition of the disclosure.
    3. Each TBR Institution shall establish at least one Review Committee comprised of no fewer than three persons to receive and evaluate disclosures generated under Sections VII and VIII herein by employees of the Universities, Community Colleges, and Colleges of Applied Technology. Policies and procedures regarding such matters as selection of members, duration of membership, frequency of meetings, etc. shall be adopted by each Institution.
      1. A template Institutional policy is included herein as (Exhibit 4).
      2. An Institution which fails to explicitly adopt a policy shall be expected to follow the terms of the template policy.
      3. Following evaluation of the disclosure, the Committee shall render a decision regarding the issue(s) presented by the disclosure.
      4. Any disclosure which indicates an actual violation of law shall be forwarded to the President of the Institution along with the Committee’s findings.
    4. Persons potentially committing a conflict of interest violation under consideration by a conflict of interest review Committee shall receive notice of the Committee’s evaluation, and be given an opportunity to appear before that Committee.
  8. Federal and State Laws on Conflict of Interest
    1. In addition to this policy, there are state and federal laws regarding conflict of interest that apply to employees of the Tennessee Board of Regents and its institutions. All employees are required to comply with all applicable laws. If there is a conflict between this policy and a state or federal law, the most restrictive requirements will control. See Exhibit 5 to this policy for pertinent federal and state laws.
  9. Sanctions 
    1. Failure to observe restrictions imposed as a result of review of a conflict of interest disclosure or a knowing failure to disclose a conflict of interest may result in disciplinary proceedings under TBR and Institutional policy.
  10. Appeals
    1. Decisions made by the Board of Regents may not be appealed.
    2. Decisions made by the Central Office Review Committee may be appealed to the Chancellor. Decisions of the Chancellor shall be final and binding.
    3. Decisions made by an Institutional Review Committee may be appealed to the President of the Institution. Decisions of the President shall be final and binding.
Exhibits: 
File 1-02-03-10 Exhibit 1.docx
File 1-02-03-10 Exhibit 2.pdf
File 1-02-03-10 Exhibit 3.docx
File 1-02-03-10 Exhibit 4.docx
PDF icon 1-02-03-10 Exhibit 5.pdf
Sources: 

Authority

T.C.A. § 49-8-203; All State and Federal statutes, codes, and/or rules referenced in this policy.

History

TBR Meeting March 20, 1992; TBR Meeting December 11, 1992; TBR Meeting June 11, 1998; TBR Meeting June 28, 2002; TBR Meeting September 26, 2003; TBR Meeting June 11, 2004; TBR Meeting September 25, 2008; August 20, 2014; ministerial revisions -Changed reference from T.C.A. 12-3-106 to 12-4-106 and made corrections to definitions changing relative to immediate family and corresponding different definitions to comply with change in statutes of 2013; Revised TBR Board Meeting September 19 & 20, 2019; Ministerial changes to Exhibit 3 November 10, 2022.

Related Policies: 
Purchasing Policy
Disposal of Surplus Personal Property
Outside Employment and Extra Compensation for Additional Assignments
Intellectual Property
Nepotism
Policy Number: 
9.01.02.00 (formerly G-140)
Policy/Guideline Area: 
Marketing and Communications
Applicable Divisions: 
TCATs, Community Colleges, System Office
Purpose: 

This policy describes a system for campus-based approval and numbering of publications created for community colleges and colleges of applied technology as required by local, state, and federal law, and TBR policy. The cited authorities set forth criteria, against which each campus will review the appropriateness of each publication, require that descriptive information be maintained in a central location and provide for affixing an identifying number to each covered publication.

Definitions: 

Definitions included in the overarching Marketing and Communications Policy (9.01.00.00) apply.

Policy/Guideline: 
  1. Publications
    1. Publications, including text, images, video, and other content, must follow local, state, and federal laws and other applicable marketing, communication, and branding policies and procedures, including those defined in TBR Policy 9.01.01.00, Branding and Trademarks.
    2. Whether new or revised, publications representing the College to potential students or potential employees must be reviewed, approved, and assigned a unique publication number by the Chief Marketing Officer (CMO) or designee.
      1. Colleges should document appropriate procedures for units, programs, and initiatives in local policy or guidelines to request publication creation and/or review.
      2. The CMO maintains the authority to remove any publications this policy covers from distribution.
    3. All Publications, whether developed internally by the college or externally for the College, must align with the College's pre-established marketing, branding, and communications guidelines and applicable policies to ensure key messages are disseminated in a manner that maintains consistency.
    4. The office of the CMO is responsible for creating, maintaining, and enforcing the College’s visual, editorial, and process guidelines.
    5. Publications, including all design files and assets, are the property of the College.
    6. The CMO or designee has the final authority to interpret the terms of this policy.
  2. Truthfulness and Substantiation
    1. All advertising, including publications, must follow local, state, and federal laws regarding truth in advertising and other consumer protection laws as outlined in TBR Policy 9.01.00.00, Marketing and Communications.
  3. Reporting
    1. CMOs shall evaluate publications annually to determine if the return on investment justifies continued publication.
    2. To assist with local, state, and federal laws regarding marketing publications, including advertising, a report should be given to the SCMO on publications by June 30 of each year.
      1. The System Chief Marketing Officer (SCMO) should provide reporting to College CMOs for the following year by July 1.
  4. Exemptions and Exceptions
    1. Exemptions and exceptions outlined in the overarching Marketing and Communications Policy (9.01.00.00) apply.
Sources: 

Authority

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

History

February 14, 1989 Presidents Meeting; December 12, 2023, Board approved (formerly G-140).

This guideline reiterates practices already in effect, as reflected in the statutes and rules cited and in Board staff memoranda to the Presidents dated June 9, 1982, and October 4, 1988.

Policy Number: 
G-130
Policy/Guideline Area: 
General Guidelines
Applicable Divisions: 
TCATs, Community Colleges, System Office
Purpose: 

This guideline advises the Tennessee Board of Regents (TBR) System Office and its constituent institutions, as recipients of federal funds, of the obligation under Title VI of the Civil Rights Act of 1964 to take reasonable steps to provide meaningful access to persons with Limited English Proficiency (LEP).

Definitions: 

Definitions are part of the body of the Guideline.

Policy/Guideline: 
  1. Access
    1. The Department of Justice defines persons with LEP as "those individuals who have a limited ability to read, write, speak or understand English." Because English is not the primary language of these individuals, they may have a limited ability to function in a setting where English is the primary language spoken, such as a TBR institution.
    2. TBR and its institutions may encounter LEP persons in the form of international students, faculty, staff and other individuals seeking services and access to programs.
    3. There are specific TBR policies and guidelines that deal with the ability to read, write, speak or understand English, including:
      1. Policy 2:03:00:00 "Admissions" - provides the basic English requirement for entering students.
      2. Guideline A-100 "Learning Support" - outlines learning support opportunities to assist students in reading and writing.
      3. Policy 2:08:30:00 "Admission and Delivery of Services to International Students and for the Employment and Delivery of Services to International Faculty and Academic Staff at TBR Institutions" - provides requirements related to English proficiency and the provision of professionally staffed ESL programs if the institution admits students not meeting those requirements.
    4. The provisions below apply to other situations involving persons with LEP.
      1. TBR System Office and campus staff will post services available to LEP persons in highly visible areas and also provide trained personnel to provide meaningful services and access to programs for these persons.
      2. TBR System Office and campus staff will promptly identify the language and communication needs of the LEP person who makes himself or herself known to the institution.
      3. TBR system Office and campus staff will then have options to address the LEP person's needs.
        1. These options may include but are not limited to:
          1. Using language identification cards (or "I speak cards") or posters to determine the language;
          2. Maintaining an accurate and current list showing the name, language, phone number and hours of availability of a staff interpreter, if applicable;
          3. Contacting the appropriate staff member to interpret, in the event that an interpreter is needed and/or if an employee who speaks the needed language is available and is qualified to interpret;
          4. If necessary, obtaining an outside interpreter if a staff interpreter is not available or does not speak the needed language.
    5. When translation of vital documents is needed, the appropriate Title VI Coordinator will submit documents for translation into frequently-encountered languages to the responsible staff person or interpreter. Documents being submitted for translation must be in final, approved form.
    6. TBR Title VI Coordinators will regularly assess the efficacy of these procedures, including but not limited to mechanisms for securing interpreter services, equipment used for the delivery of language assistance, complaints filed by LEP persons, and feedback from the public and community organizations.
    7. Individuals who believe they have not been provided reasonable access to LEP services may file a complaint with the appropriate Title VI Officer within 180 days after the last incident of denial.
Sources: 

Authority

T.C.A. § 49-8-203; Civil Rights Act of 1964, as amended.

History

New Guideline approved, Presidents Meeting November 7, 2012.  

Related Policies: 
Admission at the Community Colleges
Delivery of Services to International Students and Faculty

Pages

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