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Outside Employment and Extra Compensation for Additional Assignments : 5.01.05.00

Policy/Guideline Area

Personnel Policies

Applicable Divisions

TCATs, Community Colleges, System Office

Purpose

The purpose of this policy is to establish standards for permissible outside employment and the payment of extra compensation for additional assignments for employees throughout the TBR system.

Definitions

  • Outside Employment - any employment outside an employee’s regular employment with a TBR institution or the System Office. This includes self-employment.
  • Additional Assignment - an assignment of duties within the current employing Institution or System Office, but not within the existing job description of an employee of a TBR institution or the System Office.
  • Extra Compensation - compensation over and above the regular compensation of an employee of a TBR institution or the System Office paid for an additional assignment.
  • Overload Assignment - employment at your institution or another institution of higher education of no more than 2 courses per semester or quarter for extra pay.
  • Course - a unit of teaching that lasts one academic term.

Policy/Guideline

  1. Introduction
    1. Full-time employment with the Tennessee Board of Regents demands an individual’s full-time professional expertise, commitment, and energies, and the assigned teaching load of a TBR faculty member constitutes a full-time assignment.
    2. However, the Tennessee Board of Regents recognized the value to its students, its personnel, its member institutions, and to the citizens of Tennessee arising from outside consulting and other professional experiences in which members of the faculty and staff may engage. Such activities contribute to the economic development of the state and bring credit to the institution. These activities also create valuable links between the institutions and their communities.
    3. The Board also recognizes that, under certain conditions, employees may be requested to perform additional assignments for which extra compensation may be warranted.
  2. Outside Employment
    1. Upon initial employment, an employee must disclose any existing outside employment that they intend to continue and seek approval in accordance with this policy.
    2. Once employed, prior to engaging in outside employment, an employee must notify appropriate supervisors and the president, or his or her designee, of the nature of the employment and the expected commitment of time and obtain approval.
    3. The President or designee may approve outside employment and additional assignments only for efforts that:
      1. Are performed entirely outside of, and in addition to, normal working assignments and responsibilities;
      2. Do not interfere with assigned duties and responsibilities or with regular institutional operations;
      3. Are consistent with Tennessee Board of Regents policies and guidelines and with state law.
      4. Do not constitute a conflict of interest or compete with the institution’s education, research, or public service programs;
      5. Require only a reasonable time commitment from the employee; and
      6. Are not undertaken with an inappropriate claim that the individual is officially representing the institution in connection with the employment.
      7. If the employee is a part-time non-faculty employee of the system, approval may only be withheld if the outside employment creates a conflict of interest.
    4. If the employment involves other agencies, departments, or institutions of State government, it is subject to prior approval of the President, or appropriate representative of the other agency, department, or institution. Services rendered by a TBR employee to another state agency or institution of higher education will be paid by the contracting agency to the institution in accordance with the applicable TBR policies and procedures.
    5. Each institution shall develop procedures relating to outside employment and extra compensation for additional assignments that are consistent with Tennessee Board of Regents policy.
  3. Additional Assignments for Faculty
    1. Faculty acceptance of overload assignments, for instruction or other purposes, is strictly voluntary.
      1. Overload assignments should be employed only when situations arise which warrant such action.
      2. Overload assignments should not be employed on a long-term basis or in lieu of hiring qualified faculty or instructors to fill a continuing need.
      3. Supervisors must be careful to protect untenured faculty when making overload assignments and should make every effort to distribute overloads as staffing needs allow.
      4. Institutions may develop policies for faculty regarding outside employment and/or extra assignments that are more restrictive than the TBR policies but must be applied consistently for all full-time faculty members within that institution. All policies regarding outside employment, overloads, and extra compensation must be approved by the Tennessee Board of Regents Offices of Academic Affairs and General Counsel.
  4. Rates of Compensation for Additional Assignments to Faculty
    1. The minimum rates per credit hour of instruction, as articulated in TBR Guideline P-055 must be applied when calculating compensation for extra service for full- time faculty or staff teaching credit courses at community colleges or universities.
      1. Compensation for extra service must be commensurate with the instructor’s highest degree, rank, and experience, within their academic unit at their institution.
      2. With the approval of the Chancellor, Presidents or their designees may approve exceptions to these minimum rates when circumstances warrant.
      3. Presidents or their designees may approve rates that are greater than those stated in TBR Guideline P-055 as long as the rates are applied consistently for similar faculty (degree, rank and experience) within the same academic unit.
    2. The minimum rates per clock hour of instruction, as articulated in TBR Guideline P-050 must be applied when calculating compensation for extra service for full- time faculty or staff teaching at colleges of applied technology.
      1. Compensation for extra service must be commensurate with the individual’s highest degree, rank, and experience, within their academic unit at their institution.
      2. With the approval of the Chancellor, Presidents or their designees may approve exceptions to these minimum rates when circumstances warrant.
      3. Presidents or their designees may approve rates that are greater than those stated in TBR Guideline P-050 as long as the rates are applied consistently for similar faculty (degree, rank and experience) within the same academic unit.
  5. Exceptions - This policy does not apply to:
    1. To ordinary short-term professional activities such as participation in symposia, accreditation visits, speaking engagements, exhibitions, or recitals, even though honoraria may be received for such participation. Such activities are subject to the applicable laws and policies regarding conflicts of interest.
    2. To activities to be performed outside the employee’s contract period or during annual leave.
    3. To salaries paid to academic year faculty for teaching in inter-session or summer session, which are addressed in TBR Policy 5.02.04.10.
  6. Sanctions
    1. Failure to comply with the requirements of this policy will result in disciplinary action, up to and including termination of employment.

Sources

Authority

T.C.A. §§ 49-8-203; 49-5-410

History

TBR Meetings, March 10, 1979; September 30, 1983; TBR Meeting September 21, 1990; TBR meeting March 15, 2002, TBR Meeting December 2, 2005; Revised at Board Meeting March 21, 2019.