2018 Tennessee Code
Title 49 - Education
Chapter 8 - State University and Community College System
Part 2 - Board of Regents
§ 49-8-201. Composition.
(a)
(1) The board shall consist of eighteen (18) members, including four (4) ex officio members who shall be the governor, the commissioners of education and agriculture and the executive director of the higher education commission.
(2) The executive director of the higher education commission shall serve as a nonvoting member.
(3)
(A) Twelve (12) public members shall be appointed by the governor, one (1) of whom shall be from each congressional district, and three (3) at-large from different geographical areas of the state; provided, however, that after July 1, 2016, at-large appointments may be either residents from different geographical areas of the state or non-Tennessee residents.
(B) In appointing public members to the board, the governor shall strive to ensure that at least one (1) person serving on the board is sixty (60) years of age or older, that at least one (1) person serving on the board is an honorably discharged military veteran of the United States armed forces, and that at least one (1) person serving on the board is a member of a racial minority.
(C) Appointments made after January 1, 1995, shall alternate such that every other appointment of a new member to the board shall be a female until the membership of the board reflects the percentage of females in the population generally, after which this subdivision (a)(3)(C) shall cease to be effective.
(D) Beginning July 1, 2017, two (2) members, appointed by the governor, shall be current faculty members at a community college or college of applied technology governed by the board of regents, who served as faculty senate president or the equivalent during the academic year immediately preceding appointment as a regent. One (1) faculty member shall be a voting member and one (1) faculty member shall be a nonvoting member to allow a faculty member to serve one (1) year as a nonvoting member before becoming the voting member. The voting positions shall rotate among the institutions governed by the board of regents. Beginning July 1, 2017, the voting member shall be from a college of applied technology, and the nonvoting member shall be from a community college. The voting and nonvoting members shall each serve a one-year term. On July 1, 2018, the previous nonvoting member from a community college shall become the voting member, and a new nonvoting member from a college of applied technology shall be appointed. Thereafter, the voting and nonvoting positions shall rotate between the community colleges and the colleges of applied technology. The board of regents shall adopt a process ensuring that the position of faculty regent rotates among all of the institutions in the system.
(4) The terms of the first at-large members shall be two (2), four (4) and six (6) years, with the terms of the remaining initial eight (8) members to be one (1), two (2), three (3), four (4), five (5), six (6), seven (7) and eight (8) years. The terms for all public members shall begin July 1, 1972. As their terms expire, successors shall be appointed for nine-year terms; provided, that on April 26, 1988, the term shall be for six (6) years, and as each current term expires the successor appointee shall be appointed for a six-year term.
(5) The appointed members shall be subject to confirmation by the senate, but appointments shall be effective until adversely acted upon by the senate.
(6) Members shall be eligible for reappointment.
(7) If a vacancy occurs, except by reason of expiration of term, it shall be filled for the remainder of the term.
(8) Each of the two (2) leading political parties shall be represented by at least three (3) appointive members.
(9) [Deleted by 2018 amendment.]
(10) [Deleted by 2018 amendment.]
(11) At least one (1) of the appointed members shall be under thirty (30) years of age.
(12) The position of any at-large member of the board shall be vacated at such time as the member ceases to have the member's domicile in this state.
(13) The position of any member appointed from the congressional districts shall be vacated at such time as the member ceases to have the member's domicile in that district. However, no incumbent member shall be removed from the member's seat prior to the expiration of the member's current term as a result of changes in congressional districts occasioned by reapportionment.
(14) No employee of any public institution of higher education, any elected or appointed official or employee of the state or any member of a governing body for any institution of higher education may serve as a public member of the board while so employed.
(b)
(1) One (1) member of the board shall be a student who shall be appointed annually by the governor from a list of three (3) nominees selected and submitted no later than the month of April by the presidents of the student government associations or the equivalent of all state colleges of applied technology and community colleges.
(2) The student member shall serve for a term of one (1) year, commencing on July 1 following the member's appointment by the governor, and must retain status as a full-time student in good standing in an institution governed by the board of regents for the duration of the student's term on the board, except that a student member who graduates during the student's term as regent may complete that term.
(3) The student regent nominees shall be selected in accordance with the following provisions:
(A)
(i) One (1) nominee shall be enrolled at the time of nomination as a full-time student at a community college governed by the board of regents;
(ii) One (1) nominee shall be enrolled at the time of nomination as a full-time student at a college of applied technology;
(iii) One (1) nominee shall be enrolled at the time of nomination as a full-time student at any community college or college of applied technology governed by the board of regents, provided that neither of the other two (2) nominees is enrolled at the same institution;
(B) All nominees for the position of student regent shall be residents of this state; and
(C) A majority of the presidents of the student government associations or the equivalent of all state colleges of applied technology and community colleges governed by the board of regents shall constitute a quorum for the purpose of conducting business of the nomination. A two-thirds (2/3) vote of the quorum shall be required to effect all nominations.
(4) The chancellor of the board of regents, or the chancellor's designee, shall notify all presidents of student government associations or the equivalent at institutions governed by the board of regents of the necessity for the conference described in this subsection (b).
(c)
(1) The board shall hold at least one (1) stated meeting annually on a day or days determined by the board from year to year and at called meetings that may be necessary, to be called by the secretary, giving at least five (5) days' notice to the board members, but the board may adjourn the stated or called meetings to any date that it may set for adjournment.
(2) Meetings of the board shall be made available for viewing by the public over the internet by streaming video accessible from the board's website. Archived videos of the board's meetings shall also be available to the public through the board's website.
(d) The board shall elect from its members a chair and other officers it deems appropriate, shall determine their terms of office and shall adopt rules for the organization and conduct of business.
(e) Nothing in Chapter 869 of the Public Acts of 2016 shall be construed to affect the terms of the existing members of the board of regents. Amendments to or revisions of this section shall not affect the current members of the board of regents, who shall continue to serve until the expiration of their terms.
(f) (1) (A) Each state university board shall consist of ten (10) members of which nine (9) members shall be voting members and one (1) member shall be a nonvoting member. The nonvoting member shall be a student representative. Of the (9) voting members, at least six (6) members shall be residents of the state of Tennessee.
(B) Eight (8) of the voting state university board members shall be appointed by the governor.
(C) At least three (3) of the members appointed by the governor shall be alumni of the institution for which they are serving. "Alumnus" shall mean a person who is a graduate of the institution.
(D) In making appointments, the governor shall strive to ensure that the state university boards are composed of members who are diverse in sex, race, perspective, experience, and honorable military service.
(E) One (1) voting board member shall be a faculty member of the institution who shall be selected in a manner determined by the faculty senate of the respective institution.
(F) The nonvoting student member shall be appointed by the state university board.
(2)
(A) The initial terms of the members appointed by the governor to a state university board shall be three (3), four (4), and six (6) years. Three (3) members shall serve a three-year term; three (3) members shall serve a four-year term; and two (2) members shall serve a six-year term. As the initial terms of the initial board members expire, successors shall be appointed for six-year terms.
(B) The faculty member shall serve a term of two (2) years.
(C) The nonvoting student member shall serve a term of one (1) year.
(3) The eight (8) members of a state university board appointed by the governor shall be subject to confirmation by the senate and the house of representatives, but appointments shall be effective until adversely acted upon by joint resolution of the senate and the house of representatives.
(4) State university board members appointed by the governor shall be eligible to serve for two (2) consecutive terms. A member who serves two (2) consecutive terms on a state university board may be reappointed after at least four (4) years have elapsed since the member's last date of service.
(5) If a vacancy occurs by death or resignation, the vacancy shall be filled for the remainder of the term. If a vacancy occurs by reason of expiration of term, the board member whose term is expiring shall serve until a successor is appointed.
(6) The following individuals are prohibited from serving as a member of a state university board for so long as they hold the office or position:
(A) Employees of any public institution of higher education; except those faculty members appointed to the board under subdivision (f)(1)(E);
(B) Elected or appointed officials;
(C) State employees; and
(D) Members of a governing body for a public institution of higher education.
(7)
(A) The Tennessee higher education commission shall coordinate and administer an orientation training program, as well as an ongoing continuing education program, for governing board members. This training shall include a perspective on higher education that incorporates national experts in higher education governance. This training shall address the roles and responsibilities of governing boards; the legal and ethical responsibilities of trustees; the board's role in upholding academic standards, intellectual diversity, and academic freedom; budget development; presidential searches and evaluation; the role of higher education in K-12 collaboration; and setting strategic goals. Initial training shall be conducted prior to the first called meeting of the board. In subsequent years, all newly appointed members shall attend orientation seminars within their first year of service.
(B)
(i) Each state university board's first meeting after all members have been appointed shall be upon the call of the governor, at which point the state university boards shall assume responsibility for the management and governance of their respective institutions.
(ii) The state university boards thereafter shall meet at least four (4) times each year.
(iii) Meetings of the state university boards shall be made available for viewing by the public over the internet by streaming video accessible from the respective institution's website. Archived videos of the board meetings shall also be available to the public through the respective institution's website.
(8)
(A) A state university board shall elect from its members a chair and other officers the board deems appropriate. The chair shall serve a term of two (2) years.
(B) The board shall adopt by-laws and rules for the organization and conduct of its business.
(C) To the extent that the policies and guidelines adopted by the board of regents as of July 1, 2016, are applicable to the state university boards and their respective institutions, such policies shall be deemed the policies and guidelines of the state university boards and their respective institutions until rescinded or revised by the respective state university boards. Boards shall adopt a policy that facilitates ongoing professional development for members.
(g) Board of regents and state university board members shall receive no compensation for their services, but shall be entitled to reimbursement for travel expenses incurred in the performance of their official duties, in conformity with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
