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3.2.4 |
The governing board is free from undue influence from political, religious, or other external bodies, and protects the institution from such influence. |
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X |
Compliance |
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Conditional Compliance |
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Non-Compliance |
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RATIONALE FOR COMPLIANCE JUDGMENT |
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The governing board for Nashville State Technical Community College is the Tennessee Board of Regents. The Tennessee Board of Regents is free from undue influence from political, religious, or other external bodies, and protects Nashville State from such influence.
The composition and powers of the Tennessee Board of Regents are set forth in Tennessee Code Annotated 49-8-201 through 49-8-203 [1,2,3]. The board consists of 18 members: 12 lay citizens appointed for six-year terms by the governor, with one from each of the state's nine congressional districts and three grand divisions; one faculty member from among the system institutions appointed by the governor for a one-year term; one student from among the system institutions appointed for a one-year term by the governor; and four ex-officio members--the Governor of Tennessee, the Commissioner of Education, the Commissioner of Agriculture, and the Executive Director of the Tennessee Higher Education Commission, who is a non-voting member. The practice of ensuring that board members are selected by four separate entities helps to protect the board and the institution from undue influence from any political, religious, or other external body.
As discussed in Comprehensive Standard 3.2.3, Section 4(d) of Tennessee Code 49-8-203 specifically states that no board member may have any financial interest in a transaction affecting the interests of any institution [3]. Tennessee Code 49-8-204 further requires the TBR to adopt a code of ethics for its board members [4]. This code of ethics is embodied in TBR Policy 1:02:03:20 [5]. Article 2, Section I of the policy defines and addresses conflicts of interest for board members, and states that “Each Regent will abide by the Board’s Conflict of Interest Policy 1:02:03:10…”. Article 3 of the policy outlines disclosure hearing and board member removal procedures in the event of violation of the TBR conflict of interest policy. These procedures give structure to the TBR mechanism for protecting the board against undue influence.
The Tennessee Board of Regents is governed by bylaws that clarify the role of the board; Part IV, Section 7 specifically addresses conflict of interest [6]. As discussed in Comprehensive Standard 3.2.3, TBR Policy 1:02:03:10 addresses conflict of interest and influence for board members by addressing guiding principles, defining and illustrating activities which constitute conflict of interest and inappropriate interest, and outlining the processes for appeal [7]. The policy also contains a copy of the Disclosure Statements which must be filed with the Secretary of the Board annually by all board members. The Disclosure Statements ensure transparency of board member intentions and obligations, thus insulating the board from undue influence from external bodies.
As described in its Operating Statement, TBR also subscribes to a concept of system-wide participation of campuses in the decision making process [8]. To ensure appropriate participation in the consideration of proposed board policies and system-wide decisions, all system-wide proposals are reviewed by a structure of system sub-councils, the presidents as a council, the board staff, and a board committee prior to their consideration by the board. This method of incorporating wide participation in the decision making process greatly strengthens the TBR system’s protection against undue influence from an external entity.
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DOCUMENTATION |
SOURCE LOCATION |
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[1] Tennessee Code Annotated 49-8-201 |
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[2] Tennessee Code Annotated 49-8-202 |
docs\TCA_49_8_202_Board_Authorization_to Hire_Chief_Executive.htm |
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[3] Tennessee Code Annotated 49-8-203 |
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[4] Tennessee Code Annotated 49-8-204 |
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[5] Tennessee Board of Regents Policy 1:02:03:20 |
docs\TBR_Governance_Policy_1_02_03_20_Board_Member_Code_of_Ethics.htm |
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[6] Bylaws of the Tennessee Board of Regents |
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[7] Tennessee Board of Regents Policy 1:02:03:10 |
docs\TBR_Governance_Policy_1_02_03_10_Conflict_of_Interest.htm |
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[8] TBR Operating Statement |