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2.6.1 Black Staff Development Program
This program, authorized by the Geier Stipulation of Settlement, enables black staff members to obtain advanced degrees and become eligible for positions of higher rank and salary within all institutions of higher education in Tennessee. Its intent is to prepare the employee to assume more complicated and significant duties. This will be accomplished through the ultimate placement of the employee in such a position based upon the employee's performance, career preferences, and the immediate and long range needs of the Tennessee Board of Regents and the University of Tennessee Systems.
The president of each institution shall designate a Black Staff Development Program coordinator for that campus. The University's Affirmative Action Coordinator serves as coordinator for this program. This coordinator shall be responsible for general overview of the program and its participants and shall be responsible for insuring the program's effective and equitable operation. The program coordinator shall: assist in identifying areas into which program participants can be advanced, identify the eligible population of black staff at the institution, serve as a contact for black applicants to the program in the selection process, chair the screening committees, monitor the participants' progress through the program, coordinate their ultimate placement, and, as approved by the president, act as campus liaison with the Tennessee Board of Regents and other institutions on issues such as funding, inter- institutional placements, etc.
The placement of development program participants will be an institutional obligation as the final phase of the program. This placement will normally occur at the institution where the participant is employed. However, if opportunities exist at other public higher education institutions in Tennessee for which the individual is qualified, then an inter-institutional placement may be made, subject to the participant's discretion and the approval of the presidents of the institutions involved. Ideally, the placement should be made to a position identified at the program's inception.
A. Eligibility
The participant selection process should use equitable and objective screening criteria in recommending participants for the Black Staff Development Program. This program is designed to provide certain Tennessee Board of Regents black non-faculty employees with professional development experiences that will enhance their capabilities and facilitate their advancement to higher level positions in a Tennessee higher education institution. Employees will be selected to participate in this program on an annual basis. Therefore, allocation of funding in any given year will be at the discretion of the sponsoring institution. Each institution will identify positions into which a black staff member could be advanced after proper preparation and training. These positions may be currently authorized or may be established through the budgetary process prior to the development of the individual selected. The identified positions should involve duties of significant magnitude and scope in areas beneficial to the overall effective operation of the institutions.
1. Employees eligible for this program are defined as all black administrative, professional staff and other black non- academic employees. While priority will be given to those who possess a minimum of two years of college credit, consideration will be given to the employees who do not meet this requirement.
2. The employee should be a regular full-time employee, in good standing, who has completed the six (6) month probationary period. Specifically, a black staff employee would be eligible if: he/she is in a position classified as administrator, professional or non-faculty. Further, he/she should possess at least two (2) years of college credit,although this requirement may be waived.
3. Formal notice of the development opportunities will occur at each institution by way of direct correspondence with the black staff identified as being eligible. In addition, notices should be posted on bulletin boards and in any available campus newsletters. These notices should instruct any interested employees to contact the program coordinator within a specified time period.
4. The criteria used in selecting the program participants from the applicants interested will be as follows:
Confirmation of the successful completion of two (2) years of college work, unless this requirement has been waived; job requirements of the positions identified for advancement; individual employee's professional objectives, motivation and evidence of interest in the program's opportunities; institutional short and long term personnel needs; and employee performance appraisals.
5. The application process shall begin when the qualified black staff member expresses interest by notifying the program coordinator. After initial screening by a committee, selected applicants will be interviewed by a screening committee chaired by the coordinator and representatives from the functional areas in which the ultimate placements will occur.
6. After the committee's determination, the chairman shall give the committee's recommendation to the president. The president will then make his/her decision for the final selection of program participants. After the chosen participants have been communicated to the campus president, the chairman of the screening committee shall notify the participant in writing of his/her selection. Non-successful applicants shall also be notified in writing of their status. Once a participant has been selected for a program year, that participant will be required to enter into a written agreement with the institution, reflecting the requirements of the program and penalties for breach of the agreement, prior to the distribution of any funds on behalf of the participant (See Exhibit EB- 8).
7. The status of an employee on the published first day of classes for each term determines eligibility for participation in this program. Any change in status after the first day of classes shall not affect eligibility for that term or the amount of assistance received.
B. Fees Paid/Type Course Paid/Number of Hours
At the institution's discretion, any of the following benefits may be provided: These expenses for credit courses include fees such as maintenance fees, tuition, debt service fees, service charges and incidental fees payable at the time of registration.
1. A participant's approved tuition-related expenses for credit courses may be reimbursed. The term does not include room, board and supplies. Books required for the participant's approved course of study will be reimbursed.
2. Where a participant's approved course of study is away from the home institution, expenses for room and board may be reimbursed.
3. Mileage for travel expenses for attending any class pursuant to the participant's approved course of study. This provision applies only to participants whose round trip mileage exceeds 50 miles per trip. The actual mileage reimbursement rate and number of reimbursable miles shall be determined pursuant to the Tennessee Board of Regents General Travel Policy (See Accounting Policies and Procedures, Section 4) as amended from time to time.
C. Payback Provisions
1. In exchange for reimbursement of allowable expenses, a participant will commit to work for the sponsoring institution or if no appropriate employment is available, at one of the other Tennessee Board of Regents institutions or within the University of Tennessee system, for a period of time by selecting one of the two formulae listed below. This election shall be made by the participant upon completion of participation in the program.
a. The participant will agree to remain in the employ of the institution for a period of not less than one (1) year of full-time employment for each full- time equivalent year of participation in the program . (Full-time participation shall be defined as thirty (30) hours of undergraduate work or twenty-four (24) hours of graduate work), or
b. The participant will agree to remain in the employ of the System/institution until such time as the actual gross salary earned by the participant equals the actual amounts disbursed to or on behalf of the participant. For example, if the participant has received $30,000 to complete an approved program and his/her annual gross salary at the completion of the program is $30,000 he/she will be obligated to work one year in the System.
2. If the participant leaves the employment of the Tennessee Board of Regents System prior to the completion of the payback period he/she will be required to repay a pro rata portion of the funds disbursed for his/her course of study in relation to the period of time remaining on his/her work obligation. An exception to this requirement will be allowed if the participant leaves the employment of the Tennessee Board of Regents System for employment with the University of Tennessee System and remains so employed through the payback obligation period. The contract specifies that if employment is terminated prior to fulfillment of the employment obligation, the final paycheck and check representing the amount of accrued, but unused annual leave may be withheld as repayment of the financial obligation. If such amounts are insufficient to recoup the amount owed by the employee, the institution has the option of pursuing one of two methods to achieve repayment as stated below:
a. The amount or balance owed shall become an account receivable and the institution shall follow the procedure outlined in the Tennessee Board of Regents Guideline B-010, Accounts Receivable - Employee Receivables. If payment in full is not obtained, the debt shall be assigned to a collection agency; or
b. The employee will be required to execute a promissory note (See Exhibit EB-3) acknowledging receipt of the grant and containing repayment terms and conditions consistent with the grant agreement prior to the employee leaving the institution should he/she fail to fully complete the employment requirements of this contract. The promissory note shall include the following terms:
1. The recipient agrees to pay all attorney's fees and other costs and damages necessary for collection for any amount not paid when due.
2. The recipient agrees to pay interest at the rate of 8% per year on any amount not paid when due.
3. Failure of institution to provide notices hereunder or make demands shall not be deemed a waiver of any rights hereunder.
3. The work payback obligation will begin upon the completion of the participant's course of study or at such time as he/she withdraws from the program regardless of which payback option is chosen.
4. Each participant shall be required to provide the president with official grade reports for each semester. The process will be finalized with overall evaluation at the end of the program period, prior to placement. (Continual participation is dependent upon the recipient's satisfactory progress toward completion of a course of study.)
D. When The Participant May Attend
1. A participant may obtain release time from current duties for formal coursework. Flextime or a flexible work week schedule may also be available in lieu of release time. Release time from current duties may be provided along with full or partial fee remission for the recipient to attend classes to: (1) finalize a baccalaureate degree, (2) obtain a master's degree, or (3) obtain a doctorate. The program participant may be temporarily assigned to duties of apprenticeships/internships in specified administrative offices for a designated time period. During this time, the participant shall receive exposure to and guidance in the effective administration of the relevant functional area in a systematic fashion. During this time, full salary, benefits and annual salary increases should remain intact for both release time and apprenticeships/internships.
2. The professional development may include attendance at training seminars and conferences of national and regional professional organizations; opportunities to enroll in courses of study/development; and apprenticeships and internships. The intent of these development experiences is to prepare the employee to assume more complicated and significant duties within the designated field.
E. Accounting/Budgeting Provisions
1. Employees will be selected to participate in this program on an annual basis. Therefore, allocation of funding in any given year will be at the discretion of the sponsoring institution.
2. One-half the funding for the participant will come from general campus operating budget and one-half will come from the special desegregation appropriations.
3. Release time is based upon the number of hours taken by the participant each semester. Funds for release time are granted to each participant from the desegregation appropriation and the general campus operating budget as noted above. The unused portion of the participant's salary remaining in the general campus operating budget is then used to hire student workers, part-time help, etc. to cover the work while the participant is in class.
F. Where The Participant May Attend
Participants may attend public and private institutions of higher education. Requests for tuition and fee costs for participants attending an institution will be reimbursed at the current semester hour rate for that institution.