AFFIRMATIVE ACTION PLAN FOR EQUAL EMPLOYMENT OPPORTUNITY
FOR THE TENNESSEE BOARD OF REGENTS
1415 Murfreesboro Road, Suite 350
Nashville, TN 37217

CHIEF EXECUTIVE OFFICER EEO COORDINATOR
CHANCELLOR CHARLES W. MANNING
DEBBIE G. JOHNSON
ASST. VICE CHANCELLOR FOR HUMAN RESOURCE DEVELOPMENT

Table of Contents

Volume A

Section I. Affirmative Action Plan for Equal Employment Opportunity

A. Introduction

B. Statement of Policy

C. Dissemination of Equal Opportunity Policy Statement

D. Responsibility for Implementation

E. Support of Action Programs

Section II. Affirmative Action Plan for Disabled & Vietnam Era Veterans

A. Statement of Policy

B. Dissemination of Policy

C. Responsibility for Implementation

D. Summary of Action Steps

Section III. Policy Statements

A. Introduction

B. Statement of Policy

C. Assignment of Responsibility

D. Identification of Problem Areas & Corrective Action

Section IV. Internal Audit and Reporting System

A. Introduction

B. Description of Personnel Policies and Procedures

C. TBR Affirmative Action Report

Section V. Executive Summary

Staff Information

Volume B

A. Tennessee Board of Regents Organizational Chart

B. Workforce Analysis

C. Job Group Analysis

D. Availability Analysis

E. Goals and Summary Forms

Section I

Affirmative Action Plan for Equal Employment Opportunity - Introduction

A. This report contains the revised Affirmative Action Plan for the TBR Central Office effective November 1, 2000. The modifications and revisions which are detailed here are consistent with the Tennessee Board of Regents policies and guidelines and applicable Federal and State laws.

The Tennessee Board of Regents has a commitment to enhance human rights and equality in education and employment. This commitment to the ideals of equal rights, equality, opportunity and affirmative action has been codified in an affirmative action posture statement.

The revised policy is judged to be in conformity with the regulations of OFCCP & DOL.

Workforce Analysis

The method used in preparing this component of AAP follows guidelines set forth by federal agencies. The method is presented below, and the actual workforce analysis arrays are displayed in detail in Volume B. The workforce analysis consists of a list of each occupational title and occupational code within EEO category, within division, and within job family.

Volume B contains the workforce analysis by occupational title and occupational code ranked from the lowest to the highest paid position employee within EEO category, within department, and within job family.

Utilization Analysis

The utilization analysis consists of two (2) major components: the job group process and the availability assessment associated with each job group. Information pertinent to the availability analysis, workforce utilization, and goals and timetables, are presented in Volume B.

Job Grouping

All existing job group classifications were reviewed to ensure conformity with the requirements set forth in 41CFR 60-2.11 (B) (as amended). Few, if any, formal or informal lines of progression exist at the Central Office. Existing classifications were grouped based on the following criteria:

Wage rates

Opportunities

Similar utilization patterns

EEO-6 categories

Level of responsibility

Availability Assessment

To utilize the job groupings prepared in accordance with the above format, availability data were collected using as guidelines the "8 point factor computation method" specified in CFR60-2.11 (b). Availability statistics were collected from appropriate recruitment sources (local, state and national figures, higher education statistics, etc. using 1990 Census data where available) for classifications in each job grouping for clerical and support, professional non-faculty and administrative positions. In all cases, availability statistics were chosen which most closely matched the nature of the jobs under consideration. The factor relating to the "existence of training institutions capable of training persons in the requisite skills" (#8) was considered only to the extent that the requisite skills were attainable within training programs, factor #9 and factors 1 - 3 were not deemed applicable for the very highly technical and skilled jobs. Factors 4 & 5 were used mostly in weighing professional and administrative groups.

Goals and Timetables

The percentages derived from the above availability assessment were compared to the workforce utilization analysis statistics to determine where under-utilization existed for specific job groups. Where such under-utilization was present, goals and timetables have been established based upon the estimated annual rate of turnover for job groups within each EEO-6 category. Anticipated vacancy rates used to compute the goals and timetables were determined on a departmental basis due to their unique characteristics and the effect of budget allocations within each division.

Job groups which require the setting of goals and timetables will be designated as "problem areas" and will receive special attention during the forthcoming year. The Office will make every effort to ensure that departments having titles within job groups that are under-utilized in terms of female and/or minority employee representation act aggressively in pursuing the employment of such persons so as to eventually eliminate the under-utilization. Additionally, departments having met goals will make every effort to maintain that status.

Assessment of Progress with Respect to Meeting Prior Goals and Timetables

The most important part of any affirmative action program and plan is the actual progress which the organization makes in achieving its previously established goals and timetable. In Volume B, the chart reflects net changes in the ultimate goals for the EEO-6 categories. As can be seen from the analysis, considerable progress has been made in meeting established goals and timetables from some EEO-6 categories during a period of severe budgeting problems. Nevertheless, the Office will continue to pursue an aggressive affirmative action posture until all established goals and timetables have been eliminated.

Wage and Salary Administration

In the area of position evaluation and classification, new positions are established and existing positions are reclassified based on position descriptions and/or questionnaires completed by the departments concerned. These descriptions or questionnaires are submitted by the departments through their administrative channels to the Office of Human Resources. The Office of Human Resources will evaluate the position based on information derived from both position description and through on-site audits when necessary. The Office of Human Resources shall prepare and submit recommendations concerning the position descriptions, evaluations, and pay and forward them to the appropriate Vice Chancellor/General Counsel for review and finally to the Chancellor for action.

Salary ranges have been established with minimum and maximum pay levels. The compensation system takes into account market place conditions which may significantly affect the salary range of any classified position. The "going rate" for all positions is constantly monitored through recruitment activities and salary survey data.

The salaries of employees are monitored and periodic reviews are made with respect to compliance with the Equal Pay Act.

Future Plans

One of the major challenges to the Tennessee Board of Regents in the future will be its ability to generate the resources and commitment needed to make institutions of higher education more responsive to the needs and rights of minorities, females, persons with disabilities, and Vietnam Era Veterans, among others. The task of providing equal representation in employment and education is a difficult undertaking, yet it is a problem which has been recognized by thoughtful people everywhere. The fact remains, however, that as long as the number of protected class applicants is proportionately less than market demands for their talents, the possibility for significantly altering patterns of representation in workforces will be minimal. Despite these obvious difficulties, the Tennessee Board of Regents will continue to promote policies and actions which are directed toward enlarging the pool of candidates from protected classes and to increase their representation in all levels of the organizational structure. Careful monitoring of advertising plans and acceptable applicant pools will be observed. As directed by the policy/guideline, direct contact will be made with Blacks, females and other minorities for vacancies which show under-utilization. Additionally, the Central Office will follow rules, regulations, and goals as set out in the Geier consent decree of Dec'00.

B. Statement of Policy

It is the policy and intent of the TBR Central Office to provide equal opportunity in employment to all persons. The TBR emphasizes its commitment to equal opportunities for all individuals and provides a program of affirmative action to ensure equal employment opportunity. The policy applies to all phases of the personnel process, including recruitment, hiring, placement, promotion, demotion, transfer, training, compensation, all other employment terms, conditions and benefits, discipline and separation; and the policy applies to the use of all its facilities.

To implement the declaration of policy herein, the office insures that all applicants for employment and all staff are aware of the location of the Central Office Affirmative Action policy. The policy is widely disseminated inside and outside the office. Further, the Central Office will consider, through a designated grievance procedure, the complaints of any person who feels that he/she has been discriminated against on the basis of race, color, sex, religion, national origin, age, handicap or veteran status.

Responsibility for implementation and compliance of this policy has been delegated to Debbie Johnson, Affirmative Action Compliance Officer.

A copy of the Affirmative Action program, including specific responsibilities and provisions for implementation and compliance, will be made available to any employee who requests it.

C. Dissemination of Equal Opportunity Policy Statement

The internal and external policy dissemination program has been designed for the following reasons:

1. To foster better communication of the non-discrimination/affirmative action policies to the Tennessee Board of Regents' employees;

2. To create a forum for the discussion of these policies.

3. To establish better communication with local agencies and associations concerned with human rights; and

4. To create a level of awareness and concern which will enable the Tennessee Board of Regents to have a more diversified workforce.

Internal Dissemination

1. The policy will be included in the future edition of the Central Office's Procedures Manual.

2. Training sessions to communicate legal requirements will be conducted with executive, management, and supervisory personnel to explain the extent of the policy and individual responsibility for effective implementation, emphasizing the chief executive officer's commitment. Valuing diversity training sessions will be conducted with all employees to discuss policy and explain individual employee responsibilities and increase level of awareness.

3. The policy will be discussed in new employee orientation.

4. The equal opportunity policy will be posted in highly visible areas.

5. The existence of the affirmative action programs will be communicated to all employees and employees will be encouraged to avail themselves of its benefits.

6. A copy of the Affirmative Action Plan will be distributed to all Vice Chancellors/General Counsel at the Central Office and placed in the office of the Assistant Vice Chancellor for Human Resources for review by all employees and interested persons. These communication procedures will be evaluated periodically to determine their adequacy in disseminating information about the equal employment opportunity policy and in encouraging active support for the policy.

7. Special lists of minority and female organizations are maintained and will continue to be reviewed annually for their effectiveness as recruitment sources.

8. Employment applications will continued to be reviewed periodically to determine compliance with the latest state and federal EEO/AAP regulations to ensure that each applicant is provided the maximum opportunity to display his or her job-related qualifications.

External Dissemination

1. All recruiting sources will be informed verbally and in writing of the Tennessee Board of Regents' equal opportunity/affirmative action policy and that women, minority, and disabled applicants are encouraged to apply for all vacant positions.

2. The equal opportunity clause will be incorporated in all purchase orders, leases, and contracts.

3. Prospective employees will be informed of the policy by the job announcement where the notation EEO/AA will continue to be included.

D. Responsibility for Implementation

As reflected in the equal opportunity statement made by the Chancellor, the Tennessee Board of Regents is committed to realistic implementation of its Affirmative Action Plan and programs.

Responsibility for coordination and implementation of the Central Office Affirmative Action policies and procedures rests with the Affirmative Action Officer. The name, address, and phone number of the Affirmative Action Officer is circulated on all internal and external communications regarding the Tennessee Board of Regents equal opportunity programs. The Affirmative Action Officer is available to assist all levels of management as they are involved in the implementation process. The Officer also advises employees who have questions or problems relating to the equal opportunity/affirmative action program. Ms. Debbie Johnson, the Affirmative Action Officer, has responsibilities which include, but are not limited to, the following:

1. Develops and recommends policy statements, affirmative action, and valuing diversity training programs and internal communication techniques.

2. Assists in the identification of problem areas and establishment of goals and objectives.

3. Assists in finding solutions to concerns in the equal opportunity area.

4. Along with the Office of Research/Assessment, designs and implements audit and reporting systems that will:

(a) Measure the effectiveness of the Central Office and System Tennessee Board of Regents' programs,

(b) Indicate the need for remedial action, and

(c) Determine the degree to which the Tennessee Board of Regents' Central Office and System goals and objectives have been attained.

5. Serves as liaison between the Tennessee Board of Regents and enforcement agencies.

6. Serves as liaison between the Tennessee Board of Regents and minority and women's organizations and community action groups concerned with employment opportunities for women, minorities and persons with disabilities.

7. Keeps management informed of the latest developments in the equal opportunity area.

8. Conducts periodic audits of hiring, promotion, termination and transfer patterns to remove impediments to the attainment of goals and objectives.

9. Participates in programs and activities sponsored by local minority, women's and disabled person's organizations.

10. Provides leadership in the implementation of affirmative action, such as:

Supervisors will be informed that their work performance is being evaluated on the basis of their affirmative action equal opportunity efforts and results, as well as other criteria;

11. Conducts regular meetings with Affirmative Action Officers in the System.

12. Ensures that career counseling for educational assistance programs is available for employees.

13. Conducts periodic audits to ensure that the Tennessee Board of Regents' facilities are in compliance with the following policies and procedures:

(a) EEO posters and the equal opportunity policy are properly displayed,

(b) All facilities which the Tennessee Board of Regents maintained for the use and benefit of its employees are in fact desegregated in policy and use and are accessible to persons with disabilities; and,

(c) Minority and female employees are afforded a full opportunity and are encouraged to participate in all Tennessee Board of Regents sponsored educational, training, recreational and social activities.

14. Reports the status of the affirmative action program to the Chancellor on an annual basis. Conducts the necessary availability and utilization analyses.

15. Adheres to the policy and intent of the Affirmative Action Plan by promoting progress toward the goals and objectives of the Plan, ensuring that appropriate steps are taken throughout their respective departments and holding supervisory staff and employees accountable for promoting equal employment opportunities in the workplace. Each line manager should periodically review position descriptions to ensure that they adequately reflect the job being performed.

16. Reviews vacancies and new positions with the institutional officers and gives assistance as needed to ensure compliance.

17. Career counseling for employees.

18. Review of the qualifications of all employees to ensure that minorities and women are given full opportunities for transfer and promotion.

The Affirmative Action Officer monitors the results of action by making known the Officer's desire and commitment to employ members of minority groups and women through regular and frequent contacts with employment agencies, schools and other agencies, and through identifying, to the extent possible, persons with requisite skills and talents for projected openings within job categories throughout the Office.

Vice Chancellors and the General Counsel have the following responsibilities:

1. Assistance in the identification of problem areas and establishment of goals and objectives.

2. Periodic audit of hiring and promotion patterns to remove impediments to the attainment of goals and objectives.

3. Active involvement with local minority organizations, community action groups and community service programs.

4. Regular discussions with managers, supervisors, and employees to be certain the affirmative action policy is being followed.

5. Supervisors should be made to understand that their work performance is being evaluated on the basis of their equal employment opportunity efforts and results, as well as other criteria.

6. It shall be a responsibility of supervisors to take actions to prevent harassment of employees place through affirmative action efforts. The attached Progress Analysis and Projected Activities Chart includes reference to each of the items contained in Section 60-2.21, Revised Order 4.

7. Review of the qualifications of all employees to ensure that minorities and women are given full opportunities for transfer training promotions.

AFFIRMATIVE ACTION

PROGRESS ANALYSIS AND PROJECTED ACTIVITIES

2000-01

Dissemination of Policy

Phase

ACTION

RESPONSIBLE FOR MONITORING

Reaffirmation of policy statement to be included in future editions of Policy Manuals. Affirmative Action Officer
   
Supervisory meetings on Affirmative Action Policy and valuing diversity. Affirmative Action Officer, Vice Chancellors, General Counsel
Revised affirmative action policy will be explained to all management personnel. Affirmative Action Officer and Vice Chancellors, General Counsel
Employees of Tennessee Board of Regents (other than supervisory) will be informed regarding the Affirmative Action Program as revised. Affirmative Action Officer and Vice Chancellors, General Counsel
Inclusion of equal opportunity policy in orientation sessions for staff. Affirmative Action Officer and Department of Human Resources
Minorities and women featured in publications of the Tennessee Board of Regents Affirmative Action Officer and Vice Chancellors
The Employees of the Tennessee Board of Regents have received copies of the Affirmative Action Policy Statement and copies of progress reports have been made available to interested employees. Affirmative Action Officer and Department of Human Resources
Recruiting sources informed verbally and in writing of the Tennessee Board of Regents' policy of non-discrimination and affirmative action. Affirmative Action Officer and Department of Human Resources
Equal opportunity clause is incorporated in contractors purchase orders. Affirmative Action Officer and Vice Chancellor for Business and Finance
Minority and female organizations utilized in recruitment are notified in writing of policy. Affirmative Action Officer, Department of Human Resources and Department Supervisors
Communication of policy on non-discrimination and Affirmative Action Program to prospective employees. Affirmative Action Officer and Department of Human Resources
Application forms, Posters, Visitation to Area Schools, State Employment Office, where minorities and females usually apply for employment. Affirmative Action Officer, Department of Human Resources, Vice Chancellors, General Counsel
Minorities and females are featured in news stories and articles published about employee promotions and other activities. Affirmative Action Officer, Assistant to Chancellor
Written notification on purchase orders, bids, contract terms and conditions is given to all subcontractors, vendors and suppliers regarding Affirmative Action Policy. This transmittal of agreement is mandatory for all vendors and suppliers and is requesting appropriate action on their part to comply. Affirmative Action Officer, Vice Chancellor for Business and Finance
Appointment of Equal Opportunity/Affirmative Action Officers Chancellor
The responsibilities and duties of the Affirmative Action Officer has been described and includes those items contained in Section 6-2.22, Paragraphs (s) Revised Order 4. Chancellor
Responsibilities of all levels of management are shown in the Affirmative Action Plan. Chancellor
Senior Staff assists in identifying problem areas and the development of goals and objectives. Chancellor and Affirmative Action Officer
Managers throughout the Tennessee Board of Regents are active in minority and female community programs. Affirmative Action Officer, Managers at all levels
Audits of educational assistance, training, hiring, promotions, terminations and transfers are conducted annually. Affirmative Action Officer
Managers at all levels receive orientation about the equal opportunity policy to ensure that the plan is being followed. Affirmative Action Officer, Department of Human Resources and Senior Staff
Career counseling is offered to all employees desirous of being informed of career opportunities at the Tennessee Board of Regents. In addition, supervisors are advised of educational assistance programs available for employees and asked to encourage attendance by employees. Affirmative Action Officer, Department of Human Resources, Supervisors and Vice Chancellors
Periodic Audits are conducted to ensure that posters are displayed, facilities are desegregated, minorities and female employees get a full opportunity in education training and other activities. Affirmative Action Officer

E. Support of Action Programs Members of the Tennessee Board of Regents Central Office and institutions have been appointed to serve on community relations boards and similar organizations, and Tennessee Board of Regents supports programs developed by the National Alliance of Business and other organizations concerned with employment opportunities for minorities and women.

The Tennessee Board of Regents supports vocational guidance and training programs and assists secondary schools and colleges in programs designed to enable its female and minority graduates to compete in the open employment market on a more equitable basis, as well as providing a curriculum which assists its graduates in doing so.

IV. Action Oriented Programs

The following "action oriented programs" have been designed to assist in disseminating the Tennessee Board of Regents' equal employment/affirmative action policies and goals.

1. WHAT: Provide support for institutional educational assistance to allow employees to participate in classes and training courses helpful for job performance and advancement and to compete more equitably in the marketplace.

WHO: General Counsel and Central Office Affirmative Action Officer.

WHEN: Every fall

2. WHAT: Maintain and update a list of community and group organizations for distribution of employment information to other protected groups.

Prepare human resources recruiting segment on TBR home page.

a. Urban League

b. Job Services

c. State Employment Security (AA Job Orders)

d. Rehabilitation Centers

e. Retired Veterans

f. Home page, TBR

WHO: Affirmative Action Officer

WHEN: December 1989, ongoing

3. WHAT: Develop new TBR Central Office application forms and recruitment and selection internal personnel procedures and campus review of application forms.

WHO: Affirmative Action Officer

WHEN: November 1989, ongoing

4. WHAT: Prepare Affirmative Action reporting calendar for institutions and Central Office.

WHO: Office of Research and Assessment

WHEN: each fall

5. WHAT: Meet quarterly, or as needed, with System Affirmative Action Officers to discuss affirmative action/EEO issues.

WHO: Assistant Vice Chancellor for Human Resource Development

WHEN: Quarterly

6. WHAT: Promote harmonious employee relations by providing valuing diversity training regarding personnel policies and fair employment to supervisory employees and staff, increasing employee awareness and acceptance of race/cultural/sex/disability differences among employees, and the prohibition of unlawful harassment of employees in the workplace.

WHO: Affirmative Action Officer and General Counsel

WHEN: annually

 

7. WHAT: Review and recommend revision of campus application forms for students and employees to ensure non-job-related items are eliminated.

WHO: General Counsel

WHEN: November 1990, on-going

8. WHAT: Periodically inspect EEO information posters.

WHO: Affirmative Action Officer

WHEN: Quarterly

9. WHAT: Revise and update job descriptions for all employees.

WHO: Assistant Vice Chancellor for Human Resource Development

WHEN: October 1990, on-going

10. WHAT: Use exit interview information and obtain documentation for all terminations to determine if trends of discrimination exist.

WHO: Assistant Vice Chancellor for Human Resource Development

WHEN: Ongoing

11. WHAT: A better mechanism for processing of grievances "in-house," publicizing and disseminating the Board's EEO/AA plan to all employees, will be designed. Also, the General Counsel will coordinate with the Vice Chancellors to document the board's support for local and national programs which seek to promote equality of opportunity for women and minorities.

WHO: Assistant Vice Chancellor for Human Resource Development and General Counsel

WHEN: November 1989, ongoing

12. Development of Systemwide training and activities are encouraged for all System and Central Office Affirmative Action personnel. This year, a Title VI training seminar was conducted.

AFFIRMATIVE ACTION PLAN

For Employment of Disabled Persons,

 

Disabled Veterans and Vietnam Veterans

 

Tennessee Board of Regents

 

Volume A

Section II

 

Section II.

Affirmative Action Plan for Disabled and Vietnam Era Veterans

A. Statement of Policy

The Tennessee Board of Regents reaffirms its commitment to equal opportunity for disabled applicants and employees, and disabled veterans and Vietnam Era veterans without regard to physical or mental disability or status as a veteran with respect to persons with disabilities as defined herein, the Board is committed to focusing on ability rather than disability. Reasonable accommodations will be made to effectuate this commitment and fulfill our responsibilities as a federal contractor. The extent of reasonable accommodation will be determined by consideration of efficient operation of the organization and feasible financial costs, as well as the needs of a handicapped employee or prospective employee. Steps will be taken to assure that this policy is followed and applied in all employment practices, including:

Recruitment, hiring, placement, promotion, demotion, transfer, training, compensation and all other employment terms, conditions and benefits, discipline and separation, and the policy applies to the use of all facilities.

This policy will insure implementation of, and is consistent with, the requirements set forth in federal and state regulations.

The goals and objectives of the Board's Affirmative Action program for persons with disabilities, disabled veterans and Vietnam Era veterans are: (1) to affirm the Board's commitment to the principles of equal employment opportunity; (2) to establish and implement a plan of action to insure that the principles of equal employment opportunity are applied in employment, training, promotion, and compensation programs; (3) to complete a review and analysis of physical or mental job qualifications to ensure they are job related and do not discriminate against persons with disabilities, disabled veterans or veterans of the Vietnam Era; (4) to review current personnel policies, practices and procedures to determine whether present procedures assure consideration of qualified persons with disabilities, disabled veterans and Vietnam Era veterans; (5) to adopt new or revised policies and procedures where necessary to assure equality of opportunity; and (6) to design and implement an audit and reporting system that effectively evaluates the program.

To achieve the objectives outlined above, it will be necessary to enlist the assistance and support of executive, managerial and supervisory personnel, particularly those involved in recruitment, screening, selection, promotion and related processes. The support and participation of current employees who have disabilities or are veterans of the Vietnam Era will be solicited and they will be encouraged to voluntarily identify themselves, if they have not already done so, to benefit from the program.

For purpose of participation in the Affirmative Action Program, "a person with disabilities" is defined as any person who (1) has a physical or mental impairment which substantially limits one or more of their major life activities, (2) has a record of such impairment, or (3) is regarded as having such an impairment. A handicapped individual is "substantially limited" if he/she is likely to experience difficulty in securing, retaining, or advancing in employment because of a disability. A "qualified person with disabilities" meets the criterion outlined above and is capable of performing a particular job with reasonable accommodation to his/her handicap. A "disabled veteran" is a person who has 30% or higher disability rating and is entitled to disability compensation under the laws administered by the Veterans Administration, or was released from service for a disability incurred in the line of duty. A "qualified disabled veteran" is one qualified to perform a particular job with reasonable accommodation to his/her disability. A "veteran of the Vietnam Era" is one who has served on active duty more than 180 days, some of which was performed during the period between August 5, 1964 and May 7, 1975, and received other than a dishonorable discharge. An individual released from duty after May 7, 1975 because of a service connected disability which occurred before that date would also qualify.

 

Employees identifying themselves for coverage under the program will be invited to describe (1) any special methods, skills and procedures which qualify them for positions, the duties of which they might not otherwise be able to perform because of their disability, and (2) the accommodations which the Board could make which would enable them to perform the job properly and safely, including special equipment, changes in the physical layout of the job or elimination of certain duties relating to relating to the job.

Information obtained through identification procedures through contact with providers or support services shall be kept confidential except that (1) occupational health personnel will be informed if the condition may require emergency treatment, and (2) supervisors may be informed regarding restrictions as to the work assignments or duties of disabled individuals, and (3) government officials investigating compliance with the Rehabilitation Act, the Americans with Disabilities Act or the Vietnam Era Veteran's Readjustment Act may be informed. Further, the office will consider, through designated grievance procedures, the complaint of any person who feels that he/she has been discriminated against or the basis of a disability or veteran status. Responsibility for implementation and compliance of the policy has been delegated to the System Office's Affirmative Action Officer, Ms. Debbie G. Johnson.

A copy of the Affirmative Action Program including specific responsibilities and premises for implementation will be made available to any employee who makes a request.

B. Policy Dissemination

1. Include the policy in all future editions of procedures manuals.

2. Schedule departmental meeting, as needed, to which all employees are invited, to discuss the policy and explain individual employee responsibilities.

3. Discuss the policy thoroughly in employee orientation and training programs.

4. Include articles on accomplishments of workers with disabilities in all publications. Participate in programs with local high school students.

5. Post the policy on bulletin boards.

The policy for equal opportunity will be disseminated outside the System Office in the following manner:

1. The policy will be publicized to recruiting sources including the State Employment Agency, State and Vocational Rehabilitation Agencies, the local Veterans Service Center, which are sources of locating qualified individuals with disabilities and veterans.

2. The Office will establish meaningful contact with Social Service Agencies and organizations of and for individuals with disabilities, disabled veterans, and Vietnam Era Veterans for the purpose of receiving advice, technical assistance and referral of potential employees.

3. Subcontractors and suppliers will be notified of the System Office's policy.

C. Responsibility for Implementation

In accordance with 41 C.F.R. 60-250.6(h) and 60-741.6(h), Ms. Debbie G. Johnson, has been assigned the responsibility for monitoring the System's equal opportunity and affirmative action programs. Ms. Johnson is responsible for the following activities:

Develop policy statements, affirmative action programs, and internal and external dissemination techniques.

Identify problem areas in conjunction with management and known employees with disabilities or Vietnam Era veteran employees in the implementation of the program and development of solutions.

Design and implement monitoring and reporting systems to measure the effectiveness of the program and to indicate need for remedial action.

Serve as liaison between the Board and enforcement agencies.

Serve as a liaison between the Board and organizations of persons with disabilities, and disabled and Vietnam Era veterans and arrange for active involvement of Board representatives in community service programs, local organizations and referral agencies.

Keep management informed of developments in the affirmative action area.

Provide career counseling program for employees with disabilities, and Vietnam Era veteran employees as requested.

Review job descriptions to ensure that any mental or physical qualifications that are required by the job are consistent with business necessity and job performance. Evaluate the total selection process to ensure freedom from stereotyping protected groups in ways that deny them access to employment.

Receive complaints of discrimination and implement appropriate grievance procedures.

D. Summary Action Steps

ACTION

RESPONSIBLE FOR MONITORING
Identification of employees with disabilities and veterans. Affirmative Action Officer, Human Resources
Invitation mailed out to all employees to self report disabling conditions. Affirmative Action Office
   
Application forms contains space for military service dates. Affirmative Action, Human Resources
   
Review of personnel practices reveals that there are no barriers to proper consideration of qualifications of persons with disabilities and veterans. See below for affirmative action steps designed to assure equal opportunity for these groups. Affirmative Action, Human Resources
Reviewing mental and physical job requirements to ensure that requirements are listed on requisitions for each vacancy that occurs. Requisitions will be reviewed, any regulation containing a physical requirement which does not appear to be job-related will be returned to department for notification or revision. Affirmative Action Office, Human Resources
Assure reasonable accommodations for limitations of workers with disabilities by making certain that all supervisors are advised of responsibility to make reasonable accommodations for limitations. Affirmative Action, Human Resources, Vice Chancellors, and Supervisors
Recruit applicants through the Tennessee Rehabilitation Service and contract with Glencliff Disabled Students. Human Resources
Review recommendations from supervisors and review Analysis of Strengths and Weaknesses to ensure that reason for failure to hire or promote applicants with disabilities are valid in light of job requirements. Affirmative Action Office
Monitor referrals, new hires, and promotions to measure effectiveness of Affirmative Action Program. Affirmative Action Officer, Human Resources
Post all suitable employment openings with the State Employment Office. Human Resources

Section III

Policy Statements

Equal Employment Opportunity, Affirmative Action and Discrimination

A. INTRODUCTION

It is the intent of the Tennessee Board of Regents Central Office to fully comply with Executive Order 11246, as amended, the Rehabilitation Act of 1973, as amended, and the Vietnam Era Veterans Readjustment Act of 1974, as amended, and all regulations implementing those laws and orders, for the promotion and ensuring of equal opportunity for all persons without regard to race, color, religion, sex, national origin, age, handicap status or status as a qualified disabled veteran or veteran of the Vietnam era. It is the intent of the Central Office to be free of harassment on the basis of sex, race, color, religion, or national origin, age or any other protected status. It is the intent of the Central Office to fully comply with Titles VI and VII of the Civil Rights Act of 1964, as amended, and the CRA of 1991, Title IX of the Education Amendments of 1972, as amended, the Equal Pay Act of 1963, as amended, the Age Discrimination in Employment Act of 1967, the Age Discrimination Act of 1975, and the Pregnancy Discrimination Act and the American with Disabilities Act of 1990, applicable state statutes and all regulations promulgated pursuant thereto.

B. STATEMENT OF POLICY

It is and has been the policy of the Tennessee Board of Regents Central Office to maintain the workplace for staff members free of sexual harassment and harassment on the basis of race, color, religion, national origin, age, or other protected status. Harassment is a form of discrimination, and harassment in the workplace or the educational environment is unacceptable conduct and will not be condoned.

The Tennessee Board of Regents reaffirms the policy that it will not discriminate against any employee or applicant for employment because of race, color, national origin, religion, age, sex, (except where sex is a bona fide occupational qualification), handicap, where the person is a qualified handicapped person, or because of their status as qualified disabled veteran or veteran of the Vietnam era. The office will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, national origin, religion, age, sex, except where sex is a bona fide occupational qualification, handicap, where the person is a qualified handicapped person, or because of their status as a disabled veteran or veteran of the Vietnam era. Such action shall include, but not be limited to, actions to:

1. Recruit, hire, train, and promote persons in all job titles, without regard to any of the foregoing prohibited factors;

2. Base decisions on employment so as to further the principle of equal employment opportunity;

3. Ensure that promotion decisions are in accord with principles of equal employment opportunity by imposing only valid requirements for promotional opportunities; and

4. Ensure that all personnel actions such as compensation, benefits, transfers, layoffs, return from layoff, and institution sponsored training, education, tuition assistance, and social and recreation programs, will be administered without regard to any of the foregoing prohibited factors.

C. ASSIGNMENT OF RESPONSIBILITY

1. The Chancellor of the Tennessee Board of Regents shall be responsible for the development and implementation of the System Office's Equal Employment Opportunity and Affirmative Action Program. He shall ensure that the equal employment opportunity and affirmative action program plans are prepared, and that these plans are effectively administered within the time frame established. In exercising this responsibility, the Chancellor shall provide positive leadership in the implementation of an affirmative action program, and ensure that appropriate attention is devoted to the program in his staff meetings. This will include informing all management officials and supervisors that their performance evaluation will be partially determined by the effectiveness of their participation in the equal employment opportunity program as written.

2. The Equal Opportunity/Affirmative Action Officer shall be responsible for promotion and assuring compliance with the State University and Community College System of Tennessee Equal Employment Opportunity and Affirmative Action Program policy, receiving and investigating complaints, reviewing the effectiveness of the program and recommending improvements to the Chancellor. The Affirmative Action Officer, in coordination with other System Office supervisory and staff personnel, shall also collect and analyze employment data, identify problem areas, set goals, timetables and develop programs for achieving goals.

3. Insure that affirmative action plans are developed and implemented as a means of aggressively pursuing the principles of equal employment opportunity.

4. Develop affirmative action goals and timetables directed toward correcting situations contributing to the underutilization or inequitable treatment of minority or female employees.

5. Provide positive leadership in the implementation of the affirmative action program . This should include informing all management officials and supervisors that their performance evaluation will be partially determined by the effectiveness of their participation in the equal employment opportunity program.

6. Assure policies and procedures are instituted to deal with all forms of harassment, including receiving and investigating complaints and recommending necessary action to the Chancellor or Vice Chancellor of Administration.

7. The Assistant Vice Chancellor of Human Resources shall be responsible for assisting in the implementation and maintenance of the Affirmative Action Program.

8. The Assistant Vice Chancellor for Research shall assist in program implementation and maintenance by providing statistical and data processing support when requested.

9. All administrators and other supervisory employees shall ensure that equal employment opportunity is afforded in their department without regard to race, color, religion, sex, age, disability or national origin. They shall also assist in the development of goals and timetables related to the employment process for minorities and females in their respective areas of responsibility.

D. NEPOTISM POLICY

Pursuant to Chapter 789 of the Tennessee Public Acts of 1980, the following shall be the nepotism policy for the Tennessee Board of Regents System:

(a) Effective July 1, 1980, employees of an institution/school/Central Office who are relatives shall not be placed within the same direct line of supervision whereby one relative is responsible for supervising the job performance or work activities of another relative; provided, however, that to the extent possible, this policy shall not be construed to prohibit two or more such relatives from working for the same institution/school or Central Office. For the purposes of this policy, a "relative" means a parent, parent-in-law, child, spouse, brother, foster brother, sister, foster sister, grandparent, grandchild, son-in-law, brother-in-law, daughter-in-law, sister-in-law, or other family member who resides in the same household.

(b) When employees of an institution/school/Central Office become in violation of subsection (a) as a result of marriage, the violation shall be resolved by means of transfer within the institution/school or Central Office, transfer to another institution or school, or resignation as may be necessary to remove the violation. If transfer alternatives are available, the employees shall be given the opportunity to select among the available alternatives; provided that if the employees are unable to agree upon any such alternative within sixty days, the appointing authority shall take appropriate action to remove the violation.

(c) In the case of employment relationships which would other wise violate subsection (a) but which were in effect prior to July 1, 1980, the employment of the employees shall not be affected by this policy, provided that the institution/school or Central Office takes appropriate action to insure that employees neither initiate nor participate in institutional/school or Central Office decisions involving a direct benefit (retention, promotion, salary, leave, etc.) to a relative.

(d) Each institution/school/Central Office shall apply the foregoing in a nondiscriminating manner, and shall insure that the implementation of this policy does not adversely affect employees of one sex over those of the opposite sex.

HARASSMENT ON THE BASIS OF RACE, COLOR, RELIGION, NATIONAL ORIGIN

OR OTHER PROTECTED STATUS

It is the policy of the Tennessee Board of Regents System that pursuant to state and federal law, no institution, area school, or Central Office shall condone any harassment of employees, applicants for employment, or students based on race, color, religion, national origin, or any protected status. Each institution, area school, and the Central Office shall affirmatively address all allegations of harassment pursuant to Tennessee Board of Regents Guideline

P-080.

Any complaints of harassment based on race, color, religion, national origin, or other protected status shall be made to the Central Office affirmative action officer who shall investigate all complaints for the Central Office.

Guideline P-080 must be followed in any harassment claim. The Central Office shall initiate efforts to educate personnel and students on the issues of discriminatory harassment.

D. IDENTIFICATION OF PROBLEM AREAS AND CORRECTIVE ACTIONS

The identification of problem areas and corrective actions is essential to an affirmative action plan and program requirements of short or long term. The following items have been identified as possible problem areas.

Action Item(s)

1. An underutilization of minorities and women in specific job groups and departments. The Vice Chancellors and General Counsel will be made aware of areas of underutilization. Special efforts to recruit and employ women and minority groups will be emphasized in all employment practices. In departments which show underutilization for women or minorities the departments will be requested to describe extra efforts to recruit and employ women and minorities. Every three months an evaluation will be conducted by the EEO/AA Officer to ensure that the Central Office is making progress toward goals.

2. An effort to advertise accurate job descriptions and special conditions of the job descriptions will be made. The Office of Human Resources will make every effort to evaluate job descriptions and advertise these positions appropriately. Necessary approvals will be obtained for revisions to established job descriptions. If changes need to be made to existing job descriptions, all approvals will be obtained. Stronger recruitment efforts will be taken for technical categories.

3. Support of Board Guidelines. Training sessions will be conducted to ensure that all federal, Board and local guidelines and selection procedures are being observed.

4. No formal techniques established for evaluating effectiveness of EEO/AA program. Effective immediately, analyses and audit procedures will be established to ensure that the EEO/AA program is effective. Promotion, termination and selection analyses will be conducted every six months to ensure that no one is adversely affected.

5. Training seminar announcements should be posted and/or circulated to all employees. This will enhance attitudinal environment in the office as it relates to women and minorities. It will be recommended that Sexual Harassment seminars should be mandatory for all new employees. Diversity workshop will be given during the next fiscal year. Supervisory Management will be encouraged to attend. However, all employees can attend.

6. Applicant pools, for areas that show underutilization, will be scrutinized if women and minorities are not present reflecting availability. If necessary, positions will be readvertised.

Other actions which will be taken in the next year.

1) A retention study will be undertaken as part of Geier for the purpose of assessing the System's progress as it relates to he employment, retention, training and advancement of minorities. Additionally this survey will include reference to opportunities for growth experience, varied task assignments, etc.

2) Hiring, promotion, selection, application and termination adverse impact studies will be completed during the year.

AFFIRMATIVE ACTION PLAN

 

Internal Audit and Reporting Systems

 

TENNESSEE BOARD OF REGENTS

 

CENTRAL OFFICE

Volume A

Section IV

A. Introduction

INTERNAL AUDIT AND REPORTING SYSTEMS

Several internal auditing procedures are used to ensure compliance with all aspects of Equal Opportunity and Affirmative Action. Many of these procedures are related to employment of staff; however, terminations, promotions, transfers, placement, retention, recruitment, testing and training (when applicable) are also monitored.

General Policies and Procedures related to recruitment, hiring, selection and placement are governed by Central Office procedures and Board guidelines for administrative/professional and classified positions. Additional steps to ensure compliance under TBR Guideline Number P-010, Personnel Transactions and Recommended Forms are observed for all positions which fall under this guideline. The Affirmative Action Compliance Officer reviews all recommendations for employment.

Reports submitted to outside agencies include the IPEDS/EEO6 Report submitted to the Tennessee Higher Education Commission, the Veteran's 100 Report submitted to the Department of Labor, the Desegregation Monitoring Committee report, and any other requests made by outside governing agencies.

Data are collected by the Office of Human Resources for the following areas:

1. Applicant Flow

2. Terminations

3. New Hires

4. Promotions

5. Transfers

6. Training (when applicable)

This information will be monitored and analyzed annually to review any adverse impact.

The following records are maintained as part of the Affirmative Action Program:

Applicant Flow Data - Includes information on each applicant to include name, sex, race, age, job applied for, interview status.

New Hires - Includes data on total hires and employment offers by name, race, sex, age and job title.

Promotions and Transfers - Includes information on all promotions or transfers by name, race, sex, age, date of transaction, department and job title from which and to which employee moved.

Terminations - Includes information on all terminations by name, race, sex, age, department and reason for termination as reported by the Office of Human Resources' exit interviews.

Selection Procedures - Results of typing tests are maintained by the Office of Human Resources. Those who fail this typing test are not considered for employment.

Records pertaining to all Personnel actions are maintained for the appropriate time limitations under the records retention guidelines.

B. Description of Personnel Policies and Procedures

See Central Office Procedures and TBR Guideline P-010 and General Personnel Policy 5:01:00:00.

Volume B

 

A. Organizational Chart

An organizational chart for the Central Office of the Tennessee Board of Regents is presented.

B. Workforce Analysis

The workforce analysis is a composite of the Tennessee Board of Regents' workforce. The analysis lists all job titles identifying salary ranges from the lowest to the highest paid and total number of incumbents in each job title by race and sex.

C. Job Group Analysis

The job group analysis is the basis for the availability analysis utilization and goals and timetables. The job group analysis combines jobs requiring similar skills or having similar job content, wage rates and promotional opportunities and level of responsibility. It lists for each title in the job group the total number of incumbents and the total number of male, female, and minority incumbents.

D. Availability Analysis

Availability is defined by the Office of Federal Contract Compliance Programs (OFCCP) as the "percentage of minorities or women among those who have the skills required by a specific job group, or who are capable of acquiring them." The OFCCP's regulations mandate the consideration of eight specific factors in determining availability of minorities and women. These eight factors are listed on the charts detailing the analysis.

To determine the availability of minorities and females for positions with the Tennessee Board of Regents the factors identified in CFR Section 60-2.11 of the regulations that implement Executive Order 11,246, as amended, were used. The data for the statistical analyses was obtained from appropriate recruitment sources (SMSA, state and national figures, higher education statistics, 1990 Census Data, etc.) for classifications in each job grouping. In all cases, availability statistics were chosen which most closely reflect the nature of the jobs under consideration. Due to the state desegregation order which increases recruitment efforts, EEO 1 cited the national statistics for the "area surrounding the facility" and the Tennessee data for the "immediate labor area." In most cases, EEO 3 uses the Tennessee data as a base for reasonable recruiting efforts. In all cases, the immediate labor area was smaller than the surrounding recruiting area. These materials, which are not all included in the Plan, are available for review.

Records of transfers and promotions are maintained manually. Training programs are generally in the nature of an "on the job training experience." For purposes of the availability analysis, a positive or negative statement is used to indicate whether training programs exist in the community for positions within each job group.

Detailed below is a short discussion of the method utilized to calculate the availability for each job group:

Clerical and Support - Positions in which workers are responsible for internal and external communication, recording and retrieval of data and/or information or other paperwork required in an office. Vacancies are filled through promotions, transfers, and external hires. Applicants are recruited from the Davidson County and Nashville SMSA's.

Technical/Paraprofessional - Positions require a combination of basic scientific or technical knowledge and manual skills which can be obtained through specialized post-secondary education or equivalent on the job training. Positions are filled through external hires and internal promotions. Applicants are recruited from across the state. Availability data for the State and local workforce was utilized to calculate the final availability figure.

Professional Non-Faculty - Positions which require specialized and theoretical knowledge which is usually acquired through post-secondary education or work experience and other training which provides comparable knowledge. These positions are typically filled after a regional or state-wide search. Availability figures are obtained by comparing the number and percentages of women and minorities with the requisite skills in the State and local workforce.

Executive/Administrative/Managerial - Positions in the group are occupied by employees which set broad policies, exercise overall responsibility for execution of these policies, direct departments or special phases of the Tennessee Board of Regents' operation, or provide specialized consultation on a regional, district, or area basis. Positions in this group are filled as a result of national or regional searches. The availability figures were derived from analysis of the number of women and minorities with the requisite skills in the workforce.

Comparison of Utilization

The utilization analysis is purely a mechanical comparison of the Tennessee Board of Regents' employment of minorities and women (identified by job groups) with the availability data. The Office of Federal Contract Compliance Programs' regulations require a finding of under-utilization in any job group where the number of females or minorities actually employed is less than "what would reasonably be expected by their availability." Goals and timetables are established to correct those areas where women and minorities are under-utilized.

E. Goals and Timetables

Goals and timetables have been established based upon the estimated annual rate of turnover for job groups within each EEO category. In addition, the total number of jobs required to meet the ultimate goal is presented as the "model" workforce. Job groups which require the setting of goals will be designated as "problem areas" and will receive special attention during the year. The adverse impact analysis was performed for each department and job group. The following criteria were examined and utilized: 1) composition of work force; 2) composition of applicant flow; 3) recruitment and selection procedures; 4) educational assistance programs; and 5) terminations. Goals were developed by using 100% of availability.

The report will address three types of goals: annual numerical, annual placement rate, and ultimate.

The record keeping system includes monitoring hires, promotions, transfers, terminations and utilization of females and minorities.