Rules & Regulations of the State of Tennessee Title 0240 - Board of Regents
I. Background and Authority of Title 0240
Title 0240 of the Tennessee Rules and Regulations governed the Tennessee Board of Regents (TBR), which historically oversaw:
State universities
Community colleges
Colleges of applied technology
The Board of Regents operated under authority delegated by the Tennessee General Assembly, primarily through Title 49 of the Tennessee Code Annotated (Education).
Although governance of some universities later shifted to local governing boards, Title 0240 remains legally significant for:
Legacy disputes
Employment and tenure claims
Student discipline cases
Contract and due process litigation
II. Core Regulatory Areas Under Title 0240
1. Governance and Administrative Authority
Purpose
Establishes the Board’s authority to set policies for institutions
Delegates operational authority to chancellors, presidents, and administrators
Key Legal Principle
The Board of Regents acts as an arm of the state and exercises quasi-legislative and quasi-judicial authority.
Case Law
Austin v. University of Tennessee (Tenn. Ct. App.)
Recognized that governing boards may lawfully delegate authority while retaining final oversight.
Federal Express Corp. v. Tennessee Public Service Commission
Applied the doctrine that administrative rules have the force of law if properly promulgated.
2. Employment, Tenure, and Academic Freedom
Covered Areas
Faculty appointments
Tenure eligibility
Promotion and dismissal
Due process protections for employees
Key Rule Concept
Tenured faculty have a constitutionally protected property interest in continued employment.
Non-tenured employees generally do not, unless contractual language creates such an interest.
Case Law
Perry v. Sindermann (U.S. Supreme Court)
A de facto tenure system can create a property interest even without formal tenure.
Horton v. Board of Education
Due process applies when dismissal implicates reputation or future employment.
Rose v. Tipton County Public Schools
Tennessee courts require compliance with internal procedures when terminating educators.
3. Student Discipline and Due Process
Scope
Academic misconduct
Behavioral violations
Disciplinary hearings and appeals
Legal Standard
Public college students are entitled to procedural due process, but not the full protections of a criminal trial.
Required Elements
Notice of charges
Opportunity to be heard
Impartial decision-maker
Case Law
Goss v. Lopez (U.S. Supreme Court)
Students have protected property and liberty interests in education.
Doe v. University of the South
Tennessee courts emphasize fundamental fairness in student discipline.
Nash v. Auburn University
Cross-examination not always required, but fairness is mandatory.
4. Rulemaking and Administrative Procedure
Application
Title 0240 rules must comply with the Uniform Administrative Procedures Act (UAPA).
Legal Requirements
Proper notice
Public comment
Filing and approval procedures
Case Law
Mapco Petroleum, Inc. v. Tennessee Department of Revenue
Invalid rules have no legal effect.
Martin v. Sizemore
Agencies cannot exceed statutory authority granted by the legislature.
5. Open Meetings and Public Records
Requirements
Board actions must comply with:
Tennessee Open Meetings Act
Tennessee Public Records Act
Violations
Improperly closed meetings
Failure to disclose records
Case Law
Dorrier v. Dark
Any deliberation toward a decision must occur in public.
Memphis Publishing Co. v. City of Memphis
Transparency laws are interpreted broadly in favor of access.
6. Contracts, Procurement, and Fiscal Oversight
Coverage
Purchasing rules
Vendor contracts
Grants and expenditures
Legal Principle
State boards are bound by statutory procurement rules and cannot waive them by contract.
Case Law
State ex rel. Leech v. Wright
Public funds must be spent strictly in accordance with law.
Computer Shoppe, Inc. v. State
Unauthorized contracts are unenforceable against the state.
7. Judicial Review and Sovereign Immunity
Limits on Lawsuits
Board of Regents enjoys sovereign immunity
Claims typically must be brought before:
Tennessee Claims Commission
Federal court (for constitutional claims)
Case Law
Lane v. Board of Regents of the University System of Georgia
Eleventh Amendment immunity applies to state boards.
Northland Insurance Co. v. State
Waivers of sovereign immunity must be explicit.
III. Practical Legal Impact of Title 0240
Even after structural changes to higher education governance:
Employment disputes still reference Title 0240 rules
Student disciplinary appeals rely on its due process framework
Contract disputes assess whether actions were authorized under Title 0240
Courts generally treat these rules as:
Binding administrative law with the same force as statutes when properly adopted.
IV. Summary
Title 0240 of the Tennessee Rules and Regulations:
Defined the legal framework for public higher education governance
Created enforceable rights and duties
Continues to influence litigation involving faculty, students, and administrators
Is interpreted consistently with constitutional due process principles and administrative law doctrines
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