POLICY 04:10:02

ETHICAL RECRUITMENT OF PROSPECTIVE STUDENTS AND MILITARY AFFILIATED INDIVIDUALS

This policy is consistent with TBR Policy

Purpose

To establish consistent policies and practices at Tennessee Board of Regents (TBR)
institutions for the recruitment of prospective students, including military affiliated
individuals (such as service members, reservists, veterans, spouses and other eligible
family members), that are compliant with the requirements of federal law and Executive
Order 13607.

Policy/Guideline

1. Introduction
   1. This policy establishes standards for recruitment for all prospective
      students, including military affiliated individuals at the community colleges
      and colleges of applied technology under the governance of the Tennessee
      Board of Regents.
   2. Each institution is directed to enact a policy consistent with the requirements
      of this policy. Alternatively, an institution may operate under this system
      policy. Institutional policy, and any subsequent revisions thereto, shall be
      submitted to the Vice Chancellor of Student Success and the Office of
      General Counsel for review and approval prior to final promulgation at the
      institution.
   3. The applicable policy regarding the recruitment of students, including
      military affiliated individuals, shall be stated, at minimum, in the institution’s
      catalog or handbook and uniformly applied to all prospective students.
2. Prohibitions and Requirements
   1. No institution shall pay any commission, bonus, or other incentive payment
      to any person or entity engaged in any student recruiting, admission
      activities, or making decisions regarding the award of student financial
      assistance based directly, or indirectly, on securing enrollments or federal
      financial aid (including military Tuition Assistance Program funds) for any
      prospective student, including military affiliated individuals. For purposes of
      this policy, a “prospective student” is any individual who has contacted, or
      been contacted by, the institution or its employees/agents for the purpose
      of communicating about enrolling at the institution and/or the
      availability/types of financial aid.
   2. High-pressure recruitment tactics are prohibited. “High-pressure
      recruitment tactics” include making multiple unsolicited contacts (3 or more),
      including contacts by phone, email, or in-person, and engaging in same-day
      recruitment and registration for the purposed of securing enrollment of
      prospective students, including military affiliated individuals or obtaining
      access to financial aid or tuition assistance funds.
   3. Institutions are prohibited from using or offering inducements for securing
      enrollments of prospective students or obtaining access to financial aid or
      tuition assistance funds. Inducements include, but are not limited to, any
      gratuity, favor, discount, entertainment, hospitality, loan, transportation,
      lodging, meals or other item having a monetary value of more than an
      insignificant amount, to any individual or entity, or its agents including third-
      party lead generators or marketing firms. This policy does not prohibit the
      payment of regular salaries to institutional employees or fees paid to
      contractors in conformity with all the applicable laws for the purpose of
      securing enrollments of prospective students, including military affiliated
      individuals or obtaining access to financial aid or tuition assistance funds.
   4. Institutions shall not make any misrepresentation(s) to prospective
      students, including military affiliated individuals or their family members
      regarding the nature of educational programs, financial charges, or
      employability of graduates. The prohibition shall apply to any direct or
      indirect contact with prospective students, including, but not limited to, any
      outreach, recruitment, marketing, advertisement, or admissions operation.
      Institutions shall also prohibit the making or use of any false, erroneous, or
      misleading statements to a prospective student. Misrepresentation(s)
      includes any statement that has the likelihood or tendency to mislead under
      the circumstances, regardless of whether it is made visually, in writing,
      orally, or through other means.
   5. Institutions are permitted to provide information about educational
      institution-sponsored scholarships or grants and tuition reductions available
      to prospective students, including military affiliated individuals.
   6. Institutions shall educate and monitor employees and third-party agents
      acting on behalf of the institution regarding compliance with this policy.
      Persons found to have violated the terms set forth in the policy will be
      subject to corrective action and potential disciplinary action, up to and
      including termination.

Sources:
T.C.A. § 49-8-203; Executive Order 13607; 34 C.F.R. Part 668

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Approved by TBR: June 2023
Reviewed/Recommended: President’s Council, August 28, 2023
Approved: President L. Anthony Wise, Jr., August 28, 2023