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Page 1 DATE: October 15, 2018 SUBJECT: Middle Tennessee State T Agenda Item: I. E N DATE: October 15, 2018 N SUBJECT: Middle Tennessee State University E Letter of Notification: Doctor of Jurisprudence S S BACKGROUND INFORMATION: E E On July 13, 2018, Middle Tennessee State University submitted a Letter of Notification to offer a Doctor of Jurisprudence. This law program is currently housed at Valparaiso University in Valparaiso, Indiana. The establishment of a new H academic program at a public university in Tennessee is subject to THEC approval I and guided by the Academic Policy A1.0 – New Academic Programs: Approval Process. G The Academic Policy A1.0 includes the following seven distinctive steps in the H program approval process and subsequent monitoring for academic programs in excess of 24 semester credit hours: E R o Letter of Notification (LON); o Evaluation of the Letter of Notification; E o New Academic Program Proposal (NAPP); External Judgment; D o o Post-External Judgement; U o Institutional Governing Board Action; C o Commission Action; and Post-Approval Monitoring. A o T The Academic Policy A1.0 – New Academic Programs: Approval Process can be found in I Appendix A. This policy provides guidance on the specific criteria that must be O considered for the approval of a new academic program. Additionally, the policy underscores the importance of the statutory mandate to minimize duplication or N undue proliferation of similar academic programs in the state. C The initial step of the program approval process begins with the submission of the O Letter of Notification to the Tennessee Higher Education Commission. The LON must: M o align the priorities of the institution’s academic master plan, M institutional and state needs; I o include a feasibility study that addresses student interest, employer need and demand and program sustainability; S o provide estimated program costs and revenues; and S o address related existing programs offered at public and private I institutions in Tennessee. O N The LON submitted by Middle Tennessee State University for the proposed JD program can be found in Appendix B. Specific to this LON, the non-binding Letter of Intent to Transfer Valparaiso University Law School to MTSU was also transmitted. The Academic Policy A1.0 requires that all Letters of Notification be evaluated by interested parties and THEC staff. To obtain external evaluation, Letters of Notification are posted on the THEC website for a public comment period of 15 days. The MTSU LON for the Doctor of Jurisprudence was posted from July 16-31, 2018. THEC received 10 written comments during this time – 16 additional comments were received after the July 31st deadline and all are included in Appendix C. Public comments for the proposed JD program at MTSU were submitted by: Name Title Affiliation Date Received 1) Mr. Edward L. University of Memphis Law President July 26, 2018 Brundick, III School Alumni Association 2) Mr. Everett L. Hixson, III Attorney Evans, Harrison & Hackett July 27, 2018 3) Mr. George T. Lewis Attorney Baker Donelson July 30, 2018 4) Mr. John A. Bobango Attorney Farris Bobango Branan PLC July 31, 2018 5) Ms. Lisa Ramsay Cole Attorney Lewis Thomason July 31, 2018 6) Dr. Wayne T. Davis Interim Chancellor Provost & Senior Dr. David Manderscheid University of Tennessee Vice Chancellor July 31, 2018 Knoxville Dean and Lindsay Ms. Melanie D. Wilson Young Distinguished Professor of Law 7) Dr. Joseph DiPietro President University of Tennessee July 31, 2018 Rainey, Kizer, Reviere & Bell 8) Ms. Jennifer Vallor Ivy Attorney July 31, 2018 PLC 9) Dr. M. David Rudd President Ms. Katharine Traylor Interim Dean & University of Memphis July 31, 2018 Schaffzin Professor of Law 10) Mr. Earle Schwarz President Memphis Bar Association July 31, 2018 11) Mr. Dan Street Attorney Sullivan County Aug 8, 2018* 12) Mr. Phillip Trenary President Greater Memphis Chamber Aug 22, 2018* 13) Ms. M. Joy Baxter Attorney Ortale Kelley Law Firm Aug 24, 2018* 14) Dr. Glenda Baskin Glover President Tennessee State University Sept 18, 2018* Speaker of the State of Tennessee House of 15) Speaker Beth Harwell Sept 27, 2018* House Representatives 16) Mr. Mike Sandler Attorney Mike Sandler Law, PLC Oct 2, 2018* 17) Mayor Bill Ketron Mayor Rutherford County Oct 3, 2018* * Public comment received after July 31, 2018 2 Name Title Affiliation Date Received Law Office of Gregory D. Oct 4, 2018* 18) Mr. Gregory D. Smith Attorney Smith Rutherford & Cannon County 19) Mr. Kirk Catron President Oct 4, 2018* Bar Association 20) Senator Shane Reeves Senator TN District 14 Oct 4, 2018* Buck & Buck Attorneys-at- 21) Mr. Frank Buck Attorney Oct 4, 2018* Law 22) Mr. R. Steven Waldron Attorney Waldron, Fann & Parsley Oct 4, 2018* 23) Honorable Don R. Ash Senior Judge Tennessee State Courts Oct 4, 2018* Nashville Chamber of 24) Mr. Ralph Schulz President & CEO Oct 4, 2018* Commerce Sr. Business Systems Oct 4, 2018* 25) Mr. Matt Meyer Community Health Systems Analyst 26) Mayor Shane McFarland Mayor City of Murfreesboro Oct 4, 2018* * Public comment received after July 31, 2018 In order to carefully assess the LON for the proposed JD program, THEC staff determined the need to conduct an independent, external review. On August 10th, THEC notified Middle Tennessee State University that Aslanian Market Research had been hired to conduct a market assessment and feasibility study for an additional law school in Tennessee to include market analysis to assess student demand and employment opportunities for law school graduates at the national, regional, and local level. The LON evaluation of the proposed JD program is provided as Appendix D. Under separate cover, the market assessment and feasibility report will be provided. Dr. Jane Sadd Smalec, Senior Consultant, and Scott Jaffe, Senior Director of Aslanian Market Research will present the findings of the feasibility study for an additional law school in the State of Tennessee at the Special Called Meeting of the Commission. 3 Appendix A Section Title: Academic Policies Policy Title: New Academic Programs: Approval Process Policy Number: A 1.0 1.0.1A Scope and Purpose. In accordance with Chapter 179 of the Legislative Act creating the Higher Education Commission in 1967, the Commission has the statutory responsibility to review and approve new academic programs, off-campus extensions of existing academic programs, new academic units (divisions, colleges, schools, and departments) and new instructional locations for public institutions of higher education in the State of Tennessee. These responsibilities shall be exercised so as to: . promote academic quality; . maximize cost effectiveness and efficiency to ensure that the benefits to the state outweigh the costs and that existing programs are adequately supported; . fulfill student demand, employer need and societal requirements; . avoid and eliminate unnecessary duplication to ensure that proposed academic programs cannot be delivered through collaboration or alternative arrangements; and . encourage cooperation among all institutions, both public and private. These expectations for program quality and viability are underscored by Tennessee Code Annotated §49-7-202 as amended by Chapter 3, Acts of 2010 (1st Extraordinary Session). This Act directs public higher education to: . address the state’s economic development, workforce development and research needs; . ensure increased degree production within the state’s capacity to support higher education; and . use institutional mission differentiation to realize statewide efficiencies through institutional collaboration and minimized redundancy in degree offerings, instructional locations, and competitive research. Appendix A 1.0.2A1 Criteria for Review. The Commission strenuously considers the following criteria in order to maximize state resources in evaluating academic programs: . Alignment with state master plan and institutional mission - Evidence that the proposed academic program aligns with the state’s economic development, workforce development and research needs using institutional mission differentiation to realize statewide efficiency of degree offerings, instructional locations, and competitive research. Need - Supporting documentation of program need that justifies institutional allocation/reallocation of state resources. Sustainable Demand - Supporting documentation that employment opportunities for future graduates will exist. Program Costs/Revenues - Supporting documentation that program costs will be met from internal reallocation or from other sources such as grants and gifts. Institutional commitment should be consistent with the centrality and level of priority as described in the academic program proposal and estimated on THEC Financial Projection Form. Institutional capacity to deliver the proposed academic program - Supporting documentation that the institution can deliver the proposed program within existing and projected resources. 1.0.2A2 No Unnecessary Duplication. The THEC Academic Program Inventory provides the initial indication of apparent duplication or undue proliferation of programs in the state. When other similarly titled existing programs may serve the same potential student population, institutions seeking to develop potentially duplicative programs should consult THEC with evidence to demonstrate that a newly proposed academic program is: . in accord with the institution’s distinct mission as approved by the Commission; . sufficiently different from all related existing programs in the geographical region (list degree level of similar
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