Once the Agency receives a student complaint form, the Agency
may refer the complaint to another agency or entity as follows:
(1)Complaints alleging that an institution has violated
state consumer protection laws, e.g., laws related to fraud or false
advertising, may be referred to the Consumer Protection Division of
the Office of the Attorney General of Texas for investigation and
resolution.
(2)Complaints pertaining to an institution in the
University of Texas System, Texas A&M University System, University
of Houston System, University of North Texas System, Texas Tech University
System, or Texas State University System may be referred to the appropriate
university system for investigation and resolution. If a complaint
is not referred to a university system for investigation and resolution,
the Agency will notify the system, at least quarterly until final
disposition of the complaint, of the status of any investigation unless
the notice would jeopardize an undercover investigation.
(3)If the Agency determines that the complaint is
appropriate for investigation and resolution by the institution's
recognized accrediting agency, the Agency may refer the complaint
to the accrediting agency. If the Agency refers the complaint to such
accrediting agency, the Agency may request the accrediting agency
to send quarterly updates in writing to the Agency regarding the status
of the investigation of the complaint and shall notify the Agency
in writing of the outcome of the investigation/resolution process
for the complaint. The Agency shall have the right to adopt any decision
proposed or made or any course of action proposed or taken by the
accrediting agency as the final resolution of the matter before the
Agency. In the alternative, the Agency shall have the right to enter
its own decision based on the investigative findings of the accrediting
agency to the extent they are able to be provided. The Agency shall
have the right to terminate the referral of the complaint to the accrediting
agency at any time and may proceed to investigate and adjudicate the
complaint.
(4)If the Agency determines that the complaint is
appropriate for investigation and resolution by an educational association
to which the institution belongs, the Agency may refer the complaint
to the educational association. If the Agency refers the complaint
to such an educational association, the educational association shall
send monthly updates in writing to the Agency regarding the status
of the investigation of the complaint and shall notify the Agency
in writing of the outcome of the investigation/resolution process
for the complaint. The Agency shall have the right to accept, modify,
or reject any decision proposed or made or any course of action proposed
or taken by the educational association. The Agency shall have the
right to terminate the referral of the complaint to the educational
association if the Agency determines that the educational association
is not appropriately addressing the complaint.
The agency certifies that legal counsel has
reviewed the adoption and found it to be a valid exercise of the agency's
legal authority.
Filed with the Office
of the Secretary of State on May 17, 2016
TRD-201602404 Bill Franz
General Counsel
Texas Higher Education Coordinating
Board
Effective date: June 6, 2016
Proposal publication date: February 12, 2016
For further information, please call: (512) 427-6114
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