reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 2.00 - Degree-granting Regulations For Independent Institutions Of Higher Education › Section 2.03 - Scope and Application

Current through Register 1525, July 5, 2024
610 CMR
						2.00 applies to existing independent institutions of
						higher education that have been authorized to grant degrees by the Board of
						Higher Education or by predecessor boards pursuant to M.G.L. c. 69, § 30
et seq.
and to any independent institution of higher education
						seeking a name change to include college or university or to expand
						degree-granting authority.
						610 CMR
						2.00 shall apply and shall be limited to the following
						situations:
(1) Certificates of
					organization referred to the Board by the Secretary of State proposing
					incorporation of a college, junior college, university, or other educational
					institution with power to grant degrees;
(2) Proposed articles of amendment to the
					charter of an existing educational institution referred to the Board by the
					Secretary of State which will give the educational institution power to grant
					certain academic degrees, either earned or honorary;
(3) Proposed articles of amendment to the
					charter of an existing educational institution referred to the Board by the
					Secretary of State changing its name to a name which will include the term
					"college", "junior college" or "university";
(4) Actions by the Board implementing the
					requirement of M.G.L. c. 69, § 31A that no educational institution
					chartered, located, offering courses, or otherwise doing business within the
					Commonwealth may award degrees within the Commonwealth unless authorized to do
					so by the Commonwealth; nor shall any educational institution chartered,
					incorporated, or organized in another state conduct within the Commonwealth any
					courses available to residents of the Commonwealth leading to the award of a
					degree unless the educational institution has received the approval of the
					Commonwealth for such courses.
(5)
					Actions by the Board implementing the requirements of M.G.L. c. 69, § 30A
					that any institution of higher education not in compliance with Board's
					regulations may have its degree-granting authority revoked or suspended, after
					the procedures described in
					610
					CMR 2.10(2)  have been
					followed.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 2.00 - Degree-granting Regulations For Independent Institutions Of Higher Education › Section 2.07 - Regulations, Application Procedures, Review Process, and Review Criteria for Massachusetts-Based Institutions that are New, or that are not Accredited or are Accredited With Sanction by the New England Association of Schools and Colleges and Out-of-State Institutions

Current through Register 1525, July 5, 2024
(1)
Application
					Procedures
. When a new institution is being proposed and initial
					authorization and approval are being sought, or when an existing
					Massachusetts-based institution not accredited or accredited with sanction by
					the New England Association of Schools and Colleges seeks additional
					degree-granting authority, or when an out-of-state institution seeks new or
					additional authority to operate in Massachusetts, the applicant is required to
					provide two copies to Board staff and one copy to each member of the visiting
					committee of the following required information:
(a)
New Institution
.
					When a new institution is being proposed and initial authority and approval are
					being sought, the following information must be provided with a timetable
					indicating when each of the items, as appropriate, is to be implemented:
1. the petition itself, including the
					certificate of organization and any amendments and foreign corporation
					certificates.
2. a list of members
					of the corporation.
3. the
					constitution and bylaws of the corporation.
4. a statement of mission and educational
					objectives.
5. course descriptions
					and syllabi for all proposed programs of study.
6. plans for any additional future program
					offerings necessary to achieve the stated goals of the institution.
7. assets and existing financial support
					already in hand and pledged, and support for the development, growth, and
					maintenance of the institution.
8.
					information regarding tuition, fees, and other student charges, as well as
					plans for student financial aid.
9.
					plans for the acquisition of physical plant and equipment.
10. description of current library holdings
					and plans for future development of library and information
					resources.
11. curriculum vitae of
					all faculty already retained by the institution, including those pledged to the
					institution effective as of specified dates.
12. enrollment plans including annual
					anticipated enrollment for the period from initiation of the program(s) until
					the first degrees are awarded.
13.
					proposed operating budget for the period from initiation of the program(s)
					until the first degrees are awarded.
14. proposed requirements for admission and
					for graduation.
15. description of
					the proposed academic and student services which the institution plans to
					provide.
16. other information
					pertinent to the plans of the incorporators.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 2.00 - Degree-granting Regulations For Independent Institutions Of Higher Education › Section 2.09 - Procedures for Periodic Inspection of an Institution

Current through Register 1525, July 5, 2024
When an investigation is undertaken in accordance with
						610
						CMR 2.05(5)  to make a
						periodic inspection of an institution, the Board may require the institution to
						provide some or all of the information described in
						610
						CMR 2.07. The Board shall consider its
						participation in and/or review of New England Association of Schools and
						Colleges accreditation visits or reports to constitute periodic inspection of
						an institution.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 2.00 - Degree-granting Regulations For Independent Institutions Of Higher Education › Section 2.10 - Investigation of Alleged Non-Compliance with 610 CMR 2.00

Current through Register 1525, July 5, 2024
An investigation of an institution will be carried out when
						facts are brought to the attention of the Board suggesting a reasonable
						probability of non-compliance with
						610 CMR
						2.00; or suggesting a reasonable probability that a
						degree or degrees are being or will be awarded within the Commonwealth without
						proper authority; or that a course or courses available to residents of the
						Commonwealth leading to the award of a degree or degrees are being or will be
						conducted within the Commonwealth without proper authority.
(1)
Information
					Required
. When an investigation is undertaken to inquire into
					probable non-compliance with standards, the Board will require the institution
					to provide specific information pertinent to the specific concern. The Board
					may require the institution to provide some or all of the information described
					in 610 CMR 2.07 and/or
					610
					CMR 2.08, if applicable.
(2)
Procedures to Revoke or
					Suspend Degree-Granting Authority
. In accordance with the
					provisions of M.G.L. c. 69, § 30A, if the Board has reason to believe that
					an institution does not comply with its regulations it shall conduct a
					preliminary inquiry of the matter. If this inquiry indicates a reason to
					believe that the institution does not comply with
					610 CMR
					2.00, the Chancellor of Higher Education may, if
					appropriate, review the alleged violations with the institution and approve a
					corrective course of action by the institution. Where the Chancellor does not
					determine it to be appropriate to review the alleged violations with the
					institution, or if the preliminary inquiry does not result in a satisfactory
					resolution of the concern, the Board may conduct an adjudicatory hearing
					pursuant to M.G.L. c. 69, § 30A to determine whether to revoke or suspend
					the institution's degree-granting authority. The Board may revoke or suspend
					the institution's degree-granting at the expiration of the time to file an
					appeal pursuant to M.G.L. c. 30A (30 days) if the institution elects not to
					file an appeal, or upon a final decision of an appeal by the court. The
					Boardshall notify the Secretary of State and the institution of any revocation
					or suspension.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 2.00 - Degree-granting Regulations For Independent Institutions Of Higher Education › Section 2.11 - Consumer Protection

Current through Register 1525, July 5, 2024
When an individual or a group of individuals bring a consumer
						complaint to the Board about an independent institution of higher education
						within the Commonwealth, the Board will proceed in the following manner:
(1) When the consumer complaint concerns an
					institution which is under the purview of the Board, Board staff will refer the
					complaint to the institution for clarification and response within a specified
					period of time. If the forthcoming clarification and response do not satisfy
					the Board, the matter shall be referred to the Consumer Protection Division
					and/or the Public Charities Division of the Attorney General's
					Office.
(2) When the consumer
					complaint concerns an institution which does not come under the purview of the
					Board, the Board will refer the complaint directly to the Consumer Protection
					Division and/or the Public Charities Division of the Attorney General's
					Office.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 2.00 - Degree-granting Regulations For Independent Institutions Of Higher Education › Section 2.12 - Effective Date

Current through Register 1525, July 5, 2024
610 CMR
						2.00 will be effective immediately following formal
						approval by a vote of the Board at a regular or special meeting of the Board,
						and filing with the office of the Secretary of State.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 2.00 - Degree-granting Regulations For Independent Institutions Of Higher Education › Section 2.13 - Amendment

Current through Register 1525, July 5, 2024
610 CMR
						2.00 may be amended by vote of the Board at any
						regular or special meeting of the Board with notice as provided in the Board's
						bylaws, and similar notice being provided to the chief executive office of the
						independent colleges and universities that are under the purview of the
						Board.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 2.00 - Degree-granting Regulations For Independent Institutions Of Higher Education › Section 2.14 - Severability

Current through Register 1525, July 5, 2024
If any portion of
						610 CMR
						2.00 is held or declared invalid, the remainder of
						610 CMR
						2.00 shall not be affected thereby.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 3.00 - Appointment of Volunteer Chief Executive Officers at State Universities and Community Colleges

Current through Register 1525, July 5, 2024
The Boards of Trustees of the State Universities and the
					Community Colleges, under extraordinary circumstances and as necessary to carry
					out and discharge their official duties, may appoint a volunteer acting chief
					executive officer (Acting President) who receives no compensation from the
					Commonwealth but receives compensation from a private employer for the period
					during which he or she is providing voluntary service to the college.
Appointments under
					610 CMR
					3.00 shall take effect upon approval of the
					Commissioner of Higher Education. In making a determination the Commissioner
					shall consider a written request from the Board of Trustees setting forth the
					reasons for the appointment and demonstrating the extraordinary circumstances
					for which the action is required. Appointments under
					610 CMR
					3.00 shall not exceed nine months unless the
					Commissioner approves an extension of the appointment in writing to the Board
					of Trustees.
REGULATORY AUTHORITY
610 CMR
						3.00: M.G.L. c. 15A, § 9(q) and
						21.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 5.00 - Hazing Reporting › Section 5.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
610 CMR
						5.00 governs the content and frequency of reports that
						Massachusetts public and private institutions of post secondary education must
						file with the Board of Higher Education regarding the distribution and
						acknowledgment of receipt of copies of the hazing laws and the adoption by
						public and private institutions of post secondary education of a disciplinary
						policy with regard to the organizers and participants in hazing
						activities.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 5.00 - Hazing Reporting › Section 5.02 - Definitions

Current through Register 1525, July 5, 2024
As used in
						610 CMR
						5.00:
Board
. Board of Higher Education, a
						state agency established pursuant to applicable provisions of M.G.L. c.
						15A.
College or University
. A public or
						private institution of higher education chartered, located, offering courses,
						or otherwise doing business in the Commonwealth leading to the award of a
						degree, or any educational institution chartered, incorporated or organized in
						another state conducting courses within the Commonwealth available to residents
						of the Commonwealth leading to the award of a degree.
Commissioner
. The chief executive and
						administrative officer of the Department of Higher Education and the Board of
						Higher Education, pursuant to M.G.L. c. 15A § 6.
Hazing
. As defined in M.G.L. c. 269,
						§ 17.
Public or Private Institutions of Post Secondary
						Education or Institution
. An institution located within
						Massachusetts which provides formal instructional programs with a curriculum
						designed primarily for students who have completed the requirements of a high
						school diploma or equivalent. This includes programs of an academic, vocational
						or continuing professional education, degree-granting colleges and
						universities, and non-degree-granting institutions.
Unaffiliated Student Group, Team or
						Organization
. Any group, team or organization that operates on or
						in conjunction with the campus of a college or university, but is not under the
						authority of the college or university.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 5.00 - Hazing Reporting › Section 5.03 - Reporting Requirements

Current through Register 1525, July 5, 2024
(1)
Content of Report
.
(a) Reports required by M.G.L. c. 269, §
					19 shall include the following certifications:
1. that the institution has complied with the
					responsibility to inform student groups, teams or organizations of the
					provisions of M.G.L. c. 269, §§ 17 and 18;
2. that the institution has notified each
					full-time student enrolled by the post secondary educational institution of the
					provisions of M.G.L. c. 269, §§ 17 and 18;
3. that the institution has adopted a
					disciplinary policy with regard to the organizers and participants of
					hazing;
4. that the institution's
					disciplinary policy with regard to the organizers and participants of hazing
					has been set forth with appropriate emphasis in the student handbook or that a
					similar means of communicating the institution's policies to its students has
					taken place.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 6.00 - Affirmative Action › Section 6.01 - Purpose

Current through Register 1525, July 5, 2024
610 CMR
						6.00 contains the procedures of the Board of Higher
						Education for carrying out its responsibilities in the administration and
						enforcement of M.G.L. c. 15 A, § 9(w).
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 6.00 - Affirmative Action › Section 6.02 - Scope

Current through Register 1525, July 5, 2024
The Board of Higher Education establishes an affirmative action
						policy to assure that:
(1) there shall
					be equal opportunity in employment and admission for all persons;
(2) there shall be no illegal discrimination
					in employment in or admission to any institution or the Board includingprograms
					and activities because of race, color, sex, sexual orientation, religion, age,
					national origin, disability or veteran status; and
(3) the full realization of equal opportunity
					in employment and admission will be promoted and achieved through a positive
					ongoing and continuing affirmative action program undertaken in each
					institution of higher education in the Commonwealth. This policy of Equal
					Opportunity/ Affirmative Action shall apply and shall be an integral part of
					every aspect of all personnel/admission policies and practices, including
					recruitment, admissions, employment practices and advancement of all employees
					and students of all institutions of higher education and the staff of the
					Board. This policy shall be implemented in accordance with all applicable
					federal and state laws and executive orders.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 6.00 - Affirmative Action › Section 6.03 - Definitions

Current through Register 1525, July 5, 2024
For the purposes of
						610 CMR
						6.00, the following terms will mean:
Age
. Used consistent with its
						definition in the Age Discrimination Act of 1975,
						42 U.S.C. section
						6101
et seq
. and the Age
						Discrimination in Employment Act of 1967 as amended,
						29 U.S.C. section
						621
et seq
.
Board
. the Board of Higher Education
						established by Massachusetts M.G.L. c. 15A or its successor.
Employment and admissions
. shall
						include recruitment.
Handicapped or disabled
. Used
						consistent with its definition in the Rehabilitation Act of 1973,
						29 U.S.C. section
						701
et seq
. Americans with
						Disabilities Act - 42 U.S.C., section 2101,
et seq
.
Institution
. Each public college or
						university, including each campus or other subdivision thereof, of higher
						education within the Commonwealth of Massachusetts, as set forth in M.G.L. c.
						15A, § 5.
Minorities or minority groups
. Persons
						legally residing in the United States who are Black, Cape Verdean, Western
						Hemisphere Hispanic, Eskimo, American Indian, Asian or Pacific Islander.
Personnel/admission policies and
						practices
. All formal or informal, expressed or implied policies,
						programs, and practices affecting employment, recruitment and admission with in
						an institution, segment, or the Board. This will include but is not limited to
						recruitment, admission, retention, hiring, training, promotion, compensation,
						transfer, suspension, termination, tenure, and all terms, conditions, and
						privileges of employment/admission within the control of a segment, institution
						or the Board.
Student
. Any individual enrolled on a
						full-time or part-time basis in an institution.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 6.00 - Affirmative Action › Section 6.04 - Nondiscrimination

Current through Register 1525, July 5, 2024
To assure nondiscrimination, each institution and the Board
						must:
(1) Carefully and systematically
					examine all its personnel/admission policies and practices to be sure that they
					do not adversely impact on any employee/student on the grounds of race, color,
					sex, sexual orientation, age, national origin, disability or veteran
					status.
(2) Implement a program
					necessary to assure that policies and practices are implemented in a
					nondiscriminatory manner.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 6.00 - Affirmative Action › Section 6.05 - Affirmative Action

Current through Register 1525, July 5, 2024
610 CMR
						6.00 requires affirmative action on the part of
						institutions and the Board to make every reasonable effort to assure that all
						practices and procedures are designed to promote positive advancement of
						minorities and women throughout all aspects of the institution's and the
						Board's operation. Each institution, and the Board shall develop and
						maintainanaflirmative action program in order to ensure equal
						opportunity.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 6.00 - Affirmative Action › Section 6.07 - Collective Bargaining

Current through Register 1525, July 5, 2024
(1) Where union
					contracts are being negotiated, institutions should ensure that layoff,
					retrenchment, or nonrenewal provisions include a statement that these
					provisions will be administered to the extent permitted by state or federal law
					so as to minimize or avoid any disproportionate adverse impact of minority or
					female or handicapped employees, and any detrimental effect on affirmative
					action gains which have been made.
(2) Whether or not such a statement is
					included in the union contract, if any, the employer shall take all reasonable
					efforts to ensure that retrenchment, layoff, or nonrenewal decisions minimize
					or avoid any disproportionate adverse impact on women, minorities, and
					handicapped employees.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 6.00 - Affirmative Action › Section 6.08 - Compliance and Enforcement

Current through Register 1525, July 5, 2024
Each institution shall include, as part of its affirmative
						action plan, institutional enforcement procedures to ensure institutional
						compliance with
						610 CMR
						6.00. Said enforcement procedures shall include, but
						not be limited to procedures for the resolution of grievances arising from
						alleged inequities at an institution.
The Board shall review the enforcement procedures and report
						its findings to the institution. In the event that the Board, in its review,
						finds the enforcement procedures to be inconsistent with the purposes of the
						610 CMR
						6.00, the Board shall instruct the institution to
						forward to the Board revised procedures within 30 calendar days of receipt of
						the Board's findings.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 6.00 - Affirmative Action › Section 6.09 - Compliance Reports

Current through Register 1525, July 5, 2024
Each institution shall, biennially by November 30th, file with
						the Board a compliance report in a form that the Board may prescribe, including
						but not necessarily limited to a copy of the Higher Education Staff Information
						Report, EEO-6, 29 CFR
						1602.50.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 6.00 - Affirmative Action › Section 6.10 - Board Affirmative Action Responsibilities

Current through Register 1525, July 5, 2024
The Board shall maintain an affirmative action function
						directed by a senior/upper level staff member and whose duties shall include
						the implementation, administration and enforcement of
						610 CMR
						6.00 and dissemination of rules and regulations and
						interpretations regarding Equal Opportunity and Affirmative Action emanating
						from the federal and/or state level, as well as maintaining liaison between
						applicable federal and state agencies and may furnish technical assistance to
						the segments and institutions upon request.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 6.00 - Affirmative Action › Section 6.11 - Institutional Affirmative Action Officers

Current through Register 1525, July 5, 2024
Each institution shall appoint a full time employee whose
						responsibilities shall include serving as Affirmative Action Officer. Said
						employee shall be a senior/upper level staff member who shall be directly
						responsible to and reports to the chief executive officer of the institution.
						The institution shall notify the Board of the name, job description and
						classification of its affrmative action officer. Thereafter, each institution
						shall immediately notify the Board of any vacancies, terminations, or new
						appointments of Affirmative Action Officers.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 6.00 - Affirmative Action › Section 6.12 - Sanctions

Current through Register 1525, July 5, 2024
Whenever the Board determines that an institution may have failed to comply with or has violated 610 CMR 6.00 it shall notify the institution and require an appropriate response from said institution assuring conformance with its affirmative action policy.
Where appropriate, the Board shall then require the institution to enter into a memorandum of agreement with the Board which shall include a plan for remedying the violation or non-compliance. This plan may include goals and timetables or other affirmative action measures. Compliance with the memorandum of agreement must be completed or evidence of reasonable progress must be demonstrated prior to the review of any new programs or petitions for degree granting authority, or prior to the approval of budgets. Should the institution fail to demonstrate reasonable progress toward the memorandum of agreement, the Board shall:
(1) Notify the institution of its intention to cite the institution for non-compliance, together with a detailed statement of reasons thereof, and notify said institution of its right to provide any documentation indicating that its actions are in compliance with its affirmative action policy. The institution may take any necessary steps to remedy such non-compliance prior to any further Board action.
(2) Cite the institution for non-compliance together with a detailed statement of reasons for the citation of non-compliance.
(3) Report said determination of non-compliance together with a detailed statement of reasons thereof to the appropriate federal and/or state agencies.
(4) Take appropriate action which may include but not be limited to the following actions until said violations are remedied:
(a) Deny new program approval;
(b) Deny degree granting authority;
(c) Hold in abeyance review of new programs;
(d) Seek appropriate relief in law and/or equity.
The governing board having authority over the institutions found in non-compliance with 610 CMR 6.00 shall use its legal authority and power to ensure compliance with 610 CMR 6.00.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 6.00 - Affirmative Action › Section 6.13 - Severability

Current through Register 1525, July 5, 2024
If any provision of
						610 CMR
						6.00 or the application to any circumstances shall be
						held invalid, the remainder of
						610 CMR
						6.00 or the application of
						610 CMR
						6.00 to such circumstances other than those to which
						it is held invalid shall not be affected thereby.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 10.00 - Privacy, Confidentiality, and Data Security › Section 10.01 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Scope and Purpose
. The Board of Higher Education
					pursuant to St. 1996, c. 151, continues
					610 CMR
					10.00 in full force and effect, unless the boards of
					trustees of the public institutions under the Board of Higher Education have
					promulgated or adopted privacy, confidentiality, and data security regulations
					applicable to their institutions. Additionally, regulations previously
					promulgated as 610 CMR 4.00 pursuant to M.G.L. c. 15A, § 9(s) have been
					merged into
					610 CMR
					10.00. Except where otherwise provided by law or
					judicial order, the provisions of
					610 CMR
					10.00 shall apply to the collection, maintenance,
					security, and dissemination of personal data contained in manual or
					computerized personal data systems and educational data collected by the Board
					of Higher Education.
					610 CMR
					10.00 shall not apply to:
(a) criminal offender record information as
					defined in M.G.L. c. 6, § 167;
(b) intelligence, analytical or investigative
					criminal reports, criminal evaluative data to the extent that the disclosure of
					such to a data subject would endanger the life or well-being of any
					person;
(c) personal data or other
					data which is not contained in a personal data system, or collected as
					educational data by the Board of Higher Education from public and independent
					institutions of higher education and other institutions, organizations and
					entities holding or otherwise involved with such data; and
(d) public records as otherwise defined in
					M.G.L. c. 4, § 7(26).
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 10.00 - Privacy, Confidentiality, and Data Security › Section 10.03 - Collection, Maintenance, and Dissemination of Personal Data

Current through Register 1525, July 5, 2024
(1)
Personal Data
.
(a)
General
. Except
					where otherwise provided by statute, regulation, or judicial order, a holder
					shall not collect, maintain, or disseminate any personal data other than that
					which is essential for the performance of functions authorized by law.
1.
Administration
.
					Acting pursuant to applicable provisions of M.G.L. c. 15A, the Board is legally
					responsible for providing certain aggregate educational data in report form to
					the legislative and executive branches of the Commonwealth and to the public.
					This aggregate data which shall be available for dissemination shall be
					produced in standard reports, including but not limited to enrollment, program
					inventory, regular statistical reports, special studies, tuition and fees, and
					enrollment projections. Such reports shall be prepared, issued or released on a
					regular schedule and upon executive or legislative request.
2.
Release of Official
					Data
. The Board shall prepare and have available certain aggregate
					educational data for release through public statements and in standard report
					format whenever reasonably practicable. Such data may be contained in regular
					statistical reports, special studies, testimonies or public statements. Data
					releases that do not conform to the established Board's available standard
					report format(s) shall meet the Board's internal standards to assure that they
					are current, consistent with other sources, and supported by adequate
					background information and analysis.
3.
Accuracy of Data
.
					The Board shall take reasonable steps to ensure that all educational data
					collected from data holders is accurate, complete and consistent with data
					previously on file with the Board or provided to the Board by other data
					holders. Data or reports prepared by the Board for disclosure which do not
					conform to the established Board's standard report format(s) shall be accurate,
					current and consistent with their sources, and shall, whenever practicable, be
					supported by adequate background information and analysis.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 10.00 - Privacy, Confidentiality, and Data Security › Section 10.04 - Individual Rights and Safeguards

Current through Register 1525, July 5, 2024
(1)
Information Officers: Officer Designation
. Each
					holder, as defined under
					610
					CMR 10.02, shall designate one person to
					serve as the officer responsible for any personal data system maintained by
					such holder.
(2)
Duties
					and Responsibilities of Information Officers
. The officer
					described in
					610
					CMR 10.04(1) shall ensure
					that all data subjects enjoy the rights provided under
					610 CMR
					10.00, M.G.L. c. 66A, c. 30, § 63 and c. 214,
					§ 3B, and he or she shall receive complaints and objections, answer
					questions, and direct operations with respect to the privacy, confidentiality,
					and security of personal data.
(3)
Right to Give or to Withhold Informed Consent
. Each
					data subject may give or withhold informed consent when requested by any holder
					to provide personal data.
(4)
Criteria for Informed Consent
. Consent may be deemed
					to be "informed consent" only if the holder provides the following information
					to the data subject and the data subject indicates his or her understanding and
					agreement:
(a) an explanation of how the data
					requested will be used and held;
(b) a statement identifying the agencies or
					persons who are likely to receive or hold the data, and an assurance that all
					such holders will keep the data confidential;
(c) an offer to answer any inquiries
					concerning the methods of holding data and the types of data to be held, with a
					statement indicating the right of a person to object to such methods or types
					in accordance with
					610
					CMR 10.04(12) through (16);
					and
(d) a statement indicating any
					legal requirements of a person to provide the data requested and of any legal
					or administrative consequences arising from a decision to withhold such
					data.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 11.00 - Optional Retirement Program › Section 11.01 - Authority

Current through Register 1525, July 5, 2024
610 CMR is promulgated by the Board of Higher Education
						pursuant to authority granted by M.G.L. c. 15A, § 40 and in accordance
						with the requirements of M.G.L. c. 30A regarding state administrative
						procedures.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 11.00 - Optional Retirement Program › Section 11.02 - Purpose

Current through Register 1525, July 5, 2024
610 CMR
						11.00 is promulgated to establish the rules and
						regulations governing the administration of and participation in the Optional
						Retirement Program pursuant to M.G.L. c. 15A, § 40 which requires the
						Board of Higher Education to establish an Optional Retirement
						Program.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 11.00 - Optional Retirement Program › Section 11.03 - Scope and Application

Current through Register 1525, July 5, 2024
610 CMR
						11.00 shall apply to the administration of and
						participation in the Board of Higher Education Optional Retirement Program
						including:
(1) Administration of the
					Optional Retirement Program shall include those provisions in
					610
					CMR 11.40 and subsequent sections.
(2) Participation in the Optional Retirement
					Program shall include:
(a)
New
					Employee
. Any eligible employee who is initially appointed on or
					after the effective date of the Optional Retirement Program may elect in
					writing to participate in the Optional Retirement Program within 90 days of the
					effective date of the appointment.
(b)
Incumbent
					Employee
.
1. Any eligible
					employee who is a member of any retirement system established under the
					provisions of M.G.L. c. 32 on the effective date of the Optional Retirement
					Program who has less than ten years of creditable service on the effective date
					of the Optional Retirement Program may elect in writing within 90 days of the
					effective date of the Optional Retirement Program to participate in the
					Program.
2. Any eligible employee
					who is a member of any retirement system established under the provisions of
					M.G.L. c. 32 on the effective date of the Optional Retirement Program who has
					less than ten years of creditable service on the date the employee becomes
					eligible to participate in the Optional Retirement Program may elect in writing
					to participate in the Optional Retirement Program within 90 days of the date
					the employee becomes eligible.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 11.00 - Optional Retirement Program › Section 11.04 - Exceptions

Current through Register 1525, July 5, 2024
Participation of the Optional Retirement Program shall not include:
(1) An eligible employee who becomes ineligible to participate in the Optional Retirement Program shall thereafter participate in the State Employee's Retirement System.
(2) Any non eligible employee.
(3) Any eligible incumbent employee who fails to make an election in writing to participate in the Optional Retirement Program within 90 days of the effective date of the Optional Retirement Program.
(4) Any eligible new employee who fails to make an election in writing to participate in the Optional Retirement Program within 90 days of the effective date of the appointment.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 11.00 - Optional Retirement Program › Section 11.11 - Custodial Accounts and Annuity Contracts

Current through Register 1525, July 5, 2024
An Optional Retirement Program employee member account shall be
						maintained by a provider into which the employee and employer contributions
						shall be transferred.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 11.00 - Optional Retirement Program › Section 11.12 - Plan Requirements

Current through Register 1525, July 5, 2024
(1) The benefits
					shall be payable only to participants in the Optional Retirement Program or
					their beneficiaries.
(2) The
					benefits shall be paid only by the selected providers in accordance with the
					terms of the custodial accounts, annuity contracts or certificates providing
					coverage to the participant.
(3) An
					active participant is prohibited from withdrawing contributions until the
					participant has fulfilled the requirements established in
					610
					CMR 11.12(2); provided,
					further, that any participant who becomes ineligible to participate in the
					Optional Retirement Program may withdraw their contributions.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 11.00 - Optional Retirement Program › Section 11.13 - Providers

Current through Register 1525, July 5, 2024
(1) The selected providers shall be
					authorized to conduct business within the Commonwealth.
(2) Each provider or issuer of annuity
					contracts under the Optional Retirement Program which is a life insurance
					company shall:
(a) Hold a certificate of
					authority to do a life insurance business in the Commonwealth.
(b) Maintain the minimum required capital and
					surplus required for Life Insurance Companies under the laws of the
					Commonwealth.
(c) Be a member of
					the Commonwealth's Life and Health Insurance Guaranty Association and be a
					member of the Life and Health Insurance Guaranty Association in any and all
					jurisdictions where required by law with similar retirement programs funded in
					whole or in part through the provider's annuities in which participants in the
					Optional Retirement Program might participate upon transfer of
					employment.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 11.00 - Optional Retirement Program › Section 11.14 - Eligibility

Current through Register 1525, July 5, 2024
Participation in the Optional Retirement Program shall be limited to persons who are otherwise eligible for membership in the State Employee's Retirement System as established under M.G.L. c. 32 for:
(1) Faculty Members;
(2) Chancellors of the campuses of the University of Massachusetts at Amherst, Boston, Dartmouth, Lowell, and Worcester;
(3) Commissioner of the Board; and
(4) Presidents of Public Institutions of Higher Education.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 11.00 - Optional Retirement Program › Section 11.15 - Election to Participate

Current through Register 1525, July 5, 2024
Election to participate in the Optional Retirement Program
						shall be for:
(1) Any eligible
					employee initially appointed on or after the effective date of the Optional
					Retirement Program may elect to join the Program within 90 days of the
					effective date of the appointment.
(2) Any eligible employee who is a member of
					any M.G.L. c. 32 retirement system on the effective date of the Optional
					Retirement Program who has less than ten years of creditable service on the
					Optional Retirement Program effective date, may elect to participate in the
					Program within 90 days after the effective date of the Program.
(3) Any employee who is a member of any M. G.
					L. c. 32 retirement system who has less than ten years of creditable service on
					the date the employee becomes eligible, can elect to participate in the
					Optional Retirement Program within 90 days the employee becomes
					eligible.
(4) Any eligible employee
					electing to participate in the Optional Retirement System program shall not be
					eligible for the State Employees' Retirement System as long as the employee
					remains continuously employed in any eligible position.
(5) The election shall be irrevocable for so
					long as the employee continues to meet the eligibility requirements.
(6) Once an employee is ineligible to
					participate in the Optional Retirement Program, the employee can thereafter
					participate in the State Employees' Retirement System.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 11.00 - Optional Retirement Program › Section 11.16 - Member Contributions

Current through Register 1525, July 5, 2024
An eligible employee in the Optional Retirement Program:
(1) Shall not be required to make
					contributions to the State Employees' Retirement System.
(2) Shall contribute to the Program an amount
					equal to the contribution the employee would have made to the State Employees'
					Retirement System.
(3) May direct
					the amount of the accumulated total deductions and interest from the State
					Employees' Retirement System to the employee's Optional Retirement Program
					Account.
(4) May direct the amount
					of the accumulated total deductions and interest from the State Employees'
					Retirement System to remain in the State Employees' Retirement
					System.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 11.00 - Optional Retirement Program › Section 11.17 - Employer Contributions

Current through Register 1525, July 5, 2024
The State Employees' Retirement System shall contribute an
						amount equal to 5% of the regular pay as defined in M.G.L. c. 32 of a
						participating Optional Retirement Program employee, as follows:
(1) Up to 1% of the employer contribution
					shall go to an Optional Retirement Program Life and Disability
					Account.
(2) The balance of the
					employer contribution shall be transferred to an Optional Retirement Program
					Provider Account:
(a) A monthly fee amount
					established by the Council to be approved by the Comptroller shall be
					transferred to the Optional Retirement Program Administrative Account to pay
					for the direct costs to administer the Program and the costs to establish the
					Program.
(b) The balance of the
					employer contribution shall be transferred to the Optional Retirement Program
					employee contract(s) or custodial account(s) in direct proportion to each
					employee's regular compensation.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 11.00 - Optional Retirement Program › Section 11.18 - Exemption from Taxation

Current through Register 1525, July 5, 2024
The funds accumulated under the Optional Retirement Program
						shall be exempt from taxation, including income taxes levied under the
						provisions of M.G.L. c. 62, including:
(1) The rights of a participant to a
					custodial account, an annuity, the annuity contracts or certificates providing
					coverage to participants.
(2) The
					rights in and to the funds accumulated under the custodial accounts, annuity
					contracts, or certificates.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 11.00 - Optional Retirement Program › Section 11.19 - Assignment of Rights

Current through Register 1525, July 5, 2024
No assignment of any right in or to any funds or annuities
						under the Optional Retirement Program shall be valid except an assignment as
						may be made for the purpose of making restitution in the case of dereliction
						from duty by any participant pursuant to M.G.L. c. 32, § 15, as long as
						the assignment does not violate the restrictions of the Internal Revenue Code.
						A participant's custodial account or annuity may be attached, taken on
						execution, assigned, or subject to another process to satisfy a support order
						under M.G.L c. 208, 209, or 273, as long as the order constitutes a qualified
						domestic relations order under the terms of the Internal Revenue
						Code.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 11.00 - Optional Retirement Program › Section 11.41 - Commonwealth of Massachusetts Systems

Current through Register 1525, July 5, 2024
The administrative systems of the Commonwealth of Massachusetts
						will generally be utilized to administer the Optional Retirement
						Program.
(1) The Optional Retirement
					Program shall be accounted for as a Non-Expendable Trust Fund on the books of
					account of the Commonwealth of Massachusetts.
(2) The Board of Higher Education shall have
					the ability to define procedures, records, and forms to administer the Optional
					Retirement Program.
Code of Massachusetts Regulations › 610 CMR - BOARD OF HIGHER EDUCATION › Title 610 CMR 11.00 - Optional Retirement Program › Section 11.42 - Member Elections

Current through Register 1525, July 5, 2024
Any eligible employee may elect to participate in the Optional
						Retirement Program.
(1) Any new
					eligible employee who is initially appointed on or after the effective date of
					the Optional Retirement Program shall elect to participate or not to
					participate in the Optional Retirement Program within 90 days of the effective
					date of the appointment.
(2) Any
					eligible employee who is a member of any retirement system established under
					the provisions of M. G. L. c. 32 on the effective date of the Optional
					Retirement Program who has less than ten years of creditable service on the
					date the employee becomes eligible to participate in the Optional Retirement
					Program shall elect to participate or not participate in the Optional
					Retirement Program within 90 days of the date the employee becomes
					eligible.
(3) Any election shall
					take effect not later than the next pay period following the date of the
					election.