reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 2 - ACADEMIC AND WORKFORCE EDUCATION › Subchapter G - APPROVAL PROCESS FOR NEW DOCTORAL AND PROFESSIONAL DEGREE PROGRAMS › Section 2.146 - Criteria for New Doctoral and Professional Degree Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) All proposed
				  doctoral and professional degree programs must meet the criteria set out in
				  this subsection, in addition to the general criteria in subchapter A, §2.5
				  of this chapter (relating to General Criteria for Program Approval).
(b) Each institution must provide evidence in
				  its application that a proposed doctoral and professional program meets the
				  following criteria.
(1) Program Need. To meet
				  the requirements of subchapter A, §2.5(a)(1) and (2) of this chapter, the
				  institution must be able to demonstrate present and future workforce need of
				  the state and nation. There should be a ready job market for graduates of the
				  program. In assessing the need for the program, the institution should consider
				  labor market information and other data provided by Board Staff in response to
				  the institution's Planning Notification. While Board Staff may also recommend
				  or use generally available information to assess the need for the program,
				  particularly in cases where labor market needs are changing rapidly, it is the
				  responsibility of the institution requesting a doctoral or professional program
				  to demonstrate that a workforce need for the proposed program exists.
				  Acceptable documentation includes:
(A) An
				  analysis of national data showing the number of doctoral or professional
				  degrees being produced annually in the discipline and comparing that to the
				  numbers of professional job openings for those degrees in the discipline as
				  indicated by sources such as the main professional journal(s) of the
				  discipline.
(B) The institution
				  must also provide data on the enrollments, number of graduates, and capacity to
				  accept additional students of other similar doctoral programs in Texas,
				  demonstrating that current production levels of graduates are insufficient to
				  meet projected workforce needs. The Board may consider local, state, or
				  national workforce needs in this analysis.
(C) The institution should also provide
				  evidence of student demand for a doctoral program in the discipline, such as
				  potential student survey results and documentation that qualified students are
				  not gaining admission to existing programs in Texas.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 2 - ACADEMIC AND WORKFORCE EDUCATION › Subchapter G - APPROVAL PROCESS FOR NEW DOCTORAL AND PROFESSIONAL DEGREE PROGRAMS › Section 2.147 - Embedded Credential: Master's Degree

Current through Reg. 49, No. 28; July 12, 2024
An institution may offer a master's degree as an embedded
					 credential in the same, a related, or supporting field to a student who
					 enrolled in a doctoral program. The institution may request approval for the
					 master's degree:
(1) in the
				  application for the doctoral program; or
(2) may request the master's degree program
				  subject to Expedited Review under subchapter A, 2.4 of this chapter, if the
				  institution already offers an approved doctoral program in the same CIP
				  Code.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 2 - ACADEMIC AND WORKFORCE EDUCATION › Subchapter G - APPROVAL PROCESS FOR NEW DOCTORAL AND PROFESSIONAL DEGREE PROGRAMS › Section 2.148 - Approval and Semester Credit Hours

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board shall
				  review and approve or deny a proposed doctoral or professional degree in
				  accordance with the applicable provisions under subchapter A and this
				  subchapter.
(b) If the Board
				  approves a program that requires more than 100 semester credit hours, that
				  program is deemed to meet the requirements for formula funding of doctoral
				  students over 100 credit hours, but not to exceed 130 semester credit hours,
				  set out in Tex. Educ. Code §61.059.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 2 - ACADEMIC AND WORKFORCE EDUCATION › Subchapter G - APPROVAL PROCESS FOR NEW DOCTORAL AND PROFESSIONAL DEGREE PROGRAMS › Section 2.149 - Non-Compliance with Approval Conditions

Current through Reg. 49, No. 28; July 12, 2024
(a) If a new
				  doctoral or professional degree program fails to satisfy all conditions of
				  approval by the end of the first five years following program implementation,
				  Board Staff shall notify the institution in writing of its deficiencies. Within
				  sixty days of receipt of notification, the program shall:
(1) provide to Board Staff a written report
				  containing the institution's findings as to why all conditions of approval were
				  not met;
(2) submit a written plan
				  describing how the program will fulfill all unsatisfied conditions of approval
				  within one year; and
(3) at the end
				  of the one-year period provide a report to Board Staff on whether all
				  unsatisfied conditions of approval have been fulfilled.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 2 - ACADEMIC AND WORKFORCE EDUCATION › Subchapter G - APPROVAL PROCESS FOR NEW DOCTORAL AND PROFESSIONAL DEGREE PROGRAMS › Section 2.150 - Post-Approval Program Reviews

Current through Reg. 49, No. 28; July 12, 2024
Board staff shall conduct post-approval reviews in
					 accordance with subchapter I of this chapter.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 2 - ACADEMIC AND WORKFORCE EDUCATION › Subchapter G - APPROVAL PROCESS FOR NEW DOCTORAL AND PROFESSIONAL DEGREE PROGRAMS › Section 2.151 - Revisions to Approved Doctoral or Professional Programs

Current through Reg. 49, No. 28; July 12, 2024
An institution may request a non-substantive or substantive
					 revision or modification to an approved doctoral or professional program under
					 subchapter A, §2.7 of this chapter (relating to informal Notice and
					 Comment of Proposed Local Programs).
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 2 - ACADEMIC AND WORKFORCE EDUCATION › Subchapter G - APPROVAL PROCESS FOR NEW DOCTORAL AND PROFESSIONAL DEGREE PROGRAMS › Section 2.152 - Phasing Out a Doctoral or Professional Program

Current through Reg. 49, No. 28; July 12, 2024
An institution may request to phase out a doctoral or
					 professional program under subchapter H of this chapter.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 2 - ACADEMIC AND WORKFORCE EDUCATION › Subchapter G - APPROVAL PROCESS FOR NEW DOCTORAL AND PROFESSIONAL DEGREE PROGRAMS › Section 2.153 - Effective Date of Rules

Current through Reg. 49, No. 28; July 12, 2024
Each rule under this subchapter applies to each program for
					 which an institution has submitted a required Planning Notification on or after
					 June 1, 2023. For a proposed program not required to submit a Planning
					 Notification, these rules apply to a program submitted for notification or
					 approval on or after September 1, 2023.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 2 - ACADEMIC AND WORKFORCE EDUCATION › Subchapter H - PHASING OUT DEGREE AND CERTIFICATE PROGRAMS › Section 2.170 - Authority

Current through Reg. 49, No. 28; July 12, 2024
Texas Education Code §
										61.0512
					 gives the Board authority to approve new degree or certificate programs. The
					 Board maintains the list of approved programs in a Program Inventory for each
					 institution. Establishing a phase-out procedure for programs ensures the
					 accuracy of the Program Inventories, which is necessary for the Board to carry
					 out its duties under Tex. Educ. Code §61.0512.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 2 - ACADEMIC AND WORKFORCE EDUCATION › Subchapter H - PHASING OUT DEGREE AND CERTIFICATE PROGRAMS › Section 2.171 - Program Phase-Out Notification

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  institution where the program is located wishes to close the program, the
				  institution shall:
(1) develop and execute a
				  teach-out plan;
(2) give
				  appropriate notification to the federally-recognized institutional accreditor
				  and the Program's accreditor, as applicable;
(3) cease to admit new students to the
				  program;
(4) ensure that all
				  courses necessary to complete the program are offered on a timely basis;
				  and
(5) close the program when the
				  last student enrolled in the program has graduated or the teach-out period has
				  lapsed.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 2 - ACADEMIC AND WORKFORCE EDUCATION › Subchapter H - PHASING OUT DEGREE AND CERTIFICATE PROGRAMS › Section 2.172 - Effective Date of Rules

Current through Reg. 49, No. 28; July 12, 2024
This rule applies to a program that an institution seeks to
					 close on or after September 1, 2023.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 2 - ACADEMIC AND WORKFORCE EDUCATION › Subchapter I - REVIEW OF EXISTING DEGREE PROGRAMS › Section 2.180 - Authority

Current through Reg. 49, No. 28; July 12, 2024
The authority for this subchapter is Texas Education Code
					 §
										61.002, which directs the
					 Board to coordinate higher education through efficient and effective use of
					 resources and elimination of costly program duplication; Tex. Educ. Code
					 §61.0512(e), which requires the Board to conduct reviews of programs at
					 least every ten years after the program's establishment; and Tex. Educ. Code
					 §130.311, which requires public junior colleges to issue a report on their
					 baccalaureate programs to the Board.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 2 - ACADEMIC AND WORKFORCE EDUCATION › Subchapter I - REVIEW OF EXISTING DEGREE PROGRAMS › Section 2.182 - Doctoral and Professional Degree Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) Board Staff
				  shall monitor a new doctoral or professional degree program for a period of
				  five years following implementation of the program to ensure that any
				  conditions of approval stipulated by the Board have been satisfied by the end
				  of that period.
(b) The institution
				  shall describe progress toward satisfaction of any conditions of approval to
				  Board Staff in the new doctoral and professional program's annual reports to
				  the Board.
(c) Board Staff shall
				  not require a new doctoral or professional degree program that adequately
				  satisfied all conditions of approval during the first five years following
				  program implementation to submit further annual reports unless directed to do
				  so by the Commissioner.
(d) The
				  Commissioner may require any reporting necessary to determine whether the
				  program remains in compliance with the terms of its program approval or these
				  rules.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 2 - ACADEMIC AND WORKFORCE EDUCATION › Subchapter I - REVIEW OF EXISTING DEGREE PROGRAMS › Section 2.183 - Baccalaureate Degree Programs at Public Junior Colleges

Current through Reg. 49, No. 28; July 12, 2024
(a) Each public
				  junior college offering a baccalaureate degree program under this subchapter
				  shall conduct a review of each baccalaureate degree program offered and prepare
				  a biennial report on the operation, quality, and effectiveness of the
				  baccalaureate degree programs in a format specified by the Board. A copy of the
				  report shall be delivered to the Board by January 1 of each odd numbered
				  year.
(b) The Commissioner may
				  require any reporting necessary to determine whether the program remains in
				  compliance with the terms of its program approval, statute, or these
				  rules.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 2 - ACADEMIC AND WORKFORCE EDUCATION › Subchapter I - REVIEW OF EXISTING DEGREE PROGRAMS › Section 2.184 - Effective Date of Rules

Current through Reg. 49, No. 28; July 12, 2024
Each rule under this subchapter applies to a review of a
					 program for which an institution has submitted a required Planning Notification
					 on or after June 1, 2023, or submitted its program approval request on or after
					 September 1, 2023. For all other programs, including proposed programs not
					 required to submit a Planning Notification, these rules apply on or after
					 September 1, 2023.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 2 - ACADEMIC AND WORKFORCE EDUCATION › Subchapter J - APPROVAL OF DISTANCE EDUCATION FOR PUBLIC INSTITUTIONS › Section 2.200 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This subchapter establishes rules for all public
					 institutions of higher education in Texas regarding the delivery of distance
					 education. The rules are designed to provide Texas residents with access to
					 courses and programs that meet their needs and to promote course and program
					 quality.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 2 - ACADEMIC AND WORKFORCE EDUCATION › Subchapter J - APPROVAL OF DISTANCE EDUCATION FOR PUBLIC INSTITUTIONS › Section 2.201 - Authority

Current through Reg. 49, No. 28; July 12, 2024
Authority for this subchapter is provided by Texas
					 Education Code §
										61.0512(g),
					 which provides the Board with the authority to approve distance education
					 offered for credit.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 2 - ACADEMIC AND WORKFORCE EDUCATION › Subchapter J - APPROVAL OF DISTANCE EDUCATION FOR PUBLIC INSTITUTIONS › Section 2.202 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise. The definitions in 19 TAC, Chapter 2, Subchapter A,
					 §2.3, apply for this subchapter unless a more specific definition for the
					 same term is indicated in this rule.
(1) Credit course--A college-level course
				  that, if successfully completed, can be applied toward the number of courses
				  required for achieving an academic or workforce degree, diploma, certificate,
				  or other formal award.
(2) Distance
				  Education--The formal educational process that occurs when students and
				  instructors are in separate physical locations for the majority (more than 50
				  percent) of instruction.
(3)
				  Distance Education Course--A course in which a majority (more than 50 percent)
				  of the instruction occurs when the student(s) and instructor(s) are in separate
				  physical locations. The definition of distance education course does not
				  include courses with 50 percent or less instruction when the student(s) and
				  instructor(s) are in separate physical locations. Two categories of distance
				  education courses are defined:
(A) 100-Percent
				  Online Course--A distance education course in which 100 percent of
				  instructional activity takes place when the student(s) and instructor(s) are in
				  separate physical locations. Requirements for on-campus or in-person
				  orientation, testing, academic support services, internships/fieldwork, or
				  other non-instructional activities do not exclude a course from this
				  category.
(B) Hybrid Course--A
				  distance education course in which more than 50 percent but less than 100
				  percent of instructional activity takes place when the student(s) and
				  instructor(s) are in separate physical locations.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 2 - ACADEMIC AND WORKFORCE EDUCATION › Subchapter J - APPROVAL OF DISTANCE EDUCATION FOR PUBLIC INSTITUTIONS › Section 2.203 - Applicability of Subchapter

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter
				  applies to an institution that seeks to offer one or more Credit Courses as
				  defined in §
										2.202(1) of this
				  subchapter via distance education.
(b) This subchapter does not apply to an
				  institution that seeks to offer non-credit courses, including non-credit
				  continuing education, via distance education. An institution offering only
				  non-credit course(s) via distance education is not required to obtain approval
				  under this subchapter regardless whether the course is otherwise eligible for
				  funding.
(c) This subchapter
				  applies only to determination of whether an institution is authorized to offer
				  course(s) via distance education and does not govern the course eligibility for
				  funding. The agency shall determine whether a course is eligible for funding
				  based on the applicable statutes and rules in the Texas Administrative
				  Code.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 2 - ACADEMIC AND WORKFORCE EDUCATION › Subchapter J - APPROVAL OF DISTANCE EDUCATION FOR PUBLIC INSTITUTIONS › Section 2.204 - Distance Education Standards and Criteria; the Principles of Good Practice for Distance Education

Current through Reg. 49, No. 28; July 12, 2024
The following provisions apply to all institutions covered
					 under this subchapter, unless otherwise specified:
(1) Principles of Good Practice for Distance
				  Education. The Coordinating Board will adopt standards and criteria for
				  Distance Education in the Principles of Good Practice for Distance Education.
				  An institution's Institutional Plan for Distance Education ("Plan" or "IPDE")
				  shall conform to the Principles of Good Practice for Distance Education in
				  effect at the time the institution submits the Plan, as described in §
										2.205 of this subchapter.
(A) Content of the Principles of Good
				  Practice for Distance Education. The Principles of Good Practice for Education
				  will contain a list of criteria necessary for the institution to demonstrate
				  provision of high-quality distance education. These criteria may Include
				  provisions relating to:
(i) Institutional
				  Context and Commitment;
(ii)
				  Curriculum and Instruction;
(iii)
				  Faculty;
(iv) Evaluation and
				  Assessment;
(v) Facilities and
				  Finances; and
(vi) Adherence to
				  Federal Requirements.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 2 - ACADEMIC AND WORKFORCE EDUCATION › Subchapter J - APPROVAL OF DISTANCE EDUCATION FOR PUBLIC INSTITUTIONS › Section 2.206 - Distance Education Degree or Certificate Program Notification

Current through Reg. 49, No. 28; July 12, 2024
The following provisions apply to all programs covered
					 under this subchapter, unless otherwise specified:
(1) Board Staff must maintain an accurate
				  inventory of Distance Education Degree or Certificate Programs in the Distance
				  Education Program Inventory.
(2) To
				  offer an existing certificate or degree through the Distance Education
				  modality, an institution must notify Board Staff of intent to offer an approved
				  degree or certificate program through the Distance Education modality. To
				  submit this notification, the institution must certify that it has an
				  Institutional Plan for Distance Education in good standing and compliance with
				  §
										2.204(b) of this
				  subchapter. Board Staff will update the institution's Distance Education
				  Program Inventory.
(3) To offer a
				  new certificate or degree, an institution shall follow the program approval
				  request rules laid out in the appropriate subchapter of this chapter and
				  indicate its intent to deliver the new program through Distance Education on
				  the program request form. To offer a new certificate or degree through Distance
				  Education, the institution must certify that it has an Institutional Plan for
				  Distance Education in good standing and compliance with §
										2.204(b) of this
				  subchapter. Board Staff will update the institution's Distance Education
				  Program Inventory upon the program's final approval.
(4) If an institution intends to cease
				  offering an approved program via Distance Education modality, the institution
				  must notify Board Staff. If an institution intends to phase out an approved
				  degree or certificate program completely, the institution must follow the
				  process in Chapter 2, Subchapter H of this title (relating to Phasing Out
				  Degree and Certificate Programs). Board Staff will update the institutions
				  Distance Education Program Inventory.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 2 - ACADEMIC AND WORKFORCE EDUCATION › Subchapter J - APPROVAL OF DISTANCE EDUCATION FOR PUBLIC INSTITUTIONS › Section 2.207 - Effective Date of Rules

Current through Reg. 49, No. 28; July 12, 2024
The effective date of this subchapter is December 1, 2023.
					 Each institution must submit an Institutional Plan for Distance Education
					 ("IPDE") in accordance with this subchapter on or after that date by the due
					 dates set out in §
										2.205(d)(1) of
					 this subchapter. IPDEs currently on file as of December 1, 2023, will remain
					 filed in good standing until the first due date under §2.205(d)(1).
					 Learning Technology Advisory Committee shall cease conducting reviews and make
					 recommendations regarding distance education doctoral program proposals under
					 19 TAC §
										1.190(3) upon
					 final adoption of this subchapter. An institution is not required to submit a
					 request for review under 19 TAC §
										1.190(3) upon
					 final adoption of this subchapter.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 3 - RULES APPLYING TO ALL PUBLIC AND PRIVATE OR INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION IN TEXAS REGARDING ELECTRONIC REPORTING OPTION FOR CERTAIN OFFENSES; AMNESTY › Subchapter A - REQUIREMENTS FOR CERTAIN INCIDENTS OF SEXUAL HARASSMENT, SEXUAL ASSAULT, DATING VIOLENCE, OR STALKING AT CERTAIN PUBLIC AND PRIVATE INSTITUTIONS OF HIGHER EDUCATION; AUTHORIZING ADMINISTRATIVE PENALTIES › Section 3.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to establish rules to
					 require public, private, and independent institutions of higher education to
					 report incidents of sexual harassment, sexual assault, dating violence, and
					 stalking; to adopt a policy on sexual harassment, sexual assault, dating
					 violence, and stalking; implement electronic reporting protocols for such
					 incidents; develop a comprehensive prevention and outreach program; and
					 establish penalties for noncompliance; and provide amnesty or immunities to
					 students and employees who report incidents of sexual harassment, sexual
					 assault, dating violence, and stalking.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 3 - RULES APPLYING TO ALL PUBLIC AND PRIVATE OR INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION IN TEXAS REGARDING ELECTRONIC REPORTING OPTION FOR CERTAIN OFFENSES; AMNESTY › Subchapter A - REQUIREMENTS FOR CERTAIN INCIDENTS OF SEXUAL HARASSMENT, SEXUAL ASSAULT, DATING VIOLENCE, OR STALKING AT CERTAIN PUBLIC AND PRIVATE INSTITUTIONS OF HIGHER EDUCATION; AUTHORIZING ADMINISTRATIVE PENALTIES › Section 3.2 - Authority

Current through Reg. 49, No. 28; July 12, 2024
Texas Education Code Subchapters E-2, Chapter 51,
					 §51.259 and Subchapter E-3, Chapter 51, §51.295 authorize the Texas
					 Higher Education Coordinating Board to adopt rules necessary to administer
					 these Subchapters.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 3 - RULES APPLYING TO ALL PUBLIC AND PRIVATE OR INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION IN TEXAS REGARDING ELECTRONIC REPORTING OPTION FOR CERTAIN OFFENSES; AMNESTY › Subchapter A - REQUIREMENTS FOR CERTAIN INCIDENTS OF SEXUAL HARASSMENT, SEXUAL ASSAULT, DATING VIOLENCE, OR STALKING AT CERTAIN PUBLIC AND PRIVATE INSTITUTIONS OF HIGHER EDUCATION; AUTHORIZING ADMINISTRATIVE PENALTIES › Section 3.3 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) Coordinating Board or Board--The Texas
				  Higher Education Coordinating Board.
(b) Course and Scope of Employment--means an
				  employee performing duties in the furtherance of the institution's
				  interests.
(c) "Dating violence,"
				  "sexual assault," and "stalking" have the same meanings assigned by the Jeanne
				  Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act
				  (20
				  U.S.C. Section
				  1092(f)(6)(A)).
(d) Postsecondary educational institution--an
				  institution of higher education or a private or independent institution of
				  higher education, as those terms are defined by Texas Education Code, §
										61.003.
(e) Sexual harassment--unwelcome, sex-based
				  verbal or physical conduct that:
(1) in the
				  employment context, unreasonably interferes with a person's work performance or
				  creates an intimidating, hostile, or offensive work environment; or
(2) in the education context, is sufficiently
				  severe, persistent, or pervasive that the conduct interferes with a student's
				  ability to participate in or benefit from educational programs or activities at
				  a postsecondary educational institution.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 3 - RULES APPLYING TO ALL PUBLIC AND PRIVATE OR INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION IN TEXAS REGARDING ELECTRONIC REPORTING OPTION FOR CERTAIN OFFENSES; AMNESTY › Subchapter A - REQUIREMENTS FOR CERTAIN INCIDENTS OF SEXUAL HARASSMENT, SEXUAL ASSAULT, DATING VIOLENCE, OR STALKING AT CERTAIN PUBLIC AND PRIVATE INSTITUTIONS OF HIGHER EDUCATION; AUTHORIZING ADMINISTRATIVE PENALTIES › Section 3.4 - Policy on Sexual Harassment, Sexual Assault, Dating Violence, and Stalking

Current through Reg. 49, No. 28; July 12, 2024
(a) Each postsecondary educational
				  institution shall adopt a policy on sexual harassment, sexual assault, dating
				  violence, and stalking applicable to each enrolled student and employee of the
				  institution and have the policy approved by the institution's governing body.
				  The policy must include:
(1) Definitions of
				  prohibited behavior;
(2) Sanctions
				  for violations;
(3) Protocol for
				  reporting and responding to reports of sexual harassment, sexual assault,
				  dating violence, and stalking that complies with the electronic reporting
				  requirement in § 3.7 of this subchapter (relating to Electronic Reporting
				  Requirement);
(4) Interim measures
				  to protect victims of sexual harassment, sexual assault, dating violence, or
				  stalking pending the institution's disciplinary process, including protection
				  from retaliation, and any other accommodations or supportive measures available
				  to those victims at the institution. This section is not intended to limit an
				  institution's ability to implement accommodations to others as needed;
				  and
(5) A statement regarding:
(A) the importance of a victim of sexual
				  harassment, sexual assault, dating violence, or stalking going to a hospital
				  for treatment and preservation of evidence, if applicable, as soon as
				  practicable after the incident;
(B)
				  the right of a victim of sexual harassment, sexual assault, dating violence, or
				  stalking to report the incident to the institution and to receive a prompt and
				  equitable resolution of the report; and
(C) the right of a victim of a crime to
				  choose whether to report the crime to law enforcement, to be assisted by the
				  institution in reporting the crime to law enforcement, or to decline to report
				  the crime to law enforcement.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 3 - RULES APPLYING TO ALL PUBLIC AND PRIVATE OR INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION IN TEXAS REGARDING ELECTRONIC REPORTING OPTION FOR CERTAIN OFFENSES; AMNESTY › Subchapter A - REQUIREMENTS FOR CERTAIN INCIDENTS OF SEXUAL HARASSMENT, SEXUAL ASSAULT, DATING VIOLENCE, OR STALKING AT CERTAIN PUBLIC AND PRIVATE INSTITUTIONS OF HIGHER EDUCATION; AUTHORIZING ADMINISTRATIVE PENALTIES › Section 3.5 - Reporting Required for Certain Incidents

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  employee of a postsecondary educational institution who, in the course and
				  scope of employment, witnesses or receives information regarding the occurrence
				  of an incident that the employee reasonably believes constitutes sexual
				  harassment, sexual assault, dating violence, or stalking and is alleged to have
				  been committed by or against a person who was a student enrolled at or an
				  employee of the institution at the time of the incident shall promptly report
				  the incident to the institution's Title IX coordinator or deputy Title IX
				  coordinator.
(1) The employee's duty to
				  report an incident begins on the effective date of these regulations or January
				  1, 2020, whichever is later;
(2)
				  The employee is required to report an incident regardless of when or where the
				  incident occurred; and
(3)
				  Institutions may establish additional reporting avenues to comply with this
				  section provided that the reports are promptly routed to the Title IX
				  coordinator or deputy Title IX coordinator.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 3 - RULES APPLYING TO ALL PUBLIC AND PRIVATE OR INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION IN TEXAS REGARDING ELECTRONIC REPORTING OPTION FOR CERTAIN OFFENSES; AMNESTY › Subchapter A - REQUIREMENTS FOR CERTAIN INCIDENTS OF SEXUAL HARASSMENT, SEXUAL ASSAULT, DATING VIOLENCE, OR STALKING AT CERTAIN PUBLIC AND PRIVATE INSTITUTIONS OF HIGHER EDUCATION; AUTHORIZING ADMINISTRATIVE PENALTIES › Section 3.6 - Administrative Reporting Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Not
				  less than once every three months, the Title IX coordinator of a postsecondary
				  educational institution shall submit to the institution's chief executive
				  officer a written report ("Title IX Coordinator Report") on the reports
				  received for the institution's reporting period under §3.5, including
				  information regarding:
(1) the investigation
				  of those reports;
(2) the
				  disposition, if any, of any disciplinary processes arising from those reports;
				  and
(3) the reports for which the
				  institution determined not to initiate a disciplinary process, if
				  any.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 3 - RULES APPLYING TO ALL PUBLIC AND PRIVATE OR INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION IN TEXAS REGARDING ELECTRONIC REPORTING OPTION FOR CERTAIN OFFENSES; AMNESTY › Subchapter A - REQUIREMENTS FOR CERTAIN INCIDENTS OF SEXUAL HARASSMENT, SEXUAL ASSAULT, DATING VIOLENCE, OR STALKING AT CERTAIN PUBLIC AND PRIVATE INSTITUTIONS OF HIGHER EDUCATION; AUTHORIZING ADMINISTRATIVE PENALTIES › Section 3.7 - Electronic Reporting

Current through Reg. 49, No. 28; July 12, 2024
Each postsecondary educational institution shall provide an
					 option for a student enrolled at or an employee of the institution to
					 electronically report to the institution an allegation of sexual harassment,
					 sexual assault, dating violence, or stalking committed against or witnessed by
					 the student or employee, regardless of the location at which the alleged
					 offense occurred. The electronic reporting option must:
(1) Allow for anonymous reporting;
				  and
(2) Be easily accessible via a
				  clearly identifiable link on the institution's website home page.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 3 - RULES APPLYING TO ALL PUBLIC AND PRIVATE OR INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION IN TEXAS REGARDING ELECTRONIC REPORTING OPTION FOR CERTAIN OFFENSES; AMNESTY › Subchapter A - REQUIREMENTS FOR CERTAIN INCIDENTS OF SEXUAL HARASSMENT, SEXUAL ASSAULT, DATING VIOLENCE, OR STALKING AT CERTAIN PUBLIC AND PRIVATE INSTITUTIONS OF HIGHER EDUCATION; AUTHORIZING ADMINISTRATIVE PENALTIES › Section 3.8 - Failure to Report or False Report

Current through Reg. 49, No. 28; July 12, 2024
A postsecondary educational institution shall terminate the
					 employment of an employee whom the institution determines, in accordance with
					 the institution's disciplinary procedure, to have committed an offense under
					 Texas Education Code Sec.
					 51.255.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 3 - RULES APPLYING TO ALL PUBLIC AND PRIVATE OR INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION IN TEXAS REGARDING ELECTRONIC REPORTING OPTION FOR CERTAIN OFFENSES; AMNESTY › Subchapter A - REQUIREMENTS FOR CERTAIN INCIDENTS OF SEXUAL HARASSMENT, SEXUAL ASSAULT, DATING VIOLENCE, OR STALKING AT CERTAIN PUBLIC AND PRIVATE INSTITUTIONS OF HIGHER EDUCATION; AUTHORIZING ADMINISTRATIVE PENALTIES › Section 3.9 - Victim Request Not to Investigate

Current through Reg. 49, No. 28; July 12, 2024
(a) If an
				  alleged victim of an incident of sexual harassment, sexual assault, dating
				  violence, or stalking reported to a postsecondary educational institution
				  requests the institution not to investigate the alleged incident, the
				  institution may investigate the alleged incident in a manner that complies with
				  the confidentiality requirements under Texas Education Code Section
				  51.291
				  and Section 3.17 of this Subchapter. In determining whether to investigate the
				  alleged incident, the institution shall consider:
(1) the seriousness of the alleged
				  incident;
(2) whether the
				  institution has received other reports of sexual harassment, sexual assault,
				  dating violence, or stalking committed by the alleged perpetrator or
				  perpetrators;
(3) whether the
				  alleged incident poses a risk of harm to others; and
(4) any other factors the institution
				  determines relevant.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 3 - RULES APPLYING TO ALL PUBLIC AND PRIVATE OR INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION IN TEXAS REGARDING ELECTRONIC REPORTING OPTION FOR CERTAIN OFFENSES; AMNESTY › Subchapter A - REQUIREMENTS FOR CERTAIN INCIDENTS OF SEXUAL HARASSMENT, SEXUAL ASSAULT, DATING VIOLENCE, OR STALKING AT CERTAIN PUBLIC AND PRIVATE INSTITUTIONS OF HIGHER EDUCATION; AUTHORIZING ADMINISTRATIVE PENALTIES › Section 3.10 - Disciplinary Process for Certain Violations

Current through Reg. 49, No. 28; July 12, 2024
A postsecondary educational institution that initiates a
					 disciplinary process concerning an allegation that a student enrolled at the
					 institution violated the institution's policy or code of conduct by committing
					 sexual harassment, sexual assault, dating violence, or stalking shall:
(1) provide to the student and the alleged
				  victim a prompt and equitable opportunity to present witnesses and other
				  evidence relevant to the alleged violation during the disciplinary
				  process;
(2) ensure that both the
				  student and the alleged victim have reasonable and equitable access to all
				  evidence relevant to the alleged violation in the institution's possession,
				  including any statements made by the alleged victim or by other persons,
				  information stored electronically, written or electronic communications, social
				  media posts, or physical evidence, redacted as necessary to comply with any
				  applicable federal or state law regarding confidentiality; and
(3) take reasonable steps to protect the
				  student and the alleged victim from retaliation and harassment during the
				  pendency of the disciplinary process.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 3 - RULES APPLYING TO ALL PUBLIC AND PRIVATE OR INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION IN TEXAS REGARDING ELECTRONIC REPORTING OPTION FOR CERTAIN OFFENSES; AMNESTY › Subchapter A - REQUIREMENTS FOR CERTAIN INCIDENTS OF SEXUAL HARASSMENT, SEXUAL ASSAULT, DATING VIOLENCE, OR STALKING AT CERTAIN PUBLIC AND PRIVATE INSTITUTIONS OF HIGHER EDUCATION; AUTHORIZING ADMINISTRATIVE PENALTIES › Section 3.11 - Student Withdrawal or Graduation Pending Disciplinary Charges; Request for Information from Another Postsecondary Educational Institution

Current through Reg. 49, No. 28; July 12, 2024
(a) If a student withdraws or graduates from
				  a postsecondary educational institution pending a disciplinary charge alleging
				  that the student violated the institution's policy or code of conduct by
				  committing sexual harassment, sexual assault, dating violence, or stalking, the
				  institution:
(1) may not end the disciplinary
				  process or issue a transcript to the student until the institution makes a
				  final determination of responsibility; and
(2) shall expedite the institution's
				  disciplinary process as necessary to accommodate both the student's and the
				  alleged victim's interest in a speedy resolution.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 3 - RULES APPLYING TO ALL PUBLIC AND PRIVATE OR INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION IN TEXAS REGARDING ELECTRONIC REPORTING OPTION FOR CERTAIN OFFENSES; AMNESTY › Subchapter A - REQUIREMENTS FOR CERTAIN INCIDENTS OF SEXUAL HARASSMENT, SEXUAL ASSAULT, DATING VIOLENCE, OR STALKING AT CERTAIN PUBLIC AND PRIVATE INSTITUTIONS OF HIGHER EDUCATION; AUTHORIZING ADMINISTRATIVE PENALTIES › Section 3.12 - Trauma-Informed Investigation Training

Current through Reg. 49, No. 28; July 12, 2024
A postsecondary educational institution shall ensure each
					 of its employed peace officers completes training on trauma-informed
					 investigation into allegations of sexual harassment, sexual assault, dating
					 violence, and stalking.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 3 - RULES APPLYING TO ALL PUBLIC AND PRIVATE OR INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION IN TEXAS REGARDING ELECTRONIC REPORTING OPTION FOR CERTAIN OFFENSES; AMNESTY › Subchapter A - REQUIREMENTS FOR CERTAIN INCIDENTS OF SEXUAL HARASSMENT, SEXUAL ASSAULT, DATING VIOLENCE, OR STALKING AT CERTAIN PUBLIC AND PRIVATE INSTITUTIONS OF HIGHER EDUCATION; AUTHORIZING ADMINISTRATIVE PENALTIES › Section 3.13 - Memoranda of Understanding Required

Current through Reg. 49, No. 28; July 12, 2024
To facilitate effective communication and coordination
					 regarding allegations of sexual harassment, sexual assault, dating violence,
					 and stalking at the institution, a postsecondary educational institution shall
					 enter into one or more memoranda of understanding with an entity from one or
					 more of the following categories:
(1)
				  local law enforcement agencies;
(2)
				  sexual harassment, sexual assault, dating violence, or stalking advocacy
				  groups; and
(3) hospitals or other
				  medical resource providers.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 3 - RULES APPLYING TO ALL PUBLIC AND PRIVATE OR INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION IN TEXAS REGARDING ELECTRONIC REPORTING OPTION FOR CERTAIN OFFENSES; AMNESTY › Subchapter A - REQUIREMENTS FOR CERTAIN INCIDENTS OF SEXUAL HARASSMENT, SEXUAL ASSAULT, DATING VIOLENCE, OR STALKING AT CERTAIN PUBLIC AND PRIVATE INSTITUTIONS OF HIGHER EDUCATION; AUTHORIZING ADMINISTRATIVE PENALTIES › Section 3.14 - Responsible and Confidential Employee

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Each postsecondary educational institution shall:
(1) designate:
(A) one or more employees to act as
				  responsible employees for purposes of Title IX of the Education Amendments of
				  1972 (20
				  U.S.C. Section 1681 et seq.); and
(B) one or more employees as persons to whom
				  students enrolled at the institution may speak confidentially concerning sexual
				  harassment, sexual assault, dating violence, and stalking; and
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 3 - RULES APPLYING TO ALL PUBLIC AND PRIVATE OR INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION IN TEXAS REGARDING ELECTRONIC REPORTING OPTION FOR CERTAIN OFFENSES; AMNESTY › Subchapter A - REQUIREMENTS FOR CERTAIN INCIDENTS OF SEXUAL HARASSMENT, SEXUAL ASSAULT, DATING VIOLENCE, OR STALKING AT CERTAIN PUBLIC AND PRIVATE INSTITUTIONS OF HIGHER EDUCATION; AUTHORIZING ADMINISTRATIVE PENALTIES › Section 3.15 - Student Advocate

Current through Reg. 49, No. 28; July 12, 2024
(a) A postsecondary
				  educational institution may designate one or more students enrolled at the
				  institution as student advocates to whom other students enrolled at the
				  institution may speak confidentially concerning sexual harassment, sexual
				  assault, dating violence, and stalking. The institution shall notify each
				  student enrolled at the institution of the student advocate(s) designated under
				  this subsection.
(b) A student
				  advocate designated under Subsection (a) of this section may not disclose any
				  communication made by a student to the advocate unless the student consents to
				  the disclosure or the advocate is required to make the disclosure under state
				  or federal law.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 3 - RULES APPLYING TO ALL PUBLIC AND PRIVATE OR INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION IN TEXAS REGARDING ELECTRONIC REPORTING OPTION FOR CERTAIN OFFENSES; AMNESTY › Subchapter A - REQUIREMENTS FOR CERTAIN INCIDENTS OF SEXUAL HARASSMENT, SEXUAL ASSAULT, DATING VIOLENCE, OR STALKING AT CERTAIN PUBLIC AND PRIVATE INSTITUTIONS OF HIGHER EDUCATION; AUTHORIZING ADMINISTRATIVE PENALTIES › Section 3.16 - Equal Access

Current through Reg. 49, No. 28; July 12, 2024
In implementing the requirements under this subchapter, a
					 postsecondary educational institution shall, to the greatest extent
					 practicable, ensure equal access for students enrolled at or employees of the
					 institution who are persons with disabilities. The institution shall make
					 reasonable efforts to consult with a disability services office of the
					 institution, advocacy groups for people with disabilities, and other relevant
					 stakeholders to assist the institution with complying with the institution's
					 duties under this section.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 3 - RULES APPLYING TO ALL PUBLIC AND PRIVATE OR INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION IN TEXAS REGARDING ELECTRONIC REPORTING OPTION FOR CERTAIN OFFENSES; AMNESTY › Subchapter A - REQUIREMENTS FOR CERTAIN INCIDENTS OF SEXUAL HARASSMENT, SEXUAL ASSAULT, DATING VIOLENCE, OR STALKING AT CERTAIN PUBLIC AND PRIVATE INSTITUTIONS OF HIGHER EDUCATION; AUTHORIZING ADMINISTRATIVE PENALTIES › Section 3.17 - Confidentiality

Current through Reg. 49, No. 28; July 12, 2024
(a) The protections provided by this section
				  apply to:
(1) an alleged victim;
(2) a person who reports an incident to an
				  institution;
(3) a person who
				  sought guidance from the institution concerning an incident;
(4) a person who participated in the
				  institution's investigation of an incident; or
(5) a person who is alleged in a report made
				  to an institution to have committed or assisted in the commission of sexual
				  harassment, sexual assault, dating violence, or stalking, if after completing
				  an investigation, the institution determines the report to be unsubstantiated
				  or without merit.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 3 - RULES APPLYING TO ALL PUBLIC AND PRIVATE OR INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION IN TEXAS REGARDING ELECTRONIC REPORTING OPTION FOR CERTAIN OFFENSES; AMNESTY › Subchapter A - REQUIREMENTS FOR CERTAIN INCIDENTS OF SEXUAL HARASSMENT, SEXUAL ASSAULT, DATING VIOLENCE, OR STALKING AT CERTAIN PUBLIC AND PRIVATE INSTITUTIONS OF HIGHER EDUCATION; AUTHORIZING ADMINISTRATIVE PENALTIES › Section 3.18 - Retaliation Prohibited

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  postsecondary educational institution may not discipline or otherwise
				  discriminate against an employee who in good faith:
(1) makes a report as required by §3.5;
				  or
(2) cooperates with an
				  investigation, a disciplinary process, or a judicial proceeding relating to a
				  report made by the employee as required by §3.5.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 3 - RULES APPLYING TO ALL PUBLIC AND PRIVATE OR INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION IN TEXAS REGARDING ELECTRONIC REPORTING OPTION FOR CERTAIN OFFENSES; AMNESTY › Subchapter A - REQUIREMENTS FOR CERTAIN INCIDENTS OF SEXUAL HARASSMENT, SEXUAL ASSAULT, DATING VIOLENCE, OR STALKING AT CERTAIN PUBLIC AND PRIVATE INSTITUTIONS OF HIGHER EDUCATION; AUTHORIZING ADMINISTRATIVE PENALTIES › Section 3.20 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
Sections 3.1-3.3, 3.5-3.6, 3.8, 3.14, and 3.17-3.20 of this
					 subchapter are effective on January 1, 2020 or 30 days after the publication of
					 these rules in the
Texas Register,
whichever is later. The
					 remainder of this subchapter is effective on August 1, 2020.