Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 7 - DEGREE GRANTING COLLEGES AND UNIVERSITIES OTHER THAN TEXAS PUBLIC INSTITUTIONS › Subchapter A - GENERAL PROVISIONS › Section 7.5 - Administrative Injunctions, Limitations, and Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) A person or institution may not:
(1) Granting of Degrees--Grant, award, or
				  offer to award a degree on behalf of a nonexempt institution unless the
				  institution has been issued a Certificate of Authority to grant the degree by
				  the Board;
(2) Transferability of
				  Credit--Represent that credits earned or granted by that person or institution
				  are applicable for credit toward a degree to be granted by some other person or
				  institution unless the institution is operating under a Certificate of
				  Authority or Certificate of Authorization and has written agreement(s) with the
				  institution which will accept the credit in transfer;
(3) Honorary Degrees--Award or offer to award
				  an honorary degree on behalf of a private postsecondary institution subject to
				  the provisions of this subchapter, unless the institution has been awarded a
				  Certificate of Authority or Certificate of Authorization to award such a
				  degree, or solicits another person to seek or accept an honorary degree and,
				  further, unless the degree shall plainly state on its face that it is
				  honorary;
(4) Protected Terms--Use
				  a protected term in the official name or title of a nonexempt private
				  postsecondary institution, an educational or training establishment, or
				  describe an institution using any of these terms or a term having a similar
				  meaning, except as authorized by the Board, or solicit another person to seek a
				  degree or to earn a credit that is offered by an institution or training
				  establishment that is using a term in violation of this section;
(5) Agent--Act as an agent who solicits
				  students for enrollment in a private postsecondary institution subject to the
				  provisions of this subchapter without a Certificate of Registration, if
				  required by this chapter;
(6)
				  Fraudulent Degree--Use or claim to hold a degree that the person knows is a
				  fraudulent, substandard, or is a fictitious degree:
(A) in a written or oral advertisement or
				  other promotion of a business; or
(B) with the intent to:
(i) obtain employment;
(ii) obtain a license or certificate to
				  practice a trade, profession, or occupation;
(iii) obtain a promotion, compensation or
				  other benefit, or an increase in compensation or other benefit, in employment
				  or in the practice of a trade, profession, or occupation;
(iv) obtain admission to an educational
				  program in this state; or
(v) gain
				  a position in government with authority over another person, regardless of
				  whether the actor receives compensation for the position.
(C) The use of fictitious, fraudulent, or
				  substandard degrees--The Board shall provide the following information through
				  the Board's Internet website:
(i) the
				  accreditation status or the status regarding authorization or approval under
				  this subchapter, to the extent known by the Board, of each exempt institution
				  operating in the state, each postsecondary educational institution or other
				  person that is regulated under §§
													7.7-
				  7.11
				  of this chapter or for which a determination is made under §
													7.12
				  of this chapter (relating to Review and Use of Degrees from Institutions Not
				  Eligible for Certificates of Authority), and any institution offering
				  fraudulent, substandard, or fictitious degrees, including:
(I) the name of each educational institution
				  accredited, authorized, or approved to offer or grant degrees in this
				  state;
(II) the name of each
				  educational institution whose degrees the Board has determined may not be
				  legally used in this state;
(III)
				  the name of each educational institution that the Board has determined to be
				  operating in this state in violation of this chapter; and
(IV) any other information considered by the
				  Commissioner to be useful to protect the public from fraudulent, substandard,
				  or fictitious degrees.
(ii) the Board shall utilize such usual and
				  customary sources for determining the accreditation status of institutions,
				  such as: guides to international education; the Board's knowledge of legal
				  actions taken against institutions, either by an agency of the state of Texas
				  or agencies of other states or nations; or civil actions against institutions
				  brought by governmental agencies or individuals.
(D) In determining the legitimacy of
				  institutions headquartered or operating outside of Texas, the Board may
				  determine if the state or nation in which the person or institution is
				  headquartered, operates, or holds legal authorization to operate has standards
				  and practices that are as rigorous as those of the Board's. A determination
				  that a particular state or nation's standards or practices are not
				  appropriately rigorous shall be sufficient reason to disapprove the use of the
				  degrees of a person or institution.