Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter E - STUDENT COMPLAINT PROCEDURE › Section 1.115 - Referral of Certain Complaints to Other Agencies or Entities

Current through Reg. 49, No. 28; July 12, 2024
Once the Agency receives a student complaint form, the
					 Agency may refer the complaint to another agency or entity as follows:
(1) Complaints alleging that an institution
				  has violated state consumer protection laws, e.g., laws related to fraud or
				  false advertising, may be referred to the Consumer Protection Division of the
				  Office of the Attorney General of Texas for investigation and
				  resolution.
(2) Complaints
				  pertaining to an institution in the University of Texas System, Texas A&M
				  University System, University of Houston System, University of North Texas
				  System, Texas Tech University System, or Texas State University System may be
				  referred to the appropriate university system for investigation and resolution.
				  If a complaint is not referred to a university system for investigation and
				  resolution, the Agency will notify the system, at least quarterly until final
				  disposition of the complaint, of the status of any investigation unless the
				  notice would jeopardize an undercover investigation.
(3) If the Agency determines that the
				  complaint is appropriate for investigation and resolution by the institution's
				  recognized accrediting agency, the Agency may refer the complaint to the
				  accrediting agency. If the Agency refers the complaint to such accrediting
				  agency, the Agency may ask the accrediting agency to send quarterly updates in
				  writing to the Agency regarding the status of the investigation of the
				  complaint and to notify the Agency in writing of the outcome of the
				  investigation/resolution process for the complaint. The Agency shall have the
				  right to adopt any decision proposed or made or any course of action proposed
				  or taken by the accrediting agency as the final resolution of the matter before
				  the Agency. In the alternative, the Agency shall have the right to enter its
				  own decision based on the investigative findings of the accrediting agency to
				  the extent they are able to be provided. The Agency shall have the right to
				  terminate the referral of the complaint to the accrediting agency at any time
				  and may proceed to investigate and adjudicate the complaint.
(4) If the Agency determines that the
				  complaint is appropriate for investigation and resolution by an educational
				  association to which the institution belongs, the Agency may refer the
				  complaint to the educational association. If the Agency refers the complaint to
				  such an educational association, the educational association shall send monthly
				  updates in writing to the Agency regarding the status of the investigation of
				  the complaint and shall notify the Agency in writing of the outcome of the
				  investigation/resolution process for the complaint. The Agency shall have the
				  right to accept, modify, or reject any decision proposed or made or any course
				  of action proposed or taken by the educational association. The Agency shall
				  have the right to terminate the referral of the complaint to the educational
				  association if the Agency determines that the educational association is not
				  appropriately addressing the complaint.