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 3.19 - Compliance

Current through Reg. 49, No. 28; July 12, 2024
(a) The chief
				  executive officer of each postsecondary educational institution shall annually
				  certify in writing to the Coordinating Board, not later than October 31 of each
				  year, that the institution is in substantial compliance with Texas Education
				  Code, Chapter 51, Subchapter E-2. The Coordinating Board shall make available
				  to institutions a required template for the certification which satisfies the
				  requirements of this section.
(b)
				  In addition to annually reviewing the reporting under Texas Education Code
				  §
										51.258 and §
										3.19, the Coordinating
				  Board shall conduct risk-based compliance monitoring of Texas Education Code,
				  Chapter 51, Subchapters E-2 and E-3. The Coordinating Board will determine the
				  basis for reviews based on risk factors such as time since last review,
				  stakeholder feedback, prior findings or complaints, and other factors. The
				  Coordinating Board shall make available to the institutions a report template
				  which satisfies the requirements of this section.
(c) If the Coordinating Board determines that
				  a postsecondary educational institution is not in substantial compliance with
				  Texas Education Code, Chapter 51, Subchapters E-2, effective January 1, 2020,
				  or Subchapter E-3, effective August 1, 2020, the Coordinating Board may assess
				  an administrative penalty against the institution in an amount not to exceed $2
				  million annually. Compliance errors committed by an institution or system that
				  are in substantial compliance with Subchapters E-2 and E-3 will not result in a
				  penalty. The Coordinating Board will not find an institution is out of
				  substantial compliance with the provisions in Subchapter E-2 and Subchapter E-3
				  based on a determination that the Coordinating Board would have taken different
				  action after an independent evaluation of evidence.
(d) In evaluating whether an institution or
				  system is in substantial compliance in accordance with §
										3.3 of this title (relating to
				  Definitions), the Coordinating Board will determine the institution's or
				  system's good faith effort by evaluating the following factors:
(1) The nature and seriousness of the
				  compliance error;
(2) The extent to
				  which the institution complied with the statutory requirements and to what
				  extent it did not;
(3) The number
				  of any institutional compliance errors;
(4) Whether the institution had actual notice
				  of the error;
(5) Whether the
				  institution made any effort to rectify any compliance errors or agrees to
				  rectify any violations going forward;
(6) The extent to which the institution has
				  relevant policies and/or practices;
(7) The institution' s intent;
(8) Severity of the error' s
				  effect;
(9) Any previous compliance
				  errors of a similar kind and the time lapse since those error(s);
(10) Institutional efforts to prevent
				  compliance errors, including the extent to which the institution provided
				  training to employees and/or acted after learning about the error;
(11) The explanation for the cause of the
				  compliance error, including a good-faith mistake; a differing, reasonable
				  interpretation of the law; a conflict between two provisions, or a conflict
				  with another legal or governmental requirement (such as Title IX regulations or
				  a mandatory report to the National Institutes of Health);
(12) Any prevention and/or response efforts
				  of the institution, made in good faith, to address a possible compliance
				  error;
(13) The degree of
				  cooperation of the institution with the Coordinating Board in remedying a
				  potential compliance error; and
(14) Any other fact or circumstance as
				  justice may require.