SECTION 1.115. Referral of Certain Complaints to Other Agencies or Entities

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.

Source Note: The provisions of this §1.115 adopted to be effective November 28, 2012, 37 TexReg 9353; amended to be effective May 20, 2013, 38 TexReg 2998; amended to be effective June 6, 2016, 41 TexReg 3995; amended to be effective May 29, 2018, 43 TexReg 3346