Complaint Process

Filing a Complaint Concerning a Texas Institution of Higher Education

Before filing a complaint concerning a Texas institution of higher education, please read and follow the steps below. Only properly filed forms that comply with the steps will be considered for further review.

The role of the Office of the Ombudsman is to serve as an intermediary among the state’s institutions of higher education, the Legislature, and the public regarding institutional governance and student success, but the Office is limited in its authority. The Office receives and, if necessary, investigates complaints submitted via this website regarding an institution of higher education’s failure to comply with the sections of law outlined below.  The Office only investigates compliance with specific laws that fall under its authority.

The Office cannot offer legal advice to complainants and does not act as a complainant’s agent, representative, or attorney. Any information the Office or its staff provides is not and should not be interpreted as legal advice or representation.

The authority of the Office is limited to that expressly granted by law or rule. For example, while the Office welcomes parents or others to submit information in the Feedback form, only students, faculty, and staff of the institution of higher education may submit a Statutory Complaint to the Office. Similarly, while students, faculty, or staff might seek to submit information concerning classroom instruction, such information should generally be submitted via the Feedback form, because as explained below, the laws creating the Office are limited in scope and exclude “academic course instruction.” See Sec 51.3525(d)(1).

Only complaints reporting violations to the following Texas Education Code statutes and rules may be investigated by the Office:

  1. 51.315 General Education Curriculum Review
  2. 51.3522 Faculty Council or Senate
  3. 51.3525 Diversity, Equity, and Inclusion Initiatives
  4. 51.3541 Responsibility of President/CEO for annual evaluations
  5. 51.9431 Grievance, Hiring, and Discipline Authority of President/CEO
  6. 61.0522 General Education Curriculum Advisory Committee

Please note that Texas Education Code Section 51.3525 regarding Diversity, Equity, and Inclusion Initiatives includes several exceptions that are outside the scope of a Statutory Complaint. Before deciding whether to submit a Statutory Complaint or Feedback in this context, please review TEC Sec. 51.3525 carefully.  If following your review, you conclude that your concern is not within the scope of the Office of the Ombudsman, visit the THECB Student Complaint page.

If you’ve determined that the Office is the appropriate agency, the next step for students, faculty, or staff is to collect the following to file a complaint with the Office:

  • Documentation of the status of the complaint, including the ultimate outcome of the procedures, if you have already submitted a complaint to the institution; and
  • Evidence to support the Statutory Complaint, such as copies of correspondence, enrollment agreements, course catalog information, and any other information believed to be relevant to the matter of the Statutory Complaint.
  • Specifically state the institution’s failure to comply with a specific statutory section of one or more of the following:
    • 51.315 General Education Curriculum Review
    • 51.3522 Faculty Council or Senate
    • 51.3525 Diversity, Equity, and Inclusion Initiatives
    • 51.3541 Responsibility of President/CEO for annual evaluations
    • 51. 9431 Grievance, Hiring, and Discipline Authority of President/CEO
    • 61.0522 General Education Curriculum Advisory Committee
  • Include complainant’s name, email, phone number, address, and other relevant contact information;
  • Include specific facts supporting the allegation, including relevant dates, identifying information regarding the individuals involved, and any supporting evidence in the individual’s possession.

The required documentation may be submitted to the Office in one of the following ways:

  • Complete the online complaint form and upload the required supporting documentation in PDF format. To access the online complaint form, click here.
  • Complaints sent to the Office by mail take more time for processing than those submitted using this online form. Completed forms and required documentation may be mailed to:

    Office of the Ombudsman
    Texas Higher Education Coordinating Board
    P.O. Box 12788
    Austin, Texas 78711-2788

Once the Office receives the required complaint documentation, the Office may investigate or refer the complainant to other agencies or entities. If a complaint concerns compliance with the statutes or regulations the Office administers, and the complaint will not be referred to another entity, the Office will initiate an investigation if, as solely determined by the Office, the complainant and subject matter of the complaint meet statutory limitations and required information requirements.

If the Office investigates a Statutory Complaint, the investigation will proceed as follows.

  • Initial Notifications of Complaint
    • Notification of complaint to the institution of higher education (IHE) governing board within 5 days.
    • Notification of complaint including policies and procedures relating to complaint investigation and resolution to:
      • Complainant,
      • Each individual alleged to be involved.
  • Required IHE Responses
    • IHE is required to respond to complaint within 175 days. Office may grant an extension for good cause.
    • IHE is required to respond in writing within 30 days to written requests for information from the Office regarding the complaint.
    • IHE has 180 days after the Investigation Report and final determination to resolve noncompliance issues. If the Office determines that the IHE has not resolved issues and recommendations identified in the report, the Office shall submit to the Ombudsman and State Auditor a report on the noncompliance that includes the recommendations.
  • Required Investigation Reporting by the Office
    • An Investigation Report by the Office shall be submitted to the IHE that includes:
      • A final determination regarding complaint and investigation, and
      • Recommendations based on conclusions of the investigation.
    • Quarterly status reports until final disposition to
      • Complainant,
      • Each individual alleged to be involved (unless the notice jeopardizes an undercover investigation).
    • A Report of Unresolved Noncompliance shall be submitted, if the Office determines that the IHE, after 180 days, has not resolved issues and recommendations from an Investigation Report. The Report of Unresolved Noncompliance shall be submitted to the Ombudsman and State Auditor and include the Office’s recommendations.
    • A Report of Noncompliance to the Legislature may be submitted by the Ombudsman based on A Report of Unresolved Compliance. The Ombudsman may recommend to the legislature that the IHE not be allowed to spend money appropriated to the IHE for a state fiscal year until the institution’s governing board certifies compliance and the State Auditor confirms the institution’s compliance.
  • Additional Investigation Processes
    • Student and student applicant information is considered confidential under FERPA.

Civil Investigative Demand may be issued by the Office and requires cooperation from an IHE in an investigation, if the Office determines a complaint is credible.

Disclaimer: The role of the Office of the Ombudsman is to represent the state of Texas and investigate, report on, or enforce laws that fall under the scope of the Office’s authority. The Office cannot offer legal advice to complainants and does not act as a complainant’s agent or attorney. Any information provided by the Office staff is not to be interpreted as legal advice or representation.

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Contact

Inquiries regarding Statutory Complaints or Feedback should be sent to the Office of the Ombudsman.

Email Office of the Ombudsman