610 CMR, § 6.12

Current through Register 1538, January 3, 2025

Section 6.12 - Sanctions

Whenever the Board determines that an institution may have failed to comply with or has violated 610 CMR 6.00 it shall notify the institution and require an appropriate response from said institution assuring conformance with its affirmative action policy.

Where appropriate, the Board shall then require the institution to enter into a memorandum of agreement with the Board which shall include a plan for remedying the violation or non-compliance. This plan may include goals and timetables or other affirmative action measures. Compliance with the memorandum of agreement must be completed or evidence of reasonable progress must be demonstrated prior to the review of any new programs or petitions for degree granting authority, or prior to the approval of budgets. Should the institution fail to demonstrate reasonable progress toward the memorandum of agreement, the Board shall:

(1) Notify the institution of its intention to cite the institution for non-compliance, together with a detailed statement of reasons thereof, and notify said institution of its right to provide any documentation indicating that its actions are in compliance with its affirmative action policy. The institution may take any necessary steps to remedy such non-compliance prior to any further Board action.

(2) Cite the institution for non-compliance together with a detailed statement of reasons for the citation of non-compliance.

(3) Report said determination of non-compliance together with a detailed statement of reasons thereof to the appropriate federal and/or state agencies.

(4) Take appropriate action which may include but not be limited to the following actions until said violations are remedied:

(a) Deny new program approval;

(b) Deny degree granting authority;

(c) Hold in abeyance review of new programs;

(d) Seek appropriate relief in law and/or equity.

The governing board having authority over the institutions found in non-compliance with 610 CMR 6.00 shall use its legal authority and power to ensure compliance with 610 CMR 6.00.

610 CMR, § 6.12