Texas Law on Using Substandard Degrees

[sanantone]

Sec. 32.52.  FRAUDULENT, SUBSTANDARD, OR FICTITIOUS DEGREE.  (a)  In this section, "fraudulent or substandard degree" has the meaning assigned by Section 61.302, Education Code.

(b)  A person commits an offense if the person:

(1)  uses or claims to hold a postsecondary degree that the person knows:

(A)  is a fraudulent or substandard degree;

(B)  is fictitious or has otherwise not been granted to the person; or

©  has been revoked; and

(2)  uses or claims to hold that degree:

(A)  in a written or oral advertisement or other promotion of a business; or

(B)  with the intent to:

(i)  obtain employment;

(ii)  obtain a license or certificate to practice a trade, profession, or occupation;

(iii)  obtain a promotion, a compensation or other benefit, or an increase in compensation or other benefit, in employment or in the practice of a trade, profession, or occupation;

(iv)  obtain admission to an educational program in this state; or

(v)  gain a position in government with authority over another person, regardless of whether the actor receives compensation for the position.

©  An offense under this section is a Class B misdemeanor.

https://statutes.capitol.texas.gov/Docs/.../PE.32.htm


(11)  "Fraudulent or substandard degree" means:

(A)  a degree conferred by a private postsecondary educational institution or other person that, at the time the degree was conferred, was operating in this state in violation of this subchapter;

(B)  if the degree is not approved through the review process described by Section 61.3021, a degree conferred by a private educational institution or other person that, at the time the degree was conferred, was not eligible to receive a certificate of authority under this subchapter and was operating in another state:

(i)  in violation of a law regulating the conferral of degrees in that state or in the state in which the degree recipient was residing;  or

(ii)  without accreditation by a recognized accrediting agency;  or

©  if conferred by a private educational institution or other person not described by Paragraph (A) or (B), including a private educational institution or other person that, at the time the degree was conferred, was not eligible to receive a certificate of authority under this subchapter and was operating outside the United States, a degree that the board, through the review process described by Section 61.3021, determines is not the equivalent of an accredited or authorized degree as described by that section.



https://statutes.capitol.texas.gov/Docs/...htm#61.302

[ss20ts]

What does Texas's law on degrees have to do with grad school? Confused by this thread.

[sanantone]

What does Texas's law on degrees have to do with grad school? Confused by this thread.

I decided to post in the Graduate School sub-forum since that's where most of the ENEB discussions occur. I'm just informing people that there is a legal gray area in using a degree that's been evaluated as a non-accredited master's to obtain a job, promotion, or pay raise. If you're advertising it as an accredited graduate certificate or bachelor's degree, you might be okay.

[ss20ts]

What does Texas's law on degrees have to do with grad school? Confused by this thread.

I decided to post in the Graduate School sub-forum since that's where most of the ENEB discussions occur. I'm just informing people that there is a legal gray area in using a degree that's been evaluated as a non-accredited master's to obtain a job, promotion, or pay raise. If you're advertising it as an accredited graduate certificate or bachelor's degree, you might be okay.

It doesn't really define what they mean by substandard. It talks about degrees earned from other states not other countries from what I see. Most of us don't live in Texas so this wouldn't apply to us. There are schools in the US that aren't accredited either. This says nothing about accreditation.

[sanantone]

What does Texas's law on degrees have to do with grad school? Confused by this thread.

I decided to post in the Graduate School sub-forum since that's where most of the ENEB discussions occur. I'm just informing people that there is a legal gray area in using a degree that's been evaluated as a non-accredited master's to obtain a job, promotion, or pay raise. If you're advertising it as an accredited graduate certificate or bachelor's degree, you might be okay.

It doesn't really define what they mean by substandard. It talks about degrees earned from other states not other countries from what I see. Most of us don't live in Texas so this wouldn't apply to us. There are schools in the US that aren't accredited either. This says nothing about accreditation.

It does mention accreditation. I posted the definition of substandard. If the school is not accredited, then it needs to be given a certificate of authority by the State of Texas to award degrees. Otherwise, holders of their degrees cannot advertise that they have those degrees for employment or licensing purposes. The education code also mentions that the board will evaluate foreign schools, but they will not evaluate foreign schools that are offering first professional degrees, such as the MD, DVM, and LLB. There is an application and fee for evaluation. 

Texas has 29 million people and is the second most populous state in the country. It should not be an issue that Texas-specific laws are being shared. It should encourage people to check their own state laws to make sure they are not committing an offense by using a non-accredited master's degree for employment purposes or to gain business.

---

Sec. 32.52.  FRAUDULENT, SUBSTANDARD, OR FICTITIOUS DEGREE.  (a)  In this section, "fraudulent or substandard degree" has the meaning assigned by Section 61.302, Education Code.

(b)  A person commits an offense if the person:

(1)  uses or claims to hold a postsecondary degree that the person knows:

(A)  is a fraudulent or substandard degree;

(B)  is fictitious or has otherwise not been granted to the person; or

©  has been revoked; and

(2)  uses or claims to hold that degree:

(A)  in a written or oral advertisement or other promotion of a business; or

(B)  with the intent to:

(i)  obtain employment;

(ii)  obtain a license or certificate to practice a trade, profession, or occupation;

(iii)  obtain a promotion, a compensation or other benefit, or an increase in compensation or other benefit, in employment or in the practice of a trade, profession, or occupation;

(iv)  obtain admission to an educational program in this state; or

(v)  gain a position in government with authority over another person, regardless of whether the actor receives compensation for the position.

©  An offense under this section is a Class B misdemeanor.

https://statutes.capitol.texas.gov/Docs/.../PE.32.htm


(11)  "Fraudulent or substandard degree" means:

(A)  a degree conferred by a private postsecondary educational institution or other person that, at the time the degree was conferred, was operating in this state in violation of this subchapter;

(B)  if the degree is not approved through the review process described by Section 61.3021, a degree conferred by a private educational institution or other person that, at the time the degree was conferred, was not eligible to receive a certificate of authority under this subchapter and was operating in another state:

(i)  in violation of a law regulating the conferral of degrees in that state or in the state in which the degree recipient was residing;  or

(ii)  without accreditation by a recognized accrediting agency;  or

©  if conferred by a private educational institution or other person not described by Paragraph (A) or (B), including a private educational institution or other person that, at the time the degree was conferred, was not eligible to receive a certificate of authority under this subchapter and was operating outside the United States, a degree that the board, through the review process described by Section 61.3021, determines is not the equivalent of an accredited or authorized degree as described by that section.



https://statutes.capitol.texas.gov/Docs/...htm#61.302

[ss20ts]

An international college isn't going to be accredited in the US. No where in all of that does it define substandard. Things that are common in laws and when they're challenged it's considered a loophole.

[sanantone]

An international college isn't going to be accredited in the US. No where in all of that does it define substandard. Things that are common in laws and when they're challenged it's considered a loophole.

Let me try again. 

(11)  "Fraudulent or substandard degree" means:

(A)  a degree conferred by a private postsecondary educational institution or other person that, at the time the degree was conferred, was operating in this state in violation of this subchapter;

(B)  if the degree is not approved through the review process described by Section 61.3021, a degree conferred by a private educational institution or other person that, at the time the degree was conferred, was not eligible to receive a certificate of authority under this subchapter and was operating in another state:

(i)  in violation of a law regulating the conferral of degrees in that state or in the state in which the degree recipient was residing;  or

(ii)  without accreditation by a recognized accrediting agency;  or

  if conferred by a private educational institution or other person not described by Paragraph (A) or (B), including a private educational institution or other person that, at the time the degree was conferred, was not eligible to receive a certificate of authority under this subchapter and was operating outside the United States, a degree that the board, through the review process described by Section 61.3021, determines is not the equivalent of an accredited or authorized degree as described by that section.

[ss20ts]

You copying and pasting the same thing over and over isn't helpful in a conversation. You are totally missing what I'm saying. But whatever. You go enjoy Texas and your laws.

[sanantone]

You copying and pasting the same thing over and over isn't helpful in a conversation. You are totally missing what I'm saying. But whatever. You go enjoy Texas and your laws.

What else can be done? You said it mentions nothing about accreditation, and it clearly does. You said it doesn't say anything about international schools, and it clearly does. You said that it does not define substandard, and it literally gives a definition for substandard.

[MNomadic]

How would this apply to online companies who advertise their CEO as having a Ph.D. from a non-accredited degree mill? One example that comes to mind is John Jaquish of Osteostrong and X3 Bar who claims to have a Ph.D. from Rushmore University. Another high-profile figure is Kent Hovind who has multiple non-accredited "degrees." Is there legal recourse against people who misrepresent their credentials?