Texas Attorney General Opinion: M-466 Page: 3 of 10
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Hon. Frank C. Erwin, Page 3.(M-466)
" (2) If it were determined that the faculty
committee that approved the dissertation in 1954
conducted its work in a negligent manner, would
such negligence estop the Board of Regents from
declaring the degree null and void and from
directing officials of The University of Texas at
Austin to strike the name of the recipient of the
degree from the names of Ph.D. graduates at that
institution?
"(3) Is the Board of Regents barred by
any statute of limitation or by the doctrine of
laches from taking the actions recommended by
the Hearing Committee and concurred in by the
University administration?"
It should be noted at the outset that the legal
problems raised by your request are unique to the jurisprudence
of this state. We were unable to find a single reported case
in this jurisdiction, or any foreign jurisdiction where a
college degree has been conferred and then subsequently taken
away by the conferring authority.
The Board of Regents of the University has been given
authority by Article 2585, Vernon's Civil Statutes to confer
degrees and grant diplomas.
Article 2585 is quoted, in part, as follows:
"...they shall have power to regulate
the course of instruction and prescribe, by
and with advice of the professors, the books
and authorities used in the several departments,
and to confer such degrees and to grant such
diplomas as are usually conferred and granted
by universities."
Pursuant to the above quoted article, the board
of regents has promulgated various rules and regulations in
general and relating to requirements for degrees for under-
graduates and graduate students.
Relative to the facts at hand, we quote from pertinent
rules and regulations in effect in 1953 and regulations in
effect in 1953 and 1954:-2315-
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Texas. Attorney-General's Office. Texas Attorney General Opinion: M-466, text, September 11, 1969; (https://texashistory.unt.edu/ark:/67531/metapth269690/m1/3/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.