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 violation by mandating that the employee(s) responsible for the instruction or training modify it to be consistent with the university regulation, issuing disciplinary measures where appropriate and remove, by termination if appropriate, the employee(s)” if they fail or refuse to comply with the universities’ mandate. Id. at 3–4.

The Board of Governors also defines its own power to investigate unlawful instruction or training “[u]pon receipt of a credible allegation that a university willfully and knowingly failed to correct a violation of the university regulation[.]” Id. at 4. In that situation, “the Board of Governors’ [sic] [sic] Office of Inspector General shall conduct an investigation to determine if evidence exists to support the allegation and ineligibility for performance funding.” Id. In the event “it is determined an external qualified investigative firm is necessary to assist with or conduct the investigation,” the university subject to investigation “will be responsible for any costs incurred,” apparently regardless of the investigation’s outcome. Id.

Ultimately, the Board of Governors makes the “final decision regarding whether the alleged willful and knowing failure to correct a violation of the university regulation is substantiated.” Id. And “[i]f the Board of Governors determines that a university willfully and knowingly engaged in conduct at the institutional level that constituted a substantiated violation of section 1000.05(4)(a),