.16 Faculty.

A. The faculty employed by the out-of-State institution shall be competent on the basis of their formal education and professional experience to enable them, through effective instruction and other activities, to achieve the educational objectives of the institution.

B. A faculty member shall have completed formal studies at an institution that is accredited by an organization recognized as an accrediting agency by the U.S. Department of Education to grant institutional accreditation or internationally recognized institution at least through the master's or first professional degree, or its equivalent, in the field in which the faculty member teaches. "Equivalent" means documented outstanding achievement in the arts, music, letters, science, research, business or industry, or public service. A faculty member shall demonstrate successful experience and provide continuing evidence of keeping abreast of developments in the faculty member's field.

C. At least 1/3 of the classes offered shall be taught by full-time faculty of the parent institution.

D. Faculty members who engage in instruction shall be able to communicate effectively in both written and spoken English.

E. Institutional Waiver of Definition of Full-Time Faculty.

(1) An out-of-State institution may apply to the Commission for a waiver from the definition of "full-time faculty member" found in Regulation .03B of this chapter.

(2) In order to obtain a waiver, an institution shall demonstrate that the unique role, scope, and mission of the institution require a waiver in order for the institution to operate in Maryland.

(3) After making the demonstration required in §E(2) of this regulation, the institution shall:

(a) Designate by name the faculty members whose primary responsibility is instruction, scholarship, research, or service who will perform the duties normally required of full-time faculty;

(b) Document that designated faculty members substantially participate in the development or implementation of one or more of the following activities at the institution requesting the waiver:

(i) Academic programs,

(ii) Professional programs,

(iii) Research programs,

(iv) Service programs,

(v) Admission or admission policies,

(vi) Academic advising,

(vii) Faculty appointments, or

(viii) Institutional governance;

(c) Document that the designated faculty shall, as a group, participate in all of the activities listed in §D(3)(b) of this regulation; and

(d) Document that the designated faculty shall perform the requirements of full-time faculty under §C of this regulation.

(4) Documentation includes, but is not limited to the following:

(a) Minutes of meetings;

(b) Contractual obligations; or

(c) Job descriptions.

(5) The request for a waiver shall be placed on the agenda of a regularly scheduled public meeting of the Education Policy Committee. The Chairman of the Education Policy Committee shall present the Committee's finding to the Commission at its next regularly scheduled public meeting. The decision of the Commission is considered final and not subject to further review.

(6) If the Commission is satisfied that an institution meets the requirements of this section, it may grant a waiver to the institution on such terms and conditions, including time limitations, as the Commission considers appropriate.