(a) DHS will cancel your education assistance agreement and require you to repay all funds, not including salary, received from us under the education assistance program if you:      
        (1) withdraw from the institution;       
        (2) are removed or prohibited from attending the institution;       
        (3) fail to comply with one or more terms of the education assistance agreement; or       
        (4) are terminated from DHS employment for poor performance or behavior during the duration of your education assistance agreement, including the employment period required in paragraph §77.34(1) of this title (relating to What am I required to do if I participate in the education assistance program?)       
      (b) In addition, we may deny further participation if:      
        (1) you do not meet the requirements of subsection (a) of this section or §77.34 of this title; or       
        (2) your first and second line supervisors determine that your participation in a degree program is adversely affecting your job performance.       
     Source Note:        The provisions of this §77.39 adopted to be effective April 14, 2003, 28 TexReg 3067