University teaching in virtual environments: legal and regulatory analysis in Ecuador

Abstract

The digital transformation of higher education in Ecuador has driven the adoption of Virtual Learning Environments (VLE), requiring an updated legal and regulatory framework for university teaching. This article analyzes the legal system regulating VLE in Ecuador, identifying gaps, tensions, and challenges in their implementation. A documentary and legal-doctrinal methodology was used, with a systematic review of the Constitution, the Organic Law of Higher Education (LOES), the Academic Regime Regulations, and regulations of the Council of Higher Education (CES) and the Council for the Assurance of the Quality of Higher Education (CACES). The results show that, although the Ecuadorian legal system recognizes face-to-face, blended, and online modalities, regulatory gaps persist in areas such as intellectual property of digital content, evaluation of teaching performance in virtual environments, mandatory training in digital competencies, and accreditation of fully virtual programs. The discussion highlights tensions between university autonomy and regulatory standardization, as well as the need to harmonize provisions scattered across different legal bodies. It is concluded that Ecuador requires a comprehensive regulatory policy that articulates existing frameworks and ensures equitable and quality conditions for teaching in VLE.