Utah Admin. Code R152-34-8 - Rules Relating to Fair and Ethical Practices Set Forth in 13-34-108
(1) An institution,
as part of its assessment for enrollment, shall consider the applicant's basic
skills, aptitude, and physical qualifications, as these relate to the choice of
program and to anticipated employment and shall not admit a student to a
program unless there is a reasonable expectation that the student will succeed,
as prescribed by
R152-34-4(3).
(2) Financial dealings with students shall
reflect standards of ethical practice. Tuition paid to an institution, and
related student loans, are consumer transactions as defined in Utah Code Title
13, Chapter 11.
(3) The institution
shall adopt a fair and equitable refund policy including:
(a) A three-business-day cooling-off period
during which time the student may rescind the contract and receive a refund of
all money paid. The cooling-off period may not end prior to midnight of the
third business day after the latest of the following days:
(i) the day the student signs an enrollment
agreement;
(ii) the day the student
pays the institution an initial deposit or first payment toward tuition and
fees; or
(iii) the day that the
student first visits the institution, if the program lasts more than 30
consecutive calendar days.
(b) A student enrolled in a correspondence
institution may withdraw from enrollment following the cooling-off period,
prior to submission by the student of any lesson materials or prior to receipt
of course materials, whichever comes first, and effective upon deposit of a
written statement of withdrawal for delivery by mail or other means, and the
institution shall be entitled to retain no more than $200 in tuition or fees as
registration charges or an alternative amount that the institution can
demonstrate to have been expended in preparation for that particular student's
enrollment.
(c) A clear and
unambiguous written statement of the institution's refund policy for students
who desire a refund after the three-business-day cooling-off period or after a
student enrolled in a correspondence institution has submitted lesson materials
or been in receipt of course materials.
(d) There shall be a written enrollment
agreement, to be signed by the student and a representative of the institution,
that clearly describes the cooling-off period, nonrefundable registration fee,
and refund policy and schedule, including the rights of both the student and
the institution, with copies provided to each.
(e) There shall be complete written
information on repayment obligations to all applicants for financial assistance
before an applicant student assumes such responsibilities.
(f) A pay-as-you-learn payment schedule that
limits a student's prospective contractual obligation(s), at any one time, to
the institution for tuition and fees to four months of training, plus
registration or start-up costs not to exceed $200 or an alternative amount that
the institution can demonstrate to have spent in undertaking a student's
instruction. This restriction applies regardless of whether a contractual
obligation is paid to the institution by:
(i)
the student directly; or
(ii) a
lender or any other entity on behalf of the student.
(g) The payment of a refund within 30
calendar days of a request for a refund if the person requesting the refund is
entitled to the refund:
(i) under any
provision of:
(A) the Utah Postsecondary
Proprietary School Act, Utah Code Title 13, Chapter 34;
(B) the Postsecondary Proprietary School Act
Rules, R152-34; or
(C) a contract
or other agreement between the institution and the person requesting the
refund; or
(ii) because
of the institution's failure to fulfill its obligations to the person
requesting the refund.
(4) Following the satisfactory completion of
his or her training and education, a student is provided with appropriate
educational credentials that show the program in which he or she was enrolled,
together with a transcript of courses completed and grades or other performance
evaluations received.
(5) No
institution shall use the designation of 'college' nor 'university' in its
title nor in conjunction with its operation unless it actually confers a
standard college degree as one of its credentials, unless the use of such
designation had previously been approved by the Board of Regents prior to July
1, 2002.
(6) The name of the
institution shall not contain any reference that could mislead potential
students or the general public as to the type or nature of its educational
services, affiliations or structure.
(7) Advertising standards consist of the
following:
(a) The institution's chief
administrative officer assumes all responsibility for the content of public
statements made on behalf of the institution and shall instruct all personnel,
including agents, as to this rule and other appropriate laws regarding the
ethics of advertisement and recruitment;
(b) Advertising shall be clear, factual,
supportable, and shall not include any false or misleading statements with
respect to the institution, its personnel, its courses and programs, its
services, nor the occupational opportunities for its graduates;
(c) Institutions shall disclose that they are
primarily operated for educational purposes if this is not apparent from the
legal name. _Institutions shall not advertise educational services in
conjunction with any other business or establishment, nor in "help wanted" or
"employment opportunity" columns of newspapers, magazines or similar forums in
such a way as to lead readers to believe that they are applying for employment
rather than education and training. Any advertisement in "help wanted" or
"employment opportunity" forums shall be for positions open for immediate
employment only;
(d) An
institution, its employees and agents, shall refrain from other forms of
ambiguous or deceptive advertising, such as:
(i) claims as to endorsement by manufacturers
or businesses or organizations until and unless written evidence supporting
this fact is on file; and
(ii)
representations that students completing a course or program may transfer
either credits or credentials for acceptance by another institution, state
agency, or business, unless written evidence supporting this fact is on
file;
(e) An institution
shall maintain a file of all promotional information and related materials for
a period of three (3) years;
(f)
The Division may require an institution to submit its advertising prior to its
use; and
(g) An institution cannot
advertise that its organization or program is endorsed by the state of Utah
other than to state that the school is 'Registered under the Utah Postsecondary
Proprietary School Act'.
(h) An
institution shall include the following registration and disclaimer statements
in its catalog, student information bulletin, and enrollment agreements:
(i) REGISTERED UNDER THE UTAH POSTSECONDARY
PROPRIETARY SCHOOL ACT (Title 13, Chapter 34, Utah Code).
(ii) Registration under the Utah
Postsecondary Proprietary School Act does not mean that the State of Utah
supervises, recommends, nor accredits the institution. It is the student's
responsibility to determine whether credits, degrees, or certificates from the
institution will transfer to other institutions or meet employers' training
requirements. This may be done by calling the prospective school or
employer.
(iii) The institution is
not accredited by a regional or national accrediting agency recognized by the
United States Department of Education.
(8) Recruitment standards include the
following:
(a) Recruiting efforts shall be
conducted in a professional and ethical manner and free from 'high pressure'
techniques; and
(b) An institution
shall not use loans, scholarships, discounts, or other such enrollment
inducements, where such result in unfair or discriminatory practices.
(9) An agent or sales
representative may not be directly or indirectly be portrayed as 'counselor,'
'advisor,' or any other similar title to disguise his or her sales
function.
(10) An agent or
representative is responsible to have a clear understanding and knowledge of
the programs and courses, tuition, enrollment requirements, enrollment
agreement, support services, and the general operational procedures
thereof.
(11) An institution shall
indemnify any student from loss or other injury as a result of any fraud or
other form of misrepresentation used by an agent in the recruitment
process.
(12) An institution
operating in Utah but domiciled outside the state shall designate a Utah
resident as its registered agent for purposes of service of legal
process.
(13) An institution shall
provide a student with all of the student's school records, as described in
R152-34-9(2),
within five business days after a written or verbal request by a student for
the student's school records. The institution may not charge a student more
than the actual copying costs for the student's school records.
Notes
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