NY Educ L § 665-A (2021)
2021 New York Laws EDN - Education Title 1 - General Provisions Article 14 - New York State Higher Education Services Corporation Part 2 - Student Financial Aid Sub Part 1 - General Provisions 665-A - Institutional Participation in Award Programs.

§ 665-a. Institutional   participation   in   award   programs.   * 1. Participation agreement. No institution may participate in the  general, academic  or  other  award  programs described in this article unless it shall have entered into a written agreement with the  corporation  under which  it shall be bound to comply with all laws and rules applicable to such programs. The participation agreement may contain such other  terms and   conditions,  consistent  with  such  applicable  laws,  rules  and procedures, as the  president  may  require  in  accordance  with  rules adopted  for  this  purpose  by  the  board  and  shall  be developed in consultation with the commissioner  of  education.  In  accordance  with rules adopted by the board for this purpose, the president, may suspend, limit  or  terminate an institution's participation in these programs in the event it shall be determined after a hearing conducted in accordance with the state administrative procedure act  that  the  institution  has violated any applicable laws, rules or procedures provided for under the agreement in accordance with law and the rules of the board.   * NB Effective until May 2, 2022   * 1.  Participation  agreement.  (a) No institution may participate in the general, academic or other award programs described in this  article unless  it  shall  have  entered  into  a  written  agreement  with  the corporation under which it shall be bound to comply with  all  laws  and rules  applicable  to  such programs. Each participation agreement shall include the following terms and conditions:  (i) An institution shall not, as a condition  of  any  award  or  loan pursuant to this article, require any student:  (1)  submit  to mandatory arbitration to resolve any matter thereafter arising under such agreement prior to  the  commencement  of  any  legal action to enforce the provisions of such agreement;  (2)  resolve  a  complaint  relating  to  any award or loan through an internal dispute process;  (3) waive any right, forum,  or  procedure  for  a  violation  of  any provision  of  this  chapter,  including  the right to file and pursue a civil action, class action or a complaint with, or otherwise notify, any state agency, other public prosecutor, law enforcement  agency,  or  any court or other governmental entity of any alleged violation; and  (4)   be   prohibited   from  disclosing,  discussing,  describing  or commenting upon the terms of the agreement or any violation thereof.  (ii) An institution shall  not  threaten,  retaliate  or  discriminate against  any  student  eligible  for  such  award or loan because of the refusal by such student to consent to mandatory arbitration, to  resolve a  complaint  through  an  internal dispute process, to waive any right, forum, or procedure for a violation of this chapter, including the right to file and pursue a civil action, class action or a complaint with,  or otherwise  notify,  any  state  agency,  other  public  prosecutor,  law enforcement agency, or any court or other  governmental  entity  of  any alleged violation, or not to disclose, discuss, describe or comment upon the terms of the agreement or any violation thereof.  (iii)  For  purposes  of  this paragraph, an agreement that requires a student to opt out of a waiver or take any affirmative action  in  order to  preserve  their  rights  is  deemed a condition of any award or loan pursuant to this article.  (iv)  In  addition  to  injunctive  relief  and  any  other   remedies available,  a  court  may  award  a prevailing plaintiff enforcing their rights under this paragraph reasonable attorneys' fees.  (v) Nothing in this paragraph is  intended  to  invalidate  a  written arbitration  agreement  that  is otherwise enforceable under the Federal Arbitration Act.  (b) The participation agreement  may  contain  such  other  terms  and conditions,  consistent with such applicable laws, rules and procedures, as the president may require in accordance with rules adopted  for  this purpose  by  the  board  and shall be developed in consultation with the commissioner of education.  (c)  In  accordance  with rules adopted by the board for this purpose, the  president,  may  suspend,  limit  or  terminate  an   institution's participation  in  these  programs  in  the event it shall be determined after a hearing conducted in accordance with  the  state  administrative procedure  act  that  the  institution has violated any applicable laws, rules or procedures provided for under the agreement in accordance  with law and the rules of the board.   * NB Effective May 2, 2022   2.  Reports.  In  accordance  with rules adopted by the board for this purpose, the president may require an institution participating  in  the general,  academic  and other award programs to certify on such forms as the president may prescribe at the commencement of its semester, term or other period of attendance, or at such other times as the president  may direct,  the  manner  in  which  the  records  are  being  maintained to demonstrate the eligibility of the students the institution certifies as eligible for the receipt of awards under the provisions  of  subdivision three  of  section  six  hundred  sixty-five of this article during such semester, term or period of attendance. The president may suspend, limit or terminate an institution's participation in the general, academic and other award programs administered by the corporation  in  the  event  it shall  be  determined  after  a hearing conducted in accordance with the state administrative procedure act that the institution  has  failed  or refused  to  submit such certified report after written demand therefor, or shall have willfully submitted a materially false report.