2023 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.
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.
3.  Contingencies  on the receipt of state funding. (a) An institution
shall not, as a condition of any award or loan pursuant to this article,
require any student to:
(i) submit to mandatory arbitration to resolve any matter relating  to
such  award  or  loan  prior  to the commencement of any legal action to
enforce an entitlement thereto;
(ii) resolve a complaint relating to any  award  or  loan  through  an
internal dispute process;
(iii)  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; or
(iv)  be  prohibited  from  disclosing,  discussing,   describing   or
commenting upon the terms of the agreement or any violation thereof.
(b)  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.
(c) For purposes of this subdivision, 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 that  violates  paragraph
(a) of this subdivision.
(d) In addition to injunctive relief and any other remedies available,
a  court  may  award a prevailing plaintiff enforcing their rights under
this subdivision reasonable attorneys' fees.
(e) Nothing in this subdivision is intended to  invalidate  a  written
arbitration  agreement  that  is otherwise enforceable under the Federal
Arbitration Act.