New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 3 - University Of The State Of New York; State Education Department › Incorporation › Section 3.29 - Use of the terms "college" and "university"

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as provided in subdivisions (b)
				  and (c) of this section, no individual proprietorship, association,
				  co-partnership or corporation, other than the State University of New York and
				  the City University of New York and their respective component institutions, a
				  community college as defined in section 6301  of
				  the Education Law, and an institution chartered by the Regents or by special
				  act of the Legislature for the purpose of offering registered undergraduate
				  and/or graduate courses of study creditable toward a degree, shall use the
				  words "college" or " university" in its name.
(b) This section shall not apply to
				  corporations which are now using the word "college" in their corporate names
				  and which had used the word "college" in their corporate names prior to the
				  enactment of chapter 378 of the Laws of 1892, or to individual proprietorships,
				  associations, co-partnership or corporations which do not offer educational
				  programs and whose name includes the word "college" or "university" in a
				  context from which it clearly appears that such entity is not an educational
				  institution.
(c) The commissioner, pursuant to Education Law, section 216, may consent to the amendment of the certificate of incorporation or
					 articles of organization of an entity formed under the Business Corporation
					 Law, Limited Liability Company Law, or Not-for-Profit Corporation Law,whose
					 purposes include the operation of a program or programs of postsecondary
					 education, to include the word "college" or "university"in the corporate name,
					 provided that:
(1) such entity has been authorized by the Board of Regents
					 to issue one or more academic degrees;
(2) the program or programs leading to such authorized
					 degree or degrees have been registered by the department;
(3) such entity possesses full and current accreditation
					 from an institutional accrediting agency recognized for this purpose by the
					 United States Department of Education;
(4) the entity and any school or educational program which
					 it may conduct shall be subject to and comply with all of the statutory
					 provisions, rules of the Regents and regulations of the commissioner which
					 would be applicable to a corporation created by the Regents pursuant to section
					 216 of the Education Law for the same purpose or purposes;
(5) for the use of the term "university", the entity shall
					 meet the definition of "university" defined in subdivision (l) of section
					 50.1  of this Title; and
(6) the proposed amendment of the certificate of
					 incorporation or articles of organization specifically states that within
					 thirty days after receipt by the entity of an order by the Board of Regents
					 directing such action, the holders of the majority of all the outstanding
					 shares of the entity entitled to vote upon an amendment of the certificate of
					 incorporation or articles of organization will cause to be filed with the
					 Secretary of State a certificate of amendment to the certificate of
					 incorporation or articles of organization changing the entity's name to delete
					 therefrom the word "college" or "university." Such an order of the Board of
					 Regents shall be made upon a finding that the entity does not comply with one
					 or more of the requirements of paragraphs (1) through (5) of this
					 subdivision.
(d) The commissioner, pursuant to Education Law, section
					 216, may consent to the amendment of the certificate of incorporation or
					 articles of organization of a teaching hospital or academic medical center
					 formed under the Business Corporation Law, Limited Liability Company Law, or
					 the Not-for-Profit Corporation Law to include the word "university" in the
					 entity's name, provided that:
(1) such entity has at least two residency programs
					 accredited by the Accreditation Council on Graduate Medical Education, or an
					 equivalent accrediting agency acceptable to the department, or which are part
					 of such a program through affiliation(s) approved by the Accreditation Council
					 on Graduate Medical Education, or an equivalent agency acceptable to the
					 department;
(2) such entity employs professional teaching staff with
					 academic appointment or title from a New York State registered medical school
					 for medical education of students from such medical school who are accountable
					 to the dean of such medical school;
(3) such entity otherwise demonstrates a commitment to
					 graduate medical education satisfactory to the department; and
(4) the proposed amendment of the certificate of
					 incorporation or articles of organization specifically states that within
					 thirty days after receipt by the entity of an order by the Board of Regents
					 directing such action, the holders of the majority of all the outstanding
					 shares of the entity entitled to vote upon an amendment of the certificate of
					 incorporation or articles of organization will cause to be filed with the
					 Secretary of State a certificate of amendment to the certificate of
					 incorporation or articles of organization changing the entity's name to delete
					 therefrom the word "university." Such an order of the Board of Regents shall be
					 made upon a finding that the entity does not comply with one or more of the
					 requirements of paragraphs (1) through (3) of this subdivision.