South Carolina Code of Regulations › Chapter 62 - STATE COMMISSION ON HIGHER EDUCATION › Article I - LICENSING NONPUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS › Section 62-26 - Advertising Guidelines

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 "Advertising" includes any form of public notice however distributed. Within
			 this definition would be virtually all publications and promotional items and
			 efforts that could normally be expected to be seen by significant numbers of
			 prospective students or their sponsors. Examples include catalogs, bulletins,
			 brochures and other institution publications, signs, mailing pieces,
			 specialties, radio, television, audiovisual, newspaper, or any other form of
			 public notice designed to aid in the institution's recruiting and promotional
			 activities.
B. Each institution
			 shall maintain high ethical standards in the conduct of its operations,
			 solicitation of its students, and in its advertising and promotional material.
			 The use of any unfair or deceptive trade practice or the making or causing to
			 be made any false, misleading or deceptive statement in any advertising or
			 promotional material that has the tendency or capacity to mislead or deceive
			 students, prospective students, or the public shall be cause for the refusal to
			 issue or renew, or revocation or suspension of licenses or permits.
C. The correct name of the institution is to
			 appear in all advertising. "Blind" ads are considered misleading and
			 unethical.
D. The location of the
			 institution must be noted on each advertising offering; courses offered by
			 distance education must clearly describe the method of delivery.
E. Reference in advertising to accreditation
			 shall name the agency and shall be limited to accreditation currently held by
			 the institution through nationally recognized accrediting agencies as defined
			 and listed by the United States Department of Education.
F. The institution must be able to
			 substantiate from its own records any advertised claims, including employment
			 and earnings claims. If any oral or written placement claims are made, the
			 institution must disclose its placement rate. Advertising of salaries and other
			 occupational opportunities must clearly disclose the normal range of salaries
			 and opportunities available to students immediately after graduation. The
			 normal range would exclude the top ten percent and the bottom ten percent of
			 the graduates. Claims must avoid "high starting salaries," "top paying jobs,"
			 "high pay," and other exaggerated approaches. Large earnings shall not be
			 implied.
G. When using classified
			 advertising an institution shall not request a misclassification nor shall it
			 allow others to use its name or program offerings in inappropriate
			 classifications. "Help wanted," or "employment" classifications are to be used
			 only to procure employees for the institution, never to attract
			 students.
H. Although advertising
			 space limitations might restrict desirable explanations, the text must avoid
			 abbreviated claims that might tend to be easily misunderstood. If an item is
			 considered important enough to be included in advertising, it should be
			 presented in a manner clearly understandable to anticipated readers. An
			 institution may not claim space limitations as a reasonable excuse for limited
			 disclosure that could tend to obscure, conceal, mislead, omit, deceive,
			 confuse, distract, or otherwise continue to create misunderstanding.
I. An institution's officials must accept
			 full responsibility for advertising prepared and placed by its representatives,
			 advertising agencies, or others involved by the institution in its recruiting
			 and promotional efforts, and should therefore review and approve such
			 advertising before its use.
J.
			 Mention of institutional eligibility for federal grants, loans, or other
			 student financial aid programs in advertising must be limited to the
			 announcement, "Financial aid available for those who qualify."
K. Information about programs or courses,
			 available through the Internet, World Wide Web, or other electronic
			 telecommunication methods, must provide access on its first 'page' to licensure
			 and accreditation information as described in Regulation Regulation
			 62-16.
			 Electronic links or contact information must be included to each licensing
			 agency and to each accrediting agency. The institution's web site must include
			 the full and correct name of the institution, the name of the chief operating
			 or academic officer, telephone numbers, street address, and the city where the
			 institution is located. All other information on the web site must comply with
			 the Commission's trade and sales practices, advertising guidelines, rules, and
			 regulations.