West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-20 - Initial Authorization of Degree-Granting Institutions › Section 133-20-10 - Termination of State Authorization

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Termination of state authorization for
				those institutions not subject to annual reauthorization.
10.1.a. An institution shall provide the
				Commission with a copy of any notice of warning, suspension, revocation or
				other adverse action received from any national or regional accrediting agency
				within five (5) days of receipt of such notice.
10.1.b. The Commission may for good cause,
				suspend, withdraw or revoke the authorization of an institution to generate or
				solicit students within the state, place an institution on probation, order
				refunds to students, or forfeit the institution's surety bonds, or take any
				other appropriate action. Good cause shall consist of any one or more of the
				following:
10.1.b.1. The institution is no
				longer making reasonable and timely progress toward accreditation while
				assigned Preliminary or Probationary State Authorization;
10.1.b.2. Loss of accreditation by a
				nationally or regionally recognized accrediting agency;
10.1.b.3. Cancellation of the institution's
				bond by the bonding company and failure to secure a replacement in accordance
				with this rule;
10.1.b.4. Providing
				false, misleading, or incomplete information to the Commission;
10.1.b.5. Presenting information about the
				school which is false, fraudulent, misleading, deceptive, or inaccurate in a
				material respect to students or prospective students;
10.1.b.6. Refusal to allow reasonable
				inspection or to supply reasonable information after a written request by the
				Commission has been received;
10.1.b.7. A final determination that the
				institution has engaged in conduct prohibited by this rule, and any specified
				corrective action has not been taken within the required time;
10.1.b.8. Closure of the institution without
				adequately providing for the completion of students' classes or course work,
				without refunding students' unearned tuition or otherwise discharged the
				institution's contractual obligations to the students;
10.1.b.9. Conviction of the owner of an
				institution for a felony or crime involving administration of the institution
				or involving Federal Student Assistance programs.
10.1.b.10. Repeated and/or consistent
				violations of the guidelines found in this rule, particularly in areas such as
				advertising, fair consumer practices, or operational standards.
10.1.b.11. Exclusion from eligibility to
				participate in the West Virginia Higher Education Grant Program due to one of
				the following reasons:
10.1.b.11.A. The
				institution does not have a signed participation agreement in place;
				or
10.1.b.11.B. The institution has
				been deemed ineligible to participate in federal student financial aid programs
				by the United States Department of Education; or
10.1.b.11.C. The Commission has determined,
				based upon audits and/or administrative site visits by Commission staff, that
				the institution has seriously mismanaged higher education grant or other state
				financial aid funds or lacks adequate institutional controls to manage such
				funds properly.
10.1.b.12. Failure to submit an acceptable
				annual report, an incomplete or unsatisfactory annual report, as determined by
				Commission staff and as referenced in section 14 of this
				rule.
10.1.c. An
				institution authorized as a religious, theological or faith-based college that
				fails to continue to meet the criteria for a religious institution shall have
				its authorization terminated. The institution shall be so notified in writing.
				A phase-out period of not more than one additional academic term shall be
				permitted. An appeal to the Commission may be filed within ten (10) working
				days. In the absence of a timely appeal the termination shall be
				final.