West Virginia Code of State Rules › Agency 135 - Community And Technical College Education › Title 135 - LEGISLATIVE RULE WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION › Series 135-20 - Initial Authorization of Degree-Granting Institutions › Section 135-20-10 - Termination, Revocation, Suspension, or Withdrawal of Initial Authorization

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The Council
				may, for good cause shown, suspend, withdraw, revoke, or terminate the initial
				authorization of an institution to confer degrees or otherwise operate in this
				State. The Council also may place an institution on probation, order refunds to
				students, forfeit a proprietary school's surety bond in accordance with 135
				C.S.R. 35,
Business, Occupational, and Trade Schools
, or take
				any other appropriate action against an institution violating the provisions of
				this rule. "Good cause" to take adverse action against an institution's initial
				authorization status includes, but is not limited to, the following:
10.1.1. Failure to provide the Council with a
				copy of any notice of warning, suspension, revocation or other adverse action
				received from any accreditor within five days of receipt of such
				notice;
10.1.2. The institution is
				no longer making reasonable and timely progress toward accreditation while
				assigned Preliminary or Probationary Authorization status;
10.1.3. Loss of accreditation by an
				accreditor;
10.1.4. Cancellation of
				a proprietary school's bond by the bonding company and the proprietary school's
				failure to secure a replacement in accordance with this rule and 135 C.S.R. 35,
Business, Occupational, and Trade Schools
;
10.1.5. Providing false, misleading, or
				incomplete information to the Council;
10.1.6. Presenting information or documents
				about the institution that is false, fraudulent, misleading, deceptive, or
				inaccurate in a material respect;
10.1.7. Refusal to allow reasonable
				inspection by or to supply requested information to the Council;
10.1.8. Repeatedly engaging in conduct
				prohibited by this rule and failure to take corrective action directed by the
				Council within the required time;
10.1.9. Closing the institution without
				adequately providing for the completion of students' classes or course work,
				without refunding students' unearned tuition, or otherwise failing to discharge
				the institution's contractual or quasi-contractual obligations to the
				students;
10.1.10. Conviction of
				the owner of an institution of a felony or crime involving administration of
				the institution or State or Federal student financial aid programs;
10.1.11. Repeated and/or consistent
				violations of the guidelines found in this rule, particularly in areas such as
				advertising, fair consumer practices, or operational standards;
10.1.12. Exclusion from eligibility to
				participate in State or Federal student financial aid programs based on any of
				the following:
10.1.12.a. The institution does
				not have a signed participation agreement in place; or,
10.1.12.b. The institution has been deemed
				ineligible to participate in Federal student financial aid programs by the
				United States Department of Education; or
10.1.12.c. The Council has determined, based
				upon audits and/or administrative site visits, that the institution has
				mismanaged State financial aid funds or lacks adequate institutional controls
				to manage such funds properly.
10.1.13. Failure to submit a complete or
				satisfactory annual report in accordance with Section 7 of this rule.