mental incapacity -- Participant: No, for purposes of this definition. Mr. McComis: Right. Participant: It would be a reasonable person who most likely would not be considered to have their mental disability, or whatever. Mr. McComis: Right. Participant: For purposes, now, of this definition of each of those. Mr. McComis: Right. And so I just wanted to make clear, in my mind, of what we're talking about is, just, would a reasonable person be misled by that statement. Participant: Right. Yes. Mr. McComis: Not, would that individual be misled by that statement. Participant: Yes. That's right. Ms. Miller: Okay. That makes sense. All right. Now can I go to my actual question? Thank you. Okay. So I have just a couple of suggestions for some additional words in your A through K list that I'd like you to think about. Letter C would be, to include accreditation after specialized, programmatic, or institutional certifications, accreditation, or approvals not actually obtained. And that's, the basis being that, specialized and programmatic accreditation can be a driver in enrollment decisions based upon whether or not an institution or a program actually has that, particularly if it's a condition of employment. I would suggest under H that it might be more useful to take out the list and maybe just replace it with a representation that the institution, its courses or programs, are endorsed by any entity, group, or
if something changes, yes, you need to give them a revised award in whatever way that you do that. Participant: Okay. Alyssa, Walter Kelly, and just keep in mind, we're kind of speaking to the comments of the tweaks that were suggested, and more specifically, currently discussing F. Participant: Might this also be time to consider a short break? Ms. Miller: I was going to say, it is 3 o'clock. Okay. So why don't we take a 15-minute break. Be back 3:15. Participant: Okay. So I would like to redirect the group just in the time we have left today, and understanding, we will have to leave time at the end for public comment as well as some housekeeping items, but I just wanted to guide us back into the discussion that we were having beforehand. And this was kind of on the general tweaks that were suggested by many of the group members, Aaron, Valerie, Michael, Lodriguez. And when we left, I believe we were talking about Section F, so 2F. So we will go Alyssa, Dan, Kelly, and then continue the discussion. And then also, on my list, I have other points that we discussed, and will discuss, is the inclusion of a reasonable person standard, and then I believe the comment that Ashley had brought up about the inclusion of a reasonable period on some of these. So if your comments do not fall into the reasonable person or the reasonable period, discuss them now in this kind of general time. Okay. So Alyssa, Dan, Kelly, and now I see Abby. Ms. Dobson: So I think a lot of my concern was alleviated with AnnMarie's last comment about the intent of the statement made in F, but I think it should be further explained or at least ingrained into that verbiage, because it does say, representation
language. Ms. Shafroth: I'm okay with having, under the circumstances, in this section. I just want to get rid of, reasonable person, like I said. So, would have a tendency to mislead under the circumstances, would be okay with me. I'm not sure what the -- I assume that's still doing the same thing that we're trying to get to here. Ms. Rawles: We don't it is. The reason that Aaron and I huddled over here and said, well, we'll go with Abby's language, under the circumstances, what you've proposed is not what we were offering to compromise on. Participant: Okay. So at this I do not think we have an agreement on where that would end up. I want to get back on the names. Mike and then Dawn. Mr. Busada: Okay. Just in a general standpoint, this isn't specifically on reasonable person, per se, but it does affect that. Sometimes I feel like I'm on a different planet and, you know, maybe, in some places Shreveport, Louisiana is a different planet, but in a school where you have 100 people, 100 students, you know the name of every single one, they know where you live by looking in the phone book, my family that has run it, that I help out with legal stuff, been doing it for 40 years, they're not trying to pull a bunch of money out and go to, you know, Cancun or something. I mean, they're there. That's their reputation. And let me -- and what happens at a school like mine is, if a student comes in and says, you know what? I was led to believe this. I didn't really understand it that way. I'm sorry. I didn't have the kind of -- you know, my English skills aren't as good. I'm going to say, you know what? That's a good point and let's -- you know, how do you want to proceed? And we'll you -- you know, we'll refund you everything and make it right. That's what happens