W. Va. Code R. § 133-35-12

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 133-35-12 - Advertising

12.1. Each school and its representatives shall not make or cause to be made any oral, written, or visual presentation in connection with the offering or publicizing of a subject or course of instruction which is false or misleading.

12.2. In its advertising, a school shall:

12.2.1. Limit reference to its authority to operate to "Permit to Operate Issued by the West Virginia Higher Education Policy Commission;

12.2.2. Disclose that it is a home study school if it provides such instruction;

12.2.3. Advertise starting or average salaries of its former students only if these claims can be documented for the most recent twelve- (12) month period preceding the advertisement for more than fifty percent (50%) of the graduating class.

12.3. In its advertising, a school shall not:

12.3.1. Advertise that it is "supervised," "recommended," "endorsed," "approved," or "accredited" by the Commission;

12.3.2. Describe its courses of instruction and subjects in a misleading manner.

12.3.3. Use photographs or other illustrations in ways which misrepresent the size and location of the school, its equipment and facilities for the career for which the student is being trained;

12.3.4. Represent that it is endorsed by or affiliated with a college or university, unless such statements can be documented;

12.3.5. Advertise or indicate in any manner the transferability, or possibility of transferability, of its credits to colleges and universities unless it has written evidence on file of current acceptability of such credits from said colleges or universities;

12.3.6. Advertise that it is endorsed by manufacturers, business establishments, or organizations engaged in the line of work for which the school gives training unless written documentation regarding the endorsement is on file;

12.3.7. Advertise accredited status unless such status has been received from an accrediting body currently listed as recognized by the United States Department of Education and such accrediting body must be named if used in any advertisement or promotional material;

12.3.8. Advertise as an employment agency, or under the same or similar name as such an agency, or advertise training courses in the "Help Wanted" section of any newspaper;

12.3.9. Advertise any tuition, fees, or other charges in amounts other than those currently on file in the chancellor's office or advertise them without showing the total costs;

12.3.10. Falsely guarantee job placement or employment at a certain wage; or

12.3.11. Use endorsements, commendations, or recommendations by students without their written consent.

12.4. A school eligible to offer a course of instruction or program leading to an associate degree or specialized associate degree shall, in any advertisement, promotional material, or the school catalogue refer to this degree designation as an "Associate Degree" or a "Specialized Associate Degree."

12.5. Those schools that are accredited by a national or regional accrediting agency recognized by the United States Department of Education may adhere to the accrediting agency's criteria regarding advertising to satisfy the requirements of this section. However, in the event that advertising is not addressed by accrediting agency criteria, the provisions of this section must be followed.

W. Va. Code R. § 133-35-12