W. Va. Code R. § 133-52-10

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

Section 133-52-10 - Sanctions and Termination of State Authorization

10.1. Intermediate sanctions. - If an institution fails to comply with the provisions for reauthorization in this rule, the Commission may progressively impose one or more of the following sanctions.

10.1.a. Require the submission and implementation of an improvement plan to address or correct problems identified by the Commission; and/or

10.1.b. Suspend the ability of an institution to enroll students for one or more of the approved programs offered by the institution.

10.1.b.1. In addition to the foregoing, the Commission may suspend the ability of an institution to enroll future students and deny reauthorization for the next year if any of the following occur:

10.1.b.1.a. The institution fails to provide to the Commission an approved teach-out plan within the requisite time after being notified by its accreditor or the Commission that it needs to do so;

10.1.b.1.b. The institution continuously fails to provide essential student services in a timely manner, including without limitation processing transcript requests or financial aid; or

10.1.b.1.c. The institution fails to comply with State or federal wage and hour laws or employee compensation contracts or the statutory requirements regarding any required subscription to the Unemployment Compensation Fund or workers' compensation insurance, the payment of premiums or other charges as required to maintain such coverage, the timely filing of payroll reports, or the maintenance of adequate deposits.

10.2. Termination of state authorization.

10.2.a. An institution shall provide the Commission with a copy of any notice, warning, suspension, revocation, or other adverse action received from any national or regional accrediting agency within five business days of receipt of such notice. The Commission shall terminate the authorization of any institution that fails to fulfill any requirements prescribed by its accreditor within timeframes established by the accreditor.

10.2.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, forfeit the institution's surety bonds, revoke an institution's degree granting authority, or take any other appropriate action per 133 C.S.R. 20, Initial Authorization of Degree-Granting Institutions.

10.2.c. The Commission may terminate state authorization if the institution fails to submit an acceptable annual reauthorization application or submits an incomplete or unsatisfactory reauthorization application, as determined by Commission staff in accordance with the provisions of this rule.

10.2.d. The Commission shall revoke the authority of an institution to confer degrees at any time when the institution's governing body, chief executive officer, or both have done any one or more of the following:

10.2.d.1. Failed to maintain the minimum standards for conferring degrees;

10.2.d.2. Refused or failed to provide information to the Commission in a manner and within a reasonable timeframe as established by the Commission; or

10.2.d.3. Provided false, misleading, or incomplete information to the Commission.

10.2.e. The Commission shall terminate the authorization of an institution authorized as a religious, theological, or faith-based college that fails to meet the criteria for a religious institution. The Commission shall notify the institution of its action in writing and allow a phase-out period of not more than one additional academic term. The institution may file an appeal to the Commission within 10 business days of its receipt of the written notice. In the absence of a timely appeal, the termination shall be final.

10.3. Notification to cease offering degrees or degree credits. If an institution not authorized by the Commission offers degrees and/or degree credits in West Virginia, the Commission shall notify the institution by certified mail that it shall cease immediately to offer degrees and/or degree credits. The Commission shall initiate appropriate legal action if the institution fail to comply.

W. Va. Code R. § 133-52-10