W. Va. Code R. § 133-52-3

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

Section 133-52-3 - Definitions

3.1. "Accreditation" means a review of the quality of higher education institutions and programs to ensure that such institutions meet acceptable levels of quality, which is attained by the institution through meeting standards set by a nongovernmental entity (i.e., an accrediting organization recognized by the U.S. Department of Education) as well as federal and State government agencies authorized to set such standards.

3.2. "Authorization" means the status attained by the institution that allows the institution to offer postsecondary programs and courses within the State of West Virginia. This status is granted by the Higher Education Policy Commission when the institution demonstrates compliance with the requirements for such status.

3.3. "Chancellor" means the Chancellor for Higher Education as that term is defined by W. Va. Code § 18B-2-1 or his or her designee.

3.4. "Commission" means the West Virginia Higher Education Policy Commission.

3.5. "Council" means the West Virginia Council for Community and Technical College Education.

3.6. "Degree" means any earned award conferred by a higher education institution which represents satisfactory completion of the requirements of a program, or course of study, or any instruction beyond or apart from the secondary level of greater duration than eleven months of full-time study.

3.7. "Institution" means any person, firm, corporation, association, agency, institute, trust, or other entity of any nature whatsoever offering education beyond the secondary level which:

3.7.a. Offers courses or programs of study or instruction which lead to or which may reasonably be understood to be applicable toward a baccalaureate, masters, doctorate, or other specialized certification or degree designation above the associate's degree level; or

3.7.b. Operates a facility as a college or university or other entity in the State of West Virginia which offers degrees or other indicia of a level of educational attainment beyond the secondary school level; or

3.7.c. Uses the term "college" or "university," or words of like meaning in its name or in any manner in connection with its academic affairs or business.

3.8. "Physical presence" means an actual presence in the State, online or on-site, for the purpose of conducting activity related to: a postsecondary educational institution; educational services; dissemination of educational credentials; or enrollment, solicitation, or advertising. "Physical presence" shall include but not be limited to:

3.8.a. An instructional site within the state;

3.8.b. Dissemination of an educational credential from a location within the State.

3.8.c. An agent, whether compensated or not, who is utilized for the purpose of administering, coordinating, teaching, training, tutoring, counseling, advising, recruiting, or performing any other activity on behalf of the sponsoring institution;

3.8.d. Advertising, promotional material, or public solicitation in any form that targets West Virginia residents through distribution or advertising in the State;

3.8.e. Instructional delivery that receives assistance from any other organization within the State in that delivery; or

3.8.f. Clinical experiences, internships, or other similar curricular requirements.

3.8.g. Activities exempt from this definition include: online instructors residing in West Virginia but having no direct, in-person contact with students and individuals participating in college fairs coordinated by the Commission or West Virginia local school districts.

3.9. "Reauthorization" is the process by which an institution annually renews its status as an institution authorized to offer programs and courses for in West Virginia residents. This status is granted by the Commission when the institution demonstrates compliance with the requirements for such status.

3.10. "Religious, theological, or faith-based institution" means a postsecondary institution that offers no degree programs other than those specifically related to the institution's doctrine. Institutions that offer general degree programs cannot be exempted by this rule as religious, theological, or faith-based.

W. Va. Code R. § 133-52-3