W. Va. Code R. § 135-52-10

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

Section 135-52-10 - Sanctions and Termination of State Authorization

10.1. Intermediate sanctions.

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

10.1.1.a. Require the submission and implementation of an improvement plan to address or correct problems identified by the Council.

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

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

10.1.1.b.2. The institution fails to provide to the Council an approved teach-out plan within the requisite time after being notified by its accreditor or the Council that it needs to do so;

10.1.1.b.3. The institution continuously fails to provide essential student services in a timely manner, including without limitation processing transcript requests or financial aid; or

10.1.1.b.4. 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.

10.2.1. An institution shall provide the Council with a copy of any notice of warning, suspension, revocation or other adverse action received from any national or regional accrediting agency within five (5) business days of receipt of such notice. The Council shall terminate the authorization of any institution that fails to fulfill any requirements prescribed by its accreditor within timeframes established by the accreditor.

10.2.2. The Council 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 135 C.S.R. 20, Initial Authorization of Degree-Granting Institutions.

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

10.2.4. The Council 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:

10.2.4.a. Failed to maintain the minimum standards for conferring degrees.

10.2.4.b. Refused or failed to provide information to the Council in a manner and within a reasonable timeframe as established by the Council.

10.2.4.c. Provided false, misleading or incomplete information to the Council.

10.2.5. The Council 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 Council 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 Council within ten (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 Council offers degrees and/or degree credits in West Virginia the Council shall notify the institution by certified mail that it shall cease immediately to offer degrees and/or degree credits. The Council shall initiate appropriate legal action if the institution fails to comply.

W. Va. Code R. § 135-52-10