Responsible Office: Academic Affairs
Policy Administrator: Chief Academic Officer
Scope: |Faculty |Staff

Approved By: President's Council

Approved Date: 5/8/2019

Effective Date: 5/8/2019

Category: Faculty and Staff

Description/Purpose:

This policy is to establish the standard that those employed by the University are prohibited under federal regulations from making any false, erroneous, or misleading statement directly or indirectly to a student, any member of the public, an accrediting agency, a state agency, or the U.S. Department of Education.

Details:

SCOPE

This policy applies to all University faculty, staff, administrators, representatives, organization or person with whom the University has an agreement to provide educational programs, marketing, advertising, recruiting or admissions services.

 DEFINITIONS

The Code of Federal Regulations (C.F.R.) title 34, sections 668:71-74 addresses the issue of misrepresentation on the part of the University and provides the following definitions:

Misrepresentation:  Any false, erroneous or misleading statement an eligible institution, one of its representatives, or any ineligible institution, organization, or person with whom the eligible institution has an agreement to provide educational programs, or to provide marketing, advertising, recruiting or admissions services makes directly or indirectly to a student, prospective student or any member of the public, or to an accrediting agency, to a State agency, or to the U.S. Department of Education. A misleading statement includes any statement that has the likelihood or tendency to deceive. A statement is any communication made in writing, visually, orally, or through other means. Misrepresentation includes the dissemination of a student endorsement or testimonial that a student gives either under duress or because the institution required the student to make such an endorsement or testimonial to participate in a program.

Prospective student:  Any individual who has contacted an eligible institution for the purpose of requesting information about enrolling at the institution or who has been contacted directly by the institution or indirectly through advertising about enrolling at the institution.

Substantial misrepresentation:  Any misrepresentation on which the person to whom it was made could reasonably be expected to rely, or has reasonably relied, to that person's detriment.

POLICY STATEMENT

Saint Francis University is prohibited under federal regulations from making any false, erroneous, or misleading statements, directly or indirectly, to a student, prospective student, member of the public, accrediting agency, state agency, or to the U.S. Department of Education. Substantial misrepresentations are prohibited in all forms, including those made in any advertising, promotional materials, or in the marketing or sale of courses or programs of instruction offered by the institution.

The regulations describe misrepresentation with respect to (not an inclusive list):

• Nature of the educational program (34 C.F.R. 668.72): This includes statements about transfer credits; licensing exams; faculty number and qualifications; size and location of institution; facilities and equipment; available part-time employment or other forms of financial assistance; tutoring; guidance and counseling; prerequisites; course content; program requirements; state agency approval or accreditation;
• Nature of financial charges (34 C.F.R. 668.73): This includes statements about scholarships that pay all or part of a course charge; customary charges; cost of program; refund policy; the impact of and responsibility of the student who withdraws from the university as it relates to financial assistance received and to repay loans; the student's right to reject financial aid or other assistance; and whether the student must apply for a particular type of financial aid.
• Employability of graduates (34 C.F.R. 668.74): This includes statements about employment or placement assistance; the knowledge of current or likely future condition; compensation; or employment opportunities in the industry or occupations for which students are being prepared; Governmental job market statistics in relation to potential placement of its graduates; other requirements generally needed to be employed in the fields in which students are trained such as licensing; and failing to disclose factors that would prevent an applicant from qualifying for such requirements, such as prior criminal records or preexisting medical conditions.

ACCOUNTABILITY

It is the expectation of the University that all employees adhere to this policy. The University considers violations of this policy as serious offenses and will take disciplinary action appropriate to the nature and extend of the violation to ensure that violations are not repeated. Any employee conduct that constitutes misrepresentation activity will be addressed through disciplinary procedures.

Each department is encouraged to work with the marketing department in the creation of all materials. Saint Francis University strives to provide accurate, honest and clear information in print, online, broadcast media or oral presentations. Directors are responsible for training of personnel regarding misrepresentation of information about the University, its programs or services.

Source: 34 C.F.R. §§ 668.71-74; 20 U.S. Code §1094

Approval: President's Council 05-08-2019