Responsible Office: President's Office
Policy Administrator: President
Scope: |Public

Approved By: President's Council

Approved Date: 10/2/2024

Effective Date: 10/2/2024

Category: Institutional

Description/Purpose:

Defines Third-Party Provider Policy

Procedures:

Consequence:

Details:

Definitions

The following definitions used and/or inferred in this policy or procedure, are taken in part from the Middle States Commission on Higher Education (MSCHE) Third-Party Providers Policy, which became effective on January 1, 2024.

• Articulation agreement - An agreement between or among institutions of higher education that specifies the acceptability of courses in transfer toward meeting specific degree or program requirements. These types of agreements do not require MSCHE approval prior to implementation.
• Third-party provider - An entity, institution or organization that has a contract or written arrangement to provide services to the institution. A third-party provider is considered ineligible if it is not accredited by a United States Department of Education (USDE) recognized accreditor and is not certified to participate in Title IV programs.
• Third-party servicer - An individual, state or private profit or non-profit organization that enters into a contract with an eligible institution to administer, through either manual or automated processing, any aspect of the institution’s participation in any Title IV, HEA program. An employee of an institution is not considered a third-party servicer, so long as they are not employed by or associated with a third-party servicer for an outside organization. (federal definition in 34 CFR § 668.2)
• Transfer agreement - An agreement typically between institutions in the same system or between institutions of higher education within the same service area. The determinations for transfer of credit will be based on local/campus equivalencies and without reference to fulfillment of specific requirements for a degree or credential. These types of agreements do not require Commission approval prior to implementation.
• Written arrangement - A written arrangement wherein an institution outsources some portion of one or more of its educational programs or educational business operations to a third-party provider that is not accredited. For purposes of substantive change, the institution is outsourcing more than 25 percent of credit-bearing educational programs to another institution or organization that is not certified to participate in Title IV, HEA programs. Formerly referred to as a contractual arrangement. For more information, see the Commission’s Substantive Change Policy and Procedures, Substantive Change Guidelines and/or federal regulation 34 CFR § 668.5 Written arrangements to provide educational programs.

Approval & Oversight 

The President and the President’s Council will review third-party proposals and be responsible for the approval of contracts and arrangements with third-party providers. An additional review of contracts will be conducted by the general counsel.

Saint Francis University will retain oversight, management, and assessment of third-party providers.

Contracts with third-party providers will address minimum requirements as outlined by MSCHE including but not limited to (see Third-Party Providers Procedures):

• Description of services provided by the third-party provider and the institution;
• Period of agreement;
• Compensation;
• Terms for termination of the contract and addressing breach of contract;
• Protections for students and security of student records; and
• Grievance procedures.

Contracts that require accreditor approval or notification will be communicated in a timely manner and before final signature of contracts to the Saint Francis University Accreditation Liaison Officer for appropriate submission to MSCHE.

Assessment & Review

Saint Francis University will conduct regular assessment of third-party providers. In accordance with the University’s Administrative Unit Review Guidelines and Procedures, Division Vice Presidents will be responsible for assessing third-party providers with a formal process every 5 years or more frequently as needed.

Assessment and evaluation data may include: surveys, student or employee feedback, student learning assessment data, observations, review of mission and goals, organizational charts and duties, budgets, and evaluation of equipment/facilities/software/services.

Disclosures & Record Keeping

The University is responsible for ensuring required public disclosures as outlined by MSCHE and the USDE.

The University is prepared to provide MSCHE with information on third-party providers during Self-Study and accreditation activities including sample contracts, lists of third-party providers, and assessment and evaluation results.