Chapter 44

COL 11060917GCA EDUCATION CH.44PRIVATE POST-SECONDARY INSTITUTIONS 1CHAPTER 44 PRIVATE POST-SECONDARY INSTI TUTIONS SOURCE: This Chapter was originally added by P .L. 15 -44:4 (Jun. 27, 1979). Repealed by P .L. 28 -068:IV:107 (Sept. 30, 2005). Reenacted by P .L. 29 -155:1 (Jan. 30, 2009). 2009 NOTE: P.L. 28 -045:10 (June 6, 2 005) changed the name of the Department of Education to the Guam Public School System. P.L. 30 -050:2 (July 14, 2009) reverted the name of the Guam Public School System to the Department of Education. References to Guam Public School System have been chang ed to Department of Education pursuant to P.L. 30 -050:3. §44101. Legislative Findings and Intent. §44102. Definitions. §44103. Exemptions. §44104. Council on Post -secondary Institution Certification. §44105. Private Post -secondary Institutions: Certif ication. §44105.1. Private Post -secondary Institutions: Certification Period, Renewal. §44105.2. Private Post -secondary Institutions: Institutional Closure. §44106. Fair Consumer Practice. §44107. Violations and Penalties. §44108. Severability. §44101. Legislative Findings and Intent.

§44105.2. Private Post -secondary Institutions: Institutional Closure. §44106. Fair Consumer Practice. §44107. Violations and Penalties. §44108. Severability. §44101. Legislative Findings and Intent. I Liheslaturan Guahan finds that there are several private post - secondary institutions that have been established on the island. I Liheslatura recognizes that educational credential se rves several purposes to which employers rely upon in judging such person’s qualifications for employment and for educators to assess the adequacy of such person’s preparation for the pursuit of further education. An important tool in the process of providing a substantial and ade quate education has been removed bya previous legislature. It is, further found that the need for educational services is so great that it cannot be met by tax -supported institutions alone. The contribution of educational institutions is needed for the g rowth of our island as a progressive community. This can be best achieved by protec ting the integrity of degrees and diplomas issued by educational institutions on our island through an evaluation of minimum education requirements.

ive community. This can be best achieved by protec ting the integrity of degrees and diplomas issued by educational institutions on our island through an evaluation of minimum education requirements. It is the intent of I Liheslatura to encourage privately supported education, as well as to protect the integrity of degrees and diplomas conferred by privately -and publicly -supported education institutions. I COL 11060917GCA EDUCATION CH.44PRIVATE POST-SECONDARY INSTITUTIONS 2Liheslatura further intends to prohibit the granting of false or m isleading educational credentials and to prohibit misleading literature, advertising, solicitation, orrepresentations by private post -secondary institutions or their agents. § 44102. Definitions. As used in this Chapter, the following terms apply: (a)Accreditation means accredited status awarded to an institution by an accrediting agency orassociation that is recognized bythe United States Department of Education and that has standards comparable to the minimum standards required to operate an educatio nal institution at that level in this Territory.

t is recognized bythe United States Department of Education and that has standards comparable to the minimum standards required to operate an educatio nal institution at that level in this Territory. (b)Agent means any person who, at a place away from the principal school premises orsite of instruction, whose primary task is to serve as a paid recruiter, while owning an interest in, employed by orrepresenting for remuneration orother consideration a private post - secondary educational institution offers orattempts to secure enrollment of any person within the Territory of Guam and accepts application fees oradmission fees for education in an institut ion. (c) Avocational means a course orprogram the objec tive of which is notoccupational, but is onlyfor personal enrichment orenjoyment. To be classified as avocational, a program must: (1) Prior to enrollment, provide to each enrollee, and maintain a record copy of, a written statement that includes the following orsubstantially similar language: 'This program is not designed orintended to qualify its participants and graduates for employment.

a record copy of, a written statement that includes the following orsubstantially similar language: 'This program is not designed orintended to qualify its participants and graduates for employment. It is solely for the avocation, personal enrichment, and enjoyment of its participants.' (2) Not make any other verbal orwritten statement that negates the required written statement by stating orimplying that people who enroll in orcomplete the program have a more substantial likelihood of obtaining employ ment in the field to which the training pertains than people who do not. (d)Council means the Council on Post -secondary Institution Certification established by § 44104 of this Chapter. (e)Degree means any academic degree orhonorary degree ortitle COL 11060917GCA EDUCATION CH.44PRIVATE POST-SECONDARY INSTITUTIONS 3of any designation, mark, appellation, series of letters orwords such as, but not limited to , associate, bachelor, master, doctor orfellow which signified, purports oris generally taken to signify satisfactory completion of the requirements of an academic, educational, technological orprofessional program of study beyond the secondary school level oris an honorary title

erally taken to signify satisfactory completion of the requirements of an academic, educational, technological orprofessional program of study beyond the secondary school level oris an honorary title conferred for recognition of some meritorious achievement. (f)Diploma means any diploma, certificate, transcript, document orother writi ng which indicates enrollment in orcompletion of a course of study other than a degree. (g)Education oreducation services includes, but is not limited to, any class, course orprogram of training, instruction orstudy. (h)In-service , continuing educati on, orprofessional development means training provided by: (1) A trade orprofessional association ora group of employers in the same orrelated business who offer training and provide only professional development programs to bona fide employees orcontractors of an employer who is a member of the association oremployers who qualify for membership; (2) A labor union orgroup of labor unions that offer training to and trains only those persons who are dues -paying members of the participating labor union; (3) An independent contractor engaged by the labor union or group of labor unions, by written contract,

to and trains only those persons who are dues -paying members of the participating labor union; (3) An independent contractor engaged by the labor union or group of labor unions, by written contract, to provide the training on its behalf exclusively to those who are selected by the labor union orgroup of labor unions that engaged the contractor and who are dues -paying members of that union; or (4) A person orentity offering only continuing education programs to persons who engage in an occupation orprofession whose practitioners are subject to licensure, certification, or registration by a state a gency that recognizes the programs for continuing education purposes and provides a written statement of the recognition. (i) Out-of-territory college/university orout-of-territory school means any private post -secondary educational institution where the place of instruction, the legal place of residence, orthe place of COL 11060917GCA EDUCATION CH.44PRIVATE POST-SECONDARY INSTITUTIONS 4evaluation of instruction or work by correspondence ordistance education is notwithin the legal boundaries of this Territory.

ce of COL 11060917GCA EDUCATION CH.44PRIVATE POST-SECONDARY INSTITUTIONS 4evaluation of instruction or work by correspondence ordistance education is notwithin the legal boundaries of this Territory. (j)To offer includes, in addition to its usual meanings, advertising, publicizing, soliciting orencouraging any person, directly orindirectly, in any form, to perform the act described. (k)To operate an educational institution , orlike term, means to establish, keep, ormaintain any facility orlocation in this Territory where, from orthrough which services are offered oreducational degrees ordiplomas are offered orgranted. (l)Private Post -secondary Institution or institution means any nonpublic post -secondary non -collegiate educational institution, associa tion, corporation, person, partnership, ororganization of any typefrom the United States or from abroad which: (1) Offers to provide or provides any complete, or substantially complete, post -secondary program of instruction through the student’s personal attendance; in the presence of an instructor; in a classroom, clinical, orother practicum setting; or through correspondence orother distance education; (2) Represents, directly

he student’s personal attendance; in the presence of an instructor; in a classroom, clinical, orother practicum setting; or through correspondence orother distance education; (2) Represents, directly orbyimplication, that the instruction will qualify the student for employ ment in an occupation for which a degree is notrequired in order to practice in this Territory; (3) Receives remuneration from the student orany other source based on the enrollment of a student orthe number of students enrolled; or (4) Offers to award orawards a diploma, regardless of whether it conducts instruction orreceives remuneration. § 44103. Exemptions. The following education and educational institutions are exempted from the provisions of this Chapter: (a) Education solely vocational orrecreational in nature, as determined by the Council; (b) A nonprofit institution owned, controlled and operated and maintained by a bona fide church or religious denomination, ifsuch COL 11060917GCA EDUCATION CH.44PRIVATE POST-SECONDARY INSTITUTIONS 5education is limited to instructions in the principles of that church or denomination orto courses offered for the purpose of training the adherents of such church

RIVATE POST-SECONDARY INSTITUTIONS 5education is limited to instructions in the principles of that church or denomination orto courses offered for the purpose of training the adherents of such church ordenomination in the care of the sick in accordance with its religious tenets and the diploma ordegree is limited to evidence of completion of that education, an d the meritorious recognition upon which any honorary degree is conferred is limited to the principles of that church ordenomination. (c) Post -secondary education institutions established, operated and governed by the government of Guam. (d) Education spo nsored by a bona fide trade, business, professional orfraternal organization which is recognized by the Council as being solely for that organization’s membership and offered at no charge for the persons taking the course. (e) Institutions exclusively off ering instruction at any orall levels from preschool through twelfth (12th) grade. (f) Any post -secondary educational course orprogram of study offered by an institution of higher education at a United States military post orreservation when that course orprogram is open onlyto military personnel, their dependents,

course orprogram of study offered by an institution of higher education at a United States military post orreservation when that course orprogram is open onlyto military personnel, their dependents, orcivilians employed by that military post orreservation. (g) Tutorial instruction delivered and designed to supplement regular classes for students enrolled in any public orprivate schoo l or to prepare an individual for an examination for professional prac tice or higher education. § 44104. Council on Post -secondary Institution Certification. (a) Establishment, Powers and Duties. There is within the government of Guam the Council on Post -secondary Institution Certification that shall authorize the granting of diplomas and degrees by any private, nonpublic post -secondary institution operating on Guam. The Council shall exercise independently all powers, duties, and functions prescribed by law. The Council shall function in matters concerning independent post -secondary institutions in consumer protection, program improvement, and certification for private post -secondary institutions prescribed in this Chapter.

tion in matters concerning independent post -secondary institutions in consumer protection, program improvement, and certification for private post -secondary institutions prescribed in this Chapter. The Council shall : (1) Establ ish minimum criteria including quality of education, ethical and business practices, health and safety and fiscal COL 11060917GCA EDUCATION CH.44PRIVATE POST-SECONDARY INSTITUTIONS 6responsibility, which applicants for authorization to offer oroperate education services orgrant degrees ordiplomas as a post -secondary education institution orfor an agent’s certification, shall meet before such authorization orcertification may be issued, and to continue such authorization orcertification in effect. Criteria to be developed hereunder shall be such as will effectuate the purposes of this Chapter, but will notunreasonably hinder legitimate education innovation. (2) Establish rules for the approval of modified oradditional programs, degrees, and locations. (3) Receive, investigate, and act upon applications for authorizat ion orapproval to operate educational institution and application for agent’s permit.

oradditional programs, degrees, and locations. (3) Receive, investigate, and act upon applications for authorizat ion orapproval to operate educational institution and application for agent’s permit. (4) Inform private post -secondary institutions operating in the Territory of Guam of laws adopted by I Liheslaturan Guåhan , and rules and regulations adopted by the Cou ncil and of their re sponsibility to follow those laws and rules and regulations. (5) Establish procedures for receiving and responding to complaints from students, faculty, and others concerning institutions or programs under the purview of the Council, an d keep records of such complaints in order to determine the frequency and nature of complaints with respect to specific institutions of higher education. (6) Establish procedures and criterion for application by means of certification. (7) Establish proced ures for conducting periodical asse ssments on each certified institution to determine ifsuch is in compliance with this Chapter. The Council may extend an annual orprovisional certification ifa good faith effort has been made by the institution.

each certified institution to determine ifsuch is in compliance with this Chapter. The Council may extend an annual orprovisional certification ifa good faith effort has been made by the institution. The C ouncil shall determine what constitutes compliance ora good faith effort and mayadopt rules to administer this provision. (8) Develop minimum standards by which to evaluate institutions for certification. These standards must include, at least the institution’s name, financial stability, purpose, administrative COL 11060917GCA EDUCATION CH.44PRIVATE POST-SECONDARY INSTITUTIONS 7organization, admission and recruitment, education programs and curricula, retention, completion, career placement, faculty, learning resources, student personnel services, physical plant and faci lities, publications, and disclosure statements about the status of the institution with respect to professional certification and licensure. The Council mayadopt rules to ensure that institutions certified under this Chapter meet these standards in ways that are appropriate to achieve the stated intent of this Chapter, including provisions for nontraditional ordistance education programs and delivery.

under this Chapter meet these standards in ways that are appropriate to achieve the stated intent of this Chapter, including provisions for nontraditional ordistance education programs and delivery. (9) Establish rules to ensure the protection of students, including rules establishing fair consumer pr actices pursuant to §44106 of this Chapter. (10) Establish rules to protect students from the detriment caused bycertified institutions that cease operation without providing for proper completion of student training orfor the appropriate refund of stude nt fees. Rules may be established to exercise control over student records upon closure of a certified institution ifthe institution does not provide an orderly closure. (11) Recognize an institution based on the institution’s highest educational offerin g and shall adopt rules for certification that include reporting requirements for each level of certification. (12) Serve as a central body for collecting and distributing current information regarding institutions certified by the Council. (13) Make rules for its own governance. All rules, regulations, and fees established by the Council as necessary to implement the provisions of

mation regarding institutions certified by the Council. (13) Make rules for its own governance. All rules, regulations, and fees established by the Council as necessary to implement the provisions of this Chapter shall be subject to Chapter 9 of Title 5 of the Guam Code Annotated (the Administrative Adjudication Law). The Co uncil in its entirety is subject to all laws applicable on Guam to include, Chapters 8 and 10 of Title 5 of the Guam Code Annotated (the Open Government Law and the Freedom of Information Act Law, respectively). (b) The Council may:COL 11060917GCA EDUCATION CH.44PRIVATE POST-SECONDARY INSTITUTIONS 8(1) appoint standing orspecial committees to assist it in carrying out its responsibilities. Committees may include members who are not Council members orrepresentatives of certified post -secondary institutions. (2) sue orbesued. (3) advise I Maga’lahen and I Liheslatura onissues relating to private post -secondary education; (4) assist private post -secondary institutions in formulating articulation agreements with public and other independent institutions. (5) establish fees for the following: (i) Application for Certificat ion.

t private post -secondary institutions in formulating articulation agreements with public and other independent institutions. (5) establish fees for the following: (i) Application for Certificat ion. (ii) Application for Renewal of Certification. (iii) Late fees for an institution’s failure to timely submit required materials. (6) Take such legal action as it deems necessary to cause the owners, directors, oradministrators of private post -seconda ry institutions to refrain from offering any part orall of such educational programs which the Council shall have found to be inadequate. (7) Refer matters it deems appropriate to the Office of the Attorney General for investigation and prosecution. (c) Membership. The Council shall consist of seven (7) members who are bona fide residents of the Territory of Guam. The membership shall consist of: (1) The President of the University of Guam, orhis appointed designee; (2) The President of the Guam Communit y College, orhis appointed designee; (3) The Superintendent of the Department of Education , orhis appointed designee; (4) The Director of the Department of Labor, orhis appointed designee; (5) A Chairman appointed by I Maga’lahen Guåhan

3) The Superintendent of the Department of Education , orhis appointed designee; (4) The Director of the Department of Labor, orhis appointed designee; (5) A Chairman appointed by I Maga’lahen Guåhan , with the COL 11060917GCA EDUCATION CH.44PRIVATE POST-SECONDARY INSTITUTIONS 9advice and consent of I Liheslaturan Guåhan ; and (6) Two (2) at -large members appointed by I Maga’lahen Guåhan , with the advice and consent of I Liheslaturan Guåhan , with backgrounds in education and business, respectively, who are not affiliated with any insti tution of higher education. (i) Members appointed by I Maga’lahen shall serve for a term of three (3) years and until their successors are appointed and confirmed. Such members shall not be required to submit courtesy resignations should there be a change in administration. Should a vacancy occur before the expiration of a term, I Maga’lahen shall appoint a successor to serve the unexpired portion of the term. Designees appointed by the President of the University of Guam, the President of the Guam Commu nity College, the Superintendent of the Department of Education , and/or the Director of the Department of Labor shall serve a term as

ident of the University of Guam, the President of the Guam Commu nity College, the Superintendent of the Department of Education , and/or the Director of the Department of Labor shall serve a term as designated by their appointing authority. (ii) Members appointed by I Maga’lahi shall receive a stipend of Fifty Dollars ( $50) per official meeting. (d)Meetings. The Council shall determine the time and place of Council meetings which shall not be fewer than four (4) times in each calendar year. Five (5) members shall constitute a quorum and all actions, with the exception of those regarding the operating procedures of the Council, shall be adopted according to the affirmative vote of the majority of Members present and shall be in writing. (e)Administrative Support. T he Council shall beadministratively supported by the S taff of the Guam Commission for Educator Certific ation, whose administrative office shall hereby be called, ' the Guam Certification Office '. (f)Fees. The Council shall retain all fees collected and use such fees for its operations. Fifty percent (50%) o f its fees collected shall be used for the administrative function of the Guam Certification Office.

ouncil shall retain all fees collected and use such fees for its operations. Fifty percent (50%) o f its fees collected shall be used for the administrative function of the Guam Certification Office. (g) Website. The Council shall maintain a website that shall contain rules, regulations, and fees as established and adopted by the Council pursuant to th is Chapter. The website shall also contain, but not limited to , the following: (1) procedure and application for certification;COL 11060917GCA EDUCATION CH.44PRIVATE POST-SECONDARY INSTITUTIONS 10(2) list of applications received by the Council; (3) list of rejected applications; (4) list of all actions taken by the Counci l; § 44105. Private Post -secondary Institutions: Certification. (a) Each private post -secondary institution operating within the Territory of Guam must obtain certification from the Council. (b) Each certified institution is solely responsible for notifyi ng the Council in writing of the institution’s current mailing address and the location of the institution. A certified institution’s failure to notify the Council of a change of address constitutes a violation of this paragraph, and maybedisciplined by the

ling address and the location of the institution. A certified institution’s failure to notify the Council of a change of address constitutes a violation of this paragraph, and maybedisciplined by the Council. Notwithstanding any other provision of law, service by regular mail to the last known address of record with the Council constitutes adequate and sufficient notice for any official communication to and by the Council. (c) Provisional certifi cation shall be granted to an applicant for initial certification for a period not to exceed one (1) year when the Council determines that the applicant is in substantial compliance with the standards for certification. A provisional certification granted for initial certification maybeextended for up to one (1) additional year. A certified institution that has undergone a substantive change, as defined by rule, must be granted a provisional certificate for a period of time determined by the Council, after which period the institution may apply for a different status. A provisional certificate may include conditions required by the Council, and all conditions must be met before the institution may receive a different certification status.

y for a different status. A provisional certificate may include conditions required by the Council, and all conditions must be met before the institution may receive a different certification status. (d) The Counci l shall ensure through an investigative process that applicants for certification meet the standards as defined in rule. When the investigative process is notcompleted within the time set out in rule and the Council has reason to believe that the applican t does notmeet certification standards, the Council mayissue a ninety -(90-) day certification delay, which shall be in writing and sufficient to notify the applicant of the reason for the delay. (e) All materials submitted by an institution in its appli cation for approval orin response to a request by the Council for pertinent information shall be subject to Chapter 10 of Title 5 of the Guam Code Annotated (the Freedom of Information Act) and shall be available for public inspection in COL 11060917GCA EDUCATION CH.44PRIVATE POST-SECONDARY INSTITUTIONS 11accordance with t he provisions of Guam law. § 44105.1. Private Post -secondary Institutions: Certification Period, Renewal.

on in COL 11060917GCA EDUCATION CH.44PRIVATE POST-SECONDARY INSTITUTIONS 11accordance with t he provisions of Guam law. § 44105.1. Private Post -secondary Institutions: Certification Period, Renewal. (a) An institution may notconduct a program unless specific authority is granted in its certification. (b) A certificate granted by the Council is nottransferable to another institution orto another agent, and an institution’s certificate does not transfer when the institution’s ownership changes without the approval of the Council. (c) Should a change in ownership orcontrol of a certified institut ion take place, notification must be made to the Council prior to the change. The Council shall adopt procedures for interim executive approval of a change of ownership orcontrol ifthe next scheduled meeting of the Council occurs after the scheduled dat e of the change of ownership orcontrol. (d) A private post -secondary institution oranyperson acting on behalf of such an institution may notpublish any advertisement soliciting students oroffering credential before the institution is duly certified by the Council orwhile the institution ifunder an injunction against operating, soliciting

publish any advertisement soliciting students oroffering credential before the institution is duly certified by the Council orwhile the institution ifunder an injunction against operating, soliciting students, oroffering and educational credential. (e) The Council shall have the power to inspect, in a lawful manner at all reasonable hours, any applicant for cert ification orcertified private post - secondary institution. (f) A certified private post -secondary institution that seeks to expand ormodify its programs ordegrees to be conferred orto add new locations must seek prior approval from the Council. (g) The Council may notgrant orrenew a certificate unless the institution seeking the action provides the Council with a sworn statement of compliance with rules regarding fair consumer practices. § 44105.2. Private Post -secondary Institutions: Institutional Cl osings. At least thirty (30) days prior to closing an institution, its owners, directors, oradministrators shall notify the Council in writing of the closure of the institution. An owner, director, or administrator who violates this provision, or who fai ls to organize the orderly closure of the institution commits a

the Council in writing of the closure of the institution. An owner, director, or administrator who violates this provision, or who fai ls to organize the orderly closure of the institution commits a misdemeanor of the second degree. The Council may exercise control over student records upon closure of a certified institution if the COL 11060917GCA EDUCATION CH.44PRIVATE POST-SECONDARY INSTITUTIONS 12institution does not provide an orderly closure. The Cou ncil mayrequire the institution to convey all student records to the Council office oranother location designated by the Council and shall make copies of records available to bankruptcy trustees upon request and to the student or those designated by the student. Confidentiality of the records shall be maintained to the extent required by law. The Council m ay seek civil penalties not to exceed Ten Thousand Dollars ($10,000) from any owner, director, oradministrator of an institution who knowingly destro ys abandons, orfails to convey orprovide for the safekeeping of institutional and student records. § 44106. Fair Consumer Practices.

, director, oradministrator of an institution who knowingly destro ys abandons, orfails to convey orprovide for the safekeeping of institutional and student records. § 44106. Fair Consumer Practices. Every institution that is under the jurisdiction of the Council oris exempt from the jurisdiction or purview of the Council pursuant to §44103 of this Chapter and that either directly orindirectly solicit for enrollment of any student shall : (a) disclose to each prospective student a statement of the purpose of such institution, its educational programs and curricula, a description of its physical facilities, its status regarding certification, its fee schedule and policies regarding retaining student fees ifa student withdraws, and a statement regarding the transferability of credits to and from other institutions. E very institution, private and public, shall make the required disclosures in writing at least one (1) week prior to enrollment orcollection of any tuition from the prospective student. The required disclosures may be made in the institution's current cat alog; (b) use a reliable method to assess, before accepting a student into a program, the student's ability to

ospective student. The required disclosures may be made in the institution's current cat alog; (b) use a reliable method to assess, before accepting a student into a program, the student's ability to complete successfully the course of study for which he orshe has applied; (c) inform each student accurately about financial assistance and obligations for repayment of loans; describe any employment placement services provided and the limitations thereof; and refrain from promising orimplying guaranteed placement, m arket availability, orsalary amounts; (d) provide to prospective and enrolled students accurate information regarding the relationship of its programs to state certification requirements for practicing related occupations and COL 11060917GCA EDUCATION CH.44PRIVATE POST-SECONDARY INSTITUTIONS 13professions in Guam; (e) ensure that all advertisements are accurate and notmisleading; (f) publish and fo llow an equitable prorated refund policy for all students, and follow both the federal refund guidelines for students receiving federal financial assistance and the minimum refund guidelines set by Council rule; (g) follow the requirements of Guam and fede ral laws that re

the federal refund guidelines for students receiving federal financial assistance and the minimum refund guidelines set by Council rule; (g) follow the requirements of Guam and fede ral laws that re quire annual reporting with respect to crime statistics and physical plant safety and make those reports available to the public; and (h) publish and follow procedures for handling student complaints, disciplinary actions, and appeals. Inaddition, institutions that are required to be certified by the Council shall disclose to prospective students that additional information regarding the institution may be obtained by contacting the Council on Post -secondary Institution Certification. § 44107. Violations and Penalties. (a) Each of the following acts constitutes a misdemeanor in the second degree: (1) Operating a private post -secondary institution without a valid, active certificate issued pursuant to this Chapter. (2) Obtaining orattempt ing to obtain a certificate to operate an institution by fraudulent misrepresentation. (3) Using orattempting to use a certificate that has been suspended orrevoked.

Chapter. (2) Obtaining orattempt ing to obtain a certificate to operate an institution by fraudulent misrepresentation. (3) Using orattempting to use a certificate that has been suspended orrevoked. (4) Falsifying orattempting to falsify ordestroying orattempting to destroy school orother business records relating to the operation of the school with the intent to defraud. (b) Each of the following acts constitutes a misdemeanor in the third degree: (1) Knowingly concealing information relating to violations of this Chapter. (2) Willf ully making any false oath oraffirmation when required to make an oath oraffirmation pursuant to this Chapter.COL 11060917GCA EDUCATION CH.44PRIVATE POST-SECONDARY INSTITUTIONS 14(c) Each degree, diploma, certificate, program, orcourse of study offered orconferred in violation of this Chapter shall constitute a separat e offense. (d) A student injured by a violation of this Chapter may bring an ac tion against the owner, director, oradministrator of a certified private post - secondary institution for actual damages. A court may, in its discretion, award reasonable attorn ey’s fees to the prevailing plaintiff. § 44108. Severability.

nistrator of a certified private post - secondary institution for actual damages. A court may, in its discretion, award reasonable attorn ey’s fees to the prevailing plaintiff. § 44108. Severability. Ifany provision of this Law or its application to any person or circumstance is found to be invalid or contrary to law, such invalidity shall notaffect other provisions or applications of t his Law which can be given effect without the invalid provisions or application, and to this end the provisions of this Law are severable. ----------