Current through Register Vol. 35, No. 6, March 26, 2024
The department shall regulate the use of deceptive and
misleading materials and information. An institution shall not disseminate
material or information that is deceptive, misleading or untrue. The
institution shall certify compliance with all laws and regulations related to
materials and information. The department may request copies of publications,
advertisements, agreements, marketing collateral, or contracts in order to
regulate the use of deceptive and misleading information. All materials and
information shall comply with the following requirements:
A. Representation of accreditation and state
authorization status:
(1) An institution may
not make claims to or advertise an accreditation status if the accrediting
agency is not recognized by the U.S. department of education.
(2) An institution not accredited by a U.S.
department of education recognized accreditor shall clearly state that the
institution is not accredited.
(3)
An institution registered by the department may not use terms such as
"accredited," "endorsed," or "recommended" in reference to its approval by the
department.
B.
Information provided to students: Information shall be provided to students
prior to their signing an enrollment agreement and the institution shall make
reasonable effort to assure and verify that each student understands their
academic and financial obligations prior to enrolling in the institution and
maintain records of the institution's effort for at least five years after the
students enroll at the institution. An institution shall publish and make
available to all students a catalog or other materials that clearly describe:
(1) admission policies and procedures that
provide criteria and methods used to assess and admit or deny
admission;
(2) admission methods
and criteria used to assess student ability to complete program
requirement;
(3) programs offered,
the program completion requirements of each program offered, and descriptions
of all courses offered;
(4)
requirements and costs for those occupations that require professional or trade
licensure and for which the institution is offering preparation;
(5) tuition, fees, books and supplies,
including cost for rental or purchase of equipment or materials required of all
students;
(6) room, board and
transportation expenses incurred by a student;
(7) reasonable costs associated with a
program of study abroad approved for credit by a student's home institution, if
applicable;
(8) expenses related to
a student's disability, including special services, personal assistance,
transportation, equipment and supplies;
(9) refund policies, consistent with the
requirements in Subsection C of
5.100.7.10
NMAC;
(10) types of financial aid
available to students and the procedure for applying for such aid;
(11) the institution's policy regarding
program or course cancellations;
(12) rules and regulations pertaining to
academic progress;
(13) rules and
regulations pertaining to student conduct;
(14) the procedure to be followed in the
instance that a student decides to withdraw from the institution prior to
completing a program;
(15) the
institution's policy regarding student complaints and the resources available
to students for resolving differences with the institution. The institution
must adopt the student complaint process established by the department and
published by the department; and
(16) the institution's policy regarding
release of transcripts.
C. Advertising, marketing, promotional
materials and recruitment: All advertisements and promotional literature must
be truthful regarding the content of an institution's educational program(s),
the duration of the program(s), student attributes and skills needed for
successful completion of the program(s), and costs of the program(s). An
institution shall use no advertisements or promotional materials that are
false, deceptive, inaccurate, or misleading. Materials must comply with all of
the following regulations:
(1) Advertisements
and promotional literature shall not contain promises of job placement or
employment, either explicitly or implicitly, but may refer to an institution's
services to assist students in obtaining employment.
(2) Advertisements shall clearly indicate by
their content and location in media that the institution is offering education
or training and may not either explicitly or implicitly suggest that the
institution is offering employment.
(3) An institution advertising salary ranges
or averages for its graduates must have on file and available to inspection by
students, the department, or their representatives current and accurate data
that includes New Mexico employers and that validates such claims.
(4) An institution shall not advertise the
transferability of its courses or programs to another institution unless it has
signed transfer or articulation agreements with that institution.
(5) An institution shall not include in its
advertising or promotional materials any photograph or other illustration of
facilities unless those facilities serve predominantly as sites of instruction
or related activities provided by the institution, either in New Mexico or in
other states. Photographs or other illustrations must accurately depict the
size and condition of any facilities or equipment illustrated.
(6) No person shall for a fee solicit
enrollment at an institution who is not employed by and under supervision of
the institution. The institution shall be responsible for the representations
of its employees.
(7) Prospective
students shall not be solicited by any representative of an institution on the
sites of any government agency such as motor vehicle registration offices,
unemployment offices, or public assistance offices. However, leaflets or other
promotional material may be made available at such sites.
(8) Prospective students shall not be
solicited by any representative of an institution on the site of any public
school, except at the invitation of school personnel. No institution shall
offer or provide financial inducement to any public school in return for
permission to solicit students.
(9)
No institution shall solicit the enrollment of any student who is currently
attending another institution in New Mexico by using any inducement of greater
financial assistance in meeting the costs of education.
(10) On all materials, an institution shall
use the full name in which it is registered and list any other names in which
the institution holds other government registrations. Permutations of its name,
e.g., initials, or shortened name or nicknames, cannot be employed without
prior written permission of the department.
(11) On all materials, the name of an
institution shall not be misleading.
