Sec. 10a-22a. (Formerly Sec. 10-7a). Private occupational schools. Definitions.
Sec. 10a-22i. (Formerly Sec. 10-7j). Administrative penalty.
Sec. 10a-22j. (Formerly Sec. 10-7k). Court orders to prevent violations.
Sec. 10a-26a. Waiver of tuition and fees for College Connections program.
Sec. 10a-29. (Formerly Sec. 10-329e). Determination of student status.
Sec. 10a-34a. Conferment of degrees without authority. Penalty.
Sec. 10a-34b. Injunctive relief.
Sec. 10a-44d. Connecticut Open Educational Resource Coordinating Council. Members. Duties. Reports.
Sec. 10a-55a. Uniform campus crime reports. Emergency response plans.
Sec. 10a-55g. Publication of career ladder in green technology industry.
Sec. 10a-55t. Policy re availability and use of opioid antagonists on campus required.
Sec. 10a-11f. FAFSA Month. The month of December in each year shall be known as “FAFSA Month”. On or before December 1, 2019, the Board of Regents for Higher Education shall implement a program to host events for high school seniors and their families in each region of the state throughout the month of December in each year. During such events the board shall provide assistance to the high school seniors and their families in completing the Free Application for Federal Student Aid with the goal of increasing the number of such applications made by state residents each year.
(P.A. 19-117, S. 363.)
History: P.A. 19-117 effective July 1, 2019.
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Sec. 10a-22a. (Formerly Sec. 10-7a). Private occupational schools. Definitions. As used in sections 10a-22a to 10a-22y, inclusive:
(1) “Private occupational school” means a postsecondary career school operated by a person, board, association, partnership, corporation, limited liability company or other entity offering or advertising vocational instruction in any form or manner in any trade, industrial, commercial, service, professional or other occupation for any remuneration, consideration, reward or fee of whatever nature, including, but not limited to, a hospital-based occupational school, or any program, school or entity offering postsecondary instruction in barbering, hairdressing and cosmetology or the occupation of esthetician, nail technician or eyelash technician, as such terms are defined in section 20-265a. “Private occupational school” does not include (A) instruction offered under public supervision and control, (B) instruction conducted by a firm or organization solely for the training of its own employees or members, (C) instruction offered by a school authorized by the General Assembly to confer degrees, or (D) instruction offered in the arts or recreation, including, but not limited to, the training of students to provide such instruction;
(2) “Additional classroom site” means a facility that (A) is geographically located close to the school or branch that oversees the site, such that students must utilize services provided at such school or branch, (B) conducts permanent or temporary educational activities, and (C) offers courses or full programs of study;
(3) “Branch” means a subdivision of a school (A) located at a different facility and geographical site from the school, except for a site that is an additional classroom site as determined by the executive director, or the executive director's designee, and (B) that (i) offers one or more complete programs leading to a diploma or certificate; (ii) operates under the school's certificate of operation; (iii) meets the same conditions of authorization as the school; and (iv) exercises administrative control and is responsible for its own academic affairs;
(4) “Executive director” means the executive director of the Office of Higher Education; and
(5) “Postsecondary career school” means an institution authorized to operate educational programs beyond secondary education.
(P.A. 79-380, S. 1; P.A. 83-501, S. 1, 12; P.A. 93-294, S. 1, 17; P.A. 95-79, S. 19, 189; P.A. 06-150, S. 1; P.A. 11-48, S. 232; P.A. 12-156, S. 22; P.A. 16-44, S. 1; 16-155, S. 1; P.A. 17-139, S. 1; P.A. 19-117, S. 206.)
History: P.A. 83-501 clarified definition of “private occupational school” to mean a “person, board, association, partnership, corporation or other entity” rather than a “school” offering instruction; P.A. 93-294 made technical changes, effective July 1, 1993; Sec. 10-7a transferred to Sec. 10a-22a in 1995; P.A. 95-79 redefined “private occupational school” to include limited liability companies, effective May 31, 1995 (Revisor's note: The Revisors editorially placed quotation marks around the term “private occupational school” in the exception); P.A. 06-150 redefined “private occupational school” to include “professional or other” occupation, made conforming and technical changes and defined “additional classroom site”, “Board of Governors”, “branch” and “commissioner” (Revisor's note: In 2009, a reference to “Board of Governors for Higher Education” in Subdiv. (3) was changed editorially by the Revisors to “Board of Governors of Higher Education” for accuracy); P.A. 11-48 amended Subdiv. (3) to replace definition of “Board of Governors” with definition of “board”, amended Subdiv. (4) to replace “commissioner” with “executive director” and amended Subdiv. (5) to replace definition of “commissioner” with definition of “executive director”, effective July 1, 2011; P.A. 12-156 added reference to Secs. 10a-22p to 10a-22y, deleted former Subdiv. (3) re definition of “board”, redesignated existing Subdivs. (4) and (5) as Subdivs. (3) and (4) and redefined “executive director” in redesignated Subdiv. (4), effective June 15, 2012; P.A. 16-44 redefined “private occupational school” in Subdiv. (1), effective July 1, 2016; P.A. 16-155 redefined “private occupational school” in Subdiv. (1) and added Subdiv. (5) defining “postsecondary career school”, effective July 1, 2016; P.A. 17-139 redefined “private occupational school” in Subdiv. (1), effective July 1, 2017; P.A. 19-117 amended Subdiv. (1) by adding reference to cosmetology and occupations of esthetician, nail technician and eyelash technician, effective January 1, 2020.
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Sec. 10a-22i. (Formerly Sec. 10-7j). Administrative penalty. (a) The executive director may assess any person, board, partnership, association, corporation, limited liability company or other entity which violates any provision of sections 10a-22a to 10a-22p, inclusive, sections 10a-22u to 10a-22w, inclusive, or regulations adopted pursuant to section 10a-22k an administrative penalty in an amount not to exceed five hundred dollars for each day of such violation.
(b) The executive director shall serve written notice upon a private occupational school when the assessment of such an administrative penalty is under consideration. The notice shall set forth the reasons for the assessment of the penalty. Not later than forty-five days after mailing such notice to the private occupational school, the executive director, or the executive director's designee, shall hold a compliance conference with the private occupational school.
(c) If, after the compliance conference, the executive director determines that imposition of an administrative penalty is appropriate, the executive director shall issue an order and serve written notice by certified mail, return receipt requested upon the private occupational school.
(d) A private occupational school aggrieved by the order of the executive director imposing an administrative penalty pursuant to subsection (c) of this section shall, not later than fifteen days after such order is mailed, request in writing a hearing before the executive director. Such hearing shall be held in accordance with the provisions of chapter 54.
(P.A. 79-380, S. 10; P.A. 84-176, S. 2, 5; P.A. 86-48, S. 3, 5; P.A. 90-198, S. 2, 5; P.A. 93-294, S. 9, 17; P.A. 06-150, S. 9; P.A. 09-99, S. 7; 09-116, S. 1; P.A. 12-156, S. 29; P.A. 19-87, S. 6.)
History: P.A. 84-176 amended section inserting references to Secs. 10-7f to 10-7l, inclusive, and clarifying that the penalty to be assessed is an administrative penalty; P.A. 86-48 added Subsec. (a) designation and substituted “commissioner” for “state board” in Subsec. (a) and added Subsec. (b) re procedures for assessing the penalty and for appeal; P.A. 90-198 in Subsec. (b) increased the number of days for completion of an administrative review from 21 to 45; P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of schools from the department of education to the department of higher education, effective July 1, 1993; Sec. 10-7j transferred to Sec. 10a-22i in 1995; P.A. 06-150 amended Subsec. (a) to make conforming changes and include limited liability companies as entities subject to administrative penalty, amended Subsec. (b) to insert “an administrative”, delete provisions re process for administrative review and hearing and add provision requiring compliance conference not later than 45 days after mailing of notice of consideration of administrative penalty, added Subsec. (c) re imposition of administrative penalty after compliance conference and added Subsec. (d) permitting aggrieved school to request hearing before Board of Governors; P.A. 09-99 amended Subsec. (d) by replacing “Board of Governors” with “commissioner”; P.A. 09-116 amended Subsec. (a) by permitting assessment of administrative penalty for violation of regulations adopted pursuant to Sec. 10a-22k; P.A. 12-156 replaced references to commissioner with references to executive director, effective June 15, 2012; P.A. 19-87 amended Subsec. (a) by adding reference to Sec. 10a-22p, effective July 1, 2019.
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Sec. 10a-22j. (Formerly Sec. 10-7k). Court orders to prevent violations. The executive director, through the Attorney General, may seek an order from the Superior Court to prevent any violation of sections 10a-22a to 10a-22p, inclusive, or sections 10a-22u to 10a-22w, inclusive.
(P.A. 79-380, S. 11; P.A. 93-294, S. 10, 17; P.A. 06-150, S. 10; P.A. 12-156, S. 30; P.A. 19-87, S. 7.)
History: P.A. 93-294 made changes necessitated by the transfer of authority for the authorization of the schools from the department of education to the department of higher education, effective July 1, 1993; Sec. 10-7k transferred to Sec. 10a-22j in 1995; P.A. 06-150 authorized Commissioner of Higher Education, rather than Board of Governors, to prevent violation of specified sections by seeking order from Superior Court through the Attorney General, made technical and conforming changes and deleted provision re injunction in accordance with chapter 916; P.A. 12-156 replaced “commissioner” with “executive director”, effective June 15, 2012; P.A. 19-87 added reference to Sec. 10a-22p, effective July 1, 2019.
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Sec. 10a-22o. Enforcement of orders issued by executive director. Investigations by executive director. (a) The executive director, through the Attorney General, may petition the superior court for the judicial district of Hartford for the enforcement of any order issued by the executive director, and for other appropriate relief. The court may issue such orders as are appropriate to aid in enforcement.
(b) The executive director, or the executive director's designee, may conduct any necessary review, inspection or investigation regarding applications for certificates of authorization or possible violations of sections 10a-22a to 10a-22p, inclusive, or any applicable regulations of Connecticut state agencies. In connection with any investigation, the executive director or the executive director's designee, may administer oaths, issue subpoenas, compel testimony and order the production of any record or document. If any person refuses to appear, testify or produce any record or document when so ordered, the executive director may seek relief pursuant to subsection (a) of this section.
(P.A. 06-150, S. 13, 16; P.A. 09-99, S. 8; P.A. 12-156, S. 34; P.A. 19-87, S. 8.)
History: P.A. 09-99 amended Subsec. (a) by deleting “Board of Governors”; P.A. 12-156 replaced references to commissioner with references to executive director, effective June 15, 2012; P.A. 19-87 amended Subsec. (b) by adding reference to Sec. 10a-22p, effective July 1, 2019.
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Sec. 10a-22p. Disclosure of claim limitation clause in enrollment contracts by private occupational schools. (a) On and after January 1, 2020, any private occupational school, as defined in section 10a-22a, that requires any student, as a condition of enrollment, to enter into an agreement that (1) limits participation in a class action against such school, (2) limits any claim the student may have against such school or the damages for such claim, or (3) requires the student to assert any claim against such school in a forum that is less convenient, more costly or more dilatory for the resolution of a dispute than a judicial forum established in the state where the student may otherwise properly bring a claim, shall include in its application to the Office of Higher Education for initial or renewed certificate of authorization pursuant to sections 10a-22b and 10a-22d, a statement (A) disclosing the number of claims made against the school, including claims made against a parent organization or subsidiary of the school, by a student currently or formerly enrolled at the school, (B) describing the nature of the rights asserted, and (C) updating the status of such claims. The school shall submit additional details regarding such claims as the executive director of the Office of Higher Education may require.
(b) The executive director of the Office of Higher Education may deny the application for initial or renewed certificate of authorization of a private occupational school or consider a private occupational school ineligible to receive any public funds, including, but not limited to, federal funds administered by the office pursuant to section 10a-45 if (1) such school fails to include the statement required under subsection (a) of this section in its application, or (2) upon review of such statement, the executive director determines that the public policy of protecting the interests of students in the state requires such denial.
(c) The executive director of the Office of Higher Education shall have the authority granted under sections 10a-22i, 10a-22j and 10a-22o to investigate and enforce the provisions of subsections (a) and (b) of this section.
(P.A. 19-87, S. 2.)
History: P.A. 19-87 effective July 1, 2019.
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Sec. 10a-26a. Waiver of tuition and fees for College Connections program. For the fiscal year ending June 30, 2020, and each fiscal year thereafter, the Board of Regents for Higher Education shall waive tuition and fees for students enrolled at Ansonia High School who participate in the College Connections program at Derby High School in an amount equal to the appropriation for such purpose.
(P.A. 19-117, S. 67.)
History: P.A. 19-117 effective June 26, 2019.
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Sec. 10a-29. (Formerly Sec. 10-329e). Determination of student status. The following shall determine the status of a student:
(1) Every person having his domicile in this state shall be entitled to classification as an in-state student for tuition purposes. Except as otherwise provided in this part, no person having his domicile outside of this state shall be eligible for classification as an in-state student for tuition purposes;
(2) The domicile of an unemancipated person is that of his parent;
(3) Upon moving to this state, an emancipated person employed full-time who provides evidence of domicile may apply for in-state classification for such person's spouse and unemancipated children after six consecutive months of residency and, provided such person is not himself or herself in this state primarily as a full-time student, such person's spouse and unemancipated children may at once be so classified, and may continue to be so classified as long as such person continues such person's domicile in this state;
(4) Any unemancipated person who remains in this state when such person's parent, having theretofore been domiciled in this state, removes from this state, shall be entitled to classification as an in-state student until attainment of the degree for which such person is currently enrolled, as long as such person's attendance at a school or schools in this state shall be continuous;
(5) The spouse of any person who is classified or is eligible for classification as an in-state student shall likewise be entitled to classification as an in-state student;
(6) (A) A member of the armed forces who is stationed in this state pursuant to military orders shall be entitled to classification as an in-state student.
(B) The spouse of any person who is a member of the armed forces and stationed in this state pursuant to military orders shall be entitled to classification as an in-state student. The spouse, while in residence after the spouse's acceptance for matriculation at a constituent unit of the state system of higher education in a course of study leading to an associate, bachelor or advanced degree, shall not lose classification as an in-state student if the member of the armed forces is thereafter transferred on military orders;
(7) An unemancipated person whose parent is a member of the armed forces and stationed in this state pursuant to military orders shall be entitled to classification as an in-state student. The student, (A) while in continuous attendance toward the degree for which the student is currently enrolled, or (B) while in residence after his or her acceptance for matriculation at a constituent unit of the state system of higher education in a course of study leading to an associate, bachelor or advanced degree, shall not lose classification as an in-state student if his or her parent is thereafter transferred on military orders;
(8) A student that is from another state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico shall be classified as an in-state student, if such student (A) attended for three years and graduated from a high school in this state, and (B) was sponsored, housed and supported during attendance at such school by a program, such as the “A Better Chance” program, established as a nonprofit organization that raises charitable funds on the local level for the purpose of giving students who are minority students, from single parent homes or live in poverty, an opportunity to attend school in a different environment. For purposes of this subdivision, “minority student” means a student whose racial ancestry is defined as other than white by the Bureau of Census of the United States Department of Commerce; and
(9) In accordance with 8 USC 1621(d), a person, other than a nonimmigrant alien as described in 8 USC 1101(a)(15)(A) to 8 USC 1101(a)(15)(S), inclusive, and 8 USC 1101(a)(15)(V), shall be entitled to classification as an in-state student for tuition purposes, (A) if such person (i) resides in this state, (ii) attended any educational institution in this state and completed at least two years of high school level education in this state, (iii) graduated from a high school in this state, or the equivalent thereof, and (iv) is registered as an entering student, or is enrolled at a public institution of higher education in this state, and (B) if such person is without legal immigration status, such person files an affidavit with such institution of higher education stating that he or she has filed an application to legalize his or her immigration status, or will file such an application as soon as he or she is eligible to do so.
(P.A. 73-474, S. 3, 9; P.A. 05-110, S. 1; P.A. 06-135, S. 6; 06-196, S. 68; P.A. 11-43, S. 1; P.A. 15-82, S. 1; P.A. 19-172, S. 1.)
History: Sec. 10-329e transferred to Sec. 10a-29 in 1983 pursuant to reorganization of higher education system; P.A. 05-110 added new Subdiv. (6) re member of armed forces stationed in this state and redesignated existing Subdiv. (6) as Subdiv. (7), effective July 1, 2005; P.A. 06-135 added Subdiv. (8) re “A Better Chance” program students, effective July 1, 2006; P.A. 06-196 made technical changes in Subdivs. (3) and (4), effective June 7, 2006; P.A. 11-43 added Subdiv. (9) re status of persons, including those without legal immigration status, who reside in this state, attended any educational institution and completed at least 4 years of high school in this state, graduated from a high school in this state and are registered at or enrolled in a public institution of higher education in this state, effective July 1, 2011; P.A. 15-82 amended Subdiv. (9) to replace reference to 8 USC 1101(a)(15) with reference to 8 USC 1101(a)(15)(A) to 8 USC 1101(a)(15)(S), inclusive, and 8 USC 1101(a)(15)(V) and to change high school requirement from 4 years to 2 years, effective July 1, 2015; P.A. 19-172 amended Subdiv. (6) by designating existing provisions re member of armed forces who is stationed in state pursuant to military orders entitled to classification as in-state student as Subpara. (A), and adding Subpara. (B) re spouse of member of armed forces stationed in state pursuant to military orders entitled to classification as in-state student, amended Subdiv. (7) by designating existing provisions re continuous attendance toward degree as Subpara. (A), adding Subpara. (B) re student in residence after acceptance for matriculation at constituent unit of state system of higher education in course of study leading to degree, and made technical changes.
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Sec. 10a-34. (Formerly Sec. 10-330). Licensure or accreditation of programs of higher learning or institutions of higher education. Authority to confer degrees. Review of requests and applications. Appeal of denials. (a) For the purposes of this section, (1) “program of higher learning” means any course of instruction for which it is stated or implied that college or university-level credit may be given or may be received by transfer; (2) “degree” means any letters or words, diploma, certificate or other symbol or document which signifies satisfactory completion of the requirements of a program of higher learning; (3) “institution of higher education” means any person, school, board, association, limited liability company or corporation which is licensed or accredited to offer one or more programs of higher learning leading to one or more degrees; (4) “license” means the authorization by the Office of Higher Education to operate a program of higher learning or institution of higher education for a specified initial period; (5) “accreditation” means the authorization by said office to continue operating a program of higher learning or institution of higher education for subsequent periods, and in such periods to confer specified degrees; (6) “program modification” means (A) a change in a program of higher learning that does not clearly qualify as a new program of higher learning or a nonsubstantive change, including, but not limited to, a new program of higher learning consisting primarily of course work for a previously approved program of higher learning, (B) an approved program of higher learning to be offered at an off-campus location, (C) a change in the title of a degree, or (D) a change in the title of a program of higher learning; and (7) “nonsubstantive change” means (A) a new undergraduate certificate program, within an existing program of higher learning, of not more than thirty semester credit hours that falls under an approved program of higher learning, (B) a new baccalaureate minor of not more than eighteen semester credit hours, (C) a new undergraduate option or certificate program of not more than fifteen semester credit hours, or (D) a new graduate option or certificate program of not more than twelve semester credit hours.
(b) The Office of Higher Education shall establish regulations, in accordance with chapter 54, concerning the requirements for licensure and accreditation, such regulations to concern administration, finance, faculty, curricula, library, student admission and graduation, plant and equipment, records, catalogs, program announcements and any other criteria pertinent thereto, as well as the periods for which licensure and accreditation may be granted, and the costs and procedures of evaluations as provided in subsections (c), (d) and (i) of this section. Said office shall establish academic review commissions to hear each appeal of a denial by said office of an application by an institution of higher education for licensure or accreditation of a program of higher learning or institution of higher education. For each individual appeal, the executive director of said office, or the executive director's designee, shall select a commission that is comprised of four higher education representatives and five business and industry representatives chosen from a panel of thirty-five members, who shall be appointed as follows: (1) The Governor shall appoint five members; (2) the speaker of the House of Representatives shall appoint five members; (3) the president pro tempore of the Senate shall appoint five members; (4) the majority leader of the House of Representatives shall appoint five members; (5) the majority leader of the Senate shall appoint five members; (6) the minority leader of the House of Representatives shall appoint five members; and (7) the minority leader of the Senate shall appoint five members. The executive director of said office, or the executive director's designee, shall ensure that each commission contains at least one member appointed by each of the appointing authorities. Each appointing authority shall select both higher education representatives and business and industry representatives, but not more than three from either category of representatives.
(c) No person, school, board, association or corporation shall confer any degree unless authorized by act of the General Assembly. No application for authority to confer any such degree shall be approved by the General Assembly or any committee thereof, nor shall any such authority be included in any charter of incorporation until such application has been evaluated and approved by the Office of Higher Education in accordance with regulations established by the Office of Higher Education.
(d) The Office of Higher Education shall review all requests and applications for program modifications, nonsubstantive changes, licensure and accreditation. The office shall review each application in consideration of the academic standards set forth in the regulations for licensure and accreditation adopted by said office in accordance with the provisions of subsection (b) of this section. Notwithstanding the provisions of section 10a-34e, any application that is determined by the office to be for (1) a program modification that meets all such academic standards, (2) a nonsubstantive change, (3) licensure, or (4) accreditation shall be deemed approved, and the office shall notify the institution of such approval, not later than forty-five days from the date the office receives such application without requiring any further action from the applicant.
(e) If the executive director of the Office of Higher Education, or the executive director's designee, determines that further review of an application is needed due at least in part to the applicant offering instruction in a new program of higher learning or new degree level, then the executive director or the executive director's designee shall conduct a focused or on-site review. Such applicant shall have an opportunity to state any objection regarding any individual selected to review an application on behalf of the executive director. For purposes of this subsection, “focused review” means a review by an out-of-state curriculum expert; and “on-site review” means a full team evaluation by the office at the institution of higher education.
(f) The executive director of the Office of Higher Education, or the executive director's designee, may require (1) a focused or on-site review of any program application in a field requiring a license to practice in Connecticut, and (2) evidence that a program application in a field requiring a license to practice in Connecticut meets the state or federal licensing requirements for such license.
(g) Any application for licensure of a new institution in this state shall be subject to an on-site review upon a determination by the Office of Higher Education that the application is complete and shall be reviewed at the institutional level for each program as described in subsection (b) of this section. Such process shall be completed not later than nine months from the date said office receives the application.
(h) If the Office of Higher Education denies an application for licensure or accreditation of a program or institution of higher education, the applicant may appeal the denial not later than ten days from the date of denial. The academic review commission shall review the appeal and make a decision on such appeal not later than thirty days from the date the applicant submits the appeal to said office.
(i) No person, school, board, association or corporation shall operate a program of higher learning or an institution of higher education unless it has been licensed or accredited by the Office of Higher Education, nor shall it confer any degree unless it has been accredited in accordance with this section. The office shall accept regional accreditation, in satisfaction of the requirements of this subsection unless the office finds cause not to rely upon such accreditation. If any institution of higher education provides evidence of programmatic accreditation, the office may consider such accreditation in satisfaction of the requirements of this subsection and deem the program at issue in the application for accreditation to be accredited in accordance with this section. National accreditation for Connecticut institutions of higher education accredited prior to July 1, 2013, shall be accepted as being in satisfaction of the requirements of this subsection unless the office finds cause not to rely on such national accreditation.
(j) No person, school, board, association or corporation shall use in any way the term “junior college” or “college” or “university” or use any other name, title, literature, catalogs, pamphlets or descriptive matter tending to designate that it is an institution of higher education, or that it may grant academic or professional degrees, unless the institution possesses a license from, or has been accredited by, the office, nor shall it offer any program of higher learning without approval of the Office of Higher Education.
(k) Accreditation of any program or institution or authority to award degrees granted in accordance with law prior to July 1, 1965, shall continue in effect.
(l) Notwithstanding the provisions of subsections (b) to (j), inclusive, of this section and subject to the authority of the State Board of Education to regulate teacher education programs, up to twelve new programs of higher learning in any academic year and any program modifications proposed by an independent institution of higher education, as defined in section 10a-173, shall not be subject to approval by the Office of Higher Education, provided (1) the institution maintains eligibility to participate in financial aid programs governed by Title IV, Part B of the Higher Education Act of 1965, as amended from time to time, (2) the United States Department of Education has not determined that the institution has a financial responsibility score that is less than 1.5 for the most recent fiscal year for which the data necessary for determining the score is available, and (3) the institution has been located in the state and accredited as a degree-granting institution in good standing for ten years or more by a regional accrediting association recognized by the Secretary of the United States Department of Education and maintains such accreditation status. Each institution that is exempt from program approval by the Office of Higher Education under this subsection shall file with the office (A) an application for approval of any new program of higher learning in excess of twelve new programs in any academic year, (B) a program actions form, as created by the office, prior to students enrolling in any new program of higher learning or any existing program subject to a program modification, and (C) not later than July first, and annually thereafter, (i) a list and brief description of any new programs of higher learning introduced by the institution in the preceding academic year and any existing programs of higher learning discontinued by the institution in the preceding academic year, (ii) the institution's current program approval process and all actions of the governing board concerning approval of any new program of higher learning, and (iii) the institution's financial responsibility composite score, as determined by the United States Department of Education, for the most recent fiscal year for which the data necessary for determining the score is available.
(February, 1965, P.A. 330, S. 13; 1967, P.A. 751, S. 12; 1969, P.A. 344; P.A. 73-408; P.A. 77-573, S. 24, 30; P.A. 82-218, S. 37, 46; P.A. 84-241, S. 2, 5; P.A. 92-126, S. 10, 48; P.A. 95-79, S. 20, 189; P.A. 07-90, S. 1; P.A. 11-48, S. 245; P.A. 12-156, S. 56; P.A. 13-118, S. 1; 13-247, S. 187; 13-261, S. 12; P.A. 16-36, S. 1; P.A. 17-56, S. 5; 17-191, S. 2; P.A. 18-33, S. 1; P.A. 19-26, S. 1.)
History: 1967 act amended Subsec. (d) to allow commission to accept regional or national accreditation; Sec. 10-6 transferred to Sec. 10-330 in 1969; 1969 act prohibited operation of program or institution of higher learning “unless it is operated on a nonprofit basis ...” in Subsec. (d); P.A. 73-408 deleted requirement that programs and institutions be operated on nonprofit basis; P.A. 77-573 replaced commission for higher education with board of higher education; P.A. 82-218 replaced board of higher education with board of governors pursuant to reorganization of higher education system, effective March 1, 1983; Sec. 10-330 transferred to Sec. 10a-34 in 1983; P.A. 84-241 added “of higher education” to board of governors' title; P.A. 92-126 amended Subsec. (d) to require the board to accept national accreditation, where appropriate, unless the board finds cause not to rely upon such accreditation; P.A. 95-79 redefined “institution of higher learning” to include a limited liability company, effective May 31, 1995; P.A. 07-90 made a technical change in Subsec. (b), deleted former Subsec. (g) re fine for violation and redesignated existing Subsec. (h) as Subsec. (g), effective January 1, 2008; P.A. 11-48 amended Subsec. (a) to replace “Board of Governors of Higher Education” with “State Board of Education”, amended Subsec. (b) to replace “Board of Governors of Higher Education” with “Office of Financial and Academic Affairs”, amended Subsec. (c) to replace “Board of Governors of Higher Education” with “State Board of Education” and “the Office of Financial and Academic Affairs for Higher Education”, and amended Subsecs. (d) and (e) to replace “Board of Governors of Higher Education” with “State Board of Education”, effective July 1, 2011; pursuant to P.A. 12-156, “Office of Financial and Academic Affairs for Higher Education” was changed editorially by the Revisors to “Office of Higher Education” in Subsecs. (b) and (c), effective June 15, 2012; P.A. 13-118 amended Subsec. (a) to add Subdiv. (1) to (5) designators, replace references to State Board of Education with references to Office of Higher Education in Subdivs. (4) and (5), make technical changes in Subdivs. (3) and (5), and add Subdivs. (6) and (7) re definitions of “program modification” and “nonsubstantive change”, amended Subsec. (b) to replace provision re advisory council for accreditation with provisions re academic review commissions and make technical changes, amended Subsec. (c) to replace “State Board of Education” with “Office of Higher Education”, added new Subsec. (d) re review of all requests and applications for program modifications, nonsubstantive changes, licensure and accreditation, added new Subsec. (e) re further review of an application, added new Subsec. (f) re focused or on-site review of any program application in a health-related field, added new Subsec. (g) re on-site review of application for licensure of a new institution, added new Subsec. (h) re denial of an application for licensure or accreditation, redesignated existing Subsec. (d) as Subsec. (i) and amended same to replace references to State Board of Education with references to Office of Higher Education, authorize Office of Higher Education to consider evidence of programmatic accreditation and accept national accreditation and make technical changes, redesignated existing Subsec. (e) as Subsec. (j) and amended same to replace references to State Board of Education with references to Office of Higher Education and make technical changes, redesignated existing Subsec. (f) as Subsec. (k), and deleted former Subsec. (g) re temporary licensure, effective July 1, 2013; P.A. 13-247 amended Subsec. (b) to change “twenty-five” to “thirty-five” re members, effective July 1, 2013; P.A. 13-261 amended Subsec. (b) to add new Subdivs. (2) and (3) re appointments for the speaker of the House of Representatives and the president pro tempore of the Senate, redesignate existing Subdivs. (2) to (5) as Subdivs. (4) to (7) and make a technical change, effective July 1, 2013; P.A. 16-36 added Subsec. (l) re new programs of higher learning and program modifications by independent institutions of higher education not subject to approval until July 1, 2018, effective July 1, 2016; P.A. 17-56 amended Subsec. (l) to make technical changes, effective June 20, 2017; P.A. 17-191 amended Subsec. (f) by designating existing provision re focused or on-site review of program application as Subdiv. (1) and amending same to replace “health-related field where a license in Connecticut is required to practice in such field” with “field requiring a license to practice in Connecticut”, and adding Subdiv. (2) re evidence that program application requiring license meets state or federal licensing requirements, effective July 1, 2017; P.A. 18-33 amended Subsec. (l) by replacing “new programs of higher learning and program modifications proposed” with “up to twelve new programs of higher learning in any academic year and any program modifications proposed”, replacing “2018” with “2020”, and substantially revising provision re exempt institutions to file with office including by adding new Subparas. (A) and (B), designating existing provisions as Subpara. (C) and redesignating existing Subparas. (A) to (C) as clauses (i) to (iii), effective July 1, 2018; P.A. 19-26 amended Subsec. (l) by deleting “until July 1, 2020,”, effective July 1, 2019.
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Sec. 10a-34a. Conferment of degrees without authority. Penalty. (a) The executive director of the Office of Higher Education may assess any person, school, board, association or corporation which violates any provision of section 10a-34, 10a-34g or10a-35 an administrative penalty in an amount not to exceed five hundred dollars for each day of such violation.
(b) (1) The executive director of the Office of Higher Education shall serve written notice upon the person, school, board, association or corporation when the assessment of such an administrative penalty is under consideration. The notice shall set forth the reasons for the assessment of the penalty.
(2) Not later than forty-five days after the executive director or the executive director's designee mails notice pursuant to subdivision (1) of this subsection to such person, school, board, association or corporation, the executive director or the executive director's designee shall hold a compliance conference with such person, school, board, association or corporation.
(c) If, after the compliance conference pursuant to subsection (b) of this section, the executive director determines that imposition of the administrative penalty is appropriate, the executive director shall issue an order and serve written notice by certified mail, return receipt requested upon the person, school, board, association or corporation.
(d) The person, school, board, association or corporation aggrieved by the order of the executive director imposing an administrative penalty pursuant to subsection (c) of this section shall, not later than fifteen days after such order is mailed, request, in writing, a hearing before the Office of Higher Education. Such hearing shall be held in accordance with the provisions of chapter 54.
(P.A. 07-90, S. 2; P.A. 11-48, S. 246; P.A. 12-156, S. 56; P.A. 13-118, S. 2; P.A. 19-87, S. 3.)
History: P.A. 07-90 effective January 1, 2008; P.A. 11-48 replaced “Commissioner of Higher Education” and “commissioner” with “executive director of the Office of Financial and Academic Affairs for Higher Education” and “executive director”, and, in Subsec. (d), replaced “Board of Governors of Higher Education” with “State Board of Education”, effective July 1, 2011; pursuant to P.A. 12-156, “Office of Financial and Academic Affairs for Higher Education” was changed editorially by the Revisors to “Office of Higher Education” in Subsecs. (a) and (b), effective June 15, 2012; P.A. 13-118 amended Subsec. (d) to replace “State Board of Education” with “Office of Higher Education”, effective July 1, 2013; P.A. 19-87 amended Subsec. (a) by adding reference to Sec. 10a-34g, effective July 1, 2019.
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Sec. 10a-34b. Injunctive relief. The executive director, through the Attorney General, may seek an order from the Superior Court to prevent any violation of sections 10a-34, 10a-34g and 10a-35 through the use of an injunction in accordance with the provisions of chapter 916.
(P.A. 07-90, S. 3; P.A. 11-48, S. 247; P.A. 19-87, S. 4.)
History: P.A. 07-90 effective January 1, 2008; P.A. 11-48 replaced “Commissioner of Higher Education” with “executive director”, effective July 1, 2011; P.A. 19-87 added reference to Sec. 10a-34g and made technical changes, effective July 1, 2019.
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Sec. 10a-34e. Review, inspection or investigation of applications for licensure or accreditation or violations. Teach-outs. (a) The Office of Higher Education may conduct any necessary review, inspection or investigation regarding applications for licensure or accreditation or possible violations of this section, sections 10a-34 to 10a-34d, inclusive, section 10a-34g or any applicable regulations of Connecticut state agencies. In connection with any investigation, the executive director or the executive director's designee, may administer oaths, issue subpoenas, compel testimony and order the production of any record or document. If any person refuses to appear, testify or produce any record or document when so ordered, the executive director may seek relief pursuant to section 10a-34d.
(b) If the executive director of the Office of Higher Education determines that an institution of higher education that is not regionally accredited is exhibiting financial and administrative indicators that such institution is in danger of closing, the executive director may require such institution to facilitate a teach-out, as defined in section 10a-22m, provided the executive director and such institution previously discussed a teach-out that ensures that current students of such institution are able to complete their programs without significant impact.
(P.A. 07-90, S. 6; P.A. 11-48, S. 250; P.A. 12-156, S. 56; P.A. 17-191, S. 1; P.A. 19-87, S. 5.)
History: P.A. 07-90 effective January 1, 2008; P.A. 11-48 replaced “Commissioner of Higher Education, or the commissioner's designee,” with “Office of Financial and Academic Affairs for Higher Education” and replaced “commissioner” with “executive director”, effective July 1, 2011; pursuant to P.A. 12-156, “Office of Financial and Academic Affairs for Higher Education” was changed editorially by the Revisors to “Office of Higher Education”, effective June 15, 2012; P.A. 17-191 designated existing provisions re conducting review, inspection or investigation as Subsec. (a) and added Subsec. (b) re teach-out requirement, effective July 1, 2017; P.A. 19-87 amended Subsec. (a) by adding reference to Sec. 10a-34g, effective July 1, 2019.
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Sec. 10a-34g. Disclosure of claim limitation clause in enrollment contracts by for-profit institutions of higher education. (a) On and after January 1, 2020, any for-profit institution of higher education licensed to operate in the state that requires any student, as a condition of enrollment, to enter into an agreement that (1) limits participation in a class action against such institution, (2) limits any claim the student may have against such institution or the damages for such claim, or (3) requires the student to assert any claim against such institution in a forum that is less convenient, more costly or more dilatory for the resolution of a dispute than a judicial forum established in the state where the student may otherwise properly bring a claim, shall include in its application to the Office of Higher Education for initial or renewed institutional licensure or accreditation pursuant to section 10a-34, a statement (A) disclosing the number of claims made against the institution, including claims made against a parent organization or subsidiary of the institution, by a student currently or formerly enrolled at the institution, (B) a description of the nature of the rights asserted, and (C) the status of such claims. The institution shall submit additional details regarding such claims as the executive director of the Office of Higher Education may require.
(b) The executive director of the Office of Higher Education may deny the application for initial or renewed license or accreditation of a for-profit institution of higher education or consider a for-profit institution of higher education ineligible to receive any public funds, including, but not limited to, federal funds administered by the office pursuant to section 10a-45 if (1) such institution fails to include the statement required under subsection (a) of this section in its application, or (2) upon review of such statement, the executive director determines that the public policy of protecting the interests of students in the state requires such denial. Notwithstanding the provisions of subsection (i) of section 10a-34, the executive director may deny the accreditation of an institution of higher education, for the purposes of this subsection, by refusing to accept or withdrawing any previous acceptance of regional accreditation made under subsection (i) of said section.
(c) The executive director of the Office of Higher Education shall have the authority granted under sections 10a-34a, 10a-34b and 10a-34e to investigate and enforce the provisions of subsections (a) and (b) of this section.
(P.A. 19-87, S. 1.)
History: P.A. 19-87 effective July 1, 2019.
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Sec. 10a-44d. Connecticut Open Educational Resource Coordinating Council. Members. Duties. Reports. (a) For the purposes of this section:
(1) “Open educational resource” means a college level resource made available on an Internet web site to be used by students, faculty and members of the public on an unlimited basis at a cost lower than the market value of the printed textbook or other educational resource, including full courses, course materials, modules, textbooks, streaming videos, tests, software and other similar teaching, learning and research resources that reside in the public domain or have been released under a creative commons attribution license that permits the free use and repurposing of such resources;
(2) “Creative commons attribution license” means a copyright crediting the author of a digital work product that allows for the free use and distribution of such work product; and
(3) “High-impact course” means a course of instruction for which open educational resources would make a significant positive financial impact on the students taking the course due to the number of students taking the course or the market value of the printed textbook or other educational resources required for such course.
(b) There is established the Connecticut Open Educational Resource Coordinating Council, which shall be part of the Executive Department. The executive director of the Office of Higher Education shall appoint the members of the council which shall consist of the following: (1) A state-wide coordinator, who shall collaborate with all institutions of higher education to promote open educational resources and administer grants; (2) one faculty member, one administrator and one staff member from The University of Connecticut; (3) one faculty member, one administrator and one staff member from the regional community-technical college system; (4) one faculty member, one administrator and one staff member from Charter Oak State College; (5) one faculty member, one administrator and one staff member from the Connecticut State University System; (6) one faculty member, one administrator and one staff member from the independent institutions of higher education; and (7) one student from any public or independent institution of higher education in the state. All initial appointments to the council shall be made not later than September 1, 2019, and shall expire on August 30, 2022, regardless of when the initial appointment was made. Any member of the council may serve more than one term.
(c) The state-wide coordinator appointed by the executive director of the Office of Higher Education shall serve as the chairperson of the council. The chairperson shall schedule the first meeting of the council, which shall be held not later than October 1, 2019. The administrative staff of the Office of Higher Education shall serve as administrative staff of the council.
(d) Appointed members of the council shall serve for three-year terms which shall commence on the date of appointment, except as provided in subsection (b) of this section. Members shall continue to serve until their successors are appointed. Any vacancy shall be filled by the executive director of the Office of Higher Education. Any vacancy occurring other than by expiration of term shall be filled for the balance of the unexpired term. A majority of the council shall constitute a quorum for the transaction of any business. The members of the council shall serve without compensation, but shall, within the limits of available funds, be reimbursed for expenses necessarily incurred in the performance of their duties.
(e) The council shall perform the following functions:
(1) Identify high-impact courses for which open educational resources will be developed, converted or adopted;
(2) Establish a program of competitive grants for faculty members of institutions of higher education in the state for the development, conversion or adoption of open educational resources for high-impact courses with any funds identified by the council and within available appropriations;
(3) Accept, review and approve competitive grant applications, provided any faculty member who is approved for a competitive grant shall license such open educational resources through a creative commons attribution license;
(4) Administer a standardized review and approval process for the development, conversion or adoption of open educational resources; and
(5) Promote strategies for the production, use and access of open educational resources.
(f) The council shall meet quarterly, or as often as deemed necessary by a majority of the council.
(g) Not later than January 1, 2021, and annually thereafter, the council shall submit a report, in accordance with the provisions of section 11-4a, to the joint standing committee of the General Assembly having cognizance of matters relating to higher education regarding (1) the number and percentage of high-impact courses for which open educational resources have been developed, (2) the degree to which institutions of higher education promote the use and access to open educational resources, (3) the amount of grants awarded by the council and the number of open educational resources developed by grant recipients, and (4) its recommendations for any amendments to the general statutes necessary to develop open educational resources.
(P.A. 19-117, S. 147.)
History: P.A. 19-117 effective July 1, 2019.
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Sec. 10a-55a. Uniform campus crime reports. Emergency response plans. (a) On or before October 1, 1991, and annually thereafter, each institution of higher education shall prepare in such manner as the president of the Connecticut State Colleges and Universities shall prescribe a uniform campus crime report concerning crimes committed in the immediately preceding calendar year within the geographical limits of the property owned or under the control of such institution. Such report shall be in accordance with the uniform crime reporting system pursuant to section 29-1c, provided such report is limited to those offenses included in part I of the most recently published edition of the Uniform Crime Reports for the United States as authorized by the Federal Bureau of Investigation and the United States Department of Justice, sexual assault under section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, or sections 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b and 53a-73a, stalking under sections 53a-181c, 53a-181d and 53a-181e and family violence as designated under section 46b-38h. The state police, local police departments and special police forces established pursuant to section 10a-156b shall cooperate with institutions of higher education in preparing such reports. Institutions with more than one campus shall prepare such reports for each campus.
(b) Each annual report prepared pursuant to subsection (a) of this section shall include (1) the number of full-time equivalent students, (2) the number of full-time equivalent employees, (3) the number of students and employees residing in campus housing, and (4) for each category of offense, the number of incidents reported and the crime rate. The crime rate shall be equal to the number of incidents reported divided by the total number of full-time equivalent students and employees.
(c) On or before October 1, 2007, each institution of higher education and private occupational school, as defined in section 10a-22a, shall have an emergency response plan. On or before October 1, 2007, and annually thereafter, each institution of higher education and private occupational school shall submit a copy of its emergency response plan to (1) the Commissioner of Emergency Services and Public Protection, and (2) local first responders. Such plan shall be developed in consultation with such first responders and shall include a strategy for notifying students and employees of the institution or school and visitors to such institution or school of emergency information.
(d) Each institution of higher education shall notify, in writing, each person who submits an application for admission to the institution, each new employee at the time of employment and all students and employees annually at the beginning of each academic year of the availability of the report prepared pursuant to subsection (a) of this section and shall, upon request, provide the most recent report to any such applicant, employee or student.
(P.A. 90-259, S. 2; P.A. 92-83, S. 1; P.A. 07-208, S. 3; P.A. 11-48, S. 285; 11-51, S. 154; P.A. 14-11, S. 1; P.A. 16-15, S. 27; P.A. 19-189, S. 1.)
History: P.A. 92-83 added sexual assault offenses to those required to be reported; P.A. 07-208 added new Subsec. (c) re emergency response plans and redesignated existing Subsec. (c) as Subsec. (d), effective July 1, 2007; pursuant to P.A. 11-48, “Commissioner of Higher Education” was changed editorially by the Revisors to “president of the Board of Regents for Higher Education” in Subsec. (a), effective July 1, 2011; P.A. 11-51 amended Subsec. (c)(1) by replacing “Commissioners of Public Safety and Emergency Management and Homeland Security” with “Commissioner of Emergency Services and Public Protection”, effective July 1, 2011; P.A. 14-11 amended Subsec. (a) by changing the annual reporting deadline from September 1 to October 1 and adding stalking and family violence to the list of reportable crimes, effective July 1, 2014; P.A. 16-15 amended Subsec. (a) by replacing “president of the Board of Regents for Higher Education” with “president of the Connecticut State Colleges and Universities”, effective July 1, 2016; P.A. 19-189 amended Subsec. (a) by replacing “53a-70b” with “section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019” and made a technical change.
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Sec. 10a-55g. Publication of career ladder in green technology industry. Not later than July 1, 2020, the Office of Higher Education and the Labor Department shall each publish on their respective Internet web sites the career ladder for jobs in the green technology industry established and updated by the Office of Workforce Competitiveness in accordance with section 31-3rr and an inventory of green jobs related equipment used by technical education and career schools and institutions of higher education.
(P.A. 10-156, S. 5; P.A. 11-48, S. 285; P.A. 12-116, S. 87; P.A. 17-63, S. 5; 17-237, S. 89; P.A. 19-35, S. 20.)
History: Pursuant to P.A. 11-48, “Department of Higher Education” was changed editorially by the Revisors to “Board of Regents for Higher Education”, effective July 1, 2011; pursuant to P.A. 12-116, “regional vocational-technical schools” was changed editorially by the Revisors to “technical high schools”, effective July 1, 2012; P.A. 17-63 replaced “Board of Regents for Higher Education” with “Office of Higher Education”, effective June 30, 2017; P.A. 17-237 replaced “technical high schools” with “technical education and career schools” and made a technical change, effective July 1, 2017; P.A. 19-35 added “Not later than July 1, 2020,” replaced provision re consultation with Department of Education with reference to Labor Department, deleted provision re annual preparation, deleted provision re list of every green jobs course and program, added provision re career ladder for jobs in green technology industry, added reference to Sec. 31-3rr and made a technical change, effective July 1, 2019.
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Sec. 10a-55m. Sexual assault, stalking and intimate partner violence policies. Affirmative consent. Prevention and awareness programming and campaigns. Anonymous reporting and disclosure. Notification of victim's rights and options. Report. (a) For purposes of this section and sections 10a-55n to 10a-55q, inclusive:
(1) “Affirmative consent” means an active, clear and voluntary agreement by a person to engage in sexual activity with another person;
(2) “Awareness programming” means institutional action designed to inform the campus community of the affirmative consent standard used pursuant to subdivision (1) of subsection (b) of this section, and communicate the prevalence of sexual assaults, stalking and intimate partner violence, including the nature and number of cases of sexual assault, stalking and intimate partner violence reported at or disclosed to each institution of higher education in the preceding three calendar years, including, but not limited to, poster and flyer campaigns, electronic communications, films, guest speakers, symposia, conferences, seminars or panel discussions;
(3) “Bystander intervention” means the act of challenging the social norms that support, condone or permit sexual assault, stalking and intimate partner violence;
(4) “Institution of higher education” means an institution of higher education, as defined in section 10a-55, and a for-profit institution of higher education licensed to operate in this state, but shall not include Charter Oak State College for purposes of subsections (c) and (f) of this section and sections 10a-55n to 10a-55p, inclusive;
(5) “Intimate partner violence” means any physical or sexual harm against an individual by a current or former spouse of or person in a dating relationship with such individual that results from any action by such spouse or such person that may be classified as a sexual assault under section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, or section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a, stalking under section 53a-181c, 53a-181d or 53a-181e, or family violence as designated under section 46b-38h;
(6) “Primary prevention programming” means institutional action and strategies intended to prevent sexual assault, stalking and intimate partner violence before it occurs by means of changing social norms and other approaches, including, but not limited to, poster and flyer campaigns, electronic communications, films, guest speakers, symposia, conferences, seminars or panel discussions;
(7) “Sexual assault” means a sexual assault under section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a;
(8) “Stalking” means stalking under section 53a-181c, 53a-181d or 53a-181e; and
(9) “Uniform campus crime report” means a campus crime report prepared by an institution of higher education pursuant to section 10a-55a.
(b) Each institution of higher education shall adopt and disclose in such institution's annual uniform campus crime report one or more policies regarding sexual assault, stalking and intimate partner violence. Such policy or policies shall include provisions for:
(1) Informing students and employees that, in the context of an alleged violation of the policy or policies regarding sexual assault and intimate partner violence, (A) affirmative consent is the standard used in determining whether consent to engage in sexual activity was given by all persons who engaged in the sexual activity, (B) affirmative consent may be revoked at any time during the sexual activity by any person engaged in the sexual activity, (C) it is the responsibility of each person to ensure that he or she has the affirmative consent of all persons engaged in the sexual activity to engage in the sexual activity and that the affirmative consent is sustained throughout the sexual activity, (D) it shall not be a valid excuse to an alleged lack of affirmative consent that the student or employee responding to the alleged violation believed that the student or employee reporting or disclosing the alleged violation consented to the sexual activity (i) because the responding student or employee was intoxicated or reckless or failed to take reasonable steps to ascertain whether the student or employee reporting or disclosing the alleged violation affirmatively consented, or (ii) if the responding student or employee knew or should have known that the student or employee reporting or disclosing the alleged violation was unable to consent because such student or employee was unconscious, asleep, unable to communicate due to a mental or physical condition, or incapacitated due to the influence of drugs, alcohol or medication, and (E) the existence of a past or current dating or sexual relationship between the student or employee reporting or disclosing the alleged violation and the responding student or employee, in and of itself, shall not be determinative of a finding of affirmative consent;
(2) Detailing the procedures that students and employees of the institution who report or disclose being the victim of sexual assault, stalking or intimate partner violence may follow after the commission of such assault, stalking or violence, regardless of where such incidences occurred, including persons or agencies to contact and information regarding the importance of preserving physical evidence of such assault, stalking or violence;
(3) Providing students and employees of the institution who report or disclose being the victim of sexual assault, stalking or intimate partner violence both concise, written contact information for and, if requested, professional assistance in accessing and utilizing campus, local advocacy, counseling, health and mental health services, and concise information, written in plain language, concerning the rights of such students and employees to (A) notify law enforcement of such assault, stalking or violence and receive assistance from campus authorities in making any such notification, and (B) obtain a protective order, apply for a temporary restraining order or seek enforcement of an existing protective or restraining order, including, but not limited to, orders issued pursuant to section 46b-15, 46b-38c, 53a-40e, 54-1k, 54-82q or 54-82r, against the perpetrator of such assault, stalking or violence;
(4) Notifying such students and employees of any reasonably available options for and available assistance from such institution in changing academic, living, campus transportation or working situations in response to such assault, stalking or violence;
(5) Honoring any lawful protective or temporary restraining orders, including, but not limited to, orders issued pursuant to section 46b-15, 46b-38c, 53a-40e, 54-1k, 54-82q or 54-82r;
(6) Disclosing a summary of such institution's student investigation and disciplinary procedures, including clear statements advising that (A) a student or employee who reports or discloses being a victim of such assault, stalking or violence shall have the opportunity to request that an investigation begin promptly, (B) the investigation and any disciplinary proceedings shall be conducted by an official trained annually in issues relating to sexual assault, stalking and intimate partner violence and shall use the preponderance of the evidence standard in making a determination concerning the alleged assault, stalking or violence, (C) both the student or employee who reports or discloses the alleged assault, stalking or violence and the student responding to such report or disclosure (i) are entitled to be accompanied to any meeting or proceeding relating to the allegation of such assault, stalking or violence by an advisor or support person of their choice, provided the involvement of such advisor or support person does not result in the postponement or delay of such meeting as scheduled, and (ii) shall have the opportunity to present evidence and witnesses on their behalf during any disciplinary proceeding, (D) both the student or employee reporting or disclosing the alleged assault stalking or violence and such responding student are entitled to be informed in writing of the results of any disciplinary proceeding not later than one business day after the conclusion of such proceeding, (E) the institution of higher education shall not disclose the identity of any party to an investigation or disciplinary proceeding, except as necessary to carry out the investigation or disciplinary proceeding or as permitted under state or federal law, and (F) a standard of affirmative consent is used in determining whether consent to engage in sexual activity was given by all persons who engaged in the sexual activity;
(7) Disclosing a summary of such institution's employee investigation and disciplinary procedures, including clear statements advising that a standard of affirmative consent is used in determining whether consent to engage in sexual activity was given by all persons who engaged in the sexual activity; and
(8) Disclosing the range of sanctions that may be imposed following the implementation of such institution's student and employee disciplinary procedures in response to such assault, stalking or violence.
(c) Each institution of higher education shall provide (1) annual sexual assault, stalking and intimate partner violence primary prevention and awareness programming for all students and employees that includes an explanation of the definition of affirmative consent in sexual relationships, information concerning the reporting of incidences of such assaults, stalking and violence and strategies for bystander intervention and risk reduction; and (2) ongoing sexual assault, stalking and intimate partner violence prevention and awareness campaigns.
(d) Each institution of higher education may provide the option for any student or employee of such institution who is the victim of a sexual assault, stalking or intimate partner violence to report or disclose such assault, stalking or violence to such institution anonymously. Each such institution shall notify any such student or employee of the institution's obligations under state or federal law, if any, to (1) investigate or address such assault, stalking or violence and (2) assess whether the report triggers the need for a timely warning or emergency notification, as described in 34 CFR 668.46(e), which obligations, in limited circumstances, may result in the learning of such victim's identity.
(e) Each institution of higher education shall provide concise notification, written in plain language, to each student and employee of such institution who reports or discloses having been the victim of sexual assault, stalking or intimate partner violence, immediately upon receiving a report or disclosure of such assault, stalking or violence, of such student's or employee's rights and options under such institution's policy or policies regarding sexual assault, stalking and intimate partner violence adopted in accordance with subsection (b) of this section.
(f) Not later than October 1, 2015, and annually thereafter, each institution of higher education shall report to the joint standing committee of the General Assembly having cognizance of matters relating to higher education, in accordance with the provisions of section 11-4a, concerning, for the immediately preceding calendar year, (1) a copy of its most recent policies regarding sexual assault, stalking and intimate partner violence adopted in accordance with subsection (b) of this section, or any revisions thereto, (2) a copy of its most recent concise written notification of the rights and options of a student or employee who reports or discloses an alleged violation of its sexual assault, stalking and intimate partner violence policy or policies required pursuant to subsection (e) of this section, (3) the number and type of sexual assault, stalking and intimate partner violence prevention, awareness and risk reduction programs at the institution, (4) the type of sexual assault, stalking and intimate partner violence prevention and awareness campaigns held by the institution, (5) the number of incidences of sexual assault, stalking and intimate partner violence reported or disclosed to such institution, (6) the number of confidential or anonymous reports or disclosures to the institution of sexual assault, stalking and intimate partner violence, (7) the number of disciplinary cases at the institution related to sexual assault, stalking and intimate partner violence, and (8) the final outcome of all disciplinary cases at the institution related to sexual assault, stalking and intimate partner violence, including, but not limited to, the outcome of any appeals of such final outcome, to the extent reporting on such outcomes does not conflict with federal law.
(g) Nothing in this section shall be interpreted to prohibit Charter Oak State College from providing, either in person or electronically, optional sexual assault, stalking and intimate partner violence prevention and awareness programming for all students and employees of said college.
(h) Nothing in this section shall be interpreted as requiring an institution of higher education to adopt, verbatim, the definition of “affirmative consent” set forth in subsection (a) of this section, provided the institution of higher education, in the exercise of its sole authority to adopt a definition of “affirmative consent”, uses a definition of “affirmative consent” that has the same meaning as or a meaning that is substantially similar to the definition set forth in subsection (a) of this section.
(P.A. 12-78, S. 1; P.A. 14-11, S. 2; 14-217, S. 163, 164; P.A. 16-106, S. 1; P.A. 19-189, S. 2.)
History: P.A. 12-78 effective July 1, 2012; P.A. 14-11 amended Subsec. (a) by adding new Subdiv. (2) defining “bystander intervention” and Subdiv. (7) defining “stalking”, redesignating existing Subdivs. (2) to (6) as Subdivs. (3) to (5) and (8) and redefining “awareness programming”, “institution of higher education”, “intimate partner violence”, and “primary prevention programming” therein, amended Subsec. (b) by adding stalking to crimes for which policies are required, requiring policies to address employees of the institution and incidences that occur off-campus, requiring annual training for official conducting disciplinary proceedings, and making technical changes, amended Subsec. (c) by requiring that institutions provide annual programming regardless of budgetary resources and that such programming include stalking, and added Subsec. (d) re anonymous reporting or disclosing, Subsec. (e) re notification of victim's rights and options and Subsec. (f) re institutions reporting to the General Assembly, effective July 1, 2014; P.A. 14-217 redefined “institution of higher education” in Subsec. (a)(3) and added Subsec. (g) re Charter Oak State College providing optional prevention and awareness programming, effective July 1, 2014; P.A. 16-106 amended Subsec. (a) by adding new Subdiv. (1) defining “affirmative consent”, redesignating existing Subdiv. (1) re awareness programming as Subdiv. (2) and amending same to redefine “awareness programming”, and redesignating existing Subdivs. (2) to (8) as Subdivs. (3) to (9), amended Subsec. (b) re adoption and disclosure of sexual assault policies by adding new Subdiv. (1) re informing students and employees re affirmative consent, redesignating existing Subdivs. (1) to (4) as Subdivs. (2) to (5), redesignating existing Subdiv. (5) re summary of institution's student disciplinary procedures as Subdiv. (6) and amending same by replacing references to “victim” with references to “student or employee who reports or discloses being a victim”, replacing “accused” with “student responding to such report or disclosure”, adding references to investigation and adding Subpara. (F) re affirmative consent, redesignating existing Subdiv. (6) re summary of institution's employee disciplinary procedures as Subdiv. (7) and amending same to add provisions re affirmative consent, and redesignating existing Subdiv. (7) re range of sanctions as Subdiv. (8), amended Subsec. (e) by adding “reports or discloses having”, added Subsec. (h) re adoption of definition of “affirmative consent”, and made technical and conforming changes, effective July 1, 2016; P.A. 19-189 amended Subsec. (a)(5) by replacing “53a-70b” with “section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019”.
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Sec. 10a-55t. Policy re availability and use of opioid antagonists on campus required. (a) Not later than January 1, 2020, the president of each institution of higher education in the state shall (1) develop and implement a policy consistent with subsection (b) of this section concerning the availability and use of opioid antagonists, as defined in section 17a-714, by students and employees of the institution, (2) submit such policy to the Department of Consumer Protection for approval, and (3) upon approval of the department, post such policy on the institution's Internet web site.
(b) The policy of each institution of higher education concerning the availability and use of opioid antagonists shall (1) designate a medical professional or public safety professional to oversee the purchase, storage and distribution of opioid antagonists on each of its campuses, (2) identify the location or locations on each of its campuses where the opioid antagonists are stored, which location or locations shall be made known and accessible to students and employees of such institution, (3) require maintenance of the supply of opioid antagonists in accordance with the manufacturer's guidelines, and (4) require a representative of the institution to call 911 or notify a local emergency medical services provider prior to, during or as soon as practicable after each use of an opioid antagonist on the institution's campus that is reported to the institution or observed by a medical professional or public safety professional, unless the person to whom the opioid antagonist was administered has already received medical treatment for his or her opioid-related drug overdose.
(P.A. 19-191, S. 7.)
History: P.A. 19-191 effective July 1, 2019.
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Sec. 10a-57f. Participation in the nation-wide state authorization reciprocity agreement. Application process for in-state participating institutions and out-of-state nonparticipating institutions. Authority of Attorney General. (a) Not later than January 1, 2017, the Office of Higher Education shall enter into a multistate or regional reciprocity agreement for purposes of enabling the state and Connecticut institutions of higher education to participate in a nation-wide state authorization reciprocity agreement (1) establishing uniform standards for distance learning programs across states, and (2) eliminating the need for a state participating in the state authorization reciprocity agreement to assess the quality of a distance learning program offered by an out-of-state institution of higher education through the participating state's authorization, licensing and accreditation process. Notwithstanding the provisions of part III of this chapter and upon the Office of Higher Education entering into the multistate or regional reciprocity agreement, an out-of-state institution of higher education that participates in the state authorization reciprocity agreement may operate a distance learning program in the state in accordance with the uniform standards.
(b) Any Connecticut institution of higher education that seeks to participate in the nation-wide state authorization reciprocity agreement under subsection (a) of this section shall submit an application with the Office of Higher Education on a form prescribed by the office. The office shall approve or reject the institution's application in accordance with the terms of such agreement. Authorization by the office to participate in such agreement shall be valid for a period of one year and may be renewed by the office for additional one-year periods. The office shall establish a schedule of application and renewal fees for all Connecticut institutions of higher education that participate in such agreement. The fee schedule shall be graduated based on the number of full-time equivalent students at each Connecticut institution of higher education.
(c) Any out-of-state institution of higher education that does not participate in the nation-wide, state authorization reciprocity agreement and seeks to operate a distance learning program in the state shall submit an application to the Office of Higher Education on a form prescribed by the office. Each institution shall agree to abide by standards, similar to those in the nation-wide, state authorization reciprocity agreement and established by the office. The office shall approve or reject the institution's application in accordance with the standards established by the office. Authorization by the office to operate a distance learning program in the state shall be valid for a period of one year and may be renewed by the office for additional one-year periods. The office shall establish a schedule of application and renewal fees for all out-of-state institutions of higher education that do not participate in the nation-wide, state authorization reciprocity agreement and are approved by the office. The fee schedule shall be graduated based on the number of full-time equivalent students enrolled at each out-of-state institution of higher education.
(d) Nothing in subsection (a) of this section shall be construed to affect the authority of the Attorney General to enforce the provisions of chapter 735a or Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act, P.L. 111-203, as amended from time to time.
(P.A. 16-120, S. 1; P.A. 19-174, S. 1.)
History: P.A. 16-120 effective July 1, 2016; P.A. 19-174 added new Subsec. (c) re applications for out-of-state nonparticipating institutions and redesignated existing Subsec. (c) as Subsec. (d), effective January 1, 2020.
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