Misrepresentation Policy

//Misrepresentation Policy
Misrepresentation Policy 2018-02-08T14:50:29+00:00

University of Hawaii Maui College is prohibited, by federal law, from making false, erroneous, or misleading statements, directly or indirectly, to a student, prospective student, member of the public, accrediting agency, state agency, or to the U.S. Department of Education. Misleading statements are those that have the likelihood or a tendency to deceive or confuse the person to whom they are made. A statement is any communication whether it is made in writing, visually, orally, or through any other means of communication. Substantial misrepresentation is misrepresentation on which a person could reasonably be expected to rely, or has reasonably relied, to that person’s detriment.

UH Maui College has procedures to ensure that it does not misrepresent the nature of its educational program. The procedures include, but are not limited to, assurances that the university does not provide false, erroneous or misleading statements concerning:

Nature of Education Program 34 CFR 668.72

  • The particular type(s), specific source(s), nature and extent of its accreditation
  • Whether a student may transfer course credits earned at the school to any other school
  • Whether successful completion of a course of instruction qualifies a student for:
    • Acceptance into a labor union or similar organization; or
    • To receive, to apply to take or to take the examination required to receive, a local, State, or Federal license, or a nongovernmental certification required as a precondition for employment, or to perform certain functions in the States in which the educational program is offered, or to meet additional conditions that the institution knows or reasonably should know are generally needed to secure employment in a recognized occupation for which the program is represented to prepare students
  • The requirements for successfully completing the course of study or program and the circumstances that would constitute grounds for terminating the student’s enrollment;
  • Whether its courses are recommended or have been the subject of unsolicited testimonials or endorsements by—
    • Vocational counselors, high schools, colleges, educational organizations, employment agencies, members of a particular industry, students, former students, or others; or
    • Governmental officials for governmental employment;
  • Its size, location, facilities, or equipment;
  • The availability, frequency, and appropriateness of its courses and programs to the employment objectives that it states its programs are designed to meet;
  • The nature, age, and availability of its training devices or equipment and their appropriateness to the employment objectives that it states its programs and courses are designed to meet;
  • The number, availability, and qualifications, including the training and experience, of its faculty and other personnel;
  • The availability of part-time employment or other forms of financial assistance;
  • The nature and availability of any tutorial or specialized instruction, guidance and counseling, or other supplementary assistance it will provide its students before, during or after the completion of a course;
  • The nature or extent of any prerequisites established for enrollment in any course;
  • The subject matter, content of the course of study, or any other fact related to the degree, diploma, certificate of completion, or any similar document that the student is to be, or is, awarded upon completion of the course of study;
  • Whether the academic, professional, or occupational degree that the institution will confer upon completion of the course of study has been authorized by the appropriate State educational agency. This type of misrepresentation includes, in the case of a degree that has not been authorized by the appropriate State educational agency or that requires specialized accreditation, any failure by an eligible institution to disclose these facts in any advertising or promotional materials that reference such degree; or
  • Any matters required to be disclosed to prospective students under 42 and 668.43.

Nature of Financial Charges 34 CFR 668.73

  • Offers of scholarships to pay all or part of a course charge
  • Whether a particular change is the customary charge at the school for a course
  • The cost of the program and the institution’s refund policy if the student does not complete the program;
  • The availability or nature of any financial assistance offered to students, including a student’s responsibility to repay any loans, regardless of whether the student is successful in completing the program and obtaining employment; or
  • The student’s right to reject any particular type of financial aid or other assistance, or whether the student must apply for a particular type of financial aid, such as financing offered by the institution.

Employability of graduates 34 CFR 668.74

  • That the school is connected with any organization or is an employment agency or other agency providing authorized training leading directly to employment
  • The institution’s plans to maintain a placement service for graduates or otherwise assist its graduates to obtain employment;
  • The institution’s knowledge about the current or likely future conditions, compensation, or employment opportunities in the industry or occupation for which the students are being prepared;
  • Whether employment is being offered by the institution or that a talent hunt or contest is being conducted, including, but not limited to, through the use of phrases such as “Men/women wanted to train for * * *,” “Help Wanted,” “Employment,” or “Business Opportunities”;
  • Government job market statistics in relation to the potential placement of its graduates; or
  • Other requirements that are generally needed to be employed in the fields for which the training is provided, such as requirements related to commercial driving licenses or permits to carry firearms, and failing to disclose factors that would prevent an applicant from qualifying for such requirements, such as prior criminal records or preexisting medical conditions.

To enable university-wide compliance with this policy, each department is encouraged to work with the marketing department in the creation of all materials. Each department must maintain archival copies, preferably in electronic form, of all promotional materials, including quotes and statements made by college personnel. Directors of operational units are responsible for the training of personnel regarding misrepresentation of information about the university or its programs or services.

The university considers violations of this policy as serious offenses and will take disciplinary action appropriate to the nature and extent of the violation to ensure that violations are not repeated.