Part I. Definitions; Prohibitions; Advertising
8VAC40-31-10. Definitions.
In addition to the words and terms defined in § 23.1-100 of the Code of Virginia, the following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Academic credit" means the measure of the total time commitment an average student is expected to devote to learning per week of study. Generally, one unit of credit represents a total of three hours per week of in-class and out-of-class work (Carnegie Unit of Credit). In this context, an hour is defined as 50 minutes.
"Accreditation" means a process of external quality review used by higher education to scrutinize colleges, universities, and educational programs for quality assurance and quality improvement. This term applies to those accrediting organizations recognized by the United States Department of Education.
"Adjunct faculty" means professional staff members of businesses, industries, and other agencies and organizations who are appointed by institutions and schools on a part-time basis to carry out instructional, research, or public service functions.
"Administrative personnel" means individuals who oversee areas as outlined in operational and administrative standards. This includes, by function, titles of financial aid administrator, director of admissions, director of education, business officer or manager, director of student services, including counseling and placement, and the registrar.
"Avocational" means instructional programs that are not intended to prepare students for employment but are intended solely for recreation, enjoyment, personal interest, or as a hobby or courses or programs that prepare individuals to teach such pursuits.
"Certification" means the process of securing authorization to operate a private or out-of-state postsecondary school or institution of higher education or degree, certificate, or diploma program in the Commonwealth.
"Change of ownership" means any action or transaction that results in a change of control of the school. "Change of ownership" includes any change by which a person who has or thereby acquires an ownership interest in the entity that owns the institution or the parent of that entity acquires or loses the ability to control the institution.
"CIP code" means the six-digit number assigned to each discipline specialty in the Classification of Instructional Programs (CIP) taxonomy maintained by the National Center for Education Statistics.
"Clock hour" or "contact hour" means a minimum of 50 minutes of supervised or directed instruction and appropriate breaks.
"Conditional certification" means a status that may be granted by the council to a school certified to operate in Virginia to allow time for the correction of major deficiencies or weaknesses identified in the school's administration that are of such magnitude that, if not corrected, may result in the revocation of the school's certificate to operate.
"Council" means the State Council of Higher Education for Virginia.
"Credit hour" means a unit by which a school may measure its coursework. The number of credit hours assigned to a traditionally delivered course is usually defined by a combination of the number of hours per week in class, the number of hours per week in a laboratory, or the number of hours devoted to externship multiplied by the number of hours in the term. One unit of credit is usually equivalent to, at a minimum, one hour of classroom study and outside preparation, two hours of laboratory experience, or three hours of internship or practicum, or a combination of the three multiplied by the number of weeks in the term. Emerging delivery methodologies may necessitate determining a unit of undergraduate or graduate credit with nontime-based methods. These courses shall use demonstration of competency, demonstration of proficiency, or fulfillment of learning outcomes to ensure these courses are equivalent to traditionally delivered courses.
"Degree" means any earned award at the associate, baccalaureate, master's, first professional, or doctoral level that represents satisfactory completion of the requirements of a program or course of study or instruction beyond the secondary school level and includes certificates and specialist degrees when such awards represent a level of educational attainment above that of the associate degree level.
"Degree program" means a curriculum or course of study that leads to a degree in a discipline or interdisciplinary specialty and normally is identified by a six-digit CIP code number.
"Diploma" means an award that represents a level of educational attainment at or below the associate degree level and that normally consists of up to (i) 1,500 clock hours, (ii) 90 quarter hours, or (iii) 60 semester hours.
"Distance education" means education that uses any means to deliver instruction to students who are separated from the instructor and to support regular and substantive interaction between student and instructor.
"Enrollment agreement" means a legally binding document signed by a student and an authorized representative of an institution, prior to the time instruction begins, that contains required disclosures, a completed copy of which is given to the student upon execution.
"Full-time faculty" means a person whose (i) employment is based upon an official contract, appointment, or agreement with a school; (ii) principal employment is with that school; and (iii) major assignments are in teaching and research. A full-time administrator who teaches classes incidental to administrative duties is not a full-time faculty member.
"Graduate credit hours" means credit hours earned for successful completion of courses beyond the baccalaureate level, generally awarded at the 500 series and above.
"Gross tuition collected" means all fees collected or received on either a cash or accrual accounting method basis for all instructional programs or courses, except for nonrefundable registration and application fees and charges for materials, supplies, and books that have been purchased by, and are the property of, the student.
"Instructional faculty" means a person employed by a school who is engaged in instructional, research, or related activities.
"Instructional location" means a location in Virginia operated under the direction of a designated Virginia site that is geographically located within a 20-mile radius from the designated site and offers less than 50% of an educational program.
"Part-time faculty" means a person whose (i) annual employment is based upon an official contract, appointment, or agreement with a school and (ii) courseload of teaching assignments is of lesser quantity than that expected of a full-time faculty member or is of lesser quantity than the school's definition of a full load of courses.
"Program of study" means a curriculum of two or more courses that is intended or understood to lead to a degree, diploma, or certificate and may include all or some of the courses required for completion of a degree program.
"Provisional certification" means a preliminary approval status granted by the council to a new school applicant that has demonstrated substantial compliance with the provisions of this chapter. Such a status may include any conditions imposed by the council to ensure compliance with the provisions of this chapter. The provisionally certified school must demonstrate compliance with all conditions within one calendar year of the initial grant of provisional certification.
"Senior administrator" means, generally, individuals who have administrative or managerial authority within an institution, including, by function, titles of chief executive officer, president, chancellor, dean, provost, and owner.
"Surety instrument" means a surety bond or a clean irrevocable letter of credit issued by a surety company or banking institution authorized to transact business in Virginia adequate to provide refunds to students for the unearned non-Title IV portion of tuition and fees for any given semester, quarter, or term and to cover the administrative cost associated with filing a claim against the instrument.
"Unearned tuition" means the portion of tuition charges billed to the student but not yet earned by the institution; the unearned tuition represents future educational services to be rendered to presently enrolled students.
Statutory Authority
§ 23.1-215 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 30, Issue 8, eff. February 3, 2014; Volume 38, Issue 11, eff. February 18, 2022; Volume 41, Issue 25, eff. September 11, 2025.
8VAC40-31-20. Prohibited acts.
A. Use of the term "college" or "university" or abbreviations or words of similar meaning is prohibited, except in accordance with § 23.1-225 of the Code of Virginia. This subsection shall not apply to an individual proprietorship, association, co-partnership, or corporation that uses the words "college" or "university" in its training programs solely for its employees or customers, that does not offer degree-granting programs, and whose name includes the word "college" or "university" in a context from which it is clear that such entity is not an educational school.
B. The council shall refuse to certify school names and terms that have the potential to mislead the general public about the school's affiliation or association with any state-supported institution of higher education. Terms that may not be used by private institutions of higher education include "public university," "public college," or "community college".
Statutory Authority
§ 23.1-225 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 41, Issue 25, eff. September 11, 2025.
8VAC40-31-30. Advertisements, announcements, and other promotional materials.
A. A school certified to operate by the council in accordance with this chapter shall include in any print and electronic catalogs (i) a clear statement that the council has certified the school to operate in Virginia and (ii) complete addresses of all sites within Virginia.
B. A school certified to operate by council in accordance with this chapter shall include in all publicity, advertisement, and promotional materials distributed to current or prospective students (i) a clear statement that the council has certified the school to operate in Virginia, (ii) the school's complete name as indicated on the certificate to operate, and (iii) the address of at least one site located in Virginia.
C. A school with its main campus not located in Virginia that has a physical presence in Virginia shall comply with the requirements of § 23.1-219 E of the Code of Virginia.
D. No advertisement, announcement, or any other material produced by or on behalf of a postsecondary school shall in any way indicate that the school is supervised, recommended, endorsed, or accredited by the Commonwealth of Virginia, by the State Council of Higher Education for Virginia, or by any other state agency in Virginia.
Statutory Authority
§ 23.1-219 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 22, Issue 23, eff. August 24, 2006; amended, Virginia Register Volume 30, Issue 8, eff. February 3, 2014; Volume 41, Issue 25, eff. September 11, 2025.