1. Consumer Disclosures Tony Erwin Associate VP for Enrollment Northeastern University May 24, 2016

2. Focus on consumer disclosure requirements that have generated the most attention and questions Review disclosures that are commonly cited in program reviews Discuss available tools and resources What are we doing today?

3. Consumer Disclosure Requirements –Where do you find them? –Who is responsible for them? –Who gets in trouble for not doing them right? –Where do you go for tools to help? –Why am I in this session at 4:30 in the afternoon on a moderately sunny day next to the ocean? Ok…here we go

4. Internal compliance/audit External audit Program review Student/Parent challengers Legal challengers Who cares if you do it right?

5. Institutional Offices With Responsibility Registrar Campus Police Student Health Services Disability Services Institutional Research Office of Communications Human Resources Study Abroad Office Administration Legal Counsel Provost In-House Auditors Athletics Information Technology Services Admissions Financial Aid Office Student Housing Business Office Bursar Book Store Counseling Center Veterans Services Career Services Ombudsman Who needs to do this?

6. 1. Verification Violations 2. Return of Title IV (R2T4) Calculation Errors 3. Student Credit Balance Deficiencies 4. Entrance/Exit Counseling Deficiencies 5. Crime Awareness Requirements Not Met 6. Satisfactory Academic Progress Policy Not Adequately Developed/Monitored Top Program Review Findings

7. 7. NSLDS Roster Reporting 8. Inaccurate Record Keeping 9. Drug Abuse Prevention Program Requirements Not Met 10. Consumer Information Requirements Not Met (Tie) 10. Return of Title IV (R2T4) Made Late (Tie) Top Program Review Findings

8. Entrance counseling not conducted /documented for first-time borrowers Exit counseling not conducted/documented for withdrawn students or graduates Exit counseling materials not mailed to students who failed to complete counseling Exit counseling completed late Regulation: 34 C.F.R. § 685.304 Entrance/Exit Counseling Requirements Not Met

9. Campus security policies and procedures not adequately developed Annual report not published and/or distributed Annual report missing required components Failure to develop a system to track and/or log all required categories of crimes for all campus locations Regulations: 34 C.F.R. §§668.41, 668.46(c) & 668.49 Crime Awareness Requirements Not Met

10. Failure to document drug prevention program policies Failure to distribute annual written information about drug prevention to students and employees Missing written statement about standards of conduct prohibiting unlawful possession Missing description of legal sanctions imposed under local, State or Federal law Failure to provide description of drug/alcohol counseling/treatment programs Regulation: 34 C.F.R. § 86.100 Drug Abuse Prevention Program Requirements Not Met

11. Missing institutional financial assistance information Missing institutional information Missing health and safety information Missing disclosures of institutional outcomes Missing FERPA disclosure information Missing gainful employment disclosures Regulations: 34 C.F.R. §§ 668.41 and 668.42 and 668.43 Consumer Information Requirements Not Met

12. Required Title IV Policies and Procedures Net Price Calculator Copyright Infringement Voter Registration Annual FERPA Notification Vaccinations Policy Textbook Disclosures Constitution Day Program Don’t forget about these…

13. Misrepresentation s defined as a false, incorrect, or misleading statement made directly or indirectly to a student, prospective student, any member of the public, an accrediting agency, a state agency, or the Department. A misleading statement includes any statement that has the likelihood or tendency to deceive. A statement is any communication made in writing, visually, orally, or through other means. This definition applies to statements made by an eligible school, one of its representatives, or any ineligible institution, organization, or person with whom the eligible institution has an agreement to provide educational programs or to provide marketing, advertising, recruiting, or admissions services. Misrepresentation includes the dissemination of a student endorsement or testimonial that a student gives either under duress or because the school required the student to make such an endorsement or testimonial to participate in a program. My favorite…Misrepresentation

14. A school, one of its representatives, or a related party engages in substantial misrepresentation when it does so about the nature of its educational program, its financial charges, or the employability of its graduates. Substantial misrepresentation is defined as any misrepresentation on which the person to whom it was made could reasonably be expected to rely, or has reasonably relied, to that person’s detriment. Substantial misrepresentations are prohibited in all forms, including those made in any advertising or promotional materials or in the marketing or sale of courses or programs of instruction offered by the institution. Wait, there’s more…

15. Basic Clery Act Components –Maintain Crime Log –Maintain Fire Log –Collect Crime Reports from Campus Security Authorities –Request Crime Statistics from Local Law Enforcement –Missing Student Identification and Notification Procedures –Publish Annual Security Report –Publish Annual Fire Safety Report –Submit Crime and Fire Statistics to ED –Emergency Notification and Evacuation Procedures –Issue Warnings and Alerts Clery Act

16. Applies to participants in Title IV programs –Compliance begins on effective date of Program Participation Agreement (PPA) Exemptions –Offer only distance education programs (students only physical presence is for graduation ceremonies) –Foreign Institutions (not U.S. institutions with a foreign campus) What Financial Aid Administrators Need to Know About Clery Act and VAWA

17. Crime statistics include reported crimes? Annual security report must be distributed annually? A campus security authority includes any individual responsible for campus safety in any aspect? (parking lot, residence halls) including any person with significant responsibility for student and campus activities? Exempts professional and pastoral counselors Did you know?

18. Additional Crimes: Dating Violence Domestic Violence Stalking Policy Statements: Dating Violence Domestic Violence Stalking Policies on sexual assault, dating violence, domestic violence, and stalking must include descriptions of: –Programs for new students and employees on prevention awareness; –Bystander intervention training; –Ongoing prevention and awareness education programs –Procedures for when an incident is reported VAWA Changes to Clery Act

19. Geography – Area for which crime statistics must be reported. Includes: –Campus property –Non-campus properties owned by the institution outside contiguous geographical area, frequented by students and support institutional purposes –Non-campus properties owned or controlled by a student organization recognized by the institution –Any area within jurisdiction of campus security VAWA Changes to Clery Act

20. Definitions and clarifications: –Clarifies sexual assault terminology (consistent with Federal Bureau of Investigation [FBI]) –Hate crimes include gender identity and perceived gender as additional bias categories –Does not make any changes to existing institutional obligations under Title IX –Institution must address how crime statistics are publically available without disclosing personally identifying information VAWA Changes to Clery Act

21. Disciplinary Hearings: –Officials must undergo annual training –Policy and procedures for disciplinary hearings address specific areas –Accuser and accused have right to advisor of their choice Annual Security Report issued by October 1, 2016 will be the first to include three calendar years under new crime categories and definitions VAWA Changes to Clery Act

22. Drug-Free Schools and Communities Act Federal student aid requirements are derived from the 1989 amendments to the Act Schools must –Implement a drug and alcohol abuse prevention program –Provide information to students, faculty, and employees –Provide a drug-free awareness program for its employees if school participates in Campus- Based Programs Drug and Alcohol Abuse Prevention

23. Certify implementation of a program to prevent drug and alcohol abuse Drug and Alcohol Abuse Prevention

24. Conduct a review of the program every 2 years to determine –Effectiveness –Needed changes –Consistency of disciplinary sanction enforcement –Provide review results upon request Drug and Alcohol Abuse Prevention

25. Number of drug and alcohol-related violations and activities that occur on school campus or as a part of the school’s activities and that are reported Number and type of sanctions imposed by school as a result of drug and alcohol-related violations and fatalities on school campus or as a part of the school’s activities Drug and Alcohol Abuse Prevention – Biennial Review Must Include:

26. Information Distributed Annually –Standards of conduct that clearly prohibit unlawful possession, use, or distribution of drugs and alcohol –Description of sanctions under state, local, and federal law –Description of available drug or alcohol counseling, treatment, or rehabilitation programs –Description of health risks associated with the use of illicit drugs and alcohol –Clear statement that institution will impose sanctions for violations of the standards of conduct and a description of sanctions. Drug and Alcohol Abuse Prevention

27. Establish a drug-free awareness program to provide information to employees Distribute notice to employees of prohibited unlawful activities and actions resulting from employee violations Notify ED and take appropriate action when it learns of an employee’s conviction under any criminal drug statute. Applies to all offices and departments of a school that receives Campus-Based funds. Drug-Free Workplace – Campus-Based Schools

28. New Consumer Information Requirement –End of future availability –Repayment and forgiveness benefits available to Direct Loan borrowers are not available to Federal Perkins Loan borrowers –Borrower’s option to consolidate into Direct Consolidation Loan, including any benefits provided by so doing New Consumer Information Requirement –Comparison of Direct and Perkins Loan interest rates –The borrower has reached Maximum annual borrowing limit for Direct Subsidized Loans (current borrowers); or Maximum annual borrowing limit for Direct Subsidized and Unsubsidized Loans (new borrowers) Loans (GEN-16-05):

29. Applies to institutions that –Contract with third party servicer to process Title IV credit balances or to offer or market account that would receive Title IV balance –Arrange for a financial institution to offer or market accounts Cash Management:

30. September 1, 2016 –Post contract to institution’s website July 1, 2017 – List and identify features and fees associated with financial account(s) offered under the arrangement –ED will provide template September 1, 2017 –Post monetary and non-monetary benefits exchanged under the contract –Post number of students with account(s) –Post mean and median fees paid for account(s) –ED will provide template Cash Management

31. Consumer Information Coordinator –Works with all institutional departments –Coordinates timing of notices, reporting, and disclosures –Stays current on changing requirements Unofficial “three click” rule Best Practices

32. NASFAA Student Aid Index NASFAA Policies & Procedures Tools NASFAA How-To Guides NASFAA Self-Evaluation Guide NASFAA Webinars NASFAA Resources

33. Consumer Information Disclosures At-A- Glance http://ifap.ed.gov/qadocs/ConsumerModul e/ConsumerInfoataGlance.doc Federal Student Aid Handbook FSA Resources

35. Focus on consumer disclosure requirements that have generated the most attention and questions Review disclosures that are commonly cited in program reviews Discuss available tools and resources Did we do what we said we were going to do today?

36. Many thanks to the NASFAA and Federal Student Aid staff members who made this presentation possible… Thank You