Exact(8)
The Higher Education Act (HEA) prohibits an institution of higher education from engaging in a "substantial misrepresentation of the nature of its educational program, its financial charges, or the employability of its graduates". 20 U.S.C. §1094(c)(3)(A).
The government would consider wiping away debt in the event of a "substantial misrepresentation" by the school about the nature of the program, financial charges or the chance graduates have of finding work.
Of particular concern is language that allows students to sue if their college made a "substantial misrepresentation" even if there is no harm and no evidence of intent to defraud or mislead, which is generally the standard in fraud claims.
In a footnote, Bates wrote that the court was "troubled that the government's revelations regarding the NSA's acquisitions of internet transactions mark the third instance in less than three years in which the government has disclosed a substantial misrepresentation regarding the scope of a major collection program".
It complains that the episode marked "the third instance in less than three years in which the government has disclosed a substantial misrepresentation regarding the scope of a major collection program .By way of illustration the judge refers to an earlier reprimand, also previously unknown, over the wrongful use of the telephone records that the NSA has collected from every American since 2006.
"The court is troubled that the government's revelations regarding N.S.A.'s acquisition of Internet transactions mark the third instance in less than three years in which the government has disclosed a substantial misrepresentation regarding the scope of a major collection program," Judge Bates wrote.
Similar(52)
He's almost certainly right about that, but the Department of Education has its own remedies available, including a regulation that can impose penalties, including an end to federal aid, for schools that engage in "substantial misrepresentation".
Smith said she wasn't aware of any recent cases in which the department alleged a college had committed substantial misrepresentations.
"Their substantial misrepresentations evidence a blatant disregard not just for professional standards, but for students' futures". As a part of the fine, Heald College can no longer enroll students, and Corinthian must help current students either complete their education or finish up elsewhere.
"Their substantial misrepresentations evidence a blatant disregard not just for professional standards, but for students' futures". A Corinthian spokesman, Joe Hixson, said in a statement that the department's conclusions were "highly questionable" and "unsubstantiated". He said the department had not given the company any time to review or respond to the allegations.
For example, the language would allow students to raise only narrow categories of school misconduct -- breach of contract and substantial misrepresentations -- which, pro-student negotiators wrote in a memo last night, "do not begin to capture all of the misconduct that is covered under state law".
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