940 C.M.R. 31.06 – Prohibited Practices

(1) Anonymous Advertising. It is an unfair or deceptive act or practice for a school to use anonymous advertisements, including advertisements that conceal or fail to disclose the name of the school, to solicit prospective students, or to use "help wanted" or other employment columns in a newspaper, or Internet job boards or employment websites, or other publications, whether printed or electronic, in such a manner as to mislead or deceive consumers, prospective students, or any other person or to cause such a person to believe that a job is offered.
(2) Facilitating Improper Conduct. It is an unfair or deceptive act or practice for a school to encourage, enable, or reasonably fail to prevent students from cheating on examinations or classwork.
(3) Falsifying Records. It is an unfair or deceptive act or practice for a school to misrepresent or falsify a student's attendance or academic progress or record in order to permit a student to continue to receive financial aid or to graduate from a program or for any other reason.
(4) Misrepresenting Program Content. It is an unfair or deceptive act or practice for a school to award a certificate or diploma or confer a degree which misrepresents the program or course of study or instruction covered or completed or the accomplishments or standing of the student receiving such certificate, diploma, or degree.
(5) Failing to Offer Appropriate Internships. It is an unfair or deceptive act or practice for a school to promise an internship or externship (collectively "internship"), or include an internship as a required element of a program unless the school ensures that all such internships offer training in the field of study, and offers school-based personnel to assist in locating and arranging student internships.
(6) Enrolling Unqualified Students. It is an unfair or deceptive act or practice for a school to enroll or induce retention of a student in any program when the school knows, or should know, that due to the student's educational level, training, experience, physical condition, lack of language proficiency, or other material disqualification, the student will not or is unlikely to:
1. (a) graduate from the program; or
2. (b) meet the requirements for employment in the occupation to which the program is represented to lead. If a student has a disability, the determination shall be made based on the student's ability to graduate from the program or meet the requirements for employment with the provision of a reasonable accommodation for that disability. In addition, in no event shall 940 CMR 31.00 contravene the requirements of, or obligations of a school to accommodate students in accordance with the Americans with Disabilities Act, the Rehabilitation Act, or any other applicable law concerning students with disabilities.
(7) Enrolling Ineligible Students. It is an unfair or deceptive act or practice for a school to enroll a student in a program for a licensed occupation whom the school knows, or by the exercise of reasonable diligence should know, would be ineligible to obtain licensure in Massachusetts in the occupation for which the student is being trained due to a prior criminal record or other disqualifying reason.
(8) Failing to Provide Language Appropriate Communications. It is an unfair and deceptive act or practice for a school to enroll a student without taking reasonable steps to communicate the material facts concerning the school or program in a language that is understood by the prospective student. Reasonable steps complying with this regulation include but are not limited to:
1. (a) using adult interpreters; and
2. (b) providing the student with a translated copy of the enrollment materials and disclosures required by these regulations or by any other applicable state or federal law, regulation, or directive in a language understood by the student.
(9) Engaging in High-pressure Sales Tactics. It is an unfair or deceptive act or practice for a school to initiate communication with a prospective student, prior to enrollment, via telephone (either voice or data technology), in person, via text messaging, or by recorded audio message, in excess of two such communications in each seven-day period to either the prospective student's residence, business or work telephone, cellular telephone, or other telephone number provided by the student.
(10) Misrepresenting Role of Recruitment Personnel. It is an unfair or deceptive act or practice for a school to refer to salespersons or recruiters as "counselors" or "advisors" or to imply that a salesperson or recruiter is an academic advisor or counselor, when:
1. (a) the primary role of such person is to sell the school's programs or enroll students in the school; or
2. (b) such person is evaluated or compensated in any part based on student recruitment.
(11) Misrepresenting Right to Cancel. It is an unfair or deceptive act or practice for a school to misrepresent in any manner the student's right to cancel.