2013 South Carolina Code of Laws
Title 59 - Education
CHAPTER 58 - NONPUBLIC POST-SECONDARY INSTITUTION LICENSING
SECTION 59-58-20. Definitions.

As used in this chapter:

(1) "Commission" means the South Carolina Commission on Higher Education.

(2) "Agency" means the South Carolina Commission on Higher Education.

(3) "Commissioner" means the Chief Executive Officer of the South Carolina Commission on Higher Education, or a person designated by the commissioner to administer the provisions of this chapter.

(4) "Nonpublic educational institution" includes, but is not limited to, any educational entity operating or soliciting in South Carolina and is not owned or operated in whole or in part by the State of South Carolina offering resident or correspondence courses beyond the secondary school level to students upon the payment of tuition or fees.

(5) "Program" means an organized unit of subject matter in which instruction is offered within a given time and for which credit is given toward completion of training toward a predetermined occupational or academic credential.

(6) "Degree" includes, but is not limited to, any academic credential or designation not less than, but including associate, bachelor, master, doctor, or fellow, whether earned or honorary, which signifies, purports, or is generally taken to signify partial or satisfactory completion of the requirements of an academic, occupational, business, or other program of study beyond the secondary school level.

(7) "Occupational objective" includes a certificate or diploma without any academic designation that may be used to signify partial or satisfactory completion of educational training oriented toward a specific occupation or skill taught in a course or program of study beyond the secondary school level.

(8) "Degree-granting institution" includes, but is not limited to, any nonpublic educational institution awarding, selling, conferring, bestowing, or giving, or purporting to award, sell, confer, bestow, or give a degree as defined in this chapter.

(9) "License" means an agency permit, approval, or some similar form of written permission.

(10) "Salesman", "agent", or "solicitor" means a person who, for remuneration, enrolls or seeks to enroll, away from the nonpublic educational institution's premises, a resident of South Carolina in courses or programs of instruction or study offered by the nonpublic educational institution. Administrators and faculty who make informational public appearances to include appearances at high school recruiting fairs, but whose primary task does not include service as a paid recruiter, are exempted from this definition.

(11) "Agent permit" means a nontransferable written authorization issued to a natural person, pursuant to the provisions of this chapter, to solicit persons residing in South Carolina to enroll in courses or programs of instruction offered by nonpublic educational institutions.

(12) "Revoke" means to rescind, cancel, or withdraw. Upon revocation of an institution's license, the institution must immediately cease operation.

(13) "Suspend" means to stop. During a period of suspension, the institution must immediately cease operation for a specified period.

(14) "Probation" means a specified period during which an institution cannot enroll, solicit, or recruit new students.

(15) "Person" means any individual, firm, partnership, association, organization, corporation, trust, or other legal entity or combination of the above.

(16) "Entity" includes, but is not limited to, a person or group of persons.

(17) "Operating or soliciting" means having actual presence within the State and includes for the purposes of application of this chapter:

(a) an instructional site within South Carolina whether owned, leased, rented, or provided without charge;

(b) instruction whether theoretical or clinical within or originating from South Carolina utilizing teachers, trainers, counselors, advisors, sponsors, or mentors;

(c) an agent, recruiter, in-state liaison personnel, institution, or business that solicits for enrollment or credits or for the award of an educational credential; and

(d) advertising, promotional material, or public solicitation in any form that targets South Carolina residents through distribution or advertising in the State.

(18) "Religious or theological training" is the awarding of nonacademic degrees, diplomas, or certificates with a specific theological, biblical, divinity, or other religious designation.

HISTORY: 1992 Act No. 497, Section 1; 2002 Act No. 284, Section 1; 2007 Act No. 20, Section 1, eff May 15, 2007.