Guam § 44102 - Definitions.

§ 44102. Definitions.

As used in this Chapter, the following terms apply:

(a) Accreditation means accredited status awarded to an

institution by an accrediting agency or association that is recognized

by the United States Department of Education and that has standards

comparable to the minimum standards required to operate an

educational institution at that level in this Territory.

(b) Agent means any person who, at a place away from the

principal school premises or site of instruction, whose primary task is

to serve as a paid recruiter, while owning an interest in, employed by

or representing for remuneration or other consideration a private post-

secondary educational institution offers or attempts to secure

enrollment of any person within the Territory of Guam and accepts

application fees or admission fees for education in an institution.

(c) Avocational means a course or program the objective of which

is not occupational, but is only for personal enrichment or enjoyment.

To be classified as avocational, a program must:

(1) Prior to enrollment, provide to each enrollee, and

maintain a record copy of, a written statement that includes the

following or substantially similar language: “This program is not

designed or intended to qualify its participants and graduates for

employment. It is solely for the avocation, personal enrichment,

and enjoyment of its participants.”

(2) Not make any other verbal or written statement that

negates the required written statement by stating or implying that

people who enroll in or complete the program have a more

substantial likelihood of obtaining employment in the field to

which the training pertains than people who do not.

(d) Council means the Council on Post-secondary Institution

Certification established by § 44104 of this Chapter.

(e) Degree means any academic degree or honorary degree or title

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of any designation, mark, appellation, series of letters or words such

as, but not limited to, associate, bachelor, master, doctor or fellow

which signified, purports or is generally taken to signify satisfactory

completion of the requirements of an academic, educational,

technological or professional program of study beyond the secondary

school level or is an honorary title conferred for recognition of some

meritorious achievement.

(f) Diploma means any diploma, certificate, transcript, document

or other writing which indicates enrollment in or completion of a

course of study other than a degree.

(g) Education or education services includes, but is not limited to,

any class, course or program of training, instruction or study.

(h) In-service, continuing education, or professional development

means training provided by:

(1) A trade or professional association or a group of

employers in the same or related business who offer training and

provide only professional development programs to bona fide

employees or contractors of an employer who is a member of the

association or employers who qualify for membership;

(2) A labor union or group of labor unions that offer training

to and trains only those persons who are dues-paying members of

the participating labor union;

(3) An independent contractor engaged by the labor union or

group of labor unions, by written contract, to provide the training

on its behalf exclusively to those who are selected by the labor

union or group of labor unions that engaged the contractor and

who are dues-paying members of that union; or

(4) A person or entity offering only continuing education

programs to persons who engage in an occupation or profession

whose practitioners are subject to licensure, certification, or

registration by a state agency that recognizes the programs for

continuing education purposes and provides a written statement

of the recognition.

(i) Out-of-territory college/university or out-of-territory school

means any private post-secondary educational institution where the

place of instruction, the legal place of residence, or the place of

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evaluation of instruction or work by correspondence or distance

education is not within the legal boundaries of this Territory.

(j) To offer includes, in addition to its usual meanings,

advertising, publicizing, soliciting or encouraging any person, directly

or indirectly, in any form, to perform the act described.

(k) To operate an educational institution, or like term, means to

establish, keep, or maintain any facility or location in this Territory

where, from or through which services are offered or educational

degrees or diplomas are offered or granted.

(l) Private Post-secondary Institution or institution means any

nonpublic post-secondary non-collegiate educational institution,

association, corporation, person, partnership, or organization of any

type from the United States or from abroad which:

(1) Offers to provide or provides any complete, or

substantially complete, post-secondary program of instruction

through the student’s personal attendance; in the presence of an

instructor; in a classroom, clinical, or other practicum setting; or

through correspondence or other distance education;

(2) Represents, directly or by implication, that the instruction

will qualify the student for employment in an occupation for

which a degree is not required in order to practice in this

Territory;

(3) Receives remuneration from the student or any other

source based on the enrollment of a student or the number of

students enrolled; or

(4) Offers to award or awards a diploma, regardless of

whether it conducts instruction or receives remuneration.