Common use of Physical presence standards Clause in Contracts

Physical presence standards. Generally, an institution has physical presence when it operates a campus, branch instructional facility whether leased or owned, or administrative office within the boundaries of a state. However, because the specific definitions of physical presence currently vary greatly from state to state, especially with regard to out-of-state institutions that seek to conduct any activity within another state, XXXX has established its own uniform standard for physical presence vs. distance education. For purposes of participation in XXXX, this standard applies, but it does not affect the application of existing state laws to colleges that choose to operate outside of XXXX or which are based in states that are not XXXX members. 1. For purposes of XXXX, an institution has physical presence and therefore must meet the state’s current non-XXXX requirements if it does any of these things in a state: a. Establishes a physical location for students to receive synchronous or asynchronous instruction; b. Requires students to physically meet in a location for instructional purposes more than twice per full-term (quarter or semester) course for a total of more than six hours; c. Establishes an administrative office; d. Provides information to students for the purpose of enrolling students, or provides student support services, from a physical site operated by or on behalf of the institution in the state; e. Offers a “short course” that requires more than 20 contact hours in one six-month period; f. Provides office space to instructional or non-instructional staff; g. Maintains a mailing address or phone exchange in a state. h. Carries out field study or field research located at a field station, research station or other physical site at which a faculty member or other institutional employee or contractor supervises or otherwise directs two or more students in an activity exceeding the allowable short course length set forth in Section 5.1.e and which either bears academic credit or is a requirement for a course or program. 2. An institution does not have physical presence, and is therefore covered by XXXX in XXXX member states, if it is only: a. Offering courses to individuals via distance education in ways that do not require students to gather physically in groups, excepting the special provisions in Section 5(1); b. Advertising to students whether through print, billboard, direct mail, internet, radio, television or other medium; c. Offering distance education courses on a military base or vessel if enrollment in such courses is limited to active and reserve military personnel, their dependents, and civilian employees of the installation; d. Maintaining a server, router or similar electronic service device housed in a facility that otherwise would not constitute physical presence (the presence of a server or similar pass- through switching device does not by itself constitute the offering of a course or program in that state); e. Having faculty, adjunct faculty, mentors, tutors, recruiters or other academic personnel residing in a member state and working from their homes or another private, non-institutional site, provided that such staff is not engaged in activities that would otherwise constitute physical presence as defined by these Policies and Standards; f. Holding proctored exams on behalf of the institution in the host state; g. Having contractual arrangements in the home or host state, e.g. procurement contracts or course offerings through consortium agreements; h. Operating limited supervised field experiences (See subsection 3); i. Using recruiters in a XXXX member state; (This provision is not restricted to recruiting for courses or programs offered under XXXX, and does include athletic recruiting.) j. Engaging in field trips to visit existing sites or facilities for academic purposes not involving the establishment of residential or instructional facilities.

Physical presence standards. Generally, an institution has physical presence when it operates a campus, branch instructional facility whether leased or owned, or administrative office within the boundaries of a state. However, because the specific definitions of physical presence currently vary greatly from state to state, especially with regard to out-of-state institutions that seek to conduct any activity within another state, XXXX has established its own uniform standard for physical presence vs. distance education. For purposes of participation in XXXX, this standard applies, but it does not affect the application of existing state laws to colleges that choose to operate outside of XXXX or which are based in states that are not XXXX SARA members. 1. For purposes of XXXX, an institution has physical presence and therefore must meet the state’s current non-XXXX requirements if it does any of these things in a state: a. Establishes a physical location for students to receive synchronous or asynchronous instruction; b. Requires students to physically meet in a location for instructional purposes more than twice per full-term (quarter or semester) course for a total of more than six hours; c. Establishes an administrative office; d. Provides information to students for the purpose of enrolling students, or provides student support services, from a physical site operated by or on behalf of the institution in the state; e. Offers a “short course” that requires more than 20 contact hours in one six-month periodhours; f. Provides office space to instructional or non-instructional staff; g. Maintains a mailing address or phone exchange in a state. h. Carries out field study or field research located at a field station, research station or other physical site at which a faculty member or other institutional employee or contractor supervises or otherwise directs two or more students in an activity exceeding the allowable short course length set forth in Section 5.1.e and which either bears academic credit or is a requirement for a course or program. 2. An institution does not have physical presence, and is therefore covered by XXXX in XXXX member states, if it is only: a. Offering courses to individuals via distance education in ways that do not require students to gather physically in groups, excepting the special provisions in Section 5(1); b. Advertising to students whether through print, billboard, direct mail, internet, radio, television or other medium; c. Offering distance education courses on a military base or vessel if enrollment in such courses is limited to active federal employees and reserve military personnel, their dependents, and civilian employees of the installationfamily members; d. Maintaining a server, router or similar electronic service device housed in a facility that otherwise would not constitute physical presence (the presence of a server or similar pass- through switching device does not by itself constitute the offering of a course or program in that state); e. Having faculty, adjunct faculty, mentors, tutors, recruiters or other academic personnel residing in a member state (the presence of instructional faculty in a state, when those faculty teach entirely via distance-education and working from never meet their homes or another privatestudents in person, non-institutional site, provided that such staff is does not engaged in activities that would otherwise constitute establish physical presence as defined by these Policies and Standardsfor purposes of this agreement); f. Holding proctored exams on behalf of the institution in the host state; g. Having contractual arrangements in the home or host state, e.g. procurement contracts or course offerings through consortium agreements;. h. Operating limited supervised field experiences (See subsection 3);. i. Using recruiters in a XXXX member state; . (This provision is not restricted to recruiting for courses or programs offered under XXXX, and does include athletic recruiting.) j. Engaging in field trips to visit existing sites or facilities for academic purposes not involving the establishment of residential or instructional facilities.

Physical presence standards. Generally, an institution has physical presence when it operates a campus, branch instructional facility whether leased or owned, or administrative office within the boundaries of a state. However, because the specific definitions of physical presence currently vary greatly from state to state, especially with regard to out-of-state institutions that seek to conduct any activity within another state, XXXX has established its own uniform standard for physical presence vs. distance education. For purposes of participation in XXXX, this standard applies, but it does not affect the application of existing state laws to colleges that choose to operate outside of XXXX or which are based in states that are not XXXX members. 1. For purposes of XXXX, an institution has physical presence and therefore must meet the state’s current non-XXXX requirements if it does any of these things in a state: a. Establishes a physical location for students to receive synchronous or asynchronous instruction; b. Requires students to physically meet in a location for instructional purposes more than twice per full-term (quarter or semester) course for a total of more than six hours; c. Establishes an administrative office; d. Provides information to students for the purpose of enrolling students, or provides student support services, from a physical site operated by or on behalf of the institution in the state; e. Offers a “short course” that requires more than 20 contact hours in one six-month periodhours; f. Provides office space to instructional or non-instructional staff; g. Maintains a mailing address or phone exchange in a state. h. Carries out field study or field research located at a field station, research station or other physical site at which a faculty member or other institutional employee or contractor supervises or otherwise directs two or more students in an activity exceeding the allowable short course length set forth in Section 5.1.e and which either bears academic credit or is a requirement for a course or program. 2. An institution does not have physical presence, and is therefore covered by XXXX in XXXX member states, if it is only: a. Offering courses to individuals via distance education in ways that do not require students to gather physically in groups, excepting the special provisions in Section 5(1); b. Advertising to students whether through print, billboard, direct mail, internet, radio, television or other medium; c. Offering distance education courses on a military base or vessel if enrollment in such courses is limited to active federal employees and reserve military personnel, their dependents, and civilian employees of the installationfamily members; d. Maintaining a server, router or similar electronic service device housed in a facility that otherwise would not constitute physical presence (the presence of a server or similar pass- through switching device does not by itself constitute the offering of a course or program in that state); e. Having faculty, adjunct faculty, mentors, tutors, recruiters or other academic personnel residing in a member state (the presence of instructional faculty in a state, when those faculty teach entirely via distance-education and working from never meet their homes or another privatestudents in person, non-institutional site, provided that such staff is does not engaged in activities that would otherwise constitute establish physical presence as defined by these Policies and Standardsfor purposes of this agreement); f. Holding proctored exams on behalf of the institution in the host state; g. Having contractual arrangements in the home or host state, e.g. procurement contracts or course offerings through consortium agreements;. h. Operating limited supervised field experiences (See subsection 3);. i. Using recruiters in a XXXX member state; . (This provision is not restricted to recruiting for courses or programs offered under XXXX, and does include athletic recruiting.) j. Engaging in field trips to visit existing sites or facilities for academic purposes not involving the establishment of residential or instructional facilities.

Physical presence standards. Generally, an institution has physical presence when it operates a campus, branch instructional facility whether leased or owned, or administrative office within the boundaries of a state. However, because the specific definitions of physical presence currently vary greatly from state to state, especially with regard to out-of-state institutions that seek to conduct any activity within another state, XXXX has established its own uniform standard for physical presence vs. distance education. For purposes of participation in XXXX, this standard applies, but it does not affect the application of existing state laws 3 The complete C-RAC framework and examples of good practices shall be made a part of the institutional application process. The numbering system used in this section is retained from the C-RAC framework. to colleges that choose to operate outside of XXXX or which are based in states that are not XXXX SARA members. 1. For purposes of XXXX, an institution has physical presence and therefore must meet the state’s current non-XXXX requirements if it does any of these things in a state: a. Establishes a physical location for students to receive synchronous or asynchronous instruction; b. Requires students to physically meet in a location for instructional purposes more than twice per full-term (quarter or semester) course for a total of more than six hours; c. Establishes an administrative office; d. Provides information to students for the purpose of enrolling students, or provides student support services, from a physical site operated by or on behalf of the institution in the state; e. Offers a “short course” that requires more than 20 contact hours in one six-month period; f. Provides office space to instructional or non-instructional staff; g. Maintains a mailing address or phone exchange in a state. h. Carries out field study or field research located at a field station, research station or other physical site at which a faculty member or other institutional employee or contractor supervises or otherwise directs two or more students in an activity exceeding the allowable short course length set forth in Section 5.1.e and which either bears academic credit or is a requirement for a course or program. 2. An institution does not have physical presence, and is therefore covered by XXXX in XXXX member states, if it is only: a. Offering courses to individuals via distance education in ways that do not require students to gather physically in groups, excepting the special provisions in Section 5(1); b. Advertising to students whether through print, billboard, direct mail, internet, radio, television or other medium; c. Offering distance education courses on a military base or vessel if enrollment in such courses is limited to active and reserve military personnel, their dependents, and civilian employees of the installation; d. Maintaining a server, router or similar electronic service device housed in a facility that otherwise would not constitute physical presence (the presence of a server or similar pass- through switching device does not by itself constitute the offering of a course or program in that state); e. Having faculty, adjunct faculty, mentors, tutors, recruiters or other academic personnel residing in a member state and working from their homes or another private, non-institutional site, provided that such staff is not engaged in activities that would otherwise constitute physical presence as defined by these Policies and Standards; f. Holding proctored exams on behalf of the institution in the host state; g. Having contractual arrangements in the home or host state, e.g. procurement contracts or course offerings through consortium agreements; h. Operating limited supervised field experiences (See subsection 3); i. Using recruiters in a XXXX member state; (This provision is not restricted to recruiting for courses or programs offered under XXXX, and does include athletic recruiting.) j. Engaging in field trips to visit existing sites or facilities for academic purposes not involving the establishment of residential or instructional facilities.

Physical presence standards. Generally, an institution has physical presence when it operates a campus, branch instructional facility whether leased or owned, or administrative office within the boundaries of a state. However, because the specific definitions of physical presence currently vary greatly from state to state, especially with regard to out-of-state institutions that seek to conduct any activity within another state, XXXX has established its own uniform standard for physical presence vs. distance education. For purposes of participation in XXXX, this standard applies, but it does not affect the application of existing state laws to colleges that choose to operate outside of XXXX or which are based in states that are not XXXX SARA members. 1. For purposes of XXXX, an institution has physical presence and therefore must meet the state’s current non-XXXX requirements if it does any of these things in a state: a. Establishes a physical location for students to receive synchronous or asynchronous instruction; b. Requires students to physically meet in a location for instructional purposes more than twice per full-term (quarter or semester) course for a total of more than six hours; c. Establishes an administrative office; d. Provides information to students for the purpose of enrolling students, or provides student support services, from a physical site operated by or on behalf of the institution in the state; e. Offers a “short course” that requires more than 20 contact hours in one six-month periodhours; f. Provides office space to instructional or non-instructional staff; g. Maintains a mailing address or phone exchange in a state. h. Carries out field study or field research located at a field station, research station or other physical site at which a faculty member or other institutional employee or contractor supervises or otherwise directs two or more students in an activity exceeding the allowable short course length set forth in Section 5.1.e and which either bears academic credit or is a requirement for a course or program. 2. An institution does not have physical presence, and is therefore covered by XXXX in XXXX member states, if it is only: a. Offering courses to individuals via distance education in ways that do not require students to gather physically in groups, excepting the special provisions in Section 5(16(1); b. Advertising to students whether through print, billboard, direct mail, internet, radio, television or other medium; c. Offering distance education courses on a military base or vessel if enrollment in such courses is limited to active federal employees and reserve military personnel, their dependents, and civilian employees of the installationfamily members; d. Maintaining a server, router or similar electronic service device housed in a facility that otherwise would not constitute physical presence (the presence of a server or similar pass- through switching device does not by itself constitute the offering of a course or program in that state); e. Having faculty, adjunct faculty, mentors, tutors, recruiters or other academic personnel residing in a member state (the presence of instructional faculty in a state, when those faculty teach entirely via distance-education and working from never meet their homes or another privatestudents in person, non-institutional site, provided that such staff is does not engaged in activities that would otherwise constitute establish physical presence as defined by these Policies and Standardsfor purposes of this agreement); f. Holding proctored exams on behalf of the institution in the host state; g. Having contractual arrangements in the home or host state. h. Offering educational field experiences for students, e.g. procurement contracts or course offerings through consortium agreementsincluding an educational field trip arranged for a group of students that are normally in residence at an institution in another state; h. i. Operating limited supervised field experiences. For purposes of this agreement, interstate supervised field experiences (See subsection 3); i. Using recruiters originating from campus-based programs in a XXXX member state are considered to be distance education and not to establish physical presence if they: A. place fewer than ten students from each program in a member state who are physically present simultaneously at a single facility or site in a host state; (This provision is , and B. do not restricted to recruiting for courses or programs offered under XXXX, involve any multi-year contract between a sending institution and does include athletic recruitinga field site.) j. Engaging in field trips to visit existing sites or facilities for academic purposes not involving the establishment of residential or instructional facilities.