EDUCATION QUALITY ASSURANCE POLICY & PROCEDURES MANUAL Updated: October 17, 2014 Ministry of Advanced Education Page 1
Introduction Education Quality Assurance (EQA) is a designation available to all eligible post-secondary institutions in British Columbia. To receive EQA designation, an institution must meet or exceed recognized quality assurance standards as set out in the Eligibility Requirements section of this Manual, be in good standing with both the Ministry and the applicable quality assurance/regulatory body(ies), and meet EQA designation suitability requirements. This Policy and Procedures Manual sets out the criteria, requirements and obligations of institutions applying for or holding EQA designation. Failure to comply with the terms of this Manual can result in ineligibility for EQA designation (in the case of an applicant) or termination of designation (in the case of a currently designated institution). All EQA designated institutions are expected to be committed to the principles and practices of quality assurance in post-secondary education and must comply with the Standards of Conduct as set out in Appendix 1. The EQA brand consists of provincial certification marks. These marks, and the terms of their use, are set out in Appendix 2. All institutions applying for and maintaining EQA designation must agree to comply with these terms of use. This Policy and Procedures Manual is subject to updates by the Ministry from time to time as required. EQA designated institutions and institutions considering seeking EQA designation are responsible for ensuring they are using the current version of this document. The current version can be found on the Ministry s website. Contact Information Governance and Quality Assurance Branch Ministry of Advanced Education PO Box 9883 STN PROV GOVT Victoria, BC V8W 9T6 Telephone: 250-356-5406 Facsimile: 250-387-3750 E-mail: EQA@gov.bc.ca Website: www.aved.gov.bc.ca/education_quality_assurance/welcome.htm Application Institutions must ensure they meet all of the requirements set out in the Eligibility Requirements section of this Manual prior to submitting an application and fees for EQA designation. Any questions relating to eligibility requirements not covered in this Manual should be referred to the Ministry for consideration. Each legal entity must apply separately for EQA designation and clearly identify the names under which it does business. The Ministry s review will consider an applicant s good standing and EQA designation suitability. Please refer to the Eligibility Requirements section for important information about designation suitability. By submitting an application, applicants acknowledge that the Ministry may contact third parties, including any applicable quality assurance/regulatory body(ies), to inform this review. Page 2
The Ministry will inform applicants of its decision in writing and, in the case of unsuccessful applications, the reasons for the denial of EQA designation. Designation decisions are not subject to reconsiderations or appeals. Unsuccessful applicants may not re-apply for EQA designation for a period of one year from the date the decision is made. Collection of Institutional Information For the purposes of the Ministry review, all applicants must provide: institutional profile information that may be used for research, reporting or statistical purposes, as it relates to the administration of EQA, and use of the brand; information regarding the owners, directors and officers of the organization; and evidence of collaborative or partnership relationships that owners may have with other post-secondary institutions. Where such relationships exist, applicants must disclose any instances of non-compliance with legislation governing those institutions and any applicable quality assurance/regulatory body(ies). Information collected is subject to the Open Information and Open Data Policy that encourages routine release of government information while ensuring the protection of personal information and other confidential information. Fees Application Fee Annual Designation Fee May 1 st of each designation year Initial Application (Institutions without EQA) $300 $1,500* Annual Designation (Institutions with EQA) N/A $1,500 *Upon initial application for EQA designation, institutions will pay a pro-rated amount of the annual designation fee for the portion remaining of the current designation year. All Fees are non-refundable. Eligibility Requirements Only British Columbia based post-secondary institutions are eligible for EQA designation. This means: 1. The institution must be a legal entity operating in British Columbia as: a. Established under an Act of the British Columbia legislature; and/or b. A society operating under the BC Society Act or as a corporation under the Canada Not-for-profit Corporations Act; and/or c. A corporation operating under the BC Business Corporations Act or the Canada Business Corporations Act, 2. The institution must provide and deliver an educational program in British Columbia; Page 3
3. An Institution must have been in operation and authorized to deliver programs in British Columbia for a minimum of one year immediately prior to its application; 4. The institution must not be offering programs in British Columbia in a partnership or affiliation with an institution that does not have EQA designation; 5. The institution is required to meet the recognized quality assurance standards applicable to the type of programming offered, as determined by the Ministry. Branches or campuses located outside of British Columbia are not eligible for EQA or use of the EQA brand. Non-EQA designated institutions that have partnerships or affiliations with EQA designated institutions are not eligible for EQA or use of the EQA brand. Institutions are required to meet the following quality assurance standards for the purposes of meeting EQA eligibility requirements: Type of Institution Public Institutions Private Degree Granting Institutions Private Career Training Institutions Private Academic or Faith-based (non-degree granting) Institutions Private Language Training (ESL) Institutions Private Faith-based Degree Granting Institutions Recognized Quality Assurance Standards Meeting required standards as set by legislation. Meeting the required quality assessment standards and having Minister s consent under the Degree Authorization Act; and In good standing with the Ministry. Meeting quality assurance (accreditation) standards as set out under the Private Career Training Institutions Act, Regulation and Bylaws; In good standing with the Private Career Training Institutions Agency (PCTIA); and In good standing with the Ministry. Meeting PCTIA quality assurance (accreditation) standards (as indicated above for private career training institutions); In good standing with PCTIA; and In good standing with the Ministry. Meeting PCTIA quality assurance (accreditation) standards (as indicated above for private career training institutions); In good standing with PCTIA; and In good standing with the Ministry. Established under a Private Act of the British Columbia legislature with authority to grant theological degrees only; Meeting established quality assurance standards undertaken by the Ministry; Posting financial protection with the Ministry; and In good standing with the Ministry. Page 4
Good Standing General Institutions must be in good standing with the Ministry in order to meet EQA eligibility requirements and to maintain their EQA designation. An EQA institution will be considered Not in Good Standing if the institution is: found to be misusing the EQA brand in relation to any campus locations or programs that have not been included in the application or that are offered in the following way: o by branches or campuses of the institution that are located outside of British Columbia; o as part of a partnership or affiliation agreement with any institution that is not a British Columbia institution; or o as part of a partnership or affiliation with an institution that does not have EQA designation; in contravention of the Business Corporations Act by being not in good standing with the Corporate Registry; in contravention of the Immigration and Refugee Protection Act and/or its Regulations; in non-compliance with the Federal-Provincial/Territorial Imagine Education au/in Canada Brand eligibility framework; or considered not in good standing with any applicable quality assurance/regulatory body(ies). StudentAid BC Designation An institution with StudentAid BC designation must meet all requirements identified in the Achieving StudentAid BC Designation and Maintaining Designation sections of the StudentAid BC Policy Manual located on the StudentAid BC website. The institution must continuously comply with requirements specified in the Designation Agreement including adhering to StudentAid BC policies and procedures. An institution is considered Not in Good Standing if it has been assessed by the Ministry and determined to be of high financial risk and/or has had its StudentAid BC Designation terminated for any reason other than: voluntary termination; no longer having programs meeting the required program length; or no students from that institution having applied for loan funding in the last 3 years. Institutions with consent under the Degree Authorization Act An institution operating under ministerial consent is considered Not in Good Standing if: the institution is found to be in contravention of one or more of the Standard Terms and Conditions of Consent or Special Terms and Conditions of Consent under the Degree Authorization Act; and/or Regulations; the institution is found to be in contravention of the legislative requirements of the Degree Authorization Act; and/or Regulations; or the institution has Special Terms and Conditions of Consent that would prohibit the institution from enrolling students. Page 5
Institutions accredited with the Private Career Training Institutions Agency An institution accredited with the Private Career Training Institutions Agency (PCTIA) is considered Not in Good Standing if either its registration and/or accreditation has been suspended or cancelled by PCTIA. Private Faith-based Degree Granting Institutions An institution is considered Not in Good Standing if: the institution is found to be not maintaining established quality assurance standards as determined by the Ministry; or the institution has not maintained adequate financial security in accordance with Ministry requirements. Institutions enrolling International Students An institution enrolling international students with study permits is considered Not in Good Standing if the institution is not reporting on and monitoring enrolment of international students according with reporting standards established by Citizenship and Immigration Canada. EQA Designation Suitability In addition to the Eligibility Requirements set out above, the Ministry will determine, on an individual case basis, whether the applicant 1 or designated institution is considered suitable to hold the EQA designation. In assessing designation suitability, the Ministry may give consideration to the following factors: any person or entity with a decision making role at the institution found to be involved in criminal activities or activities that contravene a statute; any suspensions or other actions taken by quality assurance/regulatory body(ies) or governments that have authority to review or make determinations about the institution, its programs or students attending its programs; any current or past practices of the applicant assessed in previous EQA reviews that demonstrated the organizational culture is not conducive to operating a high-quality educational enterprise; student complaints made about the institution to the Ministry, quality assurance body(ies), human rights tribunal, legal system, etc. that have been upheld by the quality assurance body(ies), through tribunals/legal means (or a body of appropriate authority); previous termination of StudentAid BC designation of the institution; the financial integrity of the institution, including its sources of funding; any outstanding, related civil judgments against the institution; any ongoing, relevant legal proceedings involving the institution; any false or misleading statements made by the institution and its representatives during the EQA designation process. If the Ministry has concerns about designation suitability, the Ministry will write to the institution, setting out the nature of the concern(s), and provide the institution with an opportunity to respond before making the determination as to suitability. 1 For the purposes of this section, in the case of a private institution, the words applicant and institution means the applicant institution, legal entity, and/or its owner(s). Page 6
Maintaining EQA Designation Institutions must reapply annually to maintain their EQA designation. The Ministry will review good standing, assess designation suitability and determine whether an institution continues to meet all eligibility requirements and to comply with the Standards of Conduct. EQA will be automatically terminated if an institution does not submit payment and/or updated institutional profile information indicating the institution s intention to reapply for EQA designation and its continued acceptance of the terms and conditions for use of the EQA brand. This will be considered voluntary termination. Institutions whose EQA designation has been so terminated will receive written confirmation indicating that they are no longer designated and must discontinue use of the EQA brand. The applicable quality assurance/regulatory body(ies) will be copied on all communication. Should an institution s designation be terminated for any reason other than voluntarily as noted above, the institution may not re-apply for a period of one year. Designation decisions are not subject to reconsiderations or appeals. Substantive or Material Change Institutions must inform the Ministry of any substantive or material change in circumstances that may affect its EQA designation or use of the EQA brand. Substantive or material changes include, but are not limited to: new program offerings that fall outside the institution s existing quality assurance/regulatory body s authority; ownership or senior leadership changes; change in corporate structure or name of legal entity; additional campus(es); collaborative arrangements or partnerships with other institutions; civil judgments or legal actions against the institution or owner(s); suspensions or other actions taken by the applicable quality assurance/regulatory body(ies) or government(s). The Ministry will assess and advise the institution whether the changes will impact the institution s EQA designation. Any questions relating to what may constitute a substantive or material change will be referred to the Ministry for consideration and decision. EQA Brand Terms of Use/Misuse Use of the brand is restricted to institutions with EQA designation. Institutions must use the EQA brand in compliance with the certification mark terms of use outlined in Appendix 2. Brand misuse by an EQA designated institution will result in an institution losing its good standing with the Ministry and, therefore, its EQA designation. Page 7
Monitoring EQA designated institutions will be monitored to ensure they remain in good standing, continue to meet the requirements for EQA designation and comply with the Standards of Conduct. In all cases, the Ministry may determine whether a review is required to ensure an institution is continuing to meet EQA designation and suitability requirements, comply with the Standards of Conduct and abide by the terms of use for the EQA brand. Termination of EQA Designation An institution may choose to have its EQA designation terminated at any time or by not reapplying for designation on an annual basis. This is considered voluntary termination. An institution s designation will be terminated if it no longer meets the eligibility requirements set by the Ministry and/or is not in good standing with the Ministry or the applicable quality assurance/regulatory body(ies), and/or no longer meets EQA designation suitability requirements, and/or has not complied with the Standards of Conduct. This is considered nonvoluntary termination. An institution whose EQA designation has been terminated for any reason must immediately discontinue its use of the EQA brand and is removed from the EQA Registry. An institution whose EQA designation has been terminated for any reason other than voluntarily as noted above may not re-apply for a period of one year. An institution re-applying under such circumstances will undergo the application process in the same manner as first-time applicants. Page 8
Appendix 1 Standards of Conduct The Ministry advocates the promotion of ethical and professional behaviour by EQA designated institutions in British Columbia. The following Standards of Conduct, while not exhaustive, are based on the principles of integrity, honesty, openness and concern for the public interest and provide a summary of some of the important principles guiding EQA designated institutions to ensure that high standards of ethics and integrity are maintained. An EQA designated institution must: act in compliance with all applicable federal, provincial and local laws and regulations; not engage in advertising or make a representation that is false, deceptive or misleading. Deceptive advertising includes but is not limited to an oral, written, electronic, Internet, visual, descriptive or other representation that has the capability, tendency or effect of deceiving or misleading a student; ensure that any person or entity engaged in advertising, admissions or recruitment activities on its behalf makes available and is communicating current and accurate information regarding the institution s quality assurance requirements, admissions policies, language proficiency requirements, credential assessment, courses and programs, services, tuition, refund policies, terms, grading and academic standing policies, and operating policies; ensure integrity and ethical conduct through the availability of full, accurate and truthful material regarding its operations, regulatory authority, program offerings and policies affecting prospective and current students; value and uphold integrity and ethical conduct in its relations with students and the general public; refrain from any conduct that is likely to damage the interests or reputation of British Columbia s post-secondary education system or that is in conflict with the public good. EQA designated institutions will implement and maintain internal quality controls designed to ensure compliance with these Standards. The Ministry may revoke an institution s EQA designation for non-compliance with these Standards of Conduct. All EQA designated institutions must be committed to the principles and practices of quality assurance in post-secondary education and must agree in writing, as part of the application process, that they have read and understood the Standards of Conduct and that they will comply with the Standards of Conduct in all respects. Page 9
Appendix 2 EQA CERTIFICATION MARK TERMS OF USE The Province of British Columbia (the Province ) will grant to an institution ( Institution ) that meets, and continues to meet, the Education Quality Assurance ( EQA ) eligibility requirements and standards published by the Province in its EQA Policy and Procedure Manual (the Standards ), a fully prepaid, royalty free, worldwide, non-exclusive license ( License ) to use any or all of the Province s certification marks set out in Section 25 below (the Marks ) during the Term, in accordance with these Terms of Use: 1. Duration The License will be effective commencing on the date of first authorized use of any of the Marks by the Institution and will continue in effect until terminated in accordance with Section 12 below (the Term ). 2. General Use and Prohibition The Institution will only use, display or reproduce the Marks in association with the provision of post-secondary education services (the Services ) that have a character and quality that conforms with the Standards, and only in a way that is expressly permitted by these Terms of Use, the Standards or otherwise by the Province in writing, and not in any other manner. 3. Standards The Standards may be updated or amended by the Province, in its sole discretion, from time to time and will be posted by the Province at the following URL: www.aved.gov.bc.ca/education_quality_assurance/docs/manual.pdf (the Website ). The Institution must monitor and at all times remain in full compliance with the most current version of the Standards as found on the Website. 4. Reproduction During the Term the Institution may, in accordance with the Standards, use the Marks on or in association with: signage, advertising and promotional materials that relate directly to the Institution s provision of the Services or participation in the EQA program (the Program ); and Internet websites that promote the business of the Institution, the Institution s participation in the Program or its provision of the Services. 5. Internet and Telecommunication Designators The Institution must not use, display or reproduce any of the Marks, or any words, designs, characters, or symbols that are confusing with or are derived from the Marks, as part of any Internet domain name, universal resource locator, telephone number, address, or any other designator (collectively, Designators ) except as expressly permitted by the Province in advance in writing. 6. Ownership The Province is the owner of the Marks and all goodwill associated with or appurtenant to the Marks. All the benefit and goodwill associated with use of the Marks will at all times ensure entirely to the Province and the Institution will absolutely and irrevocably assign to the Province all right, title and interest throughout the world that it may have or acquire in the Marks, including all related goodwill, other than the Institution s rights to use the Marks under the License. 7. Cooperation The Institution will, as reasonably requested by the Province from time to time, cooperate with Province for the purpose of: (c) registering or recording the Marks in the Province s name; registering or recording the License or notice of the License; and protecting, preserving and enhancing the Marks and the Province s interest therein. Page 10
8. Verification Promptly when requested by the Province to do so, the Institution will: provide the Province with samples of materials prepared by, for or with the permission of the Institution that bears or refers to any of the Marks; and comply with all further policies, specifications, regulations and standards authorized or stipulated by the Province from time to time forthwith upon being notified of same. 9. Notice of License When the Marks are displayed or used by the Institution, the Institution will, whenever possible, indicate in association with the Services and all signage, advertising and promotional materials associated therewith, including Internet websites, that the Marks are being reproduced and used under license from the Province in association with the Program. 10. Good Faith Covenants The Institution will not do anything or omit to do anything that might impair, jeopardize, violate, or infringe the Marks or the Province s interest in the Marks, including but not limited to: opposing, contesting or in any other manner challenging the validity of the Marks or the Province s interest in the Marks; and unless authorized in writing by the Province, claiming, using, displaying, reproducing or applying to register any trade-mark, trade name, Designator, copyright or design that is identical to or confusing with, or that is derived from or based on, any of the Marks. The Institution will not assist, permit, or encourage any other person or entity to do any of the above. 11. Retained Rights Nothing in these Terms of Use will prevent the Province from licensing others to use the Marks in any manner, as it sees fit, including in association with the Program or as part of a business name or a domain name, or registering any of the Marks as a trade-mark in association with wares. When requested by the Province to do so, the Institution will promptly execute and deliver to the Province any written consents or other instruments that the Province, acting reasonably, considers necessary or useful to exercise its retained rights in the Marks. 12. Termination The License: (c) (d) will terminate immediately upon the Institution failing to comply with the administrative or Program requirements necessary to continue to be eligible to participate in the Program, including payment of the annual Program designation fees, if so required, or failing to continue to meet the Standards, as may be amended by the Province from time to time; may be terminated by the Province if the Institution defaults in observing or performing any of its material obligations set out in the Standards or these Terms of Use and fails to correct the default within 10 calendar days after receiving a written demand from the Province to do so, by giving the Institution written notice of termination which will be effective upon delivery to the Institution; may be terminated by the Institution for its own convenience, by giving the Province written notice of termination, which will be effective on receipt by the Province; and will terminate immediately upon the Institution becoming insolvent, having a receiver or a receiver/manager appointed for any part of its property, being adjudicated Bankrupt or entering into any composition or arrangement with its creditors. 13. Effect of Termination Forthwith upon termination of the License for any reason: the Institution will cease all reproduction and use of the Marks including any trade-marks, trade names, designs and Designators that are confusing with any of the Marks or that are derived from or based on any of the Marks; Page 11
(c) as directed by the Province, the Institution will permanently delete the Marks from all signs and other physical or electronic material in its possession or control that bears or refers to the Marks (including plates and other means for reproducing the Marks) but if the Institution cannot or prefers not to do that, the Institution will deliver all items bearing the Marks to the Province; and as directed by the Province, the Institution will permanently erase or delete the Marks from all Internet websites, internal networks and Designators controlled by the Institution or by others on behalf of the Institution, including reproduction of Marks in meta-tags and key words that appear on, are displayed by, or are embedded in websites and networks. 14. Infringements If, during the subsistence of the License, the Institution becomes aware that any other party (other than an affiliate or licensee of the Province) is using a trade name, Designator, trade-mark, get-up of goods, or mode of advertising or promotion that might reasonably amount to infringement, unfair competition, passing off or cybersquatting in respect of any of the Marks, the Institution will promptly report such activities to the Province. 15. Claims by Others If the Institution learns that any person or entity is alleging that any of the Marks is invalid, infringes the rights of any party, or is open to any other form of attack, the Institution will not make any admissions in respect of the allegation and will promptly report the matter to the Province. 16. Proceedings The Province will have the right, but not the obligation, to control and direct the conduct of all legal proceedings and negotiations with third parties relating to the Marks except: if a third party carries on an activity that might constitute infringement, passing-off or unfair competition in respect of any of the Marks and the Province does not initiate proceedings against that third party within one month after the Institution requests the Province to do so, then; (i) entirely at its own expense, the Institution may institute proceedings against that third party in respect of its own interests; and (ii) the Institution will indemnify and save harmless the Province from and against all expenses, costs, damages, and liabilities that the Province incurs in connection with any proceeding that the Institution initiates against any such third parties; and subject to the provisions contained in Section 15, the Institution may defend itself at all times from actions brought by others. The Province may, in its absolute discretion, choose not to defend or prosecute any actions or any other proceedings with third parties that relate to the Marks and it will have no liability to the Institution for failing to defend or prosecute any such actions or proceedings. 17. Assignment The Institution will not assign, grant or give to a third party, including to any successor of the Institution, any type of interest in the License or the Marks, or authorize any third party to use, display or reproduce the Marks, without first obtaining the written consent of the Province, which may be withheld for any reason or without reason. If the Province s consent is given on any particular occasion, further consent will be required for every subsequent occasion. 18. Disclaimer The Province makes no representations or warranties to the Institution regarding the Marks, including those regarding ownership and whether or not the Marks infringe the rights of third parties. The Institution waives all claims against the Province regarding the Marks that it would have or might acquire but for the foregoing disclaimer. Page 12
19. Indemnity The Institution will indemnify and save harmless the Province from and against any and all damages, injuries, liabilities, costs and expenses, including but not restricted to actual legal fees and costs, that may be incurred by the Province or claimed by any third parties against the Province in connection with any of the Services or business of the Institution or any negligent or wrongful conduct of the Institution, including misuse by it of the Marks. 20. Time/Waiver The timely performance and observance of the parties obligations set out in these Terms of Use is an essential condition and: (c) if the Province waives a particular default of the Institution, that will not affect or impair the rights of the Province regarding any other default of the Institution; if the Province delays or fails to exercise any rights in connection with a default of the Institution, that will not affect or impair the rights of the Province regarding that event of any other default of the Institution; and in any event, the timely performance and observance by the Institution of its obligations will continue to be an essential condition without the need for specific reinstatement following particular waivers, extensions, or delays. 21. Law/Dispute Resolution These Terms of Use and the relationship of the parties as contemplated herein will be governed by and interpreted in accordance with the laws prevailing in the Province of British Columbia and all disputes will be finally settled in the Supreme Court of British Columbia sitting in the City of Victoria, British Columbia. 22. Implementing Intent The parties will execute and deliver to each other any additional instruments and take any additional steps that may be required to give full effect to the intent expressed in these Terms of Use. 23. Notice All notices and other communication that the parties give each other in connection with these Terms of Use will be in writing and will be deemed given if delivered by hand, double registered mail, or fax to the recipient at its common business address or at such other address or telecommunication number of which the party gives the other notice. Proof of delivery in that manner will constitute proof of receipt. 24. Entire Agreement These Terms of Use supersede all prior agreements and understandings of the parties regarding the Institution s use of the Marks. This document and any documents specifically referred to herein contain the entire understanding between the parties and, except as expressly set out herein, may not be varied except by written instrument signed by both parties. 25. Marks The Marks referred to and included under these Terms of Use are: (c) EDUCATION QUALITY ASSURANCE ; EQA ; and EDUCATION QUALITY ASSURANCE EQA & Design: Page 13