§ 23-2-104 — Administration of article - complaints - injunctive proceedings

(1) The department shall administer this article pursuant to statute and appropriate
policies adopted by the commission.

(2) (a) The commission shall specify procedures by which a student or former
student of a private college or university or seminary or religious training institution
may file a complaint with the department concerning the institution in which the
student is or was enrolled. If a former student files a complaint, he or she must do
so within two years after discontinuing enrollment at the institution. The
department may investigate complaints based on a claim of a deceptive trade
practice as described in subsection (4) of this section. The department does not
have jurisdiction to consider complaints that infringe on the academic freedom or
religious freedom of, or question the curriculum content of, a private college or
university or seminary or religious training institution; except that the department
has jurisdiction to consider a complaint that pertains to the general education core
course requirements of a private college or university or seminary or religious
training institution, or to any of the specific core courses included in said
requirements, if the private college or university or seminary or religious training
institution chooses to seek transferability of its general education core courses
pursuant to section 23-1-125 (5).

(b) Upon receipt of a complaint, the department shall verify that the
complaint warrants investigation under the guidelines established by the
commission and as a deceptive trade practice. A complaint will warrant
investigation only when the student has exhausted all complaint and appeals
processes available at the institution. The department shall dismiss a complaint if it
does not warrant investigation under the commission's guidelines and is not a
deceptive trade practice. If the complaint warrants investigation, the department
shall first forward the complaint to the institution for a written response. The
institution shall have thirty days to respond in writing to the department and to
forward a copy of the response to the student. During the thirty-day period, the
institution may attempt to resolve the complaint with the student, and the
department shall assist in the efforts to resolve the complaint. If the department
determines at any time that a complaint no longer warrants investigation, the
department shall dismiss the complaint.

(c) If a complaint is not resolved during the thirty-day period, the department
may dismiss the complaint based on the institution's response, investigate the
complaint further, or recommend that the commission evaluate the merits of the
complaint. If the commission finds the complaint is meritorious, it may recommend
that the private college or university or seminary or religious training institution
take appropriate action to remedy the complaint.

(d) If the private college or university or seminary or religious training
institution does not take the action recommended by the commission, the
commission may forward the complaint and findings to the attorney general.

(3) The commission, acting through the attorney general, may proceed by
injunction against any violation of this article, but an injunction proceeding or an
order issued therein or as a result thereof shall not bar the imposition of any other
penalty for violation of this article.

(4) It is a deceptive trade practice for:

(a) An institution or agent to make or cause to be made any statement or
representation, oral, written, or visual, in connection with the offering of
educational services if the institution or agent knows or reasonably should have
known the statement or representation to be materially false, substantially
inaccurate, or materially misleading;

(b) An institution or agent to represent falsely or to deceptively conceal,
directly or by implication, through the use of a trade or business name, the fact that
an institution is a school;

(c) An institution or agent to adopt a name, trade name, or trademark that
represents falsely, directly or by implication, the quality, scope, nature, size, or
integrity of the institution or its educational services;

(d) An institution or agent to intentionally and materially represent falsely,
directly or by implication, that students who successfully complete a course or
program of instruction may transfer the credits earned to any institution of higher
education;

(e) An institution or agent to intentionally and materially represent falsely,
directly or by implication, in its advertising or promotional materials or in any other
manner, the size, location, facilities, or equipment of the institution; the number or
educational experience qualifications of its faculty; the extent or nature of any
approval received from any state agency; or the extent or nature of any
accreditation received from any accrediting agency or association;

(f) An institution or agent to provide prospective students with testimonials,
endorsements, or other information that has the tendency to materially mislead or
deceive prospective students or the public regarding current practices of the
institution;

(g) An agent representing an out-of-state school to represent, directly or by
implication, that the school is authorized by the state of Colorado or approved or
accredited by an accrediting agency or body when the institution has not been
authorized, approved, or accredited;

(h) An institution to designate or refer to its sales representatives by titles
that imply the sales representatives have training in academic counseling or
advising if they do not.

Legislative History

Source: L. 65: p. 1044, � 4. C.R.S. 1963: � 124-21-4. L. 78: Entire section amended, p. 375, � 2, effective July 1. L. 2008: Entire section amended, p. 1649, � 4, effective May 29. L. 2010: (2)(a) amended, (SB 10-108), ch. 301, p. 1429, � 2, effective May 27. L. 2012: Entire section amended, (HB 12-1155), ch. 255, p. 1296, � 17, effective August 8.