§ 23.1-228 — Violations; penalties; remedies

Virginia § 23.1-228

• Jurisdiction: Virginia
• Title 23.1: INSTITUTIONS OF HIGHER EDUCATION; OTHER EDUCATIONAL AND CULTURAL INSTITUTIONS
• Subtitle I: GENERAL PROVISIONS
• Ch. 2: STATE COUNCIL OF HIGHER EDUCATION FOR VIRGINIA
• Art. 3: REGULATION OF CERTAIN PRIVATE AND OUT-OF-STATE INSTITUTIONS OF HIGHER EDUCATION

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A. Violations of this article or the Council's implementing regulations are punishable as a Class 1 misdemeanor. Each degree, certificate, program, academic transcript, or course of study offered, conferred, or used in violation of this article or the Council's regulations shall constitute a separate offense.

B. If no criminal prosecution is instituted against such postsecondary school pursuant to subsection A, the Council may recover a civil penalty of at least $200 but not more than $1,000 per separate offense set forth in subsection A. In no event shall the civil penalties against any one person, corporation, or other entity exceed $25,000 per year.

C. The Council may institute a proceeding in equity to enjoin any violation of this article or its implementing regulations and upon substantially prevailing on the merits of the case and unless special circumstances would render such an award unjust, the Council is entitled to an award of reasonable attorney fees and costs in any such action.

Legislative History

Code 1950, § 23-273; 1980, c. 658; 2002, c. 178, § 23-276.12; 2006, c. 48; 2008, c. 856; 2016, c. 588.