OAR 715-045-0023: Complaints against Private Career Schools

(1) Each school shall implement a process for the prompt resolution of a written complaint by a student of the school. Unless specifically provided by state or federal law or administrative rule, the decision of the school shall be final. (2) Complaints filed on behalf of or by a student against a school must be postmarked or received electronically within one year of the date the student exhausted the school’s grievance process, or within one year of the student’s last date of attendance, whichever is later. (3) If the complaint alleges a violation of Oregon Revised Statutes, ORS 345.010 to 345.070 or standards of OAR 715-045-0006 through 715-045-0220, the complainant may submit a written complaint to the Higher Education Coordinating Commission, after exhausting the school’s procedures or after 45 days from filing a written complaint with the school, whichever occurs first. The complaint shall be in writing and shall contain: (a) The complainant’s name, phone number, and signature; (b) School name and location; (c) A brief statement describing the alleged violation of statute, administrative rule, or school policy; (d) Facts detailing the basis of the complaint, dates of attendance, date of occurrence, names and positions of school officials contacted, financial loss, if any, and any other pertinent information; (e) An explanation of what efforts have been taken to resolve the problem with the school, if any; and (f) Copies of pertinent documents, such as the enrollment agreement, catalog and advertisements. (4)(a) After receipt of a complaint or other allegation that a school has failed or is failing to comply with the provisions of any laws or rules, the commission’s executive director or designee shall conduct an investigation. (b) The investigation conducted by the commission shall be conducted in the manner prescribed by OAR 715-011-0070. (5) The executive director shall notify the complainant and the school of the findings resulting from the investigation. (6) The Commission may impose penalties as defined in OAR 715-045-0190 if the school is found to be in violation of any standard or rules. (7) Sections (1) and (2) of this rule do not limit the statutory authority of the commission to investigate a school on the commission’s own motion. (8) At the request of the executive director, complaints may be resolved with the assistance of such other parties as the Oregon Department of Justice, U.S. Department of Education, and other appropriate organizations and/or individuals.