(a) Accreditation means accredited status awarded to an institution by an accrediting agency or association that is recognized by the United States Department of Education and that has standards comparable to the minimum standards required to operate an educational institution at that level in this Territory.

(b) Agent means any person who, at a place away from the principal school premises or site of instruction, whose primary task is to serve as a paid recruiter, while owning an interest in, employed by or representing for remuneration or other consideration a private post- secondary educational institution offers or attempts to secure enrollment of any person within the Territory of Guam and accepts application fees or admission fees for education in an institution.

(c) Avocational means a course or program the objective of which is not occupational, but is only for personal enrichment or enjoyment. To be classified as avocational, a program must:

(1) Prior to enrollment, provide to each enrollee, and maintain a record copy of, a written statement that includes the following or substantially similar language: “”This program is not designed or intended to qualify its participants and graduates for employment. It is solely for the avocation, personal enrichment, and enjoyment of its participants.””

(2) Not make any other verbal or written statement that negates the required written statement by stating or implying that people who enroll in or complete the program have a more substantial likelihood of obtaining employment in the field to which the training pertains than people who do not.

(d) Council means the Council on Post-secondary Institution
Certification established by § 44104 of this Chapter.

(e) Degree means any academic degree or honorary degree or title

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of any designation, mark, appellation, series of letters or words such as, but not limited to, associate, bachelor, master, doctor or fellow which signified, purports or is generally taken to signify satisfactory completion of the requirements of an academic, educational, technological or professional program of study beyond the secondary school level or is an honorary title conferred for recognition of some meritorious achievement.

(f) Diploma means any diploma, certificate, transcript, document or other writing which indicates enrollment in or completion of a course of study other than a degree.

(g) Education or education services includes, but is not limited to,
any class, course or program of training, instruction or study.

(h) In-service, continuing education, or professional development
means training provided by:

(1) A trade or professional association or a group of employers in the same or related business who offer training and provide only professional development programs to bona fide employees or contractors of an employer who is a member of the association or employers who qualify for membership;

(2) A labor union or group of labor unions that offer training to and trains only those persons who are dues-paying members of the participating labor union;

(3) An independent contractor engaged by the labor union or group of labor unions, by written contract, to provide the training on its behalf exclusively to those who are selected by the labor union or group of labor unions that engaged the contractor and who are dues-paying members of that union; or

(4) A person or entity offering only continuing education programs to persons who engage in an occupation or profession whose practitioners are subject to licensure, certification, or registration by a state agency that recognizes the programs for continuing education purposes and provides a written statement of the recognition.

(i) Out-of-territory college/university or out-of-territory school means any private post-secondary educational institution where the place of instruction, the legal place of residence, or the place of

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evaluation of instruction or work by correspondence or distance education is not within the legal boundaries of this Territory.

(j) To offer includes, in addition to its usual meanings, advertising, publicizing, soliciting or encouraging any person, directly or indirectly, in any form, to perform the act described.

(k) To operate an educational institution, or like term, means to establish, keep, or maintain any facility or location in this Territory where, from or through which services are offered or educational degrees or diplomas are offered or granted.

(l) Private Post-secondary Institution or institution means any nonpublic post-secondary non-collegiate educational institution, association, corporation, person, partnership, or organization of any type from the United States or from abroad which:

(1) Offers to provide or provides any complete, or substantially complete, post-secondary program of instruction through the student’s personal attendance; in the presence of an instructor; in a classroom, clinical, or other practicum setting; or through correspondence or other distance education;

(2) Represents, directly or by implication, that the instruction will qualify the student for employment in an occupation for which a degree is not required in order to practice in this Territory;

(3) Receives remuneration from the student or any other source based on the enrollment of a student or the number of students enrolled; or

(4) Offers to award or awards a diploma, regardless of whether it conducts instruction or receives remuneration.