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No. of 2015

VIRGIN ISLANDS

HIGHER EDUCATION LICENSING ACT, 2015

ARRANGEMENT OF SECTIONS

Section

PART I PRELIMINARY

1. Short title and commencement. 2. Interpretation.

PART II ESTABLISHMENT, FUNCTIONS AND POWERS OF THE HIGHER EDUCATION

LICENSING BOARD 3. Establishment of the Board. 4. Designation of Secretary to the Board. 5. Functions of the Board. 6. Powers of the Board. 7. Meetings of the Board. 8. Tenure of office. 9. Disclosure of interests. 10. Remuneration of Board members. 11. Seal of the Board. 12. Annual report.

PART III

LICENSING OF HIGHER EDUCATION PROVIDERS

13. Requirements for licence. 14. Application for licence. 15. Review committee. 16. Requests for further information. 17. Matters to be considered by the Board. 18. Determination of applications. 19. Issuance of licence. 20. Power to limit licences granted or to grant exclusive licence. 21. Validity of licence.

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PART IV OBLIGATIONS OF LICENSED PROVIDERS

22. Conditions of licence. 23. Change in accreditation status to be notified.

PART V ENFORCEMENT

24. Grounds for enforcement action. 25. Enforcement action. 26. Procedure to be followed when taking enforcement action. 27. Appeals.

PART VI MISCELLANEOUS PROVISIONS

28. Accreditation. 29. Surveillance visits. 30. Recognition mark. 31. Recovery of fees. 32. Confidentiality. 33. Amendment of schedule. 34. Offences by bodies corporate. 35. Non-application. 36. Regulations. SCHEDULE 1 SCHEDULE 2 SCHEDULE 3

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No. of 2015 Higher Education Licensing Act Virgin Islands

I ASSENT Governor

, 2015

VIRGIN ISLANDS

No. of 2015

A Bill for An Act to establish a Higher Education Licensing Board, to provide for the licensing of accredited Higher Education providers and to provide for connected matters.

[Gazetted , 2015]

ENACTED by the Legislature of the Virgin Islands as follows:

PART I

PRELIMINARY

1. This Act may be cited as the Higher Education Licensing Act, 2015 and shall come into force on a date the Minister may, by Notice published in the Gazette, appoint.

2. In this Act, unless the context otherwise requires, accredit means the according of recognition by an approved accrediting body on the basis

of an informed evaluation, that the programmes of study offered by a provider and any award the provider confers satisfy standards prescribed or approved by that accrediting body;

approved accrediting body means a body recognised by the Minister in accordance with

section 28; award means a degree, diploma, certificate or other evidence that a programme of study

has been completed successfully;

Short title and commencement.

Interpretation.

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Board means the Higher Education Licensing Board appointed under section 3; course means a defined body of knowledge, skills and attitudes designed to be inculcated

over a specified period, and to which credits may be awarded; credit means a unit of academic measurement for a prescribed course or set of courses, for

which a particular qualification is awarded; higher education means the teaching and learning process that occurs following

completion of secondary schooling or its equivalent, and which leads to the award of a sub-baccalaureate qualification, baccalaureate degree or a post graduate degree, diploma or certificate;

institution means educational entity, whether private or non-profit, offering higher education, with a defined structure providing for the administration, governance, delivery and certification of a range of programmes leading to the granting of awards or credits; Minister means the Minister to whom responsibility for Education is assigned; prescribed means prescribed by Regulations; programme or programme of study means a curriculum approved by an approved

accrediting body, comprising a series of courses in an academic or vocational specialty, leading to a credit or an award;

provider means a person or an institution offering one or more programmes or courses,

for which the provider

(a) awards a baccalaureate degree or a post graduate degree or provides not less than a one year programme that is acceptable for full credit toward such a degree; or

(b) awards a degree, diploma or certificate that is acceptable for

admission to a graduate or post graduate degree programme.

PART II ESTABLISHMENT, FUNCTIONS AND POWERS OF THE HIGHER EDUCATION

LICENSING BOARD

3. (1) There is established by this Act a Higher Education Licensing Board (in this Act referred to as the Board).

(2) The Board shall consist of seven members appointed by the Minister, with the

approval of Cabinet, as follows:

(a) the Permanent Secretary, Ministry of Education and Culture or his or her designate, ex officio;

Establishment of the Board.

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(b) the Financial Secretary or the Deputy Financial Secretary, ex officio; (c) the Attorney General or his or her designate, ex officio ; (d) the President of the H. Lavity Stoutt Community College or his or her

designate; (e) the Chief Education Officer, ex officio; (f) a representative of civil society with higher education expertise; and (g) a representative of civil society with international business and

commerce expertise.

(3) The Minister shall appoint a Chairperson and a Deputy Chairperson, not being the Permanent Secretary or the Chief Education Officer, from amongst the members of the Board. 4. (1) The Minister shall designate a public officer from within the Ministry of Education to be the Secretary for the Board.

(2) The Secretary shall

(a) keep a record of the proceedings of the Board; (b) issue correspondences as directed by the Board; and (c) perform such other duties as the Board may direct.

5. (1) The functions of the Board are to

(a) consider and decide on applications for licensing submitted to the Board;

(b) maintain a register of the providers of higher education that are licensed by the Board and the programmes of study that are accredited by an approved accrediting body;

(c) establish requirements with which a provider must comply in order to be licensed by the Board;

(d) revoke a licence granted to, or conferred on, any provider, in accordance with section 25, if after enquiry the Board considers that there is good and sufficient cause to do so;

(e) do or cause to be done such other things as the Board considers expedient or necessary for the performance of its functions.

Appointment of Secretary to the Board.

Functions of the Board.

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(2) Notwithstanding the provisions of any other law, the Board shall be the principal body in the Virgin Islands for licensing providers of higher education.

6. (1) The Board may, in the performance of its functions,

(a) co-opt any person to attend any particular meeting of the Board, for the purpose of assisting or advising it on a specific matter;

(b) establish committees to advise on any matter specified by the Board.

(2) A person co-opted under subsection (1)(a) shall not have the right to vote or exercise any of the powers of a member of the Board.

(3) Any committee appointed under subsection (1)(b) shall consist of at least one member of the Board and such other persons appointed by the Board, whose assistance and advice the Board may consider necessary.

7. (1) The Chairperson shall preside at all meetings of the Board and in his or her absence the Deputy Chairperson shall preside.

(2) In the absence of both the Chairperson and the Deputy Chairperson, the

members present shall elect one of the members present to preside. (3) The quorum of the Board at any meeting shall be four persons. (4) The Board shall meet at least twice per year and at such other times as may be

necessary for the purpose of performing its functions and the meetings shall be held at a place and at such times as may be determined by the Board.

(5) At any meeting for the conduct of its business, the Board shall take its decision

by a majority vote of the members present and in the event of a tie the Chairperson shall have a casting vote.

(6) Notwithstanding anything contained in this section, the Chairperson may, in any

matter he or she considers exceptional, make arrangements for a decision of the Board to be taken on such matter through a process of consultation without the need for an actual meeting.

(7) In the conduct of its meetings, the Board shall regulate its own procedure.

8. (1) A member of the Board, other than an ex-officio member, shall hold office for a

period not exceeding three years but is eligible for re-appointment.

(2) A member of the Board, other than an ex officio member, may at any time resign from the Board by giving one months written notice addressed to the Minister and transmitted through the Chairperson and such resignation becomes effective upon receipt by the Minister.

(3) A person is disqualified from appointment as a member of the Board if he or

she

Powers of the Board.

Meetings of the Board.

Tenure of office.

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(a) is a member of the House of Assembly;

(b) is an undischarged bankrupt or has compounded with his or her

creditors;

(c) has been convicted of an indictable offence or any offence involving

(d) dishonesty; or

(e) is certified as of unsound mind. (4) The Minister, with the approval of the Cabinet, may revoke the appointment of a member, other than an ex officio member, if satisfied that the member

(a) is, in the opinion of the Minister, not acting in the best interest of the Board;

(b) is incapable, for any reason, of discharging his or her functions as a member;

(c) has, without the consent of the Chairperson, been absent from three

consecutive meetings of the Board; (d) is or becomes disqualified from being appointed as a member of the

Board pursuant to subsection (3); (e) is in breach of any condition imposed upon his or her appointment.

(5) For the purposes of subsection (4) (c), a special meeting convened shall not be

counted towards a members absence from the meetings.

(6) If a member dies, resigns, is removed from or otherwise vacates his or her office prior to the expiry of the term for which he or she is appointed, the Minister shall appoint a new member to fill the vacancy for the unexpired period of the term of office for which the previous member was appointed or, for a new term not exceeding three years.

9. (1) Where a matter is to be decided by the Board at a meeting, any member present at the meeting who has an interest in the matter shall, at the meeting, disclose the nature of the interest in advance of any consideration of the matter.

(2) Where a member discloses an interest under this section

(a) the disclosure shall be recorded in the minutes of the meeting; and (b) the member shall not, unless the Board otherwise determines

(i) be present during any deliberations by the Board on that matter; or

Disclosure of interests.

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(ii) take part in any decision of the Board relating to the matter.

10. (1) A member who is not a public officer may be paid such remuneration as Cabinet may determine.

(2) A person co-opted to a meeting of the Board or any person not being a member of the Board may be paid such remuneration as the Minister may determine, in consultation with the Board.

11. (1) The Board shall have and use as occasion may require, a Seal, having a device or impression with the inscription "The Virgin Islands Higher Education Licensing Board".

(2) The Seal of the Board shall be kept in the custody of the Secretary, and shall be affixed to all documents issued by the Board.

(3) The seal shall be authenticated by the signatures of the Chairperson and the Secretary, or such other member authorised to do so by the Board.

12. (1) The Board shall submit to the Minister an annual report relating to the

activities of the Board during the year and the Minister shall cause the report to be laid before the House of Assembly.

(2) The report referred to in subsection (1) shall include information (a) relating to the applications received by the Board;

(b) the decisions of the Board regarding the approval or refusal of

applications;

(c) such other information as the Minister may consider necessary.

PART III

LICENSING OF HIGHER EDUCATION PROVIDERS

13. (1) A person shall not operate an institution or offer a programme of study in the Virgin Islands unless that person is licensed under this Act.

(2) A person who operates an institution or offers a programme of study without being

duly licensed commits an offence and is liable on summary conviction to a fine not exceeding $100,000 or to imprisonment for two years, or both.

14. (1) A person who wishes to obtain a licence to operate an institution or, to provide a programme of study pursuant to this Act shall submit to the Board an application in the form set out in Form A of Schedule 1.

(2) An application under subsection (1) shall be accompanied by

(a) a proposal of the programmes of study to be offered by the applicant;

Remuneration.

Seal of the Board.

Annual report.

Requirements for licence.

Application for licence. Schedule 1

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(b) the fee prescribed in Schedule 2; and

(c) supporting documents regarding the matters stated in the application, as well as documentation and information regarding any other matters which the Board may take into account.

(3) Upon receipt of the application, the Board shall consider whether the applicant

meets the relevant requirements prescribed by this Act.

15. (1) Where the Board is satisfied that an application complies with the requirements of this Act, the Board shall appoint a committee to be known as a Review Committee comprising

(a) at least one member of the Board; and

(b) such other persons having knowledge and expertise in the programmes offered by the institution whose application is under consideration.

(2) The Review Committee shall

(a) be responsible for reviewing any programme proposal accompanying an application submitted to the Board with reference to established regional and international academic guidelines, models of best practice and standards for accreditation of programmes of study;

(b) request from the applicant, certified evidence from an approved accrediting body to the effect that the programmes offered by the provider have obtained Provisional Accreditation status or are Accredited;

(c) review such proposal within a period specified by the Board, but, in any event, not exceeding thirty days or such further period as the Board may in writing direct;

(d) ensure that the review specifically assesses the academic and professional aspects of the proposal; and

(e) upon completion of the review, submit a report to the Board.

(3) A member of the Review Committee who is not a public officer may be paid such remuneration as may be determined by the Minister, acting on the advice of the Minister of Finance.

16. (1) The Board may, by written notice, require an applicant to provide to the Board within a specified time, further information or other documents pertaining to the application which the Board may reasonably require.

(2) The applicant is taken to have withdrawn the application, if within the time specified in the notice or any extension of such notice, the applicant fails to provide the information or documents required.

(3) Where the information required in subsection (1) is provided, the application shall

be treated as having been made on the date when the information was received and the sixty

Schedule 2

Review committee.

Request for further information.

10

day period provided for the determination of applications in section 16 shall not commence until the date of receipt of the information required.

(4) Where an applicant does not provide the Board with the information required within

the period prescribed in the notice or such longer period as may be granted, the Board may decline to determine the application and may return the application to the applicant with a notice to that effect, or the Board may refuse to approve the application for a licence, as it thinks fit. 17. (1) In deciding the application, the Board shall take the report of the Review Committee into account.

(2) In addition to the report referred to in subsection (1), the Board shall take into account the following matters:

(a) the mission of the provider or programme of study and any specialised programme which the provider offers or intends to offer;

(b) the projected development goals and objectives of the provider or

programme of study and research;

(c) the conditions under which the goals or objectives of the provider are to be achieved, including an operational plan and projected development goals;

(d) the expected institutional standards and how those standards are to be maintained;

(e) a list of programmes or courses which the provider offers or intends to offer and its policy regarding course credits;

(f) any links which the provider establishes and maintains or intends to establish and maintain with other provider;

(g) any independent accreditation processes, pending or active, to review and assure the achievement and maintenance of acceptable academic standards within any programme;

(h) any arrangements, under negotiation or in place, for the accreditation of any programme or course by an approved accrediting body;

(i) the student registry; (j) the admissions policy; (k) the arrangements for prescribed practicums and internships, where

applicable;

(l) the maintenance of student records;

(m) the availability of student counseling services;

Matters to be considered by the Board.

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(n) procedures for monitoring and assessing student performance;

(o) disclosure of student learning outcomes data;

(p) student attendance policies;

(q) in the case of recruitment of staff,

(i) the recruitment policies and procedures, (ii) the curriculum vitae of staff, (iii) the general productivity measures relating to staff performance;

(r) examination regulations and procedures of the provider with particular emphasis on

(i) the setting and marking of written examinations, (ii) the conduct and assessment of oral examinations, (iii) the conduct and assessment of research proposals, (iv) the conduct of appeals by students, and (v) the grading systems as a basis of evaluating student

performance;

(s) the guidelines for the functioning of examiners; (t) the availability of library and research facilities with particular emphasis

on

(i) the adequacy of such facilities, (ii) their linkages with other libraries or institutions, whether within

or outside the Caribbean;

(u) the physical location or, as the case may be, the proposed physical location of the institution with particular emphasis on (i) projections regarding student enrolment and staff size, (ii) provisions for classrooms, laboratories and offices;

(v) in the case of an institution, the proposals regarding the financing and

management of the institution with particular emphasis on

(i) the charter of the institution,

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(ii) the governing body of the institution, (iii) the reputation, character, commercial standing and financial

standing of the sponsor of the institution; and (iv) any benefits which may accrue to the local economy.

18. (1) The Board shall, within sixty days of receipt of an application under this Act, approve or deny the application for a licence.

(2) In approving the application, the Board may where it sees fit grant the application

provisionally for a period not exceeding one year and subject to such terms and conditions as it may determine.

(3) Where the Board approves an application provisionally, or refuses to approve an application, the Board shall notify the applicant in writing, giving reasons for the decision and informing the applicant of the right to have the decision reviewed.

(4) Where no decision has been made within sixty days of receipt of the application the Board shall notify the applicant of the progress made on the application and the extended date by which the decision is likely to be made.

(5) The extended date referred to in subsection (4) shall not be longer than a period of thirty days from the expiration of the sixty day period referred to in subsection (1).

(6) Where no decision has been made by the extended date, the application shall be referred to the Minister for determination. 19. (1) Where the Board approves an application pursuant to section 18, the Board shall forthwith issue to the applicant a licence in the form set out in Form B of Schedule 1, subject to the payment of the fees prescribed in Schedule 2.

(2) The licence shall state the period of validity of licence, whether the licence is

granted provisionally and any conditions to which the licence is subject.

(3) The licence shall remain the property of the Board and shall be returned to the Board upon withdrawal, revocation or expiry.

20. (1) Notwithstanding any other provisions of this Act, the Board may, with the approval of the Minister, in consultation with the Cabinet,

(a) limit the number of licences to be granted under this Act; or (b) issue exclusive licences for a specified period, in accordance with

Regulations. 21. (1) A licence issued under this Act is valid for such period as the Board may grant, not exceeding six years from the date of issue and may be extended where the Board is satisfied that the provider continues to meets the requirements as provided for in this Act.

Determination of applications.

Issuance of licence. Schedule 1 Schedule 2

Power to limit licences granted or to grant exclusive licence.

Validity of licence.

13

(2) The provider shall forward to the Board, a written request for an extension, no later

than six months prior to the expiration of the existing licence, accompanied by the fee prescribed in Schedule 2.

PART IV

OBLIGATIONS OF LICENSED PROVIDERS 22. (1) A licence to operate an institution, or to conduct a programme of study, is subject to such conditions as may be prescribed or specified in the licence.

(2) Without limiting subsection (1), it is a condition of every licence that a licensed provider

(a) must at all times comply with this Act and with the requirements

established by the Board in exercise of its functions under this Act; (b) offer all students enrolled in a course or programme of study, a

standard of education that is consistent with the standards to which its programmes have been accredited;

(c) operate only in respect of those activities which are approved by the Board;

(d) pay promptly such fees for application and such other services as shall

from time to time be determined by the Board, with the approval of the Minister;

(e) use the licence in such a manner as not to bring the arrangements for

licensing and accreditation into disrepute;

(f) not make any statement or do any act that the Board would of necessity be required to defend or to correct; and

(g) upon termination or revocation of the licence, forthwith discontinue its use or reference to being licensed and withdraw all advertising matter which contains any reference to licensing.

(3) The Board shall require a licensed provider whose programme or programmes of

study have obtained provisional accreditation to obtain full accreditation within a period specified by the Board.

(4) A licensed provider which wishes to refer to the fact that it is licensed by the Board in its documents, brochures or advertising media shall

(a) subject to paragraph (b), use the following phrase "listed in The Virgin Islands Register of Licensed Providers"; and

(b) where written authorisation to use the Mark has been obtained and a registration number has been issued by the Board, use the following phrase "Licensed Provider Registration Number".

Schedule 2

Conditions of licence.

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23. A licensed provider shall notify the Board in writing of any change to the accreditation status of a programme offered by the provider, within seven days of the occurrence of such change.

PART V ENFORCEMENT

24. The Board may take enforcement action against a licensed provider where the Board has reasonable grounds to believe that the provider has breached any of the conditions specified under this Act or any regulations made under this Act. 25. (1) The Board may take any one or more of the following enforcement actions it considers appropriate in light of the nature of the violation committed by the provider:

(a) issue a written warning;

(b) impose a fine;

(c) vary the conditions of the licence;

(d) suspend the licence, for a period not exceeding two years;

(e) revoke the licence.

(2) The Board shall take action to revoke a licence only if the licensed provider fails to take corrective action within a specified time for breaches identified in writing by the Board. 26. (1) The Board shall, before taking enforcement action under this part, issue to the licensed provider a written notice containing the following information:

(a) the action which the Board proposes to take;

(b) the grounds for the proposed action;

(c) an outline of the facts and circumstances forming the basis for such grounds;

(d) the entitlement of the provider to make representation to the Board in

accordance with subsection (2).

(2) The provider shall, within thirty days from the date of receipt of the notice referred to in subsection (1), make written representations to the Board as to why the proposed action should not be taken and the Board shall consider all such representations made by the licensee.

(3) Having regard to any representations made by the provider pursuant to subsection (2), the Board shall

(a) determine that no further action is necessary; or (b) proceed with the proposed action.

Changes in accreditation status to be notified.

Grounds for enforcement action.

Enforcement action.

Procedure to be followed when taking enforcement action.

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(4) The Board shall, as soon as practicable after making a decision pursuant to

subsection (3), notify the provider in writing of its decision and the reasons for the decision. 27. (1) A person aggrieved by a decision of the Board, may within thirty days of receiving written notice of the decision, apply to the Minister to have the decision reviewed.

(2) The Minister shall, within fourteen days of receipt of the application referred to in subsection (1), cause an enquiry to be conducted concerning the matters raised in the application, by such person or persons as the Minister appoints in writing, for that purpose.

(3) An enquiry shall be conducted according to the substantial merits of the case,

without regard to technicalities.

(4) The person or persons conducting the enquiry pursuant to subsection (2) may in conducting the enquiry obtain such information as he or she may consider appropriate.

(5) On completing the enquiry, the person or persons conducting the enquiryshall report to the Minister stating the findings of the enquiry and recommendations, if any, and the Minister shall be bound by such findings and recommendations.

(6) The Minister shall submit, in writing, to the aggrieved applicant the findings of the enquiry.

PART VI

MISCELLANEOUS PROVISIONS

28. (1) The Minister shall recognise any accreditation body or authority to accredit programmes of study and qualifications offered by a provider in the Virgin Islands and such accreditation body or authority shall be recognised by the Board as an approved accrediting body.

(2) The accreditation bodies or authorities specified in Schedule 3 shall be recognised by the Board as approved accrediting bodies.

(3) The Minister shall cause a list of the recognised accreditation bodies or authorities to be published annually in the Gazette and at least one newspaper circulating in the Territory. 29. (1) The Minister may, after consultation with the Board, designate public officers as Surveillance Officers for the purposes of monitoring compliance with the provisions of this Act.

(2) A Surveillance Officer may carry out unscheduled surveillance visits to a licensed provider at intervals other than those which may be prescribed and shall submit a report of his or her findings to the Minister and to the Board. (3) For the purposes of this section, a licensed provider shall make available to a Surveillance Officer all information and relevant documents as the Surveillance Officer may reasonably require.

Appeals.

Accreditation.

Schedule 3

Surveillance visits.

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30. (1) The Minister shall prescribe a Recognition Mark (referred in this Act as "the Mark").

(2) A person shall not use the Mark unless that person is a licensed provider which has obtained from the Board written authorisation to use the Mark.

(3) A licensed provider which wishes to use the Mark may make an application in this regard to the Board in the prescribed form.

(4) When the Board approves an application to use the Mark, the Board shall provide the applicant with a registration number to be inserted on the Mark.

(5) The Mark shall not be used by any person on any document unless the document relates in whole or in part to activities which have been approved by the Board.

(6) The Board may make rules to govern the use of the Mark. 31. (1) Any fees due and unpaid under this Act may be recovered as a debt due to the Government.

(2) The fees for application and such other service under this Act shall be paid into the Consolidated Fund. 32. All information obtained by the Board, the staff the Board or a surveillance officer shall be confidential and shall not, subject to the laws of the Virgin Islands, be divulged without prior written consent of the person providing such information. 33. The Minister may, by Order published in the Gazette, amend the Schedules to this Act in such manner as he or she considers necessary. 34. Where an offence under this Act is committed by a body corporate, and is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of, any director, manager, secretary or other similar officer of that body corporate, or a person purporting to act in that capacity, the person as well as the body corporate each commits the offence and are liable to be proceeded against and punished accordingly. 35. This Act shall not apply to

(a) an educational institution established by the Minister under the Education Act 2004; or

(b) the H. Lavity Stoutt Community College.

36. The Minister may, after consultation with the Board, make Regulations for the better carrying out of the purposes of this Act.

Establishment of recognition mark.

Recovery of fees.

Confidentiality.

Amendment of Schedules.

Offences by bodies corporate.

Non application. No. 10 of 2004 No. 14 of 1990

Regulations.

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SCHEDULE 1

[Section 14(1)]

FORM A

HIGHER EDUCATION LICENSING ACT, 2015

APPLICATION FOR LICENSING (to be completed in triplicate)

1. Name of applicant:..

2. Business address.

3. Proposed physical address..

4. Programme title(s) and areas of study available.. .... .... ....

5. Level of previous education required for admission to the programme:.. ... ... ...

6. Proposed commencement date of programme: .. 7. Number of semester, term of quarter hours required to receive award:... . ... 8. Projected programme enrolment:. ... ... 9. Policy on admission of local, regional and international students:.... ... ... ... 10. Number of prospective graduates per annum:. ... ... 11. Facilities or provisions for off-campus learning: .. ... ... 12. Academic credit policy for prior learning or experience:.

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... ... ... 13. Academic credit policy regarding standardised achievement tests: ... ... ... 14. Grading system used to evaluate students' work: ... ... ... 15. Student support services provided: ... ... ... 16. Proposed mechanisms to enable students continued self-improvement: ... ... ... 17. Proposal and information materials regarding programme(s) to be offered: ... ... ... 18. Accreditation status of programme(s) being offered: ... ... ... 19. Details of staff recruitment procedures and staff qualifications: ... ... 20. Internal Quality assurance mechanisms: ... ... The following must accompany the application documentation in support of the information in this application: and information and supporting documentation in relation to other matters the Board may take into account under section 17 of the Act.

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Signature (and Seal) of Applicant: Date:

[Section 19(1)]

FORM B

HIGHER EDUCATION LICENSING ACT, 2015

LICENCE Name of Provider... The above-named provider is granted a *full/ provisional licence. This licence is valid for a period ofyear(s) from the date of the licence. The holder of this licence shall fulfill the following conditions: This licence shall remain the property of the Higher Education Licensing Board and must be returned to the Board upon its withdrawal, revocation or expiration. ... (Seal of the Board authenticated by signatures of Chairperson and Secretary) Date: *delete as applicable

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SCHEDULE 2

[Section 14(2), 19(1), 21(2)]

FEES

Non-refundable application fee.$5,000.

Fee for a full licence ..................................................... $20,000 Fee for a provisional licence ....................................... $10,000 Fee for extension of a licence .. $10,000.

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SCHEDULE 3

[Section 28(2)] Recognised Accreditation Bodies/Authorities Caribbean Accreditation Authority for Education in Medicine and other Health Professions CAAM-HP Passed by the House of Assembly this day of , 2015.

Speaker.

Clerk of the House of Assembly.

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OBJECTS AND REASONS The Bill consists of four parts. Part I (clauses 1 and 2) would deal with the preliminary provisions which would provide for the short title, commencement and interpretation. Part II deals with the establishment, functions and powers of the Higher Education Licensing Board. The Board is established under clause 3 and the functions and powers of the Board are set out under clauses 5 and 6 respectively. The functions include

(a) being responsible for safeguarding the Government of The Virgin Islands and public interest in the achievement of acceptable academic standards for higher education teaching, learning and research;

(b) considering and deciding on applications for licensing submitted to the Board; (c) maintaining a register of the providers that are licensed by the Board and the

programmes of study that are accredited by foreign accrediting bodies; (d) monitoring the quality of higher education programmes offered by providers

and any awards they confer so as to ensure that they meet and maintain the standards prescribed;

(e) promoting an ethos of quality assurance and quality improvement by

promoting the process of accreditation of programmes of study by a recognised accrediting body;

(f) establishing the standards and requirements with which a provider must comply

in order to be licensed by the Board; (g) revoking a licence granted to, or conferred on, a provider if after enquiry the

Board considers that there is good and sufficient cause to do so. The powers of the Board include co-opting persons to attend meetings of the Board to assist or advise on specific matters, as well as, establishing committees to advise on specific matters. Clause 7 would provide for the conduct of meetings of the Board. Clause 8 would set out the tenure of office of the Board members, other than ex officio members, and the termination of the appointment of a member. In addition, the Minister would have the power to fill vacancies where a member dies, resigns, is removed from office or otherwise vacates his or her office prior to the expiry of the term of appointment. Clause 9 would require Board members to disclose any interest in a matter to be addressed

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by the Board, prior to the commencement of the meeting. Clause 10 would provide for Cabinet to determine the remuneration of Board members who are not public officers, as well as, for Cabinet to consult with the Board with respect to remuneration for persons co-opted to meetings of the Board. Clause 11 would provide for the Seal of the Board while by clause 12 the Board would be required to submit an annual report to the Minister with respect to its activities. Part III deals with the licensing of Higher Education Providers. Clause 13 would require persons to be licensed under the Bill before they can operate an Institution or a programme of study in the Virgin Islands.

Clause 14 would provide for persons to apply to the Board, for a licence and for certain documents to accompany the application such as a proposal of the programmes to be offered by providers.

Clause 15 would provide for the Board to appoint a Review Committee to review applications that satisfy the requirements of the Bill. The clause also provides for the matters to be considered by the Review Committee and for a report to be submitted to the Board upon completion of the review. By clause 16, the Board may request further information from an applicant and the information requested must be provide within a specified time. Clause 17 sets out in detail, the matters to be considered by the Board in deciding an application. In addition to the report of the Review Committee the Board shall take into account several matters including the following:

(a) the mission of the institution or programme of study and any specialised programme which the institution offers or intends to offer;

(b) the expected institutional standards and how those standards are to be maintained;

(c) the list of programmes of study or courses which the provider offers or intends to offer and its policy regarding course credits;

(d) any links which the institution establishes and maintains or intends to establish and maintain with other institutions;

(e) any arrangements, under negotiation or in place, for the accreditation of any programme or course by a recognised accrediting body;

(f) in the case of medical education, the arrangements for clinical clerkships,

rotations and internships; (g) proposals regarding the financing and management of the institution with

particular emphasis on

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(i) the charter of the institution,

(ii) the governing body of the institution,

(iii) costs and efficiency of the institution, and

(iv) the reputation, character, commercial standing and financial standing of the sponsor of the institution; and

(h) any benefits which may accrue to the local economy.

Clause 18 would provide for the determination of applications for licensing. The clause specifies a period of sixty days for determination of an application which the Board may extend for a further period not exceeding thirty days. In determining an application the Board may approve the application outright, approve it provisionally or disapprove the application. Clause 19 would provide for a licence to be issued on the grant of approval subject to the payment of the prescribed fees. By clause 20 the Board, would have the power to limit the number of licences granted or to grant exclusive licences for a specified period with the approval of the Minister. Clause 21 would provide for the period of validity and renewal of a licence. Part IV deals with the obligations of licensed Providers. Clause 22 would provide for the conditions of a licence. Every licence is subject to certain general conditions including the Board requiring a licensed provider to obtain full accreditation of programmes where provisional accreditation has been obtained. Also, a licensed provider would be required to obtain a registration number prior to referring to its licensed status in documents, brochures and advertising media. Clause 23 would require licensed providers to notify the Board of any changes in the accreditation status of a programme offered by the provider. Part V deals with enforcement provisions. Clause 24 would provide for grounds for enforcement action where the provider has breached any of the conditions specified under this Bill. Clause 25 would set out the enforcement actions the Board may take where the provider has breached any of the conditions specified under this Bill. Clause 26 would set out the procedure to be followed when taking enforcement action.

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Clause 27 would provide for appeals to be made where a person is aggrieved by a decision of the Board. It would also provide for the Minister to cause an enquiry to be conducted into the matters raised. Part VI deals with miscellaneous provisions. Clause 28 would provide for the recognition of foreign accreditation bodies by the Minister. Clause 29 would require the Board to carry out annual surveillance visits to licensed providers and such unscheduled assessments as may be necessary. Clause 30 would provide for the Minister to prescribe a recognition mark which may be used by licensed provider when referring to their licensed status. Clause 31 would provide for the collection and recovery of fees for assessment, surveillance and other services provided by the Board. Clause 32 would require the Board and its officers to keep confidential all information obtained by the Board. Clause 33 would provide for the Minister to amend the schedules to the Bill by Order. Clause 34 would provide for offences committed by corporate bodies. Clause 35 would provide for the non-application of the Act to certain educational institutions. Clause 36 would give the Minister power to make regulations for the better carrying into effect the provisions of the Bill.

Minister for Education and Culture.