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.
Code 1950, § 23-273; 1980, c. 658; 2002, c. 178, § 23-276.12; 2006, c. 48; 2008, c. 856; 2016, c. 588.
Structure Code of Virginia
Title 23.1 - Institutions of Higher Education; Other Educational and Cultural Institutions
Chapter 2 - State Council of Higher Education for Virginia
§ 23.1-201. Student advisory committee
§ 23.1-202. Employment of director and other personnel
§ 23.1-204.1. Postgraduation employment rates
§ 23.1-205. Authority to carry out federal requirements
§ 23.1-206. Assessments of the performance of public institutions of higher education
§ 23.1-207. Tuition relief and refunds and reinstatement for certain students in the Armed Forces
§ 23.1-208. Budget requests and recommendations
§ 23.1-209. Reports of expenditures of state funds
§ 23.1-214. Certified mail; subsequent mail or notices may be sent by regular mail
§ 23.1-216. Career College Advisory Board established
§ 23.1-217. Certification required
§ 23.1-218. List of postsecondary schools holding valid certification
§ 23.1-219. Council certification; requirements and prohibitions
§ 23.1-220. Approval procedures
§ 23.1-221. Refusal, suspension, and revocation of approval or certification
§ 23.1-223. Preservation of students' records
§ 23.1-227. Laws of the Commonwealth to apply to contracts
§ 23.1-228. Violations; penalties; remedies
§ 23.1-229. Postsecondary school closure procedures
§ 23.1-230. Enrollment agreements required
§ 23.1-232. Office of the Qualified Education Loan Ombudsman established; duties
§ 23.1-233. Qualified education loan borrower education course
§ 23.1-233.1. Qualified education loans; certain providers; contact information and summary