Recruitment Of Students

Applies to:

Original Policy Date:

Date of Last Review:

Approved by:
Employees and Contractors 2022

04/13/2022

Dr. Marco Carvalho, Executive Vice President and Provost; Acting President

Policy Title

Recruitment of Students

Policy Number: 202204131

Policy Owner: Office of Human Resources

Policy Purpose

This policy ensures compliance with program integrity requirements, consistent with the regulations issued by the Department of Education related to restrictions on recruitment and payment of incentive compensation and the Education Partnership Memorandum of Understanding between Florida Tech and the Department of Defense.

Policy Scope

This policy applies to all Florida Tech employees and agents, both persons and entities, with extra focus on those who recruit students, engage in other admission activities, and/or make decisions regarding the awarding of financial assistance to students. It applies to employees, independent contractors, and agents alike.

Policy Statement

Florida Tech prohibits inducements, including any gratuity, favor, discount, entertainment, hospitality, loan, transportation, lodging, meals, or other item having a monetary value of more than a de minimis amount, to any individual or entity, or its agents including third party lead generators or marketing firms, other than salaries paid to employees or fees paid to contractors in conformity with all applicable laws for the purpose of securing enrollments of students or obtaining access to financial aid. 

Providing any commission, bonus, or other incentive payment based directly or indirectly on securing enrollments or federal financial aid, including Military Tuition Assistance funds, to any persons or entities engaged in any student recruiting, admission activities, or making decisions regarding the award of student financial assistance is also prohibited.

In addition, Florida Tech prohibits all employees and those acting on the university’s behalf from using high-pressure recruitment tactics specifically including but not limited to making multiple unsolicited contacts (three or more), including contacts by phone, email, or in-person, and engaging in same-day recruitment and registration for the purpose of securing enrollments.

Procedures/Guidelines

For the purpose of this policy, an employee who receives multiple adjustments to compensation in a calendar year and is engaged in any student enrollment or admission activity or in making decisions regarding the award of Title IV, HEA program funds is considered to have received such adjustments based upon success in securing enrollments or the award of financial aid if those adjustments create compensation that is based in any part, directly or indirectly, upon success in securing enrollments or the award of financial aid.

However, Florida Tech, organizations that are contractors to Florida Tech, and other entities may make:

  • Merit-based adjustments to employee compensation provided that such adjustments are not based in any part, directly or indirectly, upon success in securing enrollments or the award of financial aid; and
  • Profit-sharing payments so long as such payments are not provided to any person or entity engaged in student recruitment or admission activity or in making decisions regarding the award of Title IV, HEA program funds.

Educational institution sponsored scholarships or grants and tuition reductions available to military students are permissible.

In accordance with federal regulation, these restrictions do not apply to the recruitment of foreign students residing in foreign countries who are not eligible to receive federal student assistance.

Department of Education guidance on the prohibition on incentive compensation, including frequently asked questions and examples of activities and types of payments that are subject to the prohibition and those that are exempt is available on the Department of Education website at http://www2.ed.gov/policy/highered/reg/hearulemaking/2009/compensation.html.

Definitions

Commission, bonus, or other incentive payment means a sum of money or something of value, other than a fixed salary or wages, paid to or given to a person or an entity for services rendered.

Securing enrollments or the award of financial aid means activities that a person or entity engages in at any point in time through completion of an educational program for the purpose of the admission or matriculation of students for any period of time or the award of financial aid to students.

  • These activities include contact in any form with a prospective student, such as, but not limited to: contact through preadmission or advising activities, scheduling an appointment to visit the enrollment office or any other office of the university, attendance at such an appointment, or involvement in a prospective student's signing of an enrollment agreement or financial aid application.
  • These activities do not include making a payment to a third party for the provision of student contact information for prospective students provided that such payment is not based on:
    • Any additional conduct or action by the third party or the prospective students, such as participation in preadmission or advising activities, scheduling an appointment to visit the enrollment office or any other office of the university or attendance at such an appointment, or the signing, or being involved in the signing, of a prospective student's enrollment agreement or financial aid application; or
    • The number of students (calculated at any point in time of an educational program) who apply for enrollment, are awarded financial aid, or are enrolled for any period of time, including through completion of an educational program.

Entity or person engaged in any student recruitment or admission activity or in making decisions about the award of financial aid means:

  • With respect to an entity engaged in any student recruitment or admission activity or in making decisions about the award of financial aid, any institution or organization that undertakes the recruiting or the admitting of students or that makes decisions about and awards title IV, HEA program funds.
  • With respect to a person engaged in any student recruitment or admission activity or in making decisions about the award of financial aid, any employee who undertakes recruiting or admitting of students or who makes decisions about and awards Title IV, HEA program funds, and any higher level employee with responsibility for recruitment or admission of students, or making decisions about awarding Title IV, HEA program funds.

Enrollment means the admission or matriculation of a student.

Compliance Reference

Section 487(a)(20) of the Higher Education Act of 1965, as amended; implemented at 34 CFR § 668.14(b)(22)

34 C.F.R 668.71-668.75

Department of Defense (DOD) Education Partnership Memorandum of Understanding (MOU) Between DOD Office of the Under Secretary of Defense for Personnel and Readiness and Florida Institute of Technology

Responsibilities

Those involved in making decisions about compensation to any person or entity engaged in any student recruitment or admission activity, or in making decisions regarding the award of Title IV, HEA program funds, are responsible to ensure compensation is not based in any part, directly or indirectly, upon success in securing enrollments or the award of financial aid.

Employees and contractors acting on behalf of Florida Tech must refrain from offering or providing any inducements having a monetary value of more than a de minimis amount to any individual or entity for the purpose of securing enrollments of students or obtaining access to financial aid. 

Individuals and entities involved in student recruiting and admissions must refrain from high-pressure recruitment tactics in accordance with this policy.

Enforcement

Employees who violate this policy may be subject to disciplinary action, up to and including termination of employment.

Contractors or other non-employee agents of the university, whether persons or entities, who violate this policy may be subject to actions including contract termination or nonrenewal, prohibition on acting as an agent of the university in the future, and/or any other actions the university deems appropriate.