N.Y. Education Law § 665-a: Institutional participation in award programs

§ 665-a. Institutional participation in award programs. 1.

Participation agreement. No institution may participate in the general,

academic or other award programs described in this article unless it

shall have entered into a written agreement with the corporation under

which it shall be bound to comply with all laws and rules applicable to

such programs. The participation agreement may contain such other terms

and conditions, consistent with such applicable laws, rules and

procedures, as the president may require in accordance with rules

adopted for this purpose by the board and shall be developed in

consultation with the commissioner of education.

In accordance with rules adopted by the board for this purpose, the

president, may suspend, limit or terminate an institution's

participation in these programs in the event it shall be determined

after a hearing conducted in accordance with the state administrative

procedure act that the institution has violated any applicable laws,

rules or procedures provided for under the agreement in accordance with

law and the rules of the board.

2. Reports. In accordance with rules adopted by the board for this

purpose, the president may require an institution participating in the

general, academic and other award programs to certify on such forms as

the president may prescribe at the commencement of its semester, term or

other period of attendance, or at such other times as the president may

direct, the manner in which the records are being maintained to

demonstrate the eligibility of the students the institution certifies as

eligible for the receipt of awards under the provisions of subdivision

three of section six hundred sixty-five of this article during such

semester, term or period of attendance. The president may suspend, limit

or terminate an institution's participation in the general, academic and

other award programs administered by the corporation in the event it

shall be determined after a hearing conducted in accordance with the

state administrative procedure act that the institution has failed or

refused to submit such certified report after written demand therefor,

or shall have willfully submitted a materially false report.

3. Contingencies on the receipt of state funding. (a) An institution

shall not, as a condition of any award or loan pursuant to this article,

require any student to:

(i) submit to mandatory arbitration to resolve any matter relating to

such award or loan prior to the commencement of any legal action to

enforce an entitlement thereto;

(ii) resolve a complaint relating to any award or loan through an

internal dispute process;

(iii) waive any right, forum, or procedure for a violation of any

provision of this chapter, including the right to file and pursue a

civil action, class action or a complaint with, or otherwise notify, any

state agency, other public prosecutor, law enforcement agency, or any

court or other governmental entity of any alleged violation; or

(iv) be prohibited from disclosing, discussing, describing or

commenting upon the terms of the agreement or any violation thereof.

(b) An institution shall not threaten, retaliate or discriminate

against any student eligible for such award or loan because of the

refusal by such student to consent to mandatory arbitration, to resolve

a complaint through an internal dispute process, to waive any right,

forum, or procedure for a violation of this chapter, including the right

to file and pursue a civil action, class action or a complaint with, or

otherwise notify, any state agency, other public prosecutor, law

enforcement agency, or any court or other governmental entity of any

alleged violation, or not to disclose, discuss, describe or comment upon

the terms of the agreement or any violation thereof.

(c) For purposes of this subdivision, an agreement that requires a

student to opt out of a waiver or take any affirmative action in order

to preserve their rights is deemed a condition that violates paragraph

(a) of this subdivision.

(d) In addition to injunctive relief and any other remedies available,

a court may award a prevailing plaintiff enforcing their rights under

this subdivision reasonable attorneys' fees.

(e) Nothing in this subdivision is intended to invalidate a written

arbitration agreement that is otherwise enforceable under the Federal

Arbitration Act.