Postsecondary Schools

V.S.A. tit. 16, ch. 3, subch. 2

in effect

16 V.S.A. § 175 Postsecondary educational institutions; closing

175. Postsecondary educational institutions; closing (a) When an institution of higher education, whether or not chartered in this State, proposes to discontinue the regular course of instruction, either permanently or for a temporary period other than a customary vacation period, the institution shall: (1) promptly inform the State Board; (2) prepare the academic record of each current and former student in a form satisfactory to the State Board and including interpretive information required by the Board; and (3) deliver the records to a person designated by the State Board to act as permanent repository for the institution’s records, together with the reasonable cost of entering and maintaining the records. (b) Persons acting as a repository may microfilm records received under this section. (c) Students and former students of the discontinuing institution shall be entitled to verified copies of their records upon payment of a reasonable fee. (d) When an institution of higher education is unable or unwilling to comply substantially with the record preparation and delivery requirements of subsection (a) of this section, the State Board shall bring an action in Superior Court to compel compliance with this section, and may in a proper case obtain temporary custody of the records. (e) When an institution of higher education is unable or unwilling to comply with the requirements of subsection (a) of this section, the State Board may expend State funds necessary to ensure the proper storage and availability of the institution’s records. The Attorney General shall then seek recovery under this subsection, in the name of the State, of all of the State’s incurred costs and expenses, including attorney’s fees, arising from the failure to comply. Claims under this subsection shall be a lien on all the property of a defaulting institution, until all claims under this subsection are satisfied. The lien shall take effect from the date of filing notice thereof in the records of the town or towns where property of the defaulting institution is located. (f) The State Board shall adopt rules under this section for its proper administration. The rules may include provisions for preparing and maintaining transferred records. Persons acting as a repository of records are bound only by maintenance provisions to which they agreed before receiving transferred records. (g) The Association of Vermont Independent Colleges (AVIC) shall maintain a memorandum of understanding with each of its member colleges under which each member college agrees to: (1) upon the request of AVIC, properly administer the student records of a member college that fails to comply with the requirements of subsection (a) of this section; and (2) contribute on an equitable basis and in a manner determined in the sole discretion of AVIC to the costs of another AVIC member or other entity selected by AVIC maintaining the records of a member college that fails to comply with the requirements of subsection (a) of this section. Added 1979, No. 49, § 1, eff. April 25, 1979; amended 2017, No. 49, § 36, eff. Oct. 1, 2017.

16 V.S.A. § 176 Postsecondary schools chartered in Vermont

176. Postsecondary schools chartered in Vermont (a) Applicability. Except as provided in subsection (d) of this section, any postsecondary school that operates primarily or exclusively in the State of Vermont is subject to this section. (b) Definitions. As used in this subchapter: (1) “Postsecondary school” means any person who offers or operates a program of college or professional education for credit or a degree and enrolls or intends to enroll students. (2) “Offer” includes the use in the name of an institution or in its promotional material of a term such as “college,” “university,” or “institute” that is intended to indicate that it is an institution that offers postsecondary education. (3) “Degree” means any award that is given by a postsecondary school for completion of a program or course and that is designated by the term degree, associate, bachelor, baccalaureate, master’s, or doctorate, or any similar award that the State Board includes by rule. (4) “Operate” means to establish, keep, or maintain any facility or location from or through which education is offered or given, or educational degrees are offered or granted. The term includes contracting with any person to perform any such act. (5) “Accredited” means accredited by any regional, national, or programmatic institutional accrediting agency recognized by the U.S. Department of Education. (c) State Board approval. (1) Every postsecondary school that is subject to this section shall: (A) apply for a certificate of approval from the State Board prior to registering its name with the Secretary of State pursuant to Title 11, Title 11A, or Title 11B; (B) apply for and receive a certificate of approval from the State Board prior to offering postsecondary credit-bearing courses or programs and prior to admitting the first student; and (C) provide written notification to each applicant for admission or enrollment, on an application, enrollment, or registration form to be signed by the applicant, that credits earned at the school are transferable at the discretion of the receiving school. (2) Every postsecondary school shall secure a certificate of degree-granting authority from the State Board before it confers or offers to confer a degree. (d) Exemptions. The following are exempt from the requirements of this section except for the requirements of subdivision (c)(1)(C) of this section: (1) Nondegree-granting and noncredit-granting programs of education sponsored by a trade, labor, business, or professional organization that are conducted solely for that organization’s membership or for members of the particular industries or professions served by that organization. (2) The University of Vermont and the Vermont State Colleges. (3) Postsecondary schools currently licensed or approved by a Vermont State occupational licensing board. (4) Postsecondary schools that are accredited. The following postsecondary institutions are accredited, meet the criteria for exempt status, and are authorized to operate educational programs beyond secondary education, including programs leading to a degree or certificate: Bennington College, Champlain College, Landmark College, Middlebury College, Norwich University, Saint Michael’s College, SIT Graduate Institute, Sterling College, Vermont College of Fine Arts, and Vermont Law and Graduate School. This authorization is provided solely to the extent necessary to ensure institutional compliance with federal financial aid-related regulations, and it does not affect, rescind, or supersede any preexisting authorizations, charters, or other forms of recognition or authorization. (5) Nondegree-granting and noncredit-granting postsecondary schools that offer only training in specific trades or vocations. (6) Religious instruction that does not result in earning credits or a degree. (e) Issuance. On proper application, the State Board shall issue a certificate of approval or a certificate of degree-granting authority, or both, to an applicant whose goals, objectives, programs, and resources, including personnel, curriculum, finances, and facilities, are found by the State Board to be adequate and appropriate for the stated purpose and for the protection of students and the public interest. The certificate shall be for a term not exceeding five years. The certificate may be subject to conditions, terms, or limitations. (f) Renewal. Certificates under this section may be renewed on application in the same manner as originally issued. (g) Revocation. Any certificate may be revoked by the State Board at any time for good cause relating to the conditions, terms, and limitations of approval. (h) Advice. Prior to any action taken by the State Board with respect to any application for degree-granting authority, the Board shall obtain the advice of the Vermont Higher Education Council, Incorporated. (i) Rules; investigations. The Board may adopt rules and perform investigations in order to effectuate the purposes of this section. (j) Cessation. In the event that a postsecondary school does not comply with the provisions of subsection (c) of this section or is denied the issuance of a certificate of approval or a certificate of degree-granting authority, the postsecondary school shall forthwith cease to operate. (k) Enforcement. The Attorney General, upon request of the State Board, may bring an action to enjoin the operation of a postsecondary school that is operating in violation of this section. (l) Violations. Any person, group, or entity, or any owner, officer, agent, or employee thereof, who willfully violates subsection (c) or (j) of this section shall be fined not to exceed $1,000.00 or imprisoned for not more than one year, or both. Each day’s violation shall be a separate violation. (m) Reciprocity. Nothing in this chapter shall prohibit the State from participating in any interstate reciprocity agreement for the purpose of authorizing online postsecondary programs. For purposes of reciprocity between states for institutional authorization, the Secretary, or other Vermont agency as appropriate, shall investigate any complaints related to Vermont institutions participating in a recognized interstate reciprocity agreement. Added 1981, No. 124 (Adj. Sess.), § 1, eff. March 2, 1982; amended 1989, No. 263 (Adj. Sess.), § 1, eff. June 20, 1990; 2001, No. 19, § 1; 2003, No. 107 (Adj. Sess.), § 1; 2011, No. 58, § 19, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 23, eff. Feb. 14, 2014; 2013, No. 179 (Adj. Sess.), § E.500.4; 2017, No. 49, § 25, eff. May 23, 2017; 2021, No. 20, § 52; 2025, No. 72, § 3, eff. June 27, 2025.

16 V.S.A. § 176a Postsecondary schools not chartered in Vermont

176a. Postsecondary schools not chartered in Vermont (a) Applicability. Except as provided in subsection (e) of this section, a postsecondary school that operates primarily outside the State of Vermont, offers or operates a program of college or professional education for credit or a degree, and wishes to operate in Vermont is subject to this section and to subsections 176(g) through (l) of this title. (b) [Repealed.] (c) Requirements. A postsecondary school subject to this section shall: (1) register its name with the Secretary of State pursuant to Title 11, 11A, or 11B; (2) secure accreditation by any regional, national, or programmatic institutional accrediting agency recognized by the U.S. Department of Education; (3) apply for and receive a certificate of approval or a certificate of degree-granting authority, or both pursuant to subsection 176(e) of this title prior to offering postsecondary credit-bearing courses or programs, admitting the first student, or conferring or offering to confer a degree to a student enrolled in its Vermont school; (4) meet any requirements for approval in its state of primary operation for the specific degree or credit-bearing course or program that it intends to offer in Vermont; (5) register with the Agency pursuant to State Board rule; and (6) provide written notification to each applicant for admission or enrollment, on an application, enrollment, or registration form to be signed by the applicant, that credits earned at the school are transferable at the discretion of the receiving school. (d) Renewal. After receiving initial approval, a postsecondary school subject to this section shall register annually with the State Board of Education by providing evidence of accreditation and approval by the state in which it primarily operates and any other documentation the Board requires. The State Board may refuse or revoke registration at any time for good cause. (e) Exemptions. The following are exempt from the provisions of this section: (1) Nondegree-granting and noncredit-granting programs of education sponsored by a trade, labor, business, or professional organization that are conducted solely for that organization’s membership or for members of the particular industries or professions served by that organization. (2) Postsecondary schools currently licensed or approved by a Vermont occupational licensing board. (3) Nondegree-granting or noncredit-granting postsecondary schools that offer only training in specific trades or vocations. (4) Religious instruction that does not result in earning credits or a degree. (5) Programs of education offered solely via correspondence, the Internet, or electronic media, provided that the postsecondary school has no physical presence in Vermont. Evidence of a “physical presence” includes the existence of administrative offices, seminars conducted by a person who is physically present at the seminar location, the provision of direct services to students, and required physical gatherings. (6) Programs of education offered solely via the Internet or electronic media, provided that the program’s home state has entered into an interstate reciprocity agreement with Vermont and the program: (A) is a member in good standing of the agreement within the home state; and (B) has no “physical presence” in Vermont as that term is defined in the agreement. Added 1989, No. 263 (Adj. Sess.), § 2, eff. June 20, 1990; amended 2001, No. 19, § 2; 2003, No. 107 (Adj. Sess.), § 2; 2011, No. 58, § 20, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 24, eff. Feb. 14, 2014; 2013, No. 179 (Adj. Sess.), § E.500.5.

16 V.S.A. § 177 Postsecondary approval; fees

177. Postsecondary approval; fees (a) A postsecondary school subject to section 176 of this title shall pay: (1) a fee of $4,000.00 for an application for approval to offer credit-bearing courses; (2) a fee of $5,000.00 for an application for degree-granting authority if the postsecondary school is approved to offer credit-bearing courses; and (3) a fee of $7,500.00 if the school seeks approval under subdivisions (1) and (2) of this subsection simultaneously. (b) If a postsecondary school that is subject to section 176 of this title and is operating within an unexpired certification period files an application to offer a new degree at the same level as a degree previously approved by the State Board, then the fee shall be based upon the actual costs to the Agency but shall not be less than $1,000.00 for each new degree. (c) A postsecondary school subject to section 176a of this title shall pay: (1) the fees set forth in subsection (a) of this section for initial review and approval pursuant to subdivision 176a(c)(3) of this title; (2) a fee of $1,000.00 for initial registration with the Agency pursuant to subdivision 176a(c)(5) of this title; and (3) an annual fee of $500.00 to renew its registration to operate in Vermont pursuant to subsection 176a(d) of this title. (d) Fees assessed under this section are not refundable. (e) Fees assessed under this section shall be credited to a special fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the Agency to offset the costs of approval. Added 1989, No. 263 (Adj. Sess.), § 3, eff. June 20, 1990; amended 1997, No. 59, § 24, eff. June 30, 1997; 2003, No. 70 (Adj. Sess.), § 25, eff. March 1, 2004; 2011, No. 58, § 21, eff. May 31, 2011; 2013, No. 92 (Adj. Sess.), § 25, eff. Feb. 14, 2014.

16 V.S.A. § 178 Harassment and hazing prevention policies; postsecondary schools

178. Harassment and hazing prevention policies; postsecondary schools (a) The board of trustees or other governing body of each postsecondary school operating in Vermont shall adopt and ensure enforcement of a policy establishing that harassment as defined in subdivision 11(a)(26) of this title is a form of unlawful discrimination and therefore prohibited. The board shall also require the establishment of procedures to address complaints of discriminatory harassment and to initiate educational programs designed to prevent such conduct. (b) The board of trustees or other governing body of each postsecondary school operating in Vermont shall adopt and ensure enforcement of a policy prohibiting hazing, which shall define hazing in a manner that is at least as stringent as the definition contained in subdivision 11(a)(30) of this title. The policy shall include penalties or sanctions, or both, for organizations that or individuals who engage in hazing; revocation or suspension of an organization’s permission to operate or exist within the institution’s purview if that organization knowingly permits, authorizes, or condones hazing; and clear delineation of circumstances under which hazing will be reported to a law enforcement agency. A summary of the policy shall be distributed to all students at least annually. Added 2009, No. 106 (Adj. Sess.), § 1, eff. May 13, 2010; amended 2013, No. 92 (Adj. Sess.), § 26.

16 V.S.A. § 180 Student rights—Freedom of expression

180. Student rights—Freedom of expression (a)(1) The General Assembly finds that freedom of expression and freedom of the press are fundamental principles in our democratic society granted to every citizen of the nation by the First Amendment to the U.S. Constitution and to every resident of this State by Vt. Const. Ch. I, Art. 13. (2) These freedoms provide all citizens, including students, with the right to engage in robust and uninhibited discussion of issues. (3) The General Assembly intends to ensure free speech and free press protections for both public school students and students at public institutions of higher education in this State in order to encourage students to become educated, informed, and responsible members of society. (b) As used in this chapter: (1) “Media adviser” means an individual employed, appointed, or designated by a school or its governing body to supervise or provide instruction relating to school-sponsored media. (2) “School” means a public postsecondary school operating in the State. (3) “School-sponsored media” means any material that is prepared, written, published, or broadcast as part of a school-supported program or activity by a student journalist and is distributed or generally made available as part of a school-supported program or activity to an audience beyond the classroom in which the material is produced. (4) “Student journalist” means a student enrolled at a school who gathers, compiles, writes, edits, photographs, records, or prepares information for dissemination in school-sponsored media. (5) “Student supervisor” is a student who is responsible for editing school-sponsored media. (c)(1) Subject to subsection (e) of this section, a student journalist may exercise freedom of speech and freedom of the press in school-sponsored media. (2) Subdivision (1) of this subsection shall not be construed to be limited by the fact that the school-sponsored media are: (A) supported financially by a school or its governing body, or by use of facilities owned by the school; or (B) produced in conjunction with a class in which the student journalist is enrolled. (d)(1) Subject to subsection (e) of this section, the student supervisors of school-sponsored media are responsible for determining the content of their respective media. (2) Subject to subdivision (1) of this subsection, a media adviser may teach professional standards of English and journalism to student journalists. (e) This section shall not be construed to authorize or protect content of school-sponsored media that: (1) is libelous or slanderous; (2) constitutes an unwarranted invasion of privacy; (3) may be defined as obscene, gratuitously profane, threatening, or intimidating; (4) may be defined as harassment, hazing, or bullying under section 11 of this title; (5) violates federal or State law; or (6) creates the imminent danger of materially or substantially disrupting the ability of the school to perform its educational mission. (f) Absent a showing that a particular publication will cause direct, immediate, and irreparable harm that would warrant the issuance of a prior restraint order against the private media, school officials are not authorized to censor or subject to prior restraint the content of school-sponsored media. Content shall not be suppressed solely because it involves political or controversial subject matter or is critical of the school or its administration. (g) A student journalist may not be disciplined for acting in accordance with this section. (h) A media adviser may not be dismissed, suspended, disciplined, reassigned, or transferred for: (1) taking reasonable and appropriate action to protect a student journalist for engaging in conduct protected by this section; or (2) refusing to infringe on conduct that is protected by this section, by the first amendment to the U.S. Constitution, or by the Vermont Constitution. (i) Each school or its governing body shall adopt a written policy consistent with the provisions of this section. (j) No expression made by students in school-sponsored media shall be deemed to be an expression of school policy. Added 2017, No. 49, § 47, eff. May 23, 2017; amended 2021, No. 20, § 53.

16 V.S.A. § 183 Intercollegiate Sexual Harm Prevention Council

183. Intercollegiate Sexual Harm Prevention Council (a) Creation. There is created the Intercollegiate Sexual Harm Prevention Council to advance best practices for prevention of and response to campus sexual harm across institutions of higher learning in Vermont. (b) Membership. The Council shall be composed of the following members: (1) the Title IX coordinator or designee from each postsecondary school chartered in Vermont with a physical campus located within Vermont; (2) a peer educator or advocate appointed by the Vice Provost for Student Affairs of the University of Vermont; (3) the Executive Director of the Network Against Domestic and Sexual Violence or designee; (4) the Program Coordinator of the Vermont Forensic Nursing Program or designee; and (5) the Commissioner of Public Safety or designee. (c) Duties. The Council shall: (1) [Repealed.] (2) [Repealed.] (3) [Repealed.] (4) share information about effective practices regarding sexual violence prevention and response, sexual health education, and strategies for mitigating sexual harm and secondary impacts of sexual harm on college campuses in Vermont; (5) share information about campus-wide activities, publications, and services that promote a campus culture of respect to support the prevention of sexual harm; and (6) [Repealed.] (7) share information about training opportunities addressing prevention and sexual assault response processes for college populations. (d) [Repealed.] (e) [Repealed.] (f) Meetings. (1) The Network Against Domestic and Sexual Violence shall call the first meeting of the Council to occur on or before November 15, 2026. (2) The Council shall select co-chairs from among its members at the first meeting, with one chair representing a public postsecondary school and one chair representing a private postsecondary school. (3) A majority of the membership shall constitute a quorum. (4) The Council shall meet twice per year. (5) The co-chairs shall provide the Council with administrative support. (6) The Council may invite or consult other community representatives as it deems appropriate. Added 2021, No. 68, § 6, eff. June 8, 2021; renumbered from 16 V.S.A. § 2187 by 2023, No. 114, § 5; amended 2023, No. 114 (Adj. Sess.), § 5, eff. July 1, 2024; 2025, No. 160 (Adj. Sess.), § 5, eff. July 1, 2026.

16 V.S.A. § 184 Student access to confidential sexual misconduct support services; collaboration with external partners

184. Student access to confidential sexual misconduct support services; collaboration with external partners (a) Postsecondary schools shall ensure students have access to confidential sexual misconduct support services covered by victim and crisis worker privilege under applicable law, either on or off campus. Nothing in this subsection shall be construed to prohibit a postsecondary school from also facilitating student access to support services not covered by a victim and crisis worker privilege. (b) If a postsecondary school is working with an external provider to provide confidential support services on its behalf, pursuant to subsection (a) of this section, and those support services are beyond those the external provider may provide as a matter of course to the general public, the postsecondary school shall enter into, and maintain, an agreement with the external provider. Agreements may address: (1) assistance in development or delivery of programming and training regarding sexual misconduct involving students; (2) collaborative marketing to make the campus community aware of the availability of confidential services from the external provider, either on or off campus, such as sexual assault crisis services, domestic violence crisis services, and sexual assault nurse examiner services; (3) reciprocal education of school and external provider personnel to ensure a mutual understanding of the other’s role, responsibilities, and processes for receiving disclosures of sexual misconduct, the provision of support services, and options for resolution; (4) reporting of data as required by federal law, if applicable, as well as reporting of de-identified aggregate information that will aid the school in identifying and addressing trends of concern; and (5) use of school-provided space to meet confidentially with members of the campus community. (c) All agreements executed pursuant to subsection (b) of this section shall be independently negotiated between the postsecondary school and external providers. Added 2023, No. 114 (Adj. Sess.), § 1, eff. July 1, 2024.

16 V.S.A. § 185 Amnesty protections

185. Amnesty protections Postsecondary schools shall create and adopt an amnesty policy that prohibits disciplinary action against a student reporting or otherwise participating in a school sexual misconduct resolution process for alleged ancillary policy violations related to the sexual misconduct incident at issue; provided, however, the school may take disciplinary action if it determines that the conduct giving rise to the alleged ancillary policy violation placed or threatened to place the health and safety of another person at risk. This policy shall not be construed to limit a counter-complaint made in good faith or to prohibit action as to a report made in good faith. Added 2023, No. 114 (Adj. Sess.), § 2, eff. July 1, 2024.

16 V.S.A. § 186 Annual awareness programming and training

186. Annual awareness programming and training (a) A postsecondary school shall offer annual trauma-informed, inclusive, and culturally relevant sexual misconduct primary prevention and awareness programming to all students, staff, and faculty of the school. Primary prevention and awareness programming shall address, in a manner appropriate for the audience: (1) an explanation of consent as it applies to sexual activity and sexual relationships; (2) the role drugs and alcohol play in an individual’s ability to consent; (3) information about on and off-campus options for reporting of an incident of sexual misconduct, including confidential and anonymous disclosure mechanisms, and the effects of each option; (4) information on the school’s procedures for resolving sexual misconduct complaints and the range of sanctions the school may impose on those found responsible for a violation; (5) the name and contact information of school officials responsible for coordination of supportive measures and an overview of the types of supportive measures available; (6) the name, contact information, and services of confidential resources, on and off campus; (7) strategies for bystander intervention and risk reduction; (8) how to directly access health services, mental health services, and confidential resources both on and off-campus; (9) opportunities for ongoing sexual misconduct prevention and awareness training and programming; and (10) best practices for responding to disclosures of sexual misconduct. (b) Information on the training topics contained in subsection (a) of this section, including on and off-campus supportive measures for reporting parties, shall be available in a centrally located place on the schools’ website. (c) Schools shall endeavor to collaborate with community partners, such as local and statewide law enforcement, local and statewide prosecution offices, health care service providers, confidential service providers, and other relevant stakeholders, regarding the inclusion of appropriate information about the relevant stakeholders’ respective roles and offerings in primary prevention and awareness programming. Added 2023, No. 114 (Adj. Sess.), § 3, eff. July 1, 2024.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/16/003Fetched: 10/21/2026