Academic and Professional Standards
Each campus of Argosy University is committed to developing professionals who demonstrate high levels of integrity. All programs have been designed to be challenging and demanding. They require that students continually apply themselves to their academic program over an extended period of time.
Argosy University closely monitors student academic progress. Monitoring by faculty, and in some programs training supervisors, is designed to address the issues of professional preparation as well as academic achievement. Aspects of students’ personal adjustment, interpersonal relationships, and behavior in all settings are relevant to student progress. Argosy University strives to ensure that students realize their potential to become competent and ethical professionals.
Argosy University requires that all students meet the standards of the profession for which they are preparing. Students are required to do more than complete certain academic and field training requirements. Students are expected to conduct themselves in a manner consistent with professional ethics at all times. Professional conduct requires the faithful discharge of all responsibilities undertaken during all aspects of the educational experience, as well as the maintenance of respectful interpersonal relationships with all individuals.
Copyright and Intellectual Property
The unauthorized distribution of copyrighted material, including unauthorized peer-to-peer file sharing, may subject students and individuals to civil and criminal liabilities. Almost all of the music, movies, television shows, software, games and images found on the Internet are protected by federal copyright law. The owner of the copyright in these works has the right to control their distribution, modification, reproduction, public display and public performance. It is therefore generally illegal to use file sharing networks to download and share copyrighted works without the copyright owner’s permission unless “fair use” or another exemption under copyright law applies.
Fair use under the federal Copyright Act allows the use without permission of copyrighted material for the purpose of criticism, comment, news reporting or teaching under certain limited circumstances. There is no blanket exception from liability for students or employees of educational university, however, and whether the use of copyrighted material without permission falls with “fair use” or one of the other exceptions in the Act depends on a very detailed, case-by-case analysis of various factors. Students should be aware that sharing music, videos, software and other copyrighted materials is very likely not to be considered a “fair use” and therefore may be a violation of the law. A violation of Argosy University’s policy for use of its information technology system can result in termination of network access for the student and/or other disciplinary action including removal of the student from Argosy University.
Summary of Civil and Criminal Penalties for Violation of Federal Copyright Laws
Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement. Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or “statutory” damages affixed at not less than $750 and not more than $30,000 per work infringed. For “willful” infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys’ fees. For details, see Title 17, United States Code, Sections 504, 505. Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense. For more information, please see the website of the U.S. Copyright Office at www.copyright.gov.
Argosy University’s policies in regard to copyright infringement via the Internet prohibit the illegal downloading or unauthorized distribution of copyrighted materials using the Argosy University’s information technology system. Argosy University’s policies prohibit use of Argosy University’s computer network to engage in illegal copying or distribution of copyrighted works such as by unauthorized peer-to-peer file sharing (i.e., the sharing of copyrighted works, typically in digital or electronic files) without permission.
Faculty members sign, and are expected to adhere to, the terms of Argosy University’s copyright and patent policy. This policy provides for the sharing of the proceeds of discovery, subject to current laws and regulations. Of particular interest to faculty is the policy on royalties on publications or materials authored by faculty members. Argosy University encourages publication and work in their field by faculty and allows faculty to keep copyrights on materials, except in the case of works:
- Commissioned by Argosy University.
- Developed on University time.
- Accomplished under letter of appointment and grants where copyright specifications are delineated.
- Completed under agreements made in advance between the author and Argosy University.
Faculty members should inform the Human Resources Department if they have any patents or copyrights pending.
Argosy University complies with the copyright laws as applied to proprietary schools. Using and/or photocopying copyrighted material without permission in projects by faculty, students, and staff are prohibited. Faculty members are required to instruct students in the proper use of licensed materials in their works and are charged with the responsibility of monitoring the work of students to ensure that they use only licensed materials in their projects. This standard applies to printed, web-published, audio, and video materials, as well as to computer software.
There are no explicitly defined specifications as to what may constitute fair use, but the following four factors must be considered:
- The purpose and character of the use, including whether the use is for commercial or non-profit educational use.
- The nature of the copyrighted work being used.
- The nature and the amount and substantiality of the material used.
- The effect of use on the actual or potential market for value of the work.
When in doubt as to whether using material is a copyright infringement, faculty members should consult with their program chairs or obtain written permission from the copyright holder. In some cases, the program chair may seek guidance from other Argosy University administrators and/or DCEH legal support.
Argosy University is committed to a process of continuous improvement in all operations of the institution, especially those related to improvements in student academic achievement. Using both direct and indirect measures, Argosy University regularly and formally assesses student learning on program outcomes which have been developed by faculty to reflect the skills, knowledge bases, and behaviors required of the profession, the accreditation standards where applicable, and the disciplines in which the degrees are offered. Argosy University also evaluates student perceptions of the services provided to support student learning. In addition to the ongoing assessment of individual students, these assessment and evaluation strategies occur at the class, program, campus, college, and institutional levels.
Argosy University believes that such ongoing analyses of students’ learning are central to the efficacy of its educational services and programs. The integration of the collective data and results generated by these assessment strategies form a significant portion of the information used to evaluate individual student and programmatic success in Argosy University’s programs. Further, this educational input on the outcomes of student learning and the various educational processes furnishes critical feedback to Argosy University’s planning process that closes the institutional effectiveness loop and is used on an ongoing basis to continuously enhance the quality of student learning at Argosy University.
Students should anticipate participating in a wide array of evaluation and assessment procedures throughout their educational careers. Students are expected to enter into these procedures openly and honestly in an effort to assist Argosy University in its continuous improvement processes.
Institutional Learning Outcomes for Argosy University
Approved April 17, 2012
- Analytical Reasoning
Analyze issues objectively, interpret and synthesize data and ideas, and develop feasible, flexible, and creative solutions to real world problems.
- Effective Communication
Identify audiences, assess information provided, interpret needs, and present relevant information using appropriate written, oral, and listening skills and media to meet the needs of the situation.
- Information Competency
Gather, evaluate, and ethically use information from a variety of relevant technological and library resources to make decisions and take action.
- Interpersonal Effectiveness
Develop individual and group interpersonal skills to improve and foster participation and interaction critical for achieving individual and group goals.
- Personal and Professional Integrity and Ethical Behavior
Demonstrate a multi-dimensional awareness of individual and social responsibility to act ethically and with integrity in a diverse, global society.
- Professional Competence
Apply skills appropriate to program objectives and employ critical reasoning to contribute to one’s field and profession.
Philosophy of Education
The primary objective of Argosy University is to educate and prepare students for careers in professional fields. To achieve this, each campus aims to provide an environment that integrates theory, training, research, and applications of the discipline. A faculty composed of individuals who are both practitioners and scholars guide students through coursework to give them the opportunity to meet the standards of their professions. Education is provided through training and practical experiences appropriate to their discipline, as well as through the study of a comprehensive academic curriculum.
Commitment to Diversity
Argosy University strives to prepare students to serve populations with diverse social, ethnic, economic, and educational experiences. Both the academic and experiential curricula are designed to provide an environment in which students can develop the skills and attitudes essential to working with people from a wide range of backgrounds.
Argosy University does not discriminate or harass on the basis of race, color, national origin, sex, gender, sexual orientation, gender identity or expression, disability, age, religion, veteran’s status, genetic marker, or any other characteristic protected by state, local or federal law, in our programs and activities, pursuant to Title IX of the Education Amendments Act of 1972. Argosy University provides reasonable accommodations to qualified individuals with disabilities. Argosy University will not retaliate against persons bringing forward allegations of harassment or discrimination. The Title IX Coordinator for Argosy University is Anne Petrella, Vice President of Student Services Operations & Compliance, 1400 Penn Avenue, Pittsburgh, PA 15222, (866) 427-4679 ext. 28564, firstname.lastname@example.org. The Title IX Coordinator has been designated to handle inquiries and coordinate the institution’s compliance efforts regarding the Non-Discrimination Policy.
See Appendix IV, Argosy University Campus Locations for phone number information for the Deputy Title IX Coordinator for each campus.
Questions regarding Title IX may be referred to the Title IX Coordinator, the Deputy Coordinator, or the Office of Civil Rights.
Student Grievance Procedure for Internal Complaints of Discrimination and Harassment
Students who believe they have been subjected to discrimination or harassment (other than sexual harassment) in violation of the Non-Discrimination Policy should follow the procedure outlined below. (Please note that students who believe they have been subjected to sexual harassment should follow the reporting process in the Sexual Misconduct and Relationship Violence Policy.) This complaint procedure is intended to provide a fair, prompt and reliable determination about whether the Argosy University Non-Discrimination Policy has been violated.
- Complainants are encouraged to file a complaint as soon as possible after an alleged incident of discrimination has occurred. Any student who chooses to file a discrimination complaint should do so either with the Vice President of Academic Affairs or with the Director of Student Services at their campus. See Appendix IV, Argosy University Campus Locations for phone number information for each campus. Online students should file complaints with email@example.com. The complaint should be presented in writing and it should describe the alleged incident(s) and any corrective action sought. The complaint should be signed by the complainant.
- The Director of Student Services or designee or Vice President of Academic Affairs will investigate the allegations. Both the accuser and the accused are entitled to have others present during a disciplinary proceeding. Both will be informed of the outcome of any campus disciplinary proceeding. For this purpose, the outcome of a disciplinary proceeding means only Argosy University’s final determination with respect to the alleged offense and any sanction that is imposed against the accused. Both the complainant and the accused will have the opportunity to meet and discuss the allegations with the investigator and may offer any witnesses in support of their position to the investigator during the course of the investigation. A student may be accompanied during investigation meetings and discussions by one person (family member, friend, etc.) who can act as an observer, provide emotional support, and/or assist the student in understanding and cooperating in the investigation. The observer may not be an attorney, unless otherwise required by local law. The investigator may prohibit from attending or remove any person who disrupts the investigation in the investigator’s sole discretion.
- The student who made the complaint and the accused shall be informed promptly in writing when the investigation is completed, no later than 45 calendar days from the date the complaint was filed. The student who made the complaint shall be informed if there were findings made that the policy was or was not violated and of actions taken to resolve the complaint, if any, that are directly related to him/her, such as an order that the accused not contact the student who made the complaint. In accordance with institutional policies protecting individuals’ privacy, the student who made the complaint may generally be notified that the matter has been referred for disciplinary action, but shall not be informed of the details of the recommended disciplinary action without the consent of the accused.
- The decision of the Director of Student Services or the Vice President of Academic Affairs may be appealed by petitioning the Campus President’s office. The written appeal must be made within 20 calendar days of receipt of the determination letter. The President or his/her designee, will render a written decision on the appeal within 30 calendar days from the receipt of the appeal. The Campus President’s decision shall be final.
- Argosy University will not retaliate against persons bringing forward allegations of harassment or discrimination.
- Matters involving general student complaints will be addressed according to the Student Complaint Procedure , a copy of which can be found in the Academic Catalog
- For more information about your rights under the federal laws prohibiting discrimination, please contact the Office for Civil Rights at the U.S. Department of Education at http://www2.ed.gov/about/offices/list/ocr/index.html.
If you follow this complaint procedure and still feel dissatisfied with the results, you may send a written copy of the complaint to the state agency that has oversight of Argosy University in your state. See Unresolved Disputes under Section Four, Student Rights and Responsibilities.
Right to Change Requirements
Argosy University reserves the right to change the policies contained within this catalog from time to time. Accordingly, although notice is not required for a new policy to take effect, Argosy University will make reasonable attempts to notify students promptly of any policy changes through Web site or email postings, or other methods deemed appropriate by university administration.
Students will follow the degree requirements in effect at the time of their matriculation. However, a student who changes degree programs or fails to maintain continuous enrollment with an absence greater than one year (see “Readmission Process after Withdrawal/Dismissal” in Section Five, Admission Policies ) will be required to follow the Academic Catalog in effect at the time of matriculation. Furthermore, requirements of government agencies, accreditation agencies, and other regulatory bodies may influence a student’s degree requirements. Possible changes include, but are not limited to, graduation requirements, admission requirements, tuition, fees, curricula, and course content. Students are responsible for making themselves aware of any changes.
Argosy University does not guarantee third-party licensing/registering/certification. Outside agencies control the requirements for taking and passing licensing/registering/certification exams and are subject to change without notice to Argosy University.
Argosy University provides accommodations to qualified students with disabilities. The Disability Services office assists qualified students with disabilities in acquiring reasonable and appropriate accommodations and in supporting equal access to services, programs and activities at Argosy University.
Students who seek reasonable accommodations should notify the Disabilities Services Coordinator at their Argosy University campus of record of their specific limitations and, if known, their specific requested accommodations. Students will be asked to supply medical documentation of the need for accommodation. Classroom accommodations are not retroactive, but are effective only upon the student sharing approved accommodations with the instructor. Therefore, students are encouraged to request accommodations as early as feasible with the Disability Services Coordinator to allow for time to gather necessary documentation. If you have a concern or complaint in this regard, please contact the Director of Student Services. See Appendix IV, Argosy University Campus Locations for the telephone number for the Director of Student Services for each campus. Complaints will be handled in accordance with Argosy University’s Student Grievance Procedure for Internal Complaints of Discrimination and Harassment under Section Two, Institutional Policies .
Disability Services Accommodations for Pregnant Students
Argosy University complies with Title IX’s requirement that pregnant students are not discriminated against or penalized because of their pregnancy or related condition (including recovery from childbirth). At the same time, Argosy University will not presume that a pregnant student is unable to attend classes due to pregnancy.
To ensure all pregnant students’ access to its educational programs, Argosy University will make reasonable adjustments to the regular program that is responsive to the student’s temporary pregnancy status. For example, depending on the student’s needs and requests, the university may provide a larger desk, allow frequent trips to the bathroom, or permit temporary access to elevators. Similarly, students will not be penalized for absences that were medically necessary due to pregnancy or pregnancy-related conditions. For example, an instructor may not refuse to allow a student to submit work after a deadline that she missed because of absences that were medically necessary due to pregnancy or childbirth. Additionally, if an instructor’s grading is based in part on class attendance or participation, the student’s attendance and participation will be adjusted to account for medically necessary pregnancy-related absences. In the event a student’s pregnancy or related condition necessitates a leave from school, she will be allowed to earn the credits missed due to these medically necessary pregnancy-related absences so that she can be reinstated to the status she had before the leave.
As with students who seek exceptions or accommodations for medical reasons, Argosy University requires a pregnant student or student who has given birth to submit evidence that the exceptions or accommodations are medically necessary.
The Family Educational Rights and Privacy Act of 1974
The Family Educational Rights and Privacy Act of 1974, as amended (“FERPA”) sets out requirements designed to afford students certain rights with respect to their education records. In addition, it puts limits on what information Argosy University may disclose to third parties without receiving prior written consent from the student.
I. Procedure to Inspect Education Records
Students have the right under FERPA to inspect and review their education records. A student who wishes to inspect and review his/her records should submit a written request to the Director of Student Services (See Appendix IV, Argosy University Campus Locations, for the telephone number for the Director of Student Services for each campus.). The request should identify as precisely as possible the records the student wishes to inspect. If the requested records are subject to inspection and review by the student, arrangements for access will be made within a reasonable period of time but in no case more than 45 days after the request was made, and the student will be notified of the time and place where the records may be inspected. The university may require the presence of a university official during the inspection and review of a student’s records.
Certain limitations exist on a student’s right to inspect and review their own education records. Those limitations include, for example, the following: (i) financial information submitted by parents; (ii) confidential letters and recommendations placed in their files prior to January 1, 1975; (iii) confidential letters and recommendations placed in their files after January 1, 1975 to which the student has waived his or her right to inspect and review and that are related to the student’s admission, application for employment or job placement, or receipt of honors. In addition, the term “education record” does not include certain types of records such as, by way of example, records of instructional, supervisory, administrative, and certain educational personnel that are in the sole possession of the maker thereof, and are not accessible or revealed to any other individual except a substitute.
When a record contains personally identifiable information about more than one student, the student may inspect and review only the information that relates to him/her personally.
II. Disclosure of Educational Records
Argosy University generally will not permit disclosure of personally identifiable information from the records of a student without prior written consent of the student. Personally identifiable information is disclosed (some items are mandatory, some discretionary) from the records of a student without that student’s prior written consent to the following individuals or institutions or in the following circumstances:
- To Argosy University officials who have been determined by the university to have legitimate educational interests in the records. A university official is
- a person employed by the school or its corporate parent in an administrative, supervisory, academic or research, or support staff position. This includes, but is not limited to human resources and accounting staff for purposes of the tuition reimbursement plan; or
- a person employed by or under contract to the university to perform specific tasks, such as an auditor, consultant, or attorney, a person on the Board of Trustees, or a student serving on an official committee or assisting another university official.
Any university official who needs information about a student in the course of performing instructional, supervisory, advisory, or administrative duties for Argosy University has a legitimate educational interest.
- To certain officials of the United States Department of Education, the Comptroller General of the United States, the Attorney General of the United States, and state and local educational authorities in connection with state or federally supported educational programs.
- In connection with the student’s request for, or receipt of, financial aid necessary to determine the eligibility, amounts or conditions of financial aid, or to enforce the terms and conditions of the aid.
- To organizations conducting certain studies for or on behalf of the university.
- To accrediting commissions or state licensing or regulatory bodies to carry out their functions.
- To parents of a dependent student, as defined in Section 152 of the Internal Revenue Code.
- To comply with a judicial order or lawfully issued subpoena.
- To appropriate parties in health or safety emergencies.
- To officials of another school in which a student seeks or intends to enroll.
- To an alleged victim of a crime of violence or a nonforcible sexual offense, the final results of the disciplinary proceedings conducted by the university against the alleged perpetrator of that crime or offense with respect to that crime or offense.
- To persons in addition to the victim of a crime of violence or nonforcible sexual offense, the final results of the disciplinary proceedings described in paragraph 10 above but only if the university has determined that a student is the perpetrator of a crime of violence or non-forcible sexual offense, and with respect to the allegation made against him or her, the student has committed a violation of the institution’s rules or policies. (The university, in such instances, may only disclose the name of the perpetrator — not the name of any other student, including a victim or witness — without the prior written consent of the other student(s)).
- Both the accuser and the accused must be informed of the outcome of any institutional disciplinary proceeding brought alleging a sex offense. Compliance with this paragraph does not constitute a violation of the Family Educational Rights and Privacy Act (20 U.S.C. 1232g). For the purpose of this paragraph, the outcome of a disciplinary proceeding means only the institution’s final determination with respect to the alleged sex offense and any sanction that is imposed against the accused
- To a parent regarding the student’s violation of any federal, state, or local law or of any rules or policy of the university governing the use or possession of alcohol or a controlled substance if the school determines that the student has committed a disciplinary violation with respect to that use or possession, and the student is under 21 at the time of the disclosure to the parent.
- Directory information (see Section IV below).
- Student Recruiting Information as requested by the U.S. Military. Student recruiting information includes ONLY: name, address, telephone listing, age or date of birth, class level, academic major, place of birth, degrees received and most recent educational institution attended. It does not include and Argosy University will not provide: social security numbers, race, ethnicity, nationality, GPA, grades, low performing student lists, religious affiliation, students with loans in default, veteran’s status, students no longer enrolled. Students who opt out of the directory also opt out of student recruiting information.
III. Record of Requests for Disclosure
Except with respect to those requests made by the student themselves, those disclosures made with the written consent of the student, or to requests by or disclosures to Argosy University officials with legitimate educational interests and disclosures of directory information (or other exceptions described in the applicable regulations), Argosy University will maintain a record indicating the parties who have requested or obtained personally identifiable information from a student’s education records and the legitimate interests those parties had in requesting or obtaining the information. This record may be inspected by the student.
IV. Directory Information
Argosy University designates the following information as directory information. (Directory information is personally identifiable information which may be disclosed without the student’s consent):
- Student’s name
- Address: Local, email and Web site
- Telephone number (local)
- Date and place of birth
- Program of study
- Participation in officially recognized activities
- Dates of attendance
- Degrees and certificates awarded
- Most recent previously attended school
- Photograph of the student, if available
- Enrollment status (i.e., enrolled, continuing, future enrolled student, reentry, leave of absence, etc.)
- Student honors and awards received
- The height and weight of athletic team members
Notice of these categories and of the right of an individual in attendance at Argosy University to request that his/her directory information be kept confidential will be given to the student annually. Students may request nondisclosure of student directory information by specifying nondisclosure, in writing, to the campus director of Student Services or Registrar (see Appendix IV, Argosy University Campus Locations , for the address and phone numbers of the Director of Student Services for each campus). Failure to request nondisclosure of directory information will result in routine disclosure of one or more of the above-designated categories of personally identifiable directory information.
V. Correction of Educational Records
Students have the right under FERPA to ask to have records corrected which they believe are inaccurate, misleading, or in violation of their privacy rights. The following are the procedures for the correction of records:
- A student must ask the campus director of Student Services or Registrar to amend a record. As part of the request, the student should identify the part of the record they want to have changed and specify why they believe it to be inaccurate, misleading, or in violation of his/her privacy rights.
- Argosy University may either amend the record or decide not to amend the record. If it decides not to amend the record, it will notify the student of its decision and advise the student of the right to a hearing to challenge the information believed to be inaccurate, misleading, or in violation of the student’s privacy rights.
- Upon request, Argosy University will arrange for a hearing and notify the student reasonably in advance of the date, place, and time of the hearing. The hearing will be conducted by an individual who does not have a direct interest in the outcome of the hearing. That individual may be an official of Argosy University. The student shall be afforded a forum for the opportunity to present evidence relevant to the issues raised in the original request to amend the student’s education records. The student may be assisted by other people, including an attorney.
- Argosy University will prepare a written decision based solely on the evidence presented at the hearing. The decision will include a summary of the evidence, and the reasons for the decision.
- If, as a result of the hearing, Argosy University decides that the information is inaccurate, misleading, or otherwise in violation of the privacy rights of the student, it will (a) amend the record accordingly; and (b) inform the student of the amendment in writing.
- If, as a result of the hearing, Argosy University decides that the information in the education record is not inaccurate, misleading, or otherwise in violation of the privacy rights the student, it shall inform the student of the right to place a statement in the record commenting on the contested information in the record or stating why he or she disagrees with the decision of the school.
- If a statement is placed in the education records of a student under paragraph 6 above, Argosy University will:
- maintain the statement with the contested part of the record for as long as the record is maintained; and
- disclose the statement whenever it discloses the portion of the record to which the statement relates.
VI. Student Right to File Complaint
A student has the right to file a complaint with the United States Department of Education concerning alleged failures by Argosy University to comply with the requirements of FERPA. The name and address of the governmental office that administers FERPA is:
Family Policy Compliance Office
United States Department of Education
400 Maryland Avenue, S.W.
Washington, DC 20202 – 4605
STUDENT RIGHT TO KNOW
According to regulations published by the Department of Education based on the Student Right-to-Know act, the graduation/completion rates for first time, full-time students who entered school and graduated/completed within 150 % of the normal time to complete the program, as published in the catalog, must be made available to current and prospective students. This information may be obtained in the Admissions office or in the Consumer Information section of the school’s website.
JURY WAIVER AND AGREEMENT TO BINDING, INDIVIDUAL ARBITRATION
This policy is for use by all campuses other than those located in the states of California or Washington or any campus regulated by the Tennessee Higher Education Commission.
Student and Argosy University irrevocably waive our rights to a trial by jury and agree instead that any and all disputes, no matter how described, pleaded or styled, between me and Argosy University (including its parent and past and present affiliates, employees, agents, and lenders) or related to any aspect of my relationship with or any act or omission by Argosy University (“Claim”) shall be resolved by individual binding arbitration, conducted by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and applicable Supplementary Procedures for Consumer-Related Disputes (“AAA Rules”) and in accordance with the terms of this Jury Waiver and Agreement to Binding, Individual Arbitration (“Arbitration Agreement”). Student can obtain a copy of the AAA Rules at www.adr.org or by calling 1-800-778-7879. This Arbitration Agreement, however, does not modify Student’s right, if any, to file a grievance with any state educational licensing agency or accrediting body.
- Student is strongly encouraged to first attempt to resolve the Claim by using the General Student Complaint Procedure outlined in the Catalog.
- Neither party shall file or maintain any lawsuit in court against the other, and any suit filed in violation of this Arbitration Agreement shall be dismissed by the court in favor of arbitration conducted pursuant to this Arbitration Agreement. The parties agree that the moving party shall be entitled to an award of costs and fees of compelling arbitration.
- The arbitration shall take place before a single, neutral arbitrator in the federal judicial district in which Student resides, unless the parties agree otherwise.
- Student will be responsible for paying a portion of the AAA filing fee at the time his/her Claim is filed in an amount equal to $200 or the applicable filing fee of the court of general jurisdiction in the district/circuit near me, whichever fee is less. The parties shall bear the expense of their own attorneys, experts and witnesses, unless the applicable law provides, and the arbitrator determines, otherwise.
- Student agrees not to combine or consolidate any Claims with those of other students, such as in a class or mass action, or to have any Claims be arbitrated or litigated jointly or consolidated with any other person’s claims. Further, the parties agree that the arbitrator shall have no authority to join or consolidate claims by more than one person. I understand that I may opt out of this single-case provision by delivering via certified mail return receipt a written statement to that effect to the Vice President and Senior Counsel of Argosy University/DCEH at 210 Sixth Avenue, Suite 3300 Pittsburgh, PA 15222 within 30 days of my first execution of an Enrollment Agreement.
- The Federal Arbitration Act (FAA), including all its substantive and procedural provisions, and related federal decisional law shall govern this Arbitration Agreement to the fullest extent possible. All determinations as to the scope, enforceability, validity and effect of this Arbitration Agreement shall be made by the arbitrator, and not by a court. However, any issue concerning the validity of paragraph 5 above must be decided by a court, and an arbitrator does not have authority to consider the validity of paragraph 5. If for any reason, paragraph 5 is found to be unenforceable, any putative class or mass action may only be heard in court on a non-jury basis and may not be arbitrated under this Agreement.
- The arbitrator shall have the power to award any remedy that directly benefits the parties to this Arbitration Agreement (provided the remedy would be available from a court under the law where the Arbitration Agreement was executed) but not the power to award relief for the benefit of anyone not a party to this Arbitration Agreement.
- Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
- Notwithstanding any provision in the Catalog or Enrollment Agreement, this Arbitration Agreement shall not be modified except by written agreement signed by both parties. Any or all of the provisions set forth in this Arbitration Agreement may also be waived by the party against whom the Claim is asserted, but such waiver shall be in writing, physically signed (not merely electronically signed) by the party waiving, and specifically identify the provision or provisions being waived. Any such waiver shall not waive or affect any other portion of the Arbitration Agreement.
- This Arbitration Agreement shall survive the termination of Student’s relationship with Argosy University.
- If any part(s) of this Arbitration Agreement are found to be invalid or unenforceable, then such specific part(s) shall be of no force and effect and shall be severed, but the remainder of the Arbitration Agreement shall continue in full force and effect.
STUDENT UNDERSTANDS AND ACKNOWLEDGES THAT S/HE IS WAIVING HIS/HER RIGHT TO A JURY TRIAL, TO ENGAGE IN DISCOVERY (EXCEPT AS PROVIDED IN THE AAA RULES), AND TO LITIGATE THE DISPUTE OR CLAIM IN ANY COURT. FURTHER, STUDENT UNDERSTANDS AND ACKNOWLEDGES THAT S/HE WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS ACTION AGAINST ARGOSY UNIVERSITY.
Notice of Argosy University Policies to Comply with the Higher Education Opportunity Act of 2008
The unauthorized distribution of copyrighted material, including unauthorized peer-to-peer file sharing, may subject students and individuals to civil and criminal liabilities. Almost all of the music, movies, television shows, software, games and images found on the Internet are protected by federal copyright law. The owner of the copyright in these works has the right to control their distribution, modification, reproduction, public display and public performance. It is generally illegal therefore to use file sharing networks to download and share copyrighted works without the copyright owner’s permission unless “fair use” or another exemption under copyright law applies.
Fair use under the federal Copyright Act allows the use without permission of copyrighted material for the purpose of criticism, comment, news reporting or teaching under certain limited circumstances. There is no blanket exception from liability for students or employees of educational institutions, however, and whether the use of copyrighted material without permission falls within “fair use” or one of the other exceptions in the Act depends on a very detailed, case-by-case analysis of various factors. Students should be aware that sharing music, videos, software and other copyrighted materials is very likely not to be considered a ‘fair use” and therefore may be a violation of the law.
A violation of the institution’s policy for use of its information technology system can result in termination of network access for the student and/or other disciplinary action including removal of the student from the institution. Moreover, there are severe civil and criminal penalties for copyright infringement under federal law. A copyright owner is entitled to recover actual damages and profits resulting from an infringement, but also may recover statutory damages ranging from $750 to $30,000 per work for a non-willful infringement and up to $150,000 for a willful infringement, even if there is no proof of actual damages, in addition to court costs and reasonable attorneys’ fees. The government also can file criminal charges that can result in fines and imprisonment.
Argosy University’s policies in regard to copyright infringement via the Internet prohibit the illegal downloading or unauthorized distribution of copyrighted materials using the institution’s information technology system. Argosy University’s policies prohibit use of the Argosy University computer network to engage in illegal copying or distribution of copyrighted works such as by unauthorized peer-to-peer file sharing (i.e., the sharing of copyrighted works, typically in digital or electronic files), without permission.