compucampus notices, orders and financial penalties

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1 Ministry of Training, Colleges and Universities Office of the Superintendent Private Career Colleges Branch 77 Wellesley Street West Box 977 Toronto ON M7A 1N3 Ministère de la Formation et des Collèges et Universités Bureau du Surintendent Direction des colleges privés d'enseignement professionnel 77, rue Wellesley Ouest Boîte 977 Toronto ON M7A 1N3 Particulars of a Compliance Order S. 49 (2) Private Career Colleges Act, 2005 (“Act”) June 4, 2014 These particulars are posted following the issuance of a Compliance Order against a registered private career college by the Superintendent of Private Career Colleges pursuant to s. 46 (2) of the Act. Original service date: April 25, 2014 Compucampus Inc./Compucampus Inc. operating as Compucampus College 1368 Ouellette, Suite 301 Windsor, ON N8X 1J9 Contraventions The Superintendent has ordered Compucampus Inc./Compucampus Inc. operating as Compucampus College to stop contravening the following provisions of the Act or regulations: O. Reg 415/06, s. 41 – Qualifications of instructional staff O. Reg. 415/06, s. 45 – Student files Act, s. 31 – Complaint Procedure, read with O. Reg 415/06, s. 36 (1) – Student complaint procedure Act, s. 29 – Fee refund policy, read with O. Reg, 415/06, ss. 24 to 33 Act, s. 15 (3) – Registrant to comply with conditions Act, s. 23 (6) – Changes to vocational program O. Reg 415/06, s. 17 – Advertising Records O. Reg 415/06, s. 19 (6) – Admission requirements O. Reg 415/06, s. 12 - Condition of approval and duration

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Record of notices, orders and financial penalties issued to CompuCampus College in Windsor by the Ministry of Training, Colleges and Universities.

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Ministry of Training, Colleges and Universities

Office of the Superintendent

Private Career Colleges Branch 77 Wellesley Street West Box 977 Toronto ON M7A 1N3

Ministère de la Formation et des Collèges et Universités

Bureau du Surintendent

Direction des colleges privés d'enseignement professionnel 77, rue Wellesley Ouest Boîte 977 Toronto ON M7A 1N3

Particulars of a Compliance Order

S. 49 (2) Private Career Colleges Act, 2005 (“Act”)

June 4, 2014

These particulars are posted following the issuance of a Compliance Order against a

registered private career college by the Superintendent of Private Career Colleges pursuant to

s. 46 (2) of the Act.

Original service date: April 25, 2014

Compucampus Inc./Compucampus Inc. operating as Compucampus College

1368 Ouellette, Suite 301

Windsor, ON N8X 1J9

Contraventions

The Superintendent has ordered Compucampus Inc./Compucampus Inc. operating as

Compucampus College to stop contravening the following provisions of the Act or regulations:

• O. Reg 415/06, s. 41 – Qualifications of instructional staff

• O. Reg. 415/06, s. 45 – Student files

• Act, s. 31 – Complaint Procedure, read with O. Reg 415/06, s. 36 (1) – Student

complaint procedure

• Act, s. 29 – Fee refund policy, read with O. Reg, 415/06, ss. 24 to 33

• Act, s. 15 (3) – Registrant to comply with conditions

• Act, s. 23 (6) – Changes to vocational program

• O. Reg 415/06, s. 17 – Advertising Records

• O. Reg 415/06, s. 19 (6) – Admission requirements

• O. Reg 415/06, s. 12 - Condition of approval and duration

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Required Actions

By May 9, 2014, Compucampus Inc./Compucampus Inc. operating as Compucampus

College is required by the Superintendent to provide written confirmation signed by a person

with authority to bind the corporation, together with all available supporting evidence,

confirming that they:

A. Will only employ a person to provide instruction in a vocational program who is

qualified, as per section 41 of the Regulation;

B. Will maintain student files containing the information prescribed in section 45 of the

Regulation;

C. Will establish a procedure to resolve student complaints which includes all of the

information specified in section 36 (1) of the Regulation;

D. Will implement a refund policy in compliance with section 29 of the Act and subsections

24 to 33 of the Regulation;

E. Have corrected the calculations of refunds owing to two specified students and have

forwarded any funds owing to those students;

F. Shall comply with conditions of registration or renewal of a registration, as specified by

the Superintendent or prescribed by regulation, as per section 15 (3) of the Act;

G. Will only offer programs as approved, as per section 23 (6) of the Act;

H. Will comply with the advertising records provisions contained in section 17 (1) of the

Regulation;

I. Will not impose undue pressure on, coerce or otherwise require a student to obtain a

product or service from a particular person, including the private career college and any

of its affiliates, as a requirement for admission to a vocational program offered by the

college, as per section 19 (6) of the Regulation; and

J. Will inform each student enrolled in the program of the result of an evaluation of the

student’s progress, as per section 12 of the Regulation.

Ministry of Training, Ministère de la Formation Colleges and Universities et des Collèges et Universités Private Career Colleges Branch Direction des colleges 9th Floor, Mowat Block privés d'enseignement professionnel 900 Bay Street 9e étage, édifice Mowat Toronto ON M7A 1L2 900, rue Bay Toronto ON M7A 1L2

RESTRAINING ORDER, NOTICE OF CONDITIONS ADDED TO REGISTRATION, AND ORDER TO APPLY FOR PROGRAM APPROVAL RENEWAL

SERVED BY COURIER, FAX TO 519-971-8056 AND BY EMAIL TO [email protected] March 3, 2010 CompuCampus Inc. operating as CompuCampus College 301-1368 Ouellette Avenue Windsor, ON N8X1J9 Attention: Dr. Ziad Alhihi, Director of CompuCampus Inc. Restraining Order This is a Restraining Order issued under the authority of section 46 of the Private Career Colleges Act, 2005. As the Superintendent of Private Career Colleges, I hereby order CompuCampus Inc. o/a CompuCampus College (CompuCampus) to stop contravening s.15(3) of the Private Career Colleges Act, 2005 (Act), and otherwise to comply with the Act and Regulations. A designate of the Superintendent visited 171 Queens Avenue, London, Ontario to conduct a new facility inspection of CompuCampus (Registration No. 105857). This inspection was conducted as the final step in the process before the Superintendent considers approval for the proposed change in campus location from 427 Exeter Road, London, Ontario. The Superintendent’s designate found the proposed campus already open and operating without the necessary approval, and offering vocational programs without being approved at this location contrary to s. 15(3) of the Private Career Colleges Act, 2005. Notice of Condition Added to Registrations Pursuant to s. 15(2) of the Private Career Colleges Act, 2005, I also hereby add the following condition to CompuCampus’ registrations (Registrations Nos. 102198 and 105857):

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At the registrant’s expense, CompuCampus must secure the services of a pre-approved third party (or parties), acceptable to the Superintendent, who: • Meets the qualifications set out in Fact Sheet #3 – Third-Party

Program Assessment (see http://www.edu.gov.on.ca/eng/general/factsheet3.pdf);

• Conducts a physical inspection of all campuses; • Interviews a sample of students (as determined by the third party); • Reviews a sample of student files (as determined by the third party); • Observes instruction of all approved programs; and • Submits reports to the Superintendent setting out their observations

and conclusions, including an opinion as to whether or not the registrant is operating and delivering vocational programs in compliance with the Act and Regulations.

The registrant must cooperate fully with the third party in all examinations and inquiries. The reports are to cover separate time periods as determined by the third party, and be delivered to the Superintendent on April 30, 2010 and July 30, 2010. In order to ensure that the third party is acceptable to the Superintendent, CompuCampus is to submit in writing the name(s), contact information, proposed contract and qualifications of the third party (or parties) it proposes to retain, to the Superintendent not later than March 31, 2010.

Order to Submit Legacy Programs for Renewal Pursuant to s. 14(2) of O.Reg. 415/06, CompuCampus must fully submit the following programs to the Superintendent for renewal by April 23, 2010, failing which the approval(s) will be revoked on April 26, 2010: • Database Administration Diploma • Quality Control Diploma Consequences of Failure to Comply with this Order Failure to comply with these orders may result in any or all of the following actions by the Superintendent:

1. Application for a court order from the Superior Court of Justice to compel compliance;

2. The issuance of further Administrative Monetary Penalties. 3. Prosecution for the offence of failure to comply. Upon conviction by a

court of that offence, a corporation is subject to a fine of up to $100,000; an individual, including an officer or director of a corporation who concurs

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in the commission of the offence, is subject to a fine of up to $25,000, a prison term of up to one year, or both;

4. Immediate suspension or revocation of registrations; 5. Revocation of program approvals.

Obtaining a Copy of the PCCA, 2005 As noted above, the applicable legislation is the Private Career Colleges Act, 2005 and the regulations made thereunder. The legislation and regulations are available at http://www.e-laws.gov.on.ca . If you are unable to access any relevant information on e-laws, you may contact our offices at (416) 314-0500 to request that a copy of the legislation and regulations be sent to you. Service on the Superintendent All information required to be submitted to the Superintendent in this Notice shall be delivered by courier to:

Superintendent of Private Career Colleges 900 Bay St., 9th Floor Mowat Block Toronto, ON M7A 1L2

Sincerely, ORIGINAL SIGNED BY: Allan Scott Superintendent of Private Career Colleges

Ministry of Training, Ministère de la Formation et des Colleges and Universities Collèges et Universités 900 Bay Street 900, rue Bay Toronto ON M7A 1L2 Toronto ON M7A 1L2

Particulars of Notice of Contravention and Review Decision S. 49(1) Private Career Colleges Act, 2005

Tuesday July 6, 2010 These particulars are posted following the issuance of an administrative penalty for which a review was requested. Penalties may be reviewed upon request within 15 days of receipt of a Notice of Contravention. The review decision is made considering not only the information originally available at the time the Notice of Contravention was issued, but also any new information not previously available that may have been supplied in support of the request for a review. On review, an administrative penalty may be upheld, rescinded or reduced. A review decision is final. Original service date: March 3, 2010 Dr. Zaid Alhihi, Director CompuCampus Inc. o/a CompuCampus College 301 – 1368 Ouellette Avenue Windsor, ON N8X 1J9

Description: Original Amount:

Review Decision:

PCCA, s. 15(3) Registrant to comply with conditions On March 2, 2010 a designate of the Superintendent visited 171 Queens Avenue, London, Ontario to conduct a new facility inspection of CompuCampus. The Superintendent’s designate found the proposed campus already open and operating without the necessary approval, and offering vocational programs without being approved at this location contrary to s. 15(3) of the Private Career Colleges Act, 2005.

Penalty of $750 is upheld. The balance of evidence available indicates that CompuCampus Inc. was operating an unapproved campus.

Failure to comply with an order of the Superintendent made under s. 46 of the PCCA.

The penalty was rescinded. The balance of evidence available indicates that CompuCampus Inc. did comply with the December 24, 2009 Restraining and Compliance Order within the required time period.

Total: $750

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Ministry of Training, Ministère de la Formation Colleges and Universities et des Collèges et Universités Student Support Branch Direction du soutien aux étudiants 9th Floor, Mowat Block 9e étage, édifice Mowat 900 Bay Street 900, rue Bay Toronto ON M7A 1L2 Toronto ON M7A 1L2

RESTRAINING ORDER

Wednesday, December 24, 2009 CompuCampus Inc. operating as CompuCampus College 301-1368 Ouellette Avenue Windsor, ON N8X1J9 Via Email, Courier and Fax Attention: Dr. Ziad Alhihi, Director of CompuCampus Inc. This is a Restraining and Compliance Order issued under the authority of section 46 of the Private Career Colleges Act, 2005 (PCCA, 2005). As the Superintendent of Private Career Colleges, I HEREBY ORDER COMPUCAMPUS INC. O/A COMPUCAMPUS COLLEGE TO STOP OPERATING IN CONTRAVENTION OF THE PRIVATE CAREER COLLEGES ACT, 2005 (PCCA, 2005), AND TO COMPLY WITH THE ACT. The detailed reasons supporting my order are set out in Schedule A, attached. In brief, however, the violations of the PCCA, 2005 are that CompuCampus Inc. o/a CompuCampus College (“CompuCampus”) has posted misleading advertising on its website in relation to its Graphic Design program contrary to section 33 of the PCCA, 2005 read with O. Reg. 415/06, s. 16 (1) paragraph 2; has refused to issue the credential approved by the Superintendent under section 25 of the Act for a vocational program to a student who successfully completed the program and fulfilled the terms of the student’s contract with the college contrary to section 46 of O. Reg. 415/06; and has deliberately attempted to mislead the Superintendent’s designate contrary to subsection 38 (10) of the PCCA, 2005. CompuCampus must immediately take the steps outlined below in this order to comply with the PCCA, 2005 :

1. CompuCampus will offer all programs only as currently approved including retaining qualified instructors for all approved programs;

2. CompuCampus will remove all misleading advertising regarding the Graphic Design program;

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3. If CompuCampus intends to advertise that it uses “up to date technologies” and/or “state of the art hardware and software”, it will integrate these features into the Graphic Design program;

4. CompuCampus will provide student XXXXXXX XXXXXXX with a Graphic Design Diploma;

CompuCampus must also provide written confirmation signed by a person with authority to bind the school, together with all available supporting evidence that the steps outlined above have been taken by January 11, 2010. This written confirmation must be delivered by registered mail or courier to my attention and include proof that qualified instructors have been retained and are providing instruction for all programs offered.

Consequences of Failure to Comply with this Order Failure to comply with this order may result in any or all of the following actions by the Superintendent:

1. Application for a court order from the Superior Court of Justice to compel CompuCampus to comply;

2. Issuance of further Administrative Monetary Penalties; 3. Prosecution for the offence of failure to comply. Upon conviction by a

court of that offence, a corporation is subject to a fine of up to $100,000; an individual, including an officer or director of a corporation who concurs in the commission of the offence, is subject to a fine of up to $25,000, a prison term of up to one year, or both.

Obtaining a Copy of the PCCA, 2005 As noted above, the applicable legislation is the Private Career Colleges Act, 2005 and the regulations made thereunder. The legislation and regulations are available at www.e-laws.on.ca. If you are unable to access any relevant information on e-laws, you may contact our offices at (416) 314-0500 to request that a copy of the legislation and regulations be sent to you. Sincerely, ORIGINAL SIGNED BY Allan Scott Superintendent Private Career Colleges Attachments: Schedule A – Detailed Reasons for Decision

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Schedule A – Detailed Reasons for Decision Background On November 23, 2009 this Ministry received a student complaint regarding CompuCampus College. Through the routine investigation of the student’s allegations, further contraventions were brought to light. During the investigation of the student’s complaint, Ministry staff requested information from the institution, interviewed four current students and one graduate of various programs provided by the institution, as well as visited the institution’s website (http://www.CompuCampus.com/) and conducted research into the most current versions of various software programs. Legal and Operating Entities CompuCampus Inc. was incorporated on February 14, 2002. Its registered operating name is CompuCampus College. Contravention of section 33 of the PCCA, 2005 read with O. Reg. 415/06, s. 16 (1) paragraph 2 – Advertising and Content of advertising

CompuCampus was found to have misleading advertising on their website (onward from December 11, 2009) in relation to its Graphic Design program. The institution indicates on its website that this program offers “up to date technologies” and “state of the art hardware and software”. CompuCampus sent correspondence to the Ministry confirming a list of software programs taught; their correspondence acknowledged that they did not always use the most up-to-date version of programs, and further indicated that they meant “up to date technologies” and “state of the art hardware and software” to mean using computer-based Graphic Design instead of manual. This is not a reasonable definition. Contravention of 46 (1) of the O. Reg. 415/06 –Refusal to Issue Credential

CompuCampus failed to provide a rightful credential to student XXXXXX XXXXXXX after being instructed to do so in email correspondence dated December 9, 2009 sent by a designate of the Superintendent. CompuCampus refused, and instead threatened to retroactively “mark [some of her] courses as fail”. To date, the Ministry has not been advised that this credential has been issued to the student, in breach of the contract signed with the student on March 2, 2009.

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Contravention of subsection 38 (10) of the PCCA, 2005 – Obstruction CompuCampus deliberately attempted to mislead the Ministry when requested to provide instructor data qualification forms for computer instructors. CompuCampus provided two Instructor Qualification Forms purporting to identify two administrative staff as qualified instructors. Neither of them was actually employed in an instructor role, nor did they qualify as instructors under section 41 of O.Reg 415/06 under the PCCA, 2005.

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Ministry of Training, Ministère de la Formation et des Colleges and Universities Collèges et Universités 900 Bay Street 900, rue Bay Toronto ON M7A 1L2 Toronto ON M7A 1L2

Particulars of Notice of Contravention and Review Decision S. 49(1) Private Career Colleges Act, 2005

Thursday, December 24, 2009 These particulars are posted following the issuance of an administrative penalty for which a review was requested. Penalties may be reviewed upon request within 15 days of receipt of a Notice of Contravention. The review decision is made considering not only the information originally available at the time the Notice of Contravention was issued, but also any new information not previously available that may have been supplied in support of the request for a review. On review, an administrative penalty may be upheld, rescinded or reduced. A review decision is final. Original service date: December 14, 2009 Dr. Ziad Alhihi, Ph.D. Director CompuCampus Inc. operating as CompuCampus College 301-1368 Ouellette Avenue Windsor, ON N8X 1J9 Description: Original

Amount: Review Decision:

Act s. 23 (6) – changes to a vocational program (Count 2)

Ministry interviews with students on December 7 and 8, 2009 indicate that CompuCampus offered modules of approved programs without any qualified instructor as required.

$750 Upheld $750 – One time penalty.

Act s. 23 (6) – changes to a vocational program (Count 3)

$750 Rescinded

Act, s. 33 – Advertising, read with O. Reg. 415/06, s.16 (1) paragraph 2 – Content of advertisement

CompuCampus was found to have misleading advertising on their website (onward from December 11, 2009) in

$1,000 Upheld $1,000 – One time penalty.

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relation to its Graphic Design program. The institution indicates on its website that this program offers “up to date technologies” and “state of the art hardware and software”. CompuCampus sent correspondence to the Ministry confirming a list of software programs taught; subsequent research shows that the majority of these programs are outdated and do not provide the graduate with employable skills.

Act, s. 38 (6) – Inquiries and examinations, Duty to assist

$1,000 Rescinded

Act, s.38 (10) – Inquiries and examinations, Obstruction

CompuCampus deliberately attempted to mislead the Ministry when requested to provide instructor data qualification forms for computer instructors. CompuCampus provided two Instructor Qualification Forms purporting to identify two administrative staff as qualified instructors. Neither of them were actually employed in instructor roles, nor were they qualified as instructors under the PCCA, 2005. In addition, Ziad Alhihi, acting as a Director of the corporation, hindered the Superintendent’s designate in her attempts to conduct inquiries and examinations, by refusing on November 30, 2009 to supply information or provide assistance required by the Superintendent’s designate.

$1,000 Upheld $1,000 – One time penalty.

*Act s. 23 (6) – changes to a vocational program (Count 1)

$750 Upheld $750 – One time penalty.

Total: $3,500 * On Wednesday, January 13, 2010 a decision in regards to the review of this particular contravention was issued.

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