Common use of PHYSICAL PRESENCE Clause in Contracts

PHYSICAL PRESENCE. Generally, an institution has physical presence when it operates a campus, branch instructional facility whether leased or owned, or administrative office within the boundaries of a state. However, because the specific definitions of physical presence currently vary greatly from state to state, especially with regard to out-of-state institutions that seek to conduct any activity within another state, ▇▇▇▇ has established its own uniform standard for physical presence vs. distance education. For purposes of participation in ▇▇▇▇, this standard applies, but it does not affect the application of existing state laws to institutions that choose to operate outside of ▇▇▇▇ or which are based in states that are not ▇▇▇▇ members. a. For purposes of ▇▇▇▇, an institution has physical presence and therefore must meet the state’s current non-▇▇▇▇ requirements if it does any of these things in a state: 1. Establishes a physical location for students to receive synchronous or asynchronous instruction; 2. Requires students to physically meet in a location for instructional purposes more than twice per full-term (quarter or semester) course for a total of more than six hours; 3. Establishes an administrative office; 4. Provides information to students for the purpose of enrolling students, or provides student support services, from a physical site operated by or on behalf of the institution in the state; 5. Offers a “short course” that requires more than 20 contact hours in one six-month period; 6. Provides office space to instructional or non-instructional staff; 7. Maintains a mailing address or phone exchange in a state. N1 - Casual use of a mobile phone by institutional representatives passing through a state and who are otherwise in compliance with ▇▇▇▇ does not violate this section. 8. Carries out field study or field research located at a field station, research station or other physical site at which a faculty member or other institutional employee or contractor supervises or otherwise directs two or more students in an activity exceeding the allowable short course length set forth in Subsection 5.4 and which either bears academic credit or is a requirement for a course or program. b. An institution does not have physical presence, and is therefore covered by ▇▇▇▇ in ▇▇▇▇ member states, if it is only: 1. Offering courses to individuals via distance education in ways that do not require students to gather physically in groups, excepting the special provisions in Section 5; 2. Advertising to students whether through print, billboard, direct mail, internet, radio, television or other medium; 3. Offering distance education courses on a military base or vessel if enrollment in such courses is limited to active and reserve military personnel, their dependents, and civilian employees of the installation; 4. Maintaining a server, router or similar electronic service device housed in a facility that otherwise would not constitute physical presence (the presence of a server or similar pass-through switching device does not by itself constitute the offering of a course or program in that state); 5. Having faculty, adjunct faculty, mentors, tutors, recruiters or other academic personnel residing in a member state and working from their homes or another private, non-institutional site, provided that such staff is not engaged in activities that would otherwise constitute physical presence as defined by these Policies and Standards; 6. Holding proctored exams on behalf of the institution in the host state; 7. Having contractual arrangements in the home or host state, e.g. procurement contracts or course offerings through consortium agreements; 8. Operating limited supervised field experiences (See subsection 5.13); 9. Using recruiters in a ▇▇▇▇ member state. This provision is not restricted to recruiting for courses or programs offered under ▇▇▇▇, and does include athletic recruiting. 10. Engaging in field trips to visit existing sites or facilities for academic purposes not involving the establishment of residential or instructional facilities.