| Policy Title | Third-Party Providers Policy |
| Policy Category | Academic Policies |
| Policy Approval Date | July 24, 2025 |
| Policies Superseded | None |
| Responsible Office(s) | Office of the Provost |
| Related Policies | None |
| Frequency of Review | 5 Years |
| Date of Next Review | July 2030 |
I. Scope
This Third-Party Providers Policy (“Policy”) applies to all Third-Party Providers engaged by the University to deliver Services, as that term is defined in Section IV below, including student learning opportunities, student support services, assessment services, and operational and business functions. Capitalized terms not otherwise defined within this Policy are defined in Section IV below.
II. Policy Statement
This Policy establishes guidelines for the selection, oversight, and evaluation of Third-Party Providers to ensure that all Services align with the University’s mission, goals, and accreditation standards, including those set by the Middle States Commission on Higher Education (MSCHE) and the U.S. Department of Education (DOE). This Policy is intended to establish requirements to ensure the quality, integrity, and transparency of all activities conducted by Third-Party Providers to provide Services for the University. In addition, this Policy is specifically intended to comply with the Third-Party Providers Policy of the MSCHE and DOE regulations.
III. Policy
The University retains ultimate responsibility for the quality and integrity of all Services, regardless of whether they are delivered directly or through a Third-Party Provider. All Agreements with Third-Party Providers must align with the University’s mission, strategic goals, and accreditation requirements. Third-Party Providers must meet high standards of quality and effectiveness, as determined by the University. In addition, Third-Party Providers
must agree to adhere to all applicable laws and regulations, including the Family Educational Right to Privacy Act (FERPA), Title IV of the Higher Education Act of 1965 (Title IV), and student privacy and consumer protection requirements. The University will regularly assess the performance of Third-Party Providers to ensure compliance with contractual obligations, accreditation standards, and applicable laws and regulations. All Agreements with Third-Party Providers must clearly define the roles, responsibilities, and performance expectations for the Third-Party Provider, and will specify that the University will maintain oversight of all Services to ensure compliance with accreditation requirements, including MSCHE requirements, and all applicable laws and regulations.
A. Selection of Third-Party Providers
The University will conduct a thorough vetting process to ensure that Third-Party Providers have the expertise, resources, and reputation to deliver high-quality Services. The University will further ensure that Providers demonstrate compliance with MSCHE standards, other relevant accreditation requirements, and all relevant laws and regulations.
B. Agreements
The University will enter into a formal written Agreement with all Third-Party Providers. The term “Agreement” shall have the same meaning as the term “Agreement” as used by MSCHE. The University will ensure that all such documents will include the following, at a minimum:
- Description of the Services provided by the University;
- Description of the Services provided by the Third-Party Provider, including how such Services will be delivered;
- Term of the Agreement;
- The institution that will award credit and degree(s), if applicable;
- Compensation for Services by each party, including faculty;
- Terms of evaluation and conditions under which the Agreement may be terminated and/or renewed;
- Protections for students if the Agreement is terminated or amended, if applicable;
- Protections for the secure maintenance of student records, if applicable;
- Procedures for addressing grievances; and
- Venue(s) for addressing perceived breach of contract, including appropriate legal jurisdictions.
Agreements must be reviewed and approved by the University’s legal counsel and relevant administrative offices. The University will also ensure that all Agreements include terms enabling the University to fulfill the obligations specified in Sections B, C, and D.
C. Accuracy of Public Information
The University will maintain oversight of all marketing, advertising, and recruitment activities conducted by Third-Party Providers to ensure accuracy of how the Service is represented. Specifically, the University will ensure that all information related to its relationship with a Third-Party Provider is accurate, including information on the University’s website, in any tangible written materials, and in all required disclosures to the public, accrediting organizations, and any government entity. All information and disclosures about Third-Party Providers will include the following:
- A description of the Agreement, in clear, concise, student-focused language;
- Information related to the Services that the other entity will provide;
- Description of the roles and titles of staff from the Third-Party Provider who will provide the Services;
- Method of delivery for the Services that the University does not provide; and
- Estimated additional costs that students may incur as a result of enrolling in an Educational Program offered through the Agreement.
D. Oversight
The University will oversee the following specific areas for all Services conducted by Third-Party Providers, including but not limited to:
- Teaching and instruction;
- Marketing, advertising, and recruitment materials;
- Admissions criteria;
- Tuition and fees;
- Enrolled student records, including measures for privacy and security of such records;
- Faculty qualifications and appointment;
- Curriculum planning and development;
- Course/program content and rigor, including any intellectual property;
- Outcomes assessment for student learning;
- Academic advising, counseling, tutoring, and support services;
- Awarding of course credit, degrees, or credentials; and
- Transcripts.
The University will ensure that all Agreements with Third-Party Providers include terms that permit the University to exercise adequate oversight over these factors.
E. Compliance with Law and Accreditation Requirements
The University will comply with all DOE regulations, including the requirements set forth in 34 C.F.R. § 668.5, and all requirements set forth by relevant accrediting organizations, including MSCHE.
F. Review and Assessment
The University will regularly assess and evaluate all Third-Party Providers and the Services they provide. This assessment and evaluation will occur at least once every two years, but may occur more frequently if necessary. The assessment will be conducted by a committee of University employees knowledgeable about the program and Services provided by the Third-Party Provider, accrediting requirements, and the requirements of this Policy. This committee will include a representative from the Office of General Counsel, the Accreditation Liaison Officer for Middle States, and other staff, as appropriate. The assessment and evaluation will include gathering feedback from University students, faculty, and staff, and will be memorialized in writing. If the assessment and evaluation reflect that action by the University is required to maintain the quality of the program or Services, the University will document that follow-up action.
G. Data Security and Privacy
Third-Party Providers must comply with all applicable data security and privacy laws, including FERPA, the General Data Protection Regulation (GDPR), and any other state, federal, or international laws and regulations. The University will ensure that all Agreements with Third-Party Providers reflect this requirement.
IV. Definitions
Educational Program: A legally authorized postsecondary program of organized instruction or study that leads to an academic, professional, or vocational degree, or certificate, or other recognized educational credential, or is a comprehensive transition and postsecondary program, as described in 34 C.F.R. § 668.
Services: Provided by Third-Party Providers to the University, including:
- The delivery of student learning opportunities such as non-credit, workforce development, internships, clinical experiences, student teaching, and/or credit-bearing educational programs;
- Student support services such as advising, counseling, tutoring, international student management (such as English as a Second Language (ESL) support), marketing, recruitment, advertising, campus safety, food or dining services;
- Services for the assessment of student learning;
- Operational or business functions of the institution such as procurement, University-sponsored travel, information technology, or human resources.
Third-Party Provider: an external entity, institution, or organization that provides Services to the University under an Agreement. The term Third-Party Providers does not include third parties with whom the University contracts solely for goods, books, supplies, products, equipment, or software programs.
Title IV of the Higher Education Act of 1965 or Title IV: Refers to federal financial aid programs under the Higher Education Act of 1965, as amended, which provide funding to eligible students and institutions.
University: Arcadia University, its colleges, schools, affiliates, divisions and subsidiaries.
Agreement: A formal written agreement between the University and a Third-Party Provider that outlines the roles, responsibilities, and expectations of both parties to provide Services as set forth in the definition of Third-Party Provider.
V. Effective Date
This Policy is effective on the date that it is signed by the President.
VI. Date of Approval
July 24, 2025
