32-3051. Grounds for disciplinary action

The board may take disciplinary action against any person licensed pursuant to this chapter for any one or a combination of the following reasons:

1. Violation of this chapter or rules adopted pursuant to this chapter.

2. Conviction of a felony or any crime related to the operation of an educational institution.

3. Engaging in fraudulent advertising.

4. Failure to reapply as prescribed by the board for a license issued under this chapter if the licensee is continuing in business.

5. Engaging in false or misleading advertising, solicitation or recruitment practices.

6. Unprofessional or dishonorable conduct by the licensee or any employee, administrator, owner, member, officer, director or agent of the licensee, whether occurring in this state or elsewhere, including:

(a) Engaging in sexual conduct with a student who is not the person's spouse at the time of the conduct. For the purposes of this subdivision, " sexual conduct" means either of the following:

(i) Engaging in or soliciting a sexual relationship, whether consensual or nonconsensual.

(ii) Making sexual advances, requesting sexual favors or engaging in any other verbal or physical contact of a sexual nature.

(b) Verbally abusing a student or employee.

(c) Threatening or intimidating by word or conduct causing physical injury to a student.

(d) Intentionally, knowingly or recklessly causing any physical injury to a student.

(e) Knowingly touching a student with the intent to injure, insult or provoke the student.

7. Failure to comply with all state and federal laws relating to the operation of a private postsecondary educational institution.

8. Failure to comply with applicable standards of accreditation as determined by the board.

9. Failure to be financially responsible as determined by the board.

10. Failure to have adequate management capability as determined by the board.

11. Failure to provide the approved program as determined by the board.

12. Failure to provide faculty who meet the minimum qualifications as determined by the board.

13. Failure to provide the facility, equipment and other resources to operate the program.

14. Failure to follow published administrative policies, procedures and fees of the educational institution.

15. Failure to offer published student services.

16. Failure to maintain records as prescribed by rule.

17. Failure to provide a safe learning environment.

18. Failure to comply with a board order, consent agreement, stipulation, subpoena or investigative request.