Ethical Recruitment, Admission, and Enrollment of Students Policy
Chapter 3140
Issued October 2024
.010 Purpose
.020 Definitions
.030 Policy Statement
.040 Procedures
.050 Related Statutes, Regulations, or Policies
.060 Policy Administration and Review
.070 Questions
.010 Purpose
This policy ensures compliance with program integrity requirements, consistent with the regulations issued by the U.S. Department of Education related to restrictions on recruitment and payment of incentive compensation and the Education Partnership Memorandum of Understanding between Kansas State University and the U.S. Department of Defense. This policy applies to all Kansas State University employees and agents (including employees and contractors, whether individual persons or entities), with particular focus on those who recruit students (including military service members), engage in other admission activities, and/or those who make decisions regarding the awarding of financial assistance to students.
.020 Definitions
Commission, bonus, or other incentive payment means a sum of money or something of value, other than a fixed salary or wages, paid to or given to a person or an entity for services rendered.
Securing enrollments or the award of financial aid means activities that a person or entity engages in at any point in time through completion of an educational program for the purpose of the admission or matriculation of students for any period of time or the award of financial aid to students.
These activities include contact in any form with a prospective student, such as, but not limited to: contact through preadmission or advising activities, scheduling an appointment to visit the enrollment office or any other office of the university, attendance at such an appointment, or involvement in a prospective student's signing of an enrollment agreement or financial aid application.
These activities do not include making a payment to a third party for the provision of student contact information for prospective students provided that such payment is not based on:
- Any additional conduct or action by the third party or the prospective students, such as participation in preadmission or advising activities, scheduling an appointment to visit the enrollment office or any other office of the university or attendance at such an appointment, or the signing, or being involved in the signing, of a prospective student's enrollment agreement or financial aid application; or
- The number of students (calculated at any point in time of an educational program) who apply for enrollment, are awarded financial aid, or are enrolled for any period of time, including through completion of an educational program.
Entity or person engaged in any student recruitment or admission activity or in making decisions about the award of financial aid means:
- With respect to an entity engaged in any student recruitment or admission activity or in making decisions about the award of financial aid, any institution or organization that undertakes the recruiting or the admitting of students or that makes decisions about and awards title IV, HEA program funds.
- With respect to a person engaged in any student recruitment or admission activity or in making decisions about the award of financial aid, any employee who undertakes recruiting or admitting of students or who makes decisions about and awards Title IV, HEA program funds, and any higher-level employee with responsibility for recruitment or admission of students, or making decisions about awarding Title IV, HEA program funds.
Enrollment means the admission or matriculation of a student.
Military Service Member: Active member of the "uniformed services," consisting of the U.S. armed forces (Army, Navy, Air Force, Marine Corps, Space Force and Coast Guard), the Commissioned Corps of the National Oceanic and Atmospheric Administration (NOAA) and the Commissioned Corps of the Public Health Services.
.030 Policy Statement
Kansas State University prohibits inducements, including any gratuity, favor, discount, entertainment, hospitality, loan, transportation, lodging, meals, or other item having a monetary value of more than a de minimis amount, to any individual or entity, or its agents including third party lead generators or marketing firms, other than salaries paid to employees or fees paid to contractors in conformity with all applicable laws for the purpose of securing enrollments of students or obtaining access to financial aid.
Providing any commission, bonus, or other incentive payment based directly or indirectly on securing enrollments or federal financial aid, including Military Tuition Assistance funds, to any persons or entities engaged in any student recruiting, admission activities, or making decisions regarding the award of student financial assistance is also prohibited. These restrictions do not apply to the recruitment of foreign students residing in foreign countries who are not eligible to receive Federal student assistance.
As a Title IV institution, the University remains responsible for the actions of any entity that performs functions and tasks on its behalf. These responsibilities include ensuring that employees are not paid for services that would convert these payments into prohibited incentive compensation because of the activity the employees engage in.
In addition, Kansas State University prohibits all employees and those acting on the university's behalf from using high-pressure recruitment tactics specifically including but not limited to making multiple unsolicited contacts (three or more), including contacts by phone, email, or in-person, and engaging in same-day recruitment and registration for the purpose of securing service member enrollments.
.040 Procedures
For the purpose of this policy, an employee who receives multiple adjustments to compensation in a calendar year and is engaged in any student enrollment or admission activity or in making decisions regarding the award of Title IV, HEA program funds is considered to have received such adjustments based upon success in securing enrollments or the award of financial aid if those adjustments create compensation that is based in any part, directly or indirectly, upon success in securing enrollments or the award of financial aid.
However, Kansas State University, organizations that are contractors to Kansas State University, and other entities may make:
- Merit-based adjustments to employee compensation provided that such adjustments are not based in any part, directly or indirectly, upon success in securing enrollments or the award of financial aid; and
- Tuition sharing payments so long as such payments are not provided to any person or entity engaged in student recruitment or admission activity or in making decisions regarding the award of Title IV, HEA program funds.
Educational institutions sponsored scholarships or grants and tuition reductions available to military students are permissible.
Department of Education guidance on the prohibition on incentive compensation, including frequently asked questions and examples of activities and types of payments that are subject to the prohibition and those that are exempt is available on the Department of Education website at https://fsapartners.ed.gov/knowledge-center/library/dear-colleague-letters/2011-07-20/gen-11-14-subject-implementation-program-integrity-regulations.
.050 Related Statues, Regulations or Policies
- Department of Education (34 C.F.R. 668.71-668.75, 14, and 600.9);.
- Department of Defense Memorandum of Understanding.
- Federal Student Aid Program Participation Agreement.
- Higher Learning Commission (HLC) Policy on Recruiting, Admissions and Related Institutional Practice.
- NACAC's Code of Ethics and Professional Practices.
.060 Policy Administration and Review
Approval Authority: Provost and Executive Vice President
Policy Manager: Vice Provost for Enrollment Management
Policy Review: This policy is reviewed at least annually.
.070 Employment or Volunteer Engagement of Minor Children
Questions related to information in this policy should be directed to the Office of Enrollment Management at vpem@k-state.edu.
