N.J. Admin. Code § 9A:1-6.3

Current through Register Vol. 56, No. 11, June 3, 2024

Section 9A:1-6.3 - Branch campuses and additional locations established by a public research university or a State college outside of New Jersey or outside of the United States

(a) The governing board of a public research university or a State college that seeks to establish a branch campus or additional location outside of the State or country that will serve at least 100 students of the institution shall submit a plan for the branch campus or additional location for review and approval by the Secretary.

(b) The plan for the branch campus or additional location shall include the following:

1. All of the information required pursuant to N.J.A.C. 9A:1-6.2(b)1 through 7;

2. A description of the higher educational needs of the country or region in which the branch campus or additional location shall be located;

3. A description of the proposed branch campus or additional location and its proposed programs and curriculum;

4. An estimate of the cost of establishing and maintaining the branch campus or additional location, including the cost of any planned acquisition or construction of facilities;

5. A statement that the branch campus or additional location will comply with the provisions of the Open Public Records Act, P.L. 1963, c. 73 (N.J.S.A. 47:1A-1" et seq.);

6. Evidence that the branch campus or additional location serves a compelling State interest;

7. Evidence that the branch campus or additional location does not impose excessive costs to the State. Such evidence may include, but is not limited to, the following:

i. Net cost to the State of the branch campus or additional location, including any longterm expenses;

ii. Any financial liabilities to the State that may be incurred as a result of the branch campus or additional location; and

iii. Information indicating that the financial sustainability of the branch campus or additional location would allow for it to continue operations year after year;

8. Evidence that the branch campus or additional location does not impose reputational risk to the State. Such evidence may include, but is not limited to, an attestation that the applicant will continually notify the State of:

i. All major financial and governance transactions made between the institution and the out-of-State/out-of-country host;

ii. Any agreement(s) made between the institution and the out-of-State/out-of-country host in advance of the institution entering into such agreements;

iii. Any additional requirements imposed by the out-of-State/out-of-country host that are not already mandated by the State; and

iv. Any gifts received, including any gift that was later returned or any gift for which compensation was paid after receipt;

9. Evidence that the branch campus or additional location does not impose a risk to the security interests of the State or Federal government. Such evidence may include, but is not limited to:

i. Documentation of pre-clearance from the United States Department of Homeland Security, along with a plan to comply with any requirements imposed by the United States Department of Homeland Security as a condition to the receipt of pre-clearance by the institution; and

ii. Documentation of pre-clearance from the New Jersey Office of Homeland Security and Preparedness, along with a plan to comply with any requirements imposed by the New Jersey Office of Homeland Security and Preparedness as a condition to the receipt of preclearance by the institution; and

10. Documentation that all faculty and members of the professional staff not holding faculty rank performing services at a branch campus or additional location outside the State or country shall be paid and provided benefits in the same manner as all other employees of that institution within the State.

(c) Upon receipt of a plan submitted by the governing board of a public research university or a State college for a branch campus or additional location outside of the State or country, OSHE staff shall notify all New Jersey institutions of higher education of the receipt of the plan and shall provide each New Jersey institute of higher education a brief summary of the plan along with information on how to obtain the plan from the OSHE website. Each New Jersey institution of higher education will have 30 days from the notification date to submit to OSHE their comments. Comments should focus on how the institution would be affected by the proposed branch campus.

1. If no concerns are raised about the plan, OSHE staff shall forward the plan directly to the Secretary for review and determination.

2. If concerns are raised, OSHE staff shall send the plan and any related materials to the Presidents' Council for review. The Secretary will accept recommendations from the Presidents' Council in regard to the plan if the recommendations are submitted to OSHE within 60 days from the date of receipt by the Presidents' Council of the plan and any related materials.

3. The Secretary shall consider the recommendation of the Presidents' Council when making a determination on the plan.

4. Prior to a determination on the plan by the Secretary, OSHE staff shall also:

i. Conduct a review of the plan utilizing the assistance of an external consultant team that is mutually acceptable to the institution that submitted the plan and the Secretary;

ii. Solicit comments from additional interested parties, including, faculty and members of professional staff not holding faculty rank at the public research university or State college; and

iii. Conduct a site visit at the proposed site of the branch campus or additional location.

N.J. Admin. Code § 9A:1-6.3

Amended by 47 N.J.R. 3112(a), effective 12/21/2015

Adopted by 54 N.J.R. 433(a), effective 3/7/2022