STATE OF FLORDA DEPARTMENT OF EDUCATION DEPARTMENT OF EDUCATION, COMMISSION FOR INDEPENDENT EDUCATION, Petitioner, (a) 2 -OD 3 | vs. Case No. 2002-0001 THE ACADEMY OF WESTON, Respondent, ADMINISTRATIVE COMPLAINT COMES NOW, the Petitioner, Department of Education, hereinafter referred to as “Petitioner,” by and through undersigned counsel, files this administrative Complaint before the Commission for Independent Education against the Academy of Weston hereinafter referred to as “Respondent,” and alleges: 1. Petitioner is the state agency charged with licensing and regulating all nonpublic post secondary career schools pursuant to Sections 246.201-246.231, Florida Statutes, and the rules _ promulgated thereto. 2. Respondent is, and has been at all times material hereto, a licensed school, having been issued license No. 2509. 3. Respondent’s last known address and address of record is 1040 Weston Road, Ste. 315, Weston, FL 33326. Exhibit “A” 4. On or about May 31, 2002, Respondent was advertising on a website stating: a. The Academy guarantees to be the lowest priced Microsoft Certified Computer training center in the country! b. The Academy guarantees you will pass the certification exams. c. The ‘Academy is South Florida’s premier Microsoft Certified Technical Education Center. 5. On or about May 31, 2002, Petitioner contacted Respondent by phone and informed, Respondents’s President, Me. John Steele, that his website advertising was violating the Petitioner’s rules. Mr. Steele assured Petitioner that the website violations would be corrected by the following week. A 6. Respondent did not make any attempt to change the website. On or about October 14, 2002, further investigation revealed that the Respondents’ website advertising was still advertising the following: a. The Academy guarantees to be the lowest priced Microsoft Certified Computer training center in the country! b. The Academy guarantees you will pass the certification exams. c. The Academy is South Florida’s premier Microsoft Certified Technical Education Center. 7. In May 2002, Petitioner received an Academy advertising flyer where Respondent stated the following in the advertisement: a. Guaranteed lowest priced Microsoft school in the country b. Test pass guarantee! c. Free job placement! d. Do you want to make $65,900.00 as a Network engineer Next Year? We have Ww the training and the Jobs waiting for you... 8. On or about June 3, 2002, Petitioner received a faxed advertising flyer about the Academy. The faxed advertising flyer dated June 2, 2002 stated: “The Academy has become one of South Florida’s leading MSCE institutions.” 9. On or about June 5, 2002, Petitioner informed Respondent by letter that all the schools, known as “The Academy,” shall submit copies of all advertising to the Petitioner for approval including scripts for all radio and television ads, photocopies of all print media and regular updates(weekly) about the website. No website updates have been provided to Petitioner to date. 10. On or about August 12, 2002, Petitioner received a complaint about the Academy’s i radio advertisement, Upon further investigation, Petitioner discovered that the Academy was running a radio advertisement in South Florida that stated: “During the month of August, all students taking the Network Engineer’s Program will receive a Dell Computer as part of the program.” 11. On or about August 28, 2002, Petitioner spoke to Respondent’s employee, Ms. Anne McSoley, and told her of the advertising violations. Ms. McSoley agreed that the Academy would pull the radio advertisement and any other advertisement that has similar language _ because of the violations. She further agreed that the Academy would offer free computers to alll of their students in the Network Associate and Network Engineering programs, all the time instead of by the month. 12. On or about August 28, 2002, Petitioner sent a follow-up letter reiterating the conversation that took place with Ms. McSoley detailing The Academy’s rule violations pertaining to radio advertisement. 13. On September 4, 2002, Respondent responded to Petitioner on letterhead listing Miami, Weston, Ft. Lauderdale, West Palm Beach, Clearwater, Tampa and, Orlando for its school locations. No licensed schools exist in Tampa and Orlando. Attached to the letter was radio script advertisement stating: “During the month of September all qualified students who enroll in the network engineers program will receive a Dell computer.” COUNT ONE 14. Petitioner realleges and incorporates the allegations set forth'in paragraphs one through three and seven as though fully set forth in this Count One. 15. Section 246.228(f), Fiotida Statutes, authorizes disciplinary actions by the Commission for violating any statutory provision or rule of the Commission. 16. Rule 6F-2.004(3), rAd states: “No school, in its advertising or through activities of its owners, officers, or representatives shall guarantee or imply the guarantee of employment or any certain wage or of salary either before enrollment, during the program(s), or after the completion thereof. The term lifetime placement shall not be used.” 17. Based on the foregoing, the Respondent is subject to discipline pursuant to Section 246.228(f), Florida Statutes, for violation of Rule 6F-2.004(3), F.A.C. by advertising on the flyer and implying guaranteed employment with the statement: “Do you want to make $65,900 asa Network engineer Next Year. We have the training and the Jobs waiting for you.” Such a violation subjects Respondent to disciplinary action by the Commission for Independent Education. COUNT TWO 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through thirteen as though fully set forth in this Count Two. 19. Section 246.228(f), Florida Statutes, authorizes disciplinary actions by the 4 Commission for violating any statutory provision or rule of the Commission. 20. Rule 6F-2.004(5), F.A.C., states: “All advertising by a school shall be factual. No statement, illustration, representation or omission shall be made or used which misleads or tends to mislead students or the public. Overstatements, superlatives, or exclusive shall not be used. The word free, shall only be used when there is unconditional access to the item or service without cost or obligation of any type.” 21. Based on the foregoing, the Respondent is subject to discipline pursuant to section 246.2289(f), Florida Statutes, for violation of Rule 6F-2.004(5), F.A.C., by advertising on the website and stating: “The Academy is South Florida’s premier Microsoft Certified Technical Education Center,” by advertising on the faxed advertising flyer that: “ The Academy has become one of South Florida’s leading MSCE institutions” and the radio advertisement that stated: “During the month of August, all students taking the Network Engineer’s program will receive a Dell computer as part of the program.” Respondent also violated said rule by listing two locations of non-licensed schools, Tampa and Orlando on the letterhead which is not factual. Such violations subject Respondent to disciplinary action by the Commission for Independent Education. COUNT THREE 22. Petitioner realleges and incorporates the allegations set forth in paragraphs one through seven as though fully set forth in this Count Three. 23, Section 246.228.(f), Florida Statutes, authorizes disciplinary actions by the Commission for violating statutory provision or rule of the Commission. 24, Rule 6F-2.004(12), FA.C., states: “A guarantee of placement for graduates shall not be promised or implied by any school owner, partner, officer, employee, agent or salesman thereof.” 25. Based on the foregoing, the Respondent is subject to discipline pursuant to Section 246.228(f), Florida Statutes, for violation of Rule 6F-2.004(12), F.A.C., by stating on the advertisement flyer that there is “free job placement.” And, therefore Respondent is subject to disciplinary action by the Commission for Independent Education. WHEREFORE, Petitioner respectfully requests the Commission for Independent Education to enter an Order imposing one or more of the following penalties: revocation or suspension of the Respondent’s license, imposition of an administrative fine; assessment of the costs for investigation and prosecutiqn of this matter; issuance of a reprimand; placement of the Respondents’s license on probation for a period of time and subject to terms and/or conditions; corrective action; refund of fees vied and collected; and/or any other relief which the Commission deems appropriate. signeD this tayor_ Opera bey » 2002. . pb ®y. 2 “richly cKinney pan Asian Attorney General COUNSEL FOR PETI ; FILED ° MTIONER Commission for Independent Education i Agency Clerk June McKinney Bartelle gency Cler Assistant Attorney General Office of the Attorney General CLERK amie Administrative Law Section PL-01, The Capitol pate (eoombtrr 4, 2a0 Tallahassee, FL 32399-1050. F.\Users\ADMINVune\Cormm for Indpt Ed\Prosecution\Dec 02 PCP\WESTON\Academy of Weston #2509.wpd PCP 12/05/02

Docket for Case No: 03-000221