STATE OF FLORIDA COMMISSION FOR INDEPENDENT EDUCATION IN RE: BEYOND INSTITUTE AND CAREER CENTER, License #3911 Respondent. / ADMINISTRATIVE COMPLAINT The Department of Education (“Petitioner”) files this Administrative Complaint before the Commission for Independent Education against Beyond Institute and Career Center (“Respondent”) and alleges: 1. The Commission is the state agency charged with regulating private, postsecondary education institutions in Florida pursuant to sections 1005.21(1) and 1005.31, Florida Statutes. The Petitioner is charged with providing administrative support to the Commission. 2. At all times material hereto, Respondent was a licensed private postsecondary education institution having been issued license number 3911. The respondent is currently authorized to offer the following programs: Barber Stylist (Diploma); Cosmetology (Diploma); Facial Specialist (Diploma); Full Specialist (Diploma); Nail Specialist (Diploma); and Pet Grooming (Diploma). Beyond Institute’s programs in Barber Stylist, Cosmetology and Full Specialist each exceed 450 clock hours 3. Respondent's address of record is 2921 Vineland Road, Suite A, Kissimmee, Florida. 4. On or about March 14, 2018, an on-site visit was conducted at the respondent’s institution resulting in the following: a. Respondent is advertising the availability of educational programs for which it is not approved including Make Up Artistry, Permanent Make Up, Body Wrapping, Massage Therapy, Dental Assistant, Medical Assistant, Certified Nursing Assistant (CNA), Phlebotomy, and Health Insurance. b. Respondent was conducting classes and programs at its facility in one or more of the healthcare related professions evidenced by records of class work, course materials, equipment and Page 1 of 5 supplies found in the classrooms at Respondent's facility. These materials included hypodermic needle dispensers and what appeared to be used blood sample collection supplies. None of these supplies or equipment are identified as necessary for Respondent’s approved programs. c. Respondent is admitting students on the basis of a “general equivalency diploma” authorized by Beyond Institute and Career Center, Inc. Beyond Institute & Career Center, Inc., is not an authorized to issue a general equivalency diploma. d. Student files are maintained with transcripts and diplomas from institutions outside of the United States. No translation of the record has been maintained nor have the foreign credential been evaluated for equivalency with a credential issued in the United States. e. Respondent offers classes taught in Spanish and has not disclosed the intention to offer classes in any language other than English to the Commission for Independent Education and makes no reference to classes or materials in any language other than English in its approved catalog. 5. Section 1005.31(8), Florida Statutes, prohibits the conduct of a program by an institution licensed by the Commission which program is not specifically authorized by the institution’s license. Respondent has conducted or intends to conduct programs in the following subjects which are not specifically authorized by Respondent’s license: Make Up Artistry, Permanent Make Up, Body Wrapping, Massage Therapy, Dental Assistant, Medical Assistant, Certified Nursing Assistant (CNA), Phlebotomy, and Health Insurance. Respondent’s conduct of these programs or any one or combination of these programs constitutes a violation of Section 1005.31(8), Florida Statutes. 6. Section 1005.38(10), Florida Statutes, prohibits an institution licensed by the Commission from publishing “any advertisement soliciting students or offering a credential before the institution is duly licensed by the commission or while the institution is under an injunction against operating, soliciting students, or offering an educational credential.” Respondent has solicited students in the following programs before the institution was duly licensed by the Commission for that purpose: Make Page 2 of 5 Up Artistry, Permanent Make Up, Body Wrapping, Massage Therapy, Dental Assistant, Medical Assistant, Certified Nursing Assistant (CNA), Phlebotomy, and Health Insurance. Respondent's advertisement and solicitation of students for these programs or any one or combination of these programs constitutes a violation of Section 1005.31(10), Florida Statutes. 7. Rule 6E-2.008, Florida Administrative Code, requires licensed institutions to obtain approval by the Commission of modifications to add new programs before the modifications are implemented. Respondent failed to obtain approval of the Commission to add programs in Make Up Artistry, Permanent Make Up, Body Wrapping, Massage Therapy, Dental Assistant, Medical Assistant, Certified Nursing Assistant (CNA), Phlebotomy, and Health Insurance in violation of Rule 6E-2.008, Florida Administrative Code. 8. Rule 6E-2.004(5)(c)2., Florida Administrative Code requires that an institution “apply its admission standards as published.” Respondent’s admissions criteria published in its catalogue require that a student “[p]rovide proof of secondary education such as a diploma, a GED certificate, an official transcript of secondary school completion or a state certification of home school completion.” Beyond Institute and Career Center Catalog Volume II 2016-2017, Page 5. Respondent has failed to consistently apply the criteria in violation of the cited rule. 9. Rule 6E-2.007(a), Florida Administrative Code, requires that an institution offering non- degree programs “maintain evidence of the credentials that qualify faculty members to teach their assigned courses. All faculty files shall include a resume or detailed application clearly reflecting the instructor’s educational and work experience. In addition, official transcripts for all degrees held by all faculty members shall be on file and available to the Commission upon request at each location and translated into English.” Respondent employed faculty for which files were not provided to the Commission for review upon request and that are not indicated in the institution’s faculty listing or catalogue. Faculty files that were provided failed to include official transcripts for degrees held by Page 3 of 5 faculty members. These deficiencies constitute a violation of Rule 6E-2.004(7)(a), Florida Administrative Code. 10. Rule 6E-2.004(10)(b), Florida Administrative Code requires institutions to maintain records of the initial employment of the institution’s graduates to enable verification of placement data reported to the Commission. Student files of graduates of Respondent provided by the institution included no records of initial employment. This deficiency constitutes a violation of Rule 6E-2.004(10)(b), Florida Administrative Code. 11. The foregoing constitute grounds for disciplinary action pursuant to Rule 6E-2.0061(4)(d), (f), (g), (i) and (k), Florida Administrative Code. The violations are of such severity and nature as to threaten the health, safety and welfare of the institution’s students or staff or of the general public. WHEREFORE, the Petitioner respectfully requests that the Commission enter a final order finding and concluding that the Respondent’s conduct violated Rules 6E-2.0061(4) (qd), (f), (g), (i) and (k), Florida Administrative Code, revoke Respondent's license and direct that the institution provide for an orderly closure pursuant to section 1005.36, Florida Statutes. aN: why ae James L. Richrhond, Esq. Assistant General Counsel and Attorney for the Petitioner Florida Department of Education 325 W. Gaines Street, Suite 1244 Tallahassee, Florida 32399-0400 Fla. Bar #: 912440 James.Richmond@fldoe.org Tel. #: (850) 245-0442 Fax #: (850) 245-9379 Page 4of 5 NOTICE OF RIGHTS Beyond Institute and Career Center (Beyond) is hereby notified of its right to a hearing in accordance with sections 120.569 and 120.57, Florida Statutes, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoena and subpoena duces tecum issued if a hearing is requested. A request or petition for an administrative hearing must be in writing and must be received by the Executive Director of the Commission, 325 West Gaines Street, Suite 1414, Tallahassee, Florida 32399- 0400, within 21 days of receipt of this Administrative Complaint. If Beyond disputes any material fact alleged in the Administrative Complaint, it may request a hearing before an administrative law judge and your request must contain the information required by Rule 28-106.2015(5), Florida Administrative Code. If Beyond fails to request a hearing within 21 days of receipt of the Administrative Complaint, Beyond waives it right to request a hearing on the facts alleged in the Administrative Complaint pursuant to Rule 28-106.111(4), Florida Administrative Code. Pursuant to Section 120.573, Florida Statutes, Beyond is hereby notified that mediation pursuant to that section is not available. Page 5 of 5

Docket for Case No: 18-005663