Arrangements with Third-Party Providers
Adopted: 2/25/26
This procedure applies to the review, approval, assessments, and disclosures of arrangements with third-party providers that deliver services and programs on behalf of the College.
Definitions
Educational Program. A legally authorized postsecondary program of organized instruction or study that leads to an academic, professional, or vocational degree, or certificate, or other recognized educational credential.
Third-Party Provider. An entity, institution, or organization that has a contract or written arrangement to provide services to the College.
Examples of services include:
- The delivery of student learning opportunities such as non-credit, workforce development, internships, clinical experiences, student teaching, and/or credit-bearing educational programs;
- Student support services such as advising, counseling, tutoring, international student management (such as English as a Second Language (ESL) support), marketing, recruitment, advertising, campus safety, food or dining services;
- Services for the assessment of student learning; and
- Operational or business functions of the institution, such as procurement, information technology, or human resources.
Written Arrangement. A written arrangement is where an institution outsources some portion of one or more of its educational programs or educational business operations to a third-party provider that is not accredited. For purposes of substantive change, the institution is outsourcing more than 25% of credit-bearing educational programs to another institution or organization that is not certified to participate in Title IV HEA programs.
Selection of Third-Party Providers
The College department/initiator of an arrangement with a third-party provider must conduct a thorough vetting process to ensure that the provider has the expertise, resources, and reputation to deliver high-quality and accessible (ADA compliant) services on behalf of Atlantic Cape. Furthermore, the providers must demonstrate compliance with accreditation standards and any relevant laws and regulations.
Required Contractual Elements
The College must maintain systematic capacity to oversee and retain oversight of any function performed by a third-party provider. The content of the written arrangement, contract, and/or agreement between the College and the third-party provider must address the following, at a minimum:
- Description of the services provided by Atlantic Cape;
- Description of the services provided by the third-party provider, including how such services will be delivered;
- Period of the agreement;
- Institution that will award credit and degree(s), if applicable;
- Compensation for services by each party, including compensation of faculty, if any;
- Terms of evaluation and conditions under which the arrangement/contract may be terminated and/or renewed;
- Protections for students if the arrangement/contract is terminated or amended, if applicable;
- Protections for the secure maintenance of student records, if applicable;
- Procedures for addressing grievances; and
- Venue(s) for addressing perceived breach of contract, including appropriate legal jurisdictions.
- Evidence that services provided are accessible (ADA compliant) to all.
Internal and External Approvals
Arrangements with third-party providers must abide by the College’s purchasing policies, including Policy No. 700 - Purchasing Operations Principles, Policy No. 701 - Professional Ethics for Purchasing, Policy No. 702 - Centralization of Business Services to the Campus, Policy No. 703 - Purchasing Authority, Policy No. 704 - College Purchasing Policy for Accessibility, and Policy No. 706 - Purchases for the Personal Use of Employees, as well as all accompanying procedures.
Any arrangements with third-party providers in which the College plans to outsource 100% of its key business operations or functions (e.g., finance, human resources, information technology, procurement, etc), must have the express approval from the President.
When less than 25 % of a credit-bearing educational program is provided by a third-party provider, the College is required to provide required notifications or obtain prior approvals from the Commission, in accordance with the Middle States Commission on Higher Education Substantive Change Policy and Procedures, Substantive Change Guidelines, and federal regulation 34 CFR § 602.22(b)(4).
When 25% or more of an educational program is delivered by a third-party provider or a non-accredited entity, the College is required to submit a substantive change request to The Commission that must be reviewed and approved prior to implementation.
Such written arrangement for “delivery of an educational program” would include teaching or instruction, but could also include a combination of services for curriculum development, instructional design, online delivery of courses, assessment of student learning, marketing/recruitment, student support services, tutoring, and/or advising.
Required Public Disclosure
When a portion of an educational program is delivered by a third-party, the College must publicly disclose, via website and program publication, the following information, at a minimum:
- A description of the written arrangement, in clear, concise, student-focused language;
- Information related to the portion of the educational program that the other entity will provide;
- Method of delivery for the portion of the program that Atlantic Cape does not provide; and
- Estimated additional costs that students may incur as a result of enrolling in a program offered through the written arrangement.
Assessments of Third-Party Providers
The College department/initiator of the arrangement must ensure that the third-party provider and the implementation of any student learning opportunities, student support services, and/or assessment services designed, delivered, or assessed by that third-party provider will be regularly assessed and evaluated. Assessment and evaluation of third-party providers will be conducted by appropriately credentialed representatives from the College.
In the event that an arrangement with a third-party provider is being renewed, assessment procedures and results must be included with the renewal request.
Final Approval of Third-Party Providers
The College department/initiator of the arrangement must ensure that all necessary internal and external approval requirements for arrangements with third-party providers are obtained before any agreement can be formalized.
Final review of arrangements with third-party providers will be conducted by appropriately credentialed employees of the College, including the Chief Business Officer and appropriate staff members in business services, in accordance with institutional policies and procedures relating to contract review and approval.
Accompanying Form:
Third-Party Provider Review Checklist
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