INTO Court as Joint Venture Sours

There are signs that INTO University Partnerships’ (INTO) relationship with the University of South Florida may be ending after a recent Court Evidentiary Hearing1 on 19 August 2022.  While no public record of a judgement has appeared, rumors suggest there are communications in circulation advising that enrollment to INTO University of South Florida (INTO USF) will cease.  If any authoritative source can provide an alternative explanation or clarification, I will be happy to correct any misunderstandings.

It is appropriate to note that both INTO and the University of South Florida still feature INTO University of South Florida on their websites at the time of writing (27 August). The INTO Study site for students also offers the opportunity to apply for courses at the university. This may be the result of a time lag or the possibility of further discussion and this blog is written in good faith to explore the background to the Court case and the joint venture’s history.

The underlying case for a university going to court to end a joint-venture pathway that was once among the most successful in the world deserves attention.  Publicly available court filings outline the case2 and material on the INTO Corporate and University of South Florida websites is used to summarize the history and other background about the joint venture relationship.  The source of further commentary is referenced through hyperlinks.  

Summary of the Case

A Court filing3 from USF Financing Corporation (USFFC) to the Thirteenth Judicial Court in and for the state of Florida Civil Division dated 15 July 2022 seeks a “declaratory judgment that the 2010 stockholders Agreement between USF FC, the Company4, and the INTO Defendants is terminated as of April 21, 2022.” The grounds are that the joint venture is “insolvent under both a balance sheet basis and inability to pay debts as they become due, and (b) has demonstrated a material adverse financial position where it could not perform all or a substantial part of its obligations..”.  The particular difficulties of pathway programs in the United States have been widely explored and the filing incorporates direct reference to my blog of February 2022 regarding the growing level of indebtedness of INTO’s US ventures.

With an eye on its responsibilities for “stewardship of public resources” the University of South Florida terminated the program in April 2022 and “initiated the process for the teach-out of the programs’ enrolled international students….”  The filing asserts that “The INTO defendants refuse to acknowledge the Stockholders Agreement termination and refuse to participate in the teach-out or develop the Plan to dissolve and wind-up the Company.”  There are a number of points made around the fiduciary duty of the three INTO appointed Directors of INTO USF Inc, to creditors and shareholders “once a company is insolvent” with a memo, the accompanying Exhibit G of the filing, asserting that “the INTO appointed directors have a conflict of interest.”

INTO University of South Florida

INTO partnered with the University of South Florida in 2010 and the case study on the INTO website asserts “extraordinary” enrollment and economic impacts.  The accompanying graph (reproduced below) suggests that even if this was true up until 2016/17 the ensuing years have seen a significant decline in enrollment to the pathway.  Enrollments look to have peaked at around 800 but have subsequently fallen by around 100 a year to stand at c300 (this would be supported by the USF Fact Books showing non-degree seeking international students declining by a similar amount).

Source: INTO Global.com

The Court filing includes INTO USF, Inc’s Financial Statement to June 30, 2021 (Exhibit E) showing a net loss of $3.276m that year and $206,000 the year before.  This is supported by the USFFC’s Financial Statements to 30 June 2021 which comment on “approximately $3.3 million of net loss incurred by INTO USF during the year ended June 30, 2021.”  USFFC’s share of INTO USF’s “net accumulated (deficit)” was shown as $1.794m.

As noted in the February 2022 blog “China Crisis for US Pathways”, since 2018 when INTO Illinois State University opened, “total level of indebtedness across all US operations has nearly doubled from £18m to £35m”.  This figure included the debts at institutions where joint ventures have now closed – Washington State University, Marshall University and Colorado State University.  The blog also reflects that INTO has become the 100% owner of what was previously a joint venture at St Louis University.

One feature of both INTO USF (the second INTO partnership in the US) and INTO Oregon State University (the first) is that they are listed in INTO’s Annual Report as Inc. and are C-corporations.  Informed opinion suggests that closely held corporations (which these appear to be) “have been held to higher fiduciary duty standards” and this may be reflected in the “conflict of interest” comment.  Later US joint ventures are listed as LLC’s where, “By agreement, parties can alter certain duties to expand, restrict, or eliminate fiduciary duties owing to either the LLC or the other members and managers”, which suggests there may have been advice leading INTO to pursue alternative structures.5

Summary

It is worth waiting to see any Court judgement and whether there is an appeal process but the filing and other financial statements seem definitive in outlining the decline of the joint-venture’s financial situation.  If the joint venture is closed it would leave INTO with six joint ventures in the US, as well as the fully owned St Louis University operation and the “comprehensive partnership” with Hofstra (which is not listed in INTO’s annual reports as having joint ownership). 

As well as the closures in the US there have been several INTO joint ventures shut down in the UK in recent years.  In addition, INTO has taken a controlling interest in the joint venture with Newcastle University and the financial arrangements at the joint venture with City University have changed.  As noted in a recent blog the yearly financial reporting for INTO University of East Anglia is shown at Companies House as overdue, for a joint venture under significant financial pressure.

On top of all that there are rumors of imminent changes at the top in the INTO Finance team and the return of a familiar face to the INTO North America team but that is for another day.

Notes

  1. Case number: 22-CA-006726 before Judge D.D. Farfante
  2. I am unaware of any written response by INTO University Partnerships to the case filed
  3. Filing#153460265 Efiled 07/15/2022 07:45:26 PM
  4. “the Company” is defined as INTO USF Inc which is the C-Corporation established in 2010 with stockholders USFFC and INTO USA LLC.  Its board has three nominees from INTO and three from USFFC.
  5. The purpose of this paragraph is to provide further information which may be relevant and the quoted elements comes from the source indicated.  There is no intention to give legal advice or guidance and readers are advised to seek appropriate counsel on company structures.

Image by Venita Oberholster from Pixabay 

Brass in Yocket for Aggregator Founders*

Having recently delved into ApplyBoard and Study Portals it was Yocket’s turn to go under the computer mouse.  Reportedly, started in 2012 with $136USD (less than £100GBP) the company claimed over $1m revenue in 2020 and a plan to get to over $10m in three years.  Various internet searches have not found references to other external funding in support of the company, so it looks like the founders are backing themselves. 

Described as a ‘one stop study abroad solution’ Yocket focuses on candidates from India and suggests it has registered more than 400,000 since 2015. The company name is a word play on the company being a ‘rocket’ for students to meet their aspiration.  It claims to have ‘tied-up’ with over 100 universities in the UK, US, Canada and Australia although the nature of the engagement and the split by country are not transparent.  Yocket is part of Avocation Education Services Private Limited (Avocation) which also owns Stupidsid** which was also started by the founders.

Yocket’s model would appear to be focused on being a ‘student aggregator’ making money by selling added value services rather than an ‘agent aggregator’ trying to attract recruitment agents. There is a clear attempt to build a revenue stream from universities but this appears to have had limited success with only 42 in the ‘Apply through Yocket’ list and limited institutional activity on the site. Before universities go rushing in to fill that void they may want to consider some features of the site and what their brand will be associated with.

Data Management and Use     

One of the emerging concerns about aggregator sites is their use of data and Yocket’s site demands an email as the price of doing any search and engages the user in giving more personal details at every opportunity.  An email, phone number and other details allows you to set up an account and “By creating an account you agree to Yocket’s Terms of use and Privacy policy.  Attempts to click on the links to read these take the user on a circular route back to the initial sign on page which may be a glitch but is unhelpful. 

However, the Privacy Policy is available through an internet search and is the same as that of Avocation in giving broad opportunities for the use of data, such as making it available to ‘third party service providers’ as well as to advertisers including financial services.  It notes that ‘Avocation Educational Services Private Limited’ reserves the right to update, change or modify this policy at any time.’  The Terms of Use can also be found and note that, “It cannot be guaranteed that the material, information, links, and content presented on and by this website is comprehensive, complete, accurate, sufficient, timely, or up to date for any particular purpose or use.” 

Given that students going to the site are expecting accurate and comprehensive information about any country that they hope to study in this seems problematic.  The information provides the basis for the potential student spending money on other services, such as Yocket Premium or finding a loan, so there should at least be some sense of responsibility.  As the test searches outlined below suggest, there is some way to go before the information available provides full confidence.

In Search of Substance 

A search for universities in the UK provided a list of 124 institutions – well short of the number of degree-awarding institutions in the country.  The opportunity to search by private universities only provided information on Ecole de Management de Normandie, Oxford and Arden University.  There was no mention at all of sector notables such as BPP and the University of Law (one of Arden’s siblings in the Global University Systems family).

Oddities in the UK public university listings included:

–  Northumbria (Amsterdam) listed as one of the three for the institution.                

–  Nottingham Trent, Aston and Birmingham each having two locations listed             

– University of Buckingham, a private university, appears in the list of public universities

The listing of each institution comprised a fuzzy photo of something that looks like a university with the university logo superimposed on top of it.  Adding to the general sense of low-resolution and compromise on detail is that 12 of the universities had no logo shown and 47 of the universities had no indicative tuition fee shown.  That might be a blessing for anyone interested in accuracy and quality of information.

There is a feature which allows a search by Low, Medium or High Price and this has several anomalies.  The most obvious shows Kings College London as having an international tuition fee of £9,250.  A fee of £20,790 for classroom based international undergraduate students appears to be the starting point at this venerable London institution. 

Thirty institutions are listed in the Medium price sector but only one makes it to be shown as High Price.  The University of Bristol occupies this category with a tuition fee that the site suggests is £72,000 when the university’s published undergraduate classroom based BSc is 20,100 and an MSc in Management at £26,500.

The low-priced list did not include the University of Chester which has a rate of £12,750 for international students which is lower than the £13,000 shown (correctly) for Teeside University. All of this suggests that AI or machine learning is being used to find information on university sites it needs some fine tuning. If it’s human research then the quality control needs to be stepped up. It’s currently misleading to students and potentially damaging to university recruitment hopes.

Going to North America

The search for top universities in the USA offered up 242 universities with Harvard, MIT and Stanford at the top but one for “popular universities” listed 659 with Northeastern, Texas A&M and University of Texas at Dallas at the top.  The first two are among those among the 42 listed on the Apply to Universities via Yocket page which suggests there may be a closer relationship between institution and aggregator.

Perhaps surprisingly given the world rankings, Canada has 194 ‘top universities’ listed which is exactly the same as the number shown as ‘popular’.   The University of British Columbia Vancouver and the University of Western Ontario are at the top of both lists but there is no description of how a university gets on one or the other list.  Neither university is on the 42 listed on the “Apply to Universities via Yocket” page.

Generally speaking, the pictures and the logos for the USA and Canada are in better shape than those for the UK.  The site also provides further counselling if you are “Confused about which country to pick?” but this requires upgrading to Yocket Premium.  The paucity of filters to offer comparisons make it difficult to make any sort of well-informed choice without taking that step.    

Clicking through to the university page from the search does give the added information about how many ‘Yocketers’ have applied and how many have been accepted as well as their average GRE quant score.  There’s also some information on scholarships available.  Just out of interest the claim is that 99 have applied to Harvard’s School of Engineering with 17 admitted and 222 have applied to MIT’s School of Engineering with 14 admitted.  Whether or not they chose to use Yocket’s other services or counselling is not made clear.

Further Insights

The application to universities service is currently limited to 42 institutions with only the universities of Wolverhampton, Sheffield, Huddersfield and Essex listed for the UK.  These universities do not appear to receive special treatment in other search facilities on the site and the nature of the relationship is unclear.  A 5 May 2020 blog post on the site in the Applying to Universities section indicates a session with University of Essex where participants may receive an “on the spot offer” depending on eligibility.

In answering the question Why Should I Choose Yocket?  the company says that it has “..been a helpful companion to 300,000+ study abroad aspirants since 2016. Through a powerful network of students and machine learning algorithms, yocket empowers you to make informed decisions to your educational pursuits.”  The critical question for many observers might be whether or not the platform and its current capabilities is enabling sufficient information for an informed decision.

An interesting feature and highly relevant given the power of peer-to-peer recommendations is the ‘Trending Yocketers’ section which allows direct connection to a candidate who is looking to study at a specific university.  This is supplemented by a Discussions thread where candidates can pose questions in the hope that a peer will respond. 

Yocket may be planning to upgrade the site in the near future. A blog on 27 April invites interest from users willing to participate in the Yocket Hydrogen Beta version.  It is described as “an upgraded platform that is better in design, experience and features”.  With the anticipated growth in India students travelling abroad to study this would seem a reasonable investment. 

Some Thoughts

Yocket’s story is well known and it has recently announced plans to recruit 300 more staff in 2021 and a further 1,000 over three years.  It has presented itself as enhancing student services in a disorganized market dominated by agents, where students were often misguided.  It is reasonable to believe that the development of an online service provides access to more people but this, in itself, does not mean that students are better advised or informed.

It is difficult to know how the information about universities is being gathered and the extent to which it is verified to allow reasonable comparisons.  Whether the other Yocket services – such as premium service at a reported £500 per student – gives well-founded counselling is also hard to know.  The company’s 7th Annual Virtual Meet Up in March 2021 claims to have gathered 40 universities from the US, UK, France and New Zealand and over 4,000 students, so the demand would seem to be there.

From the point of view of institutions news stories have indicated that universities can get directly involved for between $1,000 and $10,000 dollars.  This gets access to services that reach out to students in a growing market and may be tempting.  Institutions who choose to engage might consider learning how data is used and the terms under which additional services, particularly loans, are being offered.      

There are also questions about the levels of transparency, the comprehensiveness of coverage and the quality of information available.  For universities who have not given permission for their brands to be used it may be time to consider whether the format and presentation is acceptable and they should certainly check the details given about them.  Aggregators are using university names and logos as bait for students and then selling other services so it would be reasonable to take an assertive stance.

The overall impression is that Yocket started as a page allowing students to exchange information about universities and has become a business operating in one of the fastest growing student recruiting markets in the world.  The founders have commented extensively on their desire to ensure a more accessible and better organized service for students than they believe many recruitment agents have offered.  These are fine principles but operationalizing them probably requires more attention to detail than is currently evident on the site.  

NOTES

1.  *For those unfamiliar with popular music “Brass in Pocket” is a 1979 single by The Pretenders.   Apparently, lead singer Chrissie Hynde overheard someone enquiring if anyone had, “Picked up dry cleaning? Any brass in pocket?”  Brass is Northern English slang for money but is used idiomatically in several other ways including “brass neck” to mean showing a lot of nerve.

** Stupidsid.com started in February 2010 as a college review website with students’ opinions on colleges, courses and universities. It has developed to provide Study Resources (including solved question papers, university syllabuses and previous questions) and Knowledge Hub (claimed to be the “largest database of engineering-related information you’ll ever come across.”)

2. Searches were carried out on various browsers over the period from 13 to 17 May.

Image by WikiImages from Pixabay

INDIA OVERTAKING CHINA AS KEY STUDENT MARKET MAY BE A GAME CHANGER FOR LOWER RANKED UNIVERSITIES

A year ago seems an age away but in January 2020 I was speculating about how the surge of student mobility from India might change the UK higher education sector in terms of demographics and financial benefit.  At that point I described the HESA data as ‘tantalising’ but with the 2019/20 enrollment data available by country and university it’s clear that things have moved quickly.  And there may also be lessons for US universities to consider as they ponder their post-pandemic international recruitment strategies.

The top line numbers from HESA DATA show that the total number of Indian students enrolled in UK higher education grew by 27960 (101.7%) between 2018/19 and 2019/20 compared to a growth of 20,790 (17.2%) for Chinese students.  For each country the growth in the number of undergraduates year on year was around 8,000 but India had an additional 19,000+ enrolled graduates year on year compared to around 12,000 for China.  It is the first sign of a new order for markets of origin with India sending over 5,000 more first year students than China in 2019.

More importantly, the distribution of Indian students by type of institution has proved to be significantly different to that of Chinese students.  One way to illustrate this is a comparison between the universities that saw the biggest year on year growth in each. It is striking that all of the universities with the greatest increase in the number of Chinese students are in the Russell Group but none of those with the most significant increases in Indian students are in the Group.

TABLE 1: Top Ten overall increases for Chinese and Indian Enrollments between 2018/19 and 2019/20

 Change in total enrolled Chinese student yoy from 2018/19 to 2019/20Change in total enrolled Indian students yoy from 2018/19 to 2019/20
Edinburgh141050
East London-151710
Leeds123545
Bedfordshire301595
Southampton1190-10
Hertfordshire-1351575
Sheffield115015
Northumbria901510
UCL106525
Kingston1601265
Manchester88575
Ulster-151230
Birmingham86010
Central Lancashire-1051180
Newcastle85550
Middlesex-110915
Kings College72550
Greenwich-185840
Nottingham72530
Coventry-85810
Note: To maintain consistency private and specialist universities excluded from table.  Of the private universities BPP registered a year on year growth of 1640 from India but a fall of 95 from China.  The London based University of the Arts showed a year on year growth of 790 from China and an additional 70 from India.

Source: HESA

Digging deeper indicates that location is not the main driver of these vastly differentiated enrollment patterns.  The situation for several cities with two main universities is shown below.  Manchester Metropolitan shows relatively balanced numbers but they are small changes and the differential is swamped by the University of Manchester’s growth in Chinese students.

TABLE 2: Selected cities showing change in university enrollments year on year

 China – student change yoyIndia – student change yoy
Birmingham86075
Birmingham City50800
Nottingham72550
Nottingham Trent-150270
Manchester88525
Manchester Metropolitan5070
Sheffield1150-10
Sheffield Hallam-135185

Source: HESA

What becomes clear is that lower ranked universities are securing a significantly greater proportion of the growth in Indian students.  This supports the notion that the changing importance of the two main source markets could have a major impact on the financial strength in different parts of the sector.  But the underlying drivers of the recruitment patterns are less obvious.      

It is likely that lower ranked universities represent better value for money in terms of fees, accommodation and other costs of study which is likely to be particularly attractive to self-funding students.  There is also a propensity for lower ranked universities to make offers at lower grades which means a less competitive route to selection and enrollment.  Several are located in areas that the UK census has shown have strong communities with contacts in India but that would not explain the differences within cities that have two universities.

The differences in performance are very striking and it raises a number of questions about the longer- term strategy of universities that are not currently recruiting heavily from the Indian market.  It seems possible that as numbers from China stabilise or even go into decline there will be greater competition for the growing numbers from India.  It is probably best for lower-ranked universities to make the most of this moment in the sun but if they have the opportunity to develop a solid local community and optimise their contacts with alumni the impact may be long lasting.

More troubling for some universities might be their failure to recruit strongly from either of these major markets in 2019/20.  There are some well-known names and reasonably ranked institutions that seem to be suffering as the big city Russell Group universities excel in recruiting students from China but who do not appear attractive to students from India.  It is interesting but seems counter intuitive that the two with the greatest loss from China year on year are partnered with pathway operators with traditional strengths in the country.

TABLE 3: Universities with the largest year on year loss of students from China (2018-19 to 2019-20)

UniversityChina – year on year change in total enrollmentsIndia – year on year change in total enrollments
Sussex– 34010
East Anglia– 26040
Hull– 2005
NOTE: I’d like to commend the University of Hull for their experiment in charging postgraduates starting in 2021 the same as Home students. It will be interesting to see how it works out.

 Source: HESA

As noted the University of Hull has embarked on an aggressive marketing ploy to charge postgraduate students the same fee as home students in 2021. As far as I am aware this is unique in the UK higher education system and it will be interesting to see how it works out. It’s certainly better than those universities that will continue to discriminate in favour of all European Union students who are now deemed international but are being allowed home student rates.

For UK universities there is unlikely to be any Government opposition to the growing numbers although experience shows it’s always possible for U-turns in policy.  As recently as 4 March, 2021, Minister for Future Borders and Immigration Kevin Foster said, “As we rebuild from the global pandemic we want the world’s brightest talent, who aspire to a career at the highest levels of business, science, the arts and technology to see our United Kingdom as the natural place to fulfil their aspirations.   The changes announced today will ensure once they have received a gold standard qualification from one of our world leading education institutions they can easily secure the status they need to continue living, working and fulfilling their dreams in the UK.”

It sounds great news for recruitment but I am reminded of a Government statement with the words, “We want high quality international students to come here. We want them to study at genuine institutions, whose primary purpose is providing a first class education. And we want the best of them – and only the best of them – to stay on and work here after their studies are complete.” This statement was made by then Home Secretary, The Rt Hon Theresa May, in 2011, shortly before the UK post-study work visa was removed.  It would probably only take an economic setback and rising numbers of unemployed graduates to see post-study work for international students being viewed less favourably by a Government that is still posturing about border control.

For US universities keen to make the most of revitalized interest from international students it is worth considering how recent research from IDP might dictate their engagement and offer strategy.  A survey of more than 800 prospective international students in more than 40 countries who are interested in studying in the US – with more than half of respondents based in India – found that more than three quarters (76%) have improved perceptions of the US since the 2020 presidential election, with 67% stating they are now more likely to study there.  What is clear from the UK experience is that the opportunity to recruit from India is available to almost all institutions if they can get the fundamentals right.

Critically, the emerging facts from the UK suggest that value in the cost of study is likely to be as significant a driver of interest as rankings.  Post study work is an important outcome but students, particularly those that are self-financing, will be equally interested in being able to minimize their outgoings during the course.  Making appropriate adjustments and moving decisively to work in market with a compelling message will be vital for institutions wanting to maximise international enrollments post-pandemic.