Legal Ethical Insights Into Today’s Accrediting Process ACCCA Annual Conference Presented by: Mary L. Dowell, Liebert Cassidy Whitmore Matthew T. Jordan, Pasadena CCD Legal Ethical Insights Into Today’s Accrediting Process

Agenda Overview of Accreditation and ACCJC’s jurisdiction What Actions Can ACCJC Take? Why are Actions Increasing? Emergence of Board Behavior As Factor What Constructive Strategies Can Institutions Implement? Some Tough Questions Legal Ethical Insights Into Today’s Accrediting Process

Overview Why “Legal Aspects” of Accreditation? Standards are being interpreted as more prescriptive Sanctions are becoming more common Interest groups are learning to use the process Legal Ethical Insights Into Today’s Accrediting Process

Overview: Accreditation Standards Standard I: Institutional Mission and Effectiveness Standard II: Student Learning Programs and Services Standard III: Resources Standard IV: Leadership and Governance But Eligibility Requirements Must Still Also Be Met Legal Ethical Insights Into Today’s Accrediting Process

Accreditation Standards We have to stop thinking of these as just suggestions or guidelines. “The self evaluation provides the Commission with the institutions assessment of itself as a whole.” But you have to be right! What are some of your anxieties about accreditation? Legal Ethical Insights Into Today’s Accrediting Process

Accreditation Standards Alignment with Policies and Procedures Among the first things teams review These are legally binding pronouncements of the Board and District If you don’t have the right ones, or aren’t following them, there are consequences Legal Ethical Insights Into Today’s Accrediting Process

Accreditation Standards Recent trend: Teams are starting with Standard IV – Why? If there are problems with leadership and governance, there are problems overall If there are problems with the Board, there are problems overall Legal Ethical Insights Into Today’s Accrediting Process

What Can Happen? Actions on Institutions Seeking Reaffirmation Reaffirm, and request a follow-up report Reaffirm, and request a follow-up report with a visit Even though these actions “reaffirm,” do you want to receive this news? Can be worse: Defer a decision on reaffirmation Legal Ethical Insights Into Today’s Accrediting Process

What Can Happen? Sanctions Termination Issue Warning Impose Probation Order Show Cause Note: This isn’t necessarily progressive discipline Termination Legal Ethical Insights Into Today’s Accrediting Process

Accreditation Problems Pushing Back or Ignoring the Standards – Why does it happen? For example: Board don’t believe it Special interest groups committing suicide Issues of Academic Freedom – justifed or not? A feeling that standards are not applied uniformly Legal Ethical Insights Into Today’s Accrediting Process

Accreditation Problems ACCJC News Bulletin from Summer, 2012: Why are districts on sanction? Board Performance! Between 2009 and 2012, %age of districts on sanction for board issues rose from 46% to 71% Legal Ethical Insights Into Today’s Accrediting Process

Constructive and Legal Strategies Training Be Clear on Policy Role of Board Members Pay Attention to Financial and Accreditation Reports Enforce Policies on Ethics and Conflict of Interest Governing Board is Not a City Council Keep the Mission Statement Vital Legal Ethical Insights Into Today’s Accrediting Process

Constructive and Legal Strategies Pay attention to what ACCJC is saying! Their communications are strategic – there is a message. It may be directed at you! Legal Ethical Insights Into Today’s Accrediting Process

Constructive and Legal Strategies Legal Ethical Insights Into Today’s Accrediting Process

Some Tough Questions Can we reconcile Locally Elected Boards with State Established Standards? If you chose to push back and are sanctioned, what due process do you have? Legal Ethical Insights Into Today’s Accrediting Process

Questions? Thank you! Mary Dowell Matthew Jordan Partner 310.981.2000 | mdowell@lcwlegal.com Matthew Jordan Interim Associate Dean of General Education and Program Review 626.585.7631 | mtjordan@pasadena.edu Legal Ethical Insights Into Today’s Accrediting Process