1. 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

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

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

15. 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

16. Questions? Thank you! Mary Dowell Matthew Jordan Partner|
Matthew Jordan
Interim Associate Dean of General Education and Program Review |
Legal Ethical Insights Into Today’s Accrediting Process