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Appeals Policy and Procedure |
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Appeals in General. An institution that is aggrieved by a negative action of the Northwest Commission on Colleges and Universities, may appeal.
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Actions Which May Be Appealed. The Northwest Commission on Colleges and Universities shall provide institutions the opportunity to appeal adverse actions, issuance or continuation of Show-Cause orders, and/or imposition or continuation of Probation. The Commission will provide the institution in a timely manner with written notification of the result of the appeal as well as a detailed explanation for the result. |
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Grounds for Appeal. An appeal shall be based on one or more of the following grounds:
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Role of the Chair. In handling properly filed appeals, the Chair of the Northwest Commission on Colleges and Universities shall appoint a seven-member Appeal Board to consider the grievance and designate the chair. Members of the Appeal Board shall consist of representatives employed full-time by member institutions with the exception of one member who shall represent the public. At least one member of the Appeal Board shall represent an institution with similar characteristics to those of the institution filing the appeal. No member of an Appeal Board shall be a current member of the Northwest Commission on Colleges and Universities or shall have served on an evaluation committee to the aggrieved institution. |
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The Chair of the Northwest Commission on Colleges and Universities shall set the date, time, and place of the hearing by the Appeal Board. The hearing shall be no later than one hundred twenty (120) days after receipt of the appeal and there shall be at least thirty (30) days' written notice of the hearing given to the Commission and to the institution. If the institution and/or the Commission plan to call witnesses at the hearing, they shall provide the Chair of the Northwest Commission on Colleges and Universities and the opposing party with all the witnesses' names and positions at least five (5) calendar days before the hearing. |
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In carrying out its duties the Appeal Board shall:
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Conduct of the Hearing. The Chair of the Appeal Board may retain legal counsel as he/she deems appropriate and may decide any prehearing issues that may arise. Discovery such as depositions, interrogatories, and production of documents is not available to the parties except by mutual agreement. The chair of the Appeal Board shall make an initial determination of whether the Appeal Board has jurisdiction to hear the appeal.
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Decision of the Appeal Board. The Appeal Board shall uphold the appeal of the institution only when it is shown with clear and convincing evidence that the institution sustained one of the grounds for appeal listed under Grounds for Appeal, items a through c. Upon finding that an institution has sustained the burden of proof, the Appeal Board shall make a recommendation regarding the appeal to the Board of Commissioners. In its capacity as the final arbiter, the Board of Commissioners shall consider and take action on the recommendation from the Appeal Board. The Commission office shall notify the institution of the Board's decision. |
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Costs of Hearing. The request for a hearing shall be accompanied by a deposit of $10,000.00 to the Northwest Commission on Colleges and Universities to cover necessary costs of the appeal. The costs shall include travel, meals and lodging, and other actual and necessary expenses of the Appeal Board. If the institution is represented by legal counsel at the hearing, it shall provide the name of its legal counsel to the Appeal Board at least 30 days in advance of the hearing, and the institution shall deposit an additional $25,000.00. Upon final disposition of the appeal, the parties shall be provided a detailed written statement of their share of the costs. Any unused portion of the institution's deposit shall be refunded. |
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Adopted 1988/Revised 1997, 2003, 2007 |