Review Board Appeal Process

For those institutions that appeal to the Review Board a denial action or a suspension, the Council has established procedures designed to provide due process.

Purpose and Authority of Review Board

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The Review Board is a separate, independent appeals body established by the Council for the purpose of hearing appeals by institutions.  

Jurisdiction and Authority

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The Review Board panel has the authority to:

  • affirm the decision of the Council;
  • amend the decision of the Council;
  • reverse the decision of the Council; or
  • remand the case to the Council with recommendations for further consideration.

The Review Board panel may amend or reverse the decision of the Council or remand the case to the Council for further consideration only if it finds the decision was:

  • arbitrary, capricious, or otherwise in substantial disregard of the Accreditation Criteria, or
  • not supported by substantial evidence in the record on which the Council took the negative action.

The Review Board panel cannot amend or reverse the decision of the Council or remand the decision based on argument by the appellant that the Council action was disproportionate to the violations cited. The Review Board panel is further limited in that it has no jurisdiction or authority concerning the reasonableness of the Accreditation Criteria.

Review Board panels will not consider any evidence that was not in the record before the Council. Documents reviewed by or available to evaluation teams are not considered to be part of the record unless they are appended to the team report or the institution submits them to the Council as part of the institution’s response to the evaluation team report.

The panel acts on behalf of the entire Review Board. Therefore, a decision of a Review Board panel is final and will not be considered further by the full Review Board. In cases remanded to the Council for reconsideration, any recommendations of the Review Board panel, except the directive to reconsider, shall not bind or limit the Council in any way.

Request for Appeal

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To exercise its right of appeal, the institution must file a request for a hearing before the Review Board within a time frame determined by the Council, normally not more than 30 days from date of receipt of notification of the denial or suspension action. The request for a hearing must be in writing and signed by the chief executive officer (or equivalent) of the institution. Upon receipt of the request for a hearing, the Council will notify the institution of procedures to follow in preparing for it.

Hearing of an Appeal

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The hearing will be held at a time and place designated by the chair of the Review Board panel. Three members will constitute a quorum.

If the appealing institution intends to submit a written appeals brief or statement of points, it must be received by the Review Board panel and the Council at least 15 business days prior to the hearing date. The Council’s reply brief must be received by the panel and the appealing institution at least seven business days prior to the hearing. The Review Board panel chair will preside at the hearing and will rule on all procedural matters. There will be no right to cross-examine the opposing party or its representatives.

The Council transcribes all Review Board hearings for its own records. A copy of the transcript is available to the institution upon request.

The hearing shall be as informal as may be reasonable and appropriate under the circumstances. Both the Council and the institution may appear by or with counsel or other representative. The institution may waive a personal appearance, in which case the matter will be handled solely on briefs.

The chair of the Review Board panel may promulgate such additional rules of procedure for the scheduling and conduct of hearings as are consistent with these procedures.

Decision of the Review Board

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Every decision must have the concurrence of the majority of the Review Board panel. Within a reasonable time after the conclusion of the hearing, the hearing panel shall issue in writing its decision with a statement of its reasons and recommendation, if any, to the Council. The decision will indicate those members of the Review Board panel who concur with the decision. Dissenting opinions may be filed. The majority decision with dissenting opinions, if any, will be furnished to the institution.

Council Receipt of Review Board Decisions

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Decisions by the Review Board panel are transmitted to the Council for disposition and publication.

If the Review Board panel affirms the prior decision of the Council, there is no further remedy available within these procedures. The Council’s decision is final, and immediate publication is automatic. If the Review Board panel remands the matter, the case shall be deemed to be finally disposed of when the Council takes final action on remand.

Expenses of Appeal Hearing

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The institution shall bear the following expenses in connection with the appeal:

  1. travel and subsistence of the Review Board panel members participating in the hearing; and
  2. cost of the hearing room and transcription.

An appeals deposit must be made with the Council at the time of the filing of the notice of appeal. The deposit shall be applied to the expenses listed above, and any excess deposit will be returned to the institution.