Debarment

The Council may bar a person, including spouses and closely related family groups from being an owner or senior manager of a MEMAAC-accredited institution if that person was an owner or manager of an institution that lost its accreditation as a result of a denial or suspension action or that closed without providing a teach-out or refunds to students at the time of closure.

The Council will notify a person or persons whom it intends to bar as the result of denial or suspension action within four months following the loss of the institution’s accreditation. It will notify a person or persons whom it intends to bar as the result of the closing of an institution within a reasonable period of time following the closure, normally not more than six months following the closure of the institution. In each case, the Council will forward an “intent to bar” notice by both express and first-class mail to the last institutional mailing address known to the Council, unless the Council receives updated mailing information following the institution’s closure or loss of accreditation. Those individuals will be considered notified when the Council has forwarded the intent to bar notice in accordance with these procedures.

The intent to bar notice will inform the person(s) that they are entitled to present information and materials in writing or in person to challenge the intent to bar at the next scheduled meeting of the Council. The notice will stipulate that if they intend to challenge the intent to bar, the person(s) must inform the Council office in writing within ten days of receipt of the notice as to whether they desire a personal appearance before the Council, or whether they will challenge the intent to bar in writing. A debarment order may be issued by the Council as a result of its consideration of the facts presented. Notice of the Council’s decision will be sent to the individual(s) by first class and certified mail within ten days following their challenge before the Council.

The Council retains final discretion to establish the terms and length of the debarment. The length of debarment will vary depending on the circumstances that led to the debarment decision, but it typically will be for a period of at least one year and not more than three years. Individual circumstances may justify a longer period of debarment.

A person or persons barred by the Council may appeal this decision to the Council in accordance with such debarment appeals procedures as the Council may establish. The Council’s decision is final if the person elects not to appeal or if the Council affirms its decision following appeal, and no additional appeal rights are available under these procedures.

After considering an individual’s challenge to the intent to bar or when no challenge is presented, the Council’s decision to bar an individual is final. No appeal rights are available under these procedures.