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ACCJC GONE WILD
By Martin Hittelman
January 22, 2015
Martin Hittelman is a retired community college faculty member. He is a Professor Emeritus of
Mathematics at Los Angeles Valley College and President Emeritus of the California Federation of
Teachers. He is a former member of the California Community College State Academic Senate Executive
Committee, former President of the CFT Community College Council, and a former Vice President of the
California Federation of Labor.
Updated versions of ACCJC Gone Wild and other documents can be found at
www.accreditationwatch.com.
Martin Hittelman can be reached at [email protected]
Note: In many sections of this paper, items have been bolded in order to add emphasis.
Table of Contents
ACCJC GONE WILD........................................................................................................ 1
Table of Contents ............................................................................................................... 2
Introduction ..................................................................................................................... 10
What is ACCC and How Has It Gone Wrong? ........................................................................................10
ACCJC Violations Confirmed by U.S. Department of Education ...........................................................10
Student Learning Outcomes .....................................................................................................................12
Widely Accepted Criteria .........................................................................................................................13
High Rate of Sanctions.............................................................................................................................14
Major Reasons for ACCJC Sanctions ......................................................................................................15
Secrecy in ACCJC Operations .................................................................................................................16
ACCJC and Advocates.............................................................................................................................17
Methods Used in Gone Wild ....................................................................................................................18
Chapter 1: Higher Education Accreditation ...................................................................... 19
ACCJC and WASC ..................................................................................................................................20
Violations of the Code of Federal Regulations ........................................................................................20
WASC ......................................................................................................................................................21
Quality Assurance, Continuous Improvement, or Compliance ...............................................................22
Application Process for Accreditation Agencies to Receive Reaccreditation .........................................23
Staff Analysis of an Accrediting Agency's Application ..........................................................................24
Hearing Before the Advisory Committee ................................................................................................25
“National Advisory Committee on Institutional Quality and Integrity (NACIQI) ..................................25
Chapter 2: The ACCJC in Action ..................................................................................... 28
New Appeal Process Controlled by the ACCJC ......................................................................................29
College Ability to Plan, Prepare Reports, Review ...................................................................................30
Sanctions Criteria .....................................................................................................................................31
Chapter 3: ACCJC’s Extreme Number of Sanctions ........................................................ 33
2003-2008 ................................................................................................................................................33
2011-2012 ................................................................................................................................................33
U.S. Department of Education Pressure ...................................................................................................33
Sanctions at January 2012 meeting ..........................................................................................................34
June 8-10, 2011 Sanctions........................................................................................................................35
January 10-12, 2012 Sanctions ................................................................................................................35
June 6-8, 2012 Sanctions..........................................................................................................................36
January 9-11, 2013 Sanctions ..................................................................................................................37
2011-14 Actions on California Community Colleges ..............................................................................37
Sanctions 2003-2008 ................................................................................................................................40
January 2009 – January 2012 ...................................................................................................................41
Top Perceived Deficiencies Causing Sanctions .......................................................................................41
June 5-7, 2013 Actions .............................................................................................................................42
Accreditation Agency Sanctions 2013 .....................................................................................................44
January 2014 Common Deficiencies .......................................................................................................45
ACCJC Actions of January 8-10, 2014 ....................................................................................................45
ACCJC SANCTIONS OF JANUARY 2014 – A NEW DIRECTION? ..................................................46
Page 2
ASCCJC Actions of June 2014 ................................................................................................................47
Trends in Deficiencies Leading to Sanction January 2009 to January 2014 ...........................................49
Chapter 4 Problems With ACCJC .................................................................................... 51
Out of Touch With California Educational Environment ........................................................................52
Public Disclosure and Retaliation ............................................................................................................52
Chapter 5 History of Complaints Against ACCJC ........................................................... 53
Hittelman Letter of November 21, 2001 on Standards ............................................................................53
October 13, 2008 Hittelman Letter to ACCJC .........................................................................................54
December 2008 ACCJC Reply Filled with Errors ...................................................................................56
CCA/CTA Correspondence March 2009 .................................................................................................59
CTA Letter March 2009 ...........................................................................................................................59
California Community Colleges Task Force Oct. 2009 ...........................................................................60
Recommendations to ACCJC from Task Force ...................................................................................60
ACCJC Response to Concerns of Chancellor Scott and the Task Force Jan. 2012 .............................61
The RP Group Findings of February 2011 ...............................................................................................63
CFT letter of January 8, 2013 Concerning Failure to Obey Timelines ....................................................66
Hittelman Complaint/Comment of April 30, 2013 ..................................................................................66
ACCJC Response of May 31, 2013 .........................................................................................................67
June 26, 2013 Hittelman Response ..........................................................................................................68
Attacks on Board of Trustee Members ............................................................................. 68
Los Angeles Southwest College...............................................................................................................70
Ventura College .......................................................................................................................................71
Hittelman THIRD PARTY COMMENT FORM.............................................................. 71
June 28, 2013 Response from ACCJC .....................................................................................................73
July 25, 2013 ACCJC Reply to Hittelman Complaint and Hittelman analysis .......................................73
October 1, 2013 Hittelman Request for Information ...............................................................................75
City College of San Francisco - PLACED ON SHOW CAUSE (2012),
ACCREDITATION REMOVED (2013) ......................................................................... 76
Resolution of the Academic Senate of the California Community Colleges. .................... 81
CFT Complaint Filed on April 30, 2013 .......................................................................... 81
ACCJC Response to CFT Complaint .......................................................................................................82
May 30, 2013 Accrediting Commission Perfunctory Response to CFT Complaint/Comment ...............83
Letter to Chronicle of Higher Education by Commissioner Frank Gornick ...................... 85
CFT Statement on CCSF Loss of Accreditation ............................................................... 87
Statewide Community College Chancellor Brice Harris July 3, 2013 Statement on
Appointment of Special Trustee ....................................................................................... 88
Parallel to Compton College ............................................................................................ 89
July 8, 2013 CFT Remarks to the Board of Governors ..................................................... 90
Statewide and CCSF Student Success Scorecards 2014 ................................................... 92
CFT Complaint to Department of Education July 26, 2013 ............................................. 95
ACCJC Information to the Field - July 2013 – An Unlikely Story .....................................................95
Page 3
Accreditation Group finds ACCJC out of compliance – August 13, 2013 .......................100
ACCJC Press Release of August 13, 2013.........................................................................................102
Letter from AFT Local 2121 to Scott-Skillman and Agrella ...........................................103
August 16, 2013 Letter from Beno to Agrella on Confidentiality of Review Process ......................105
August 19, 2013 Agrella Letter to the College Community ..............................................................108
Save CCSF Coalition Complaint of August 19, 2013. .....................................................109
CFT letter to Brice Harris August 19, 2013.....................................................................111
CFT CLASS ACTION COMPLAINT OF SEPTEMBER 24, 2013 ................................112
Save CCSF Rally - November 7, 2013 .............................................................................115
California Joint Legislative Audit Committee – Action on August 21, 2013 ...................118
Call for State Audit ............................................................................................................................118
Backgound for Call ............................................................................................................................119
2013-123 AUDIT SCOPE AND OBJECTIVES - Accrediting Commission for Community and
Junior Colleges - Community College Costs and Nonstate-Approved Policies ................................121
San Francisco City Attorney files Law Suit August 22, 2013 .........................................122
ACCJC Press Release of August 23, 2013 on SF Attorney Suit ......................................123
Trustee of Coast Community College District Support of Complaint August 20, 2013 ...124
Letter from State Superintendent of Public Instruction to ACCJC, September 17, 2013 ..125
ACCJC Press Release on Superintendent Tom Torlakson's Letter ..................................126
September 5, 2013 Letter from Academic Senate to Department of Education ...............127
September 10, 2013 Complaint by the League of United Latin American Citizens .........128
Complaint of September 25, 2013 by the San Mateo County Community College District
........................................................................................................................................130
October 7, 2013 Letter from San Mateo Chancellor Galatolo .........................................131
October 8, 2013 Letter from Beno to Dr. Bonnie Dowd Requesting Help .......................132
Oct. 24, 2013 Chancellor’s with Opposing Views ...........................................................134
ACCJC Commissioner Kinsella Writes .................................................................................................134
San Mateo Chancellor Galatolo Replies ................................................................................................134
Save CCSF Coalition Files November 4, 2013 Lawsuit ..................................................136
Academic Senate for California Community Colleges Addresses ACCJC Issues ............139
Visiting Team Reports and Privacy .................................................................................143
Commission Composition ...............................................................................................144
CFT and S.F. City Attorney File for Preliminary Injunction – Nov. 24, 2013 .................149
CFT Memorandum of Points .................................................................................................................149
S.F. Injunction Information ....................................................................................................................151
Harris letter to Herrera of January 2, 2014 ............................................................................................152
Superior Court Judge Karnow Issues Preliminary Injunction January 2, 2014 .....................................153
ACCJC January 13, 2014 Misleading Press Release .............................................................................155
Department of Education Staff Report on ACCJC – November 2013 .............................160
Page 4
§602.13 Acceptance of the agency by others. ........................................................................................162
§602.18 Ensuring consistency in decision-making ................................................................................165
January 28, 2014 Letter to Beno from Department of Education ..........................................................169
Sections Violated by ACCJC as noted in letter and [remarks by Dept. of Education staff] ..................170
Chapter 6 ACCJC in 2014 ..............................................................................................175
January 2014 Meeting of the ACCJC ....................................................................................................176
Lack of Transparency - CFT Letter of January 9, 2014 .....................................................................179
Report on ACCJC Meeting of January 10, 2013 ...............................................................................180
Some of the Changes..............................................................................................................................181
New Policy On Complaints Against ACCJC .....................................................................................181
Policy on Commission Actions on Institutions ..................................................................................182
Policy on the Right and Responsibilities of the Commission and Member Institutions ....................182
Policy on Access to Commission Meetings .......................................................................................183
Review of CCSF Removal of Accreditation Decision...........................................................................184
Letter from Saginor to Agrella ...........................................................................................................184
March 3, 2014 Save CCSF Answers ACCJC Claims to Dismiss Case .................................................186
March 2014 Letter from Congressmembers to Secretary of Education Duncan ...................................187
January 2014 ACCJC Meeting - Has Anything Really Changed? ........................................................188
Cabrillo College - Reaffirm Accreditation.........................................................................................190
ACCJC Threatens San Jose/Evergreen Community College District................................................191
San Mateo Community College – Reaffirm Accreditation ................................................................192
Victor Valley College - Remove Probation, Reaffirm Accreditation ................................................194
Solano College – Remove Warning and Reaffirm Accreditation ......................................................195
Woodland Community College - Continue on Warning....................................................................196
College of the Sequoias – SHOW CAUSE to WARNING ...............................................................198
Cuyamaca College - Reaffirm Accreditation .....................................................................................198
Grossmont College - Reaffirm Accreditation ....................................................................................201
Cuesta College - Removed from Warning, Reaffirmed Accreditation ..............................................201
Honolulu Community College – Removed from Warning, Accreditation Reaffirmed .....................201
El Camino College - Removed from Warning...................................................................................201
January 2014 Revised Standards ............................................................................................................202
Hittelman Statement to the ACCJC on Standards Revision ..............................................................205
Feb. 7, 2014 ACCJC Threatens San Jose/Evergreen Community College District Over
SLOs ...............................................................................................................................206
On April 12, 2014, the California Community College Academic Senate approved the following
resolution:...............................................................................................................................................207
April 14, 2014 Letter from CCSF Chancellor Tyler to the College Community ..............................210
Page 5
Errors seen in commissioners' opinion piece on CCSF funding ........................................................211
April 18, 2014 Chief Executive Officers to ACCJC ........................................................212
Legislative Bills as of May 11, 2014 ...............................................................................213
May 20, 2014 letter from BOG to ACCJC - the Smoking Gun? ......................................216
May 27, 2014 Rejection of Reconsideration of CCSF Sanction ......................................217
May 30, 2014 Resolution by California State Legislature ...............................................220
2014 Visiting Teams Light on Faculty Representation ....................................................221
June 11, 2014 - ACCJC Announces Proposed Language on Terminating Accreditation .231
CCSF Appeal Hearing Decision June 12, 2014 ...............................................................232
The Decision ..........................................................................................................................................234
Preliminary Considerations ....................................................................................................................235
Basic Contentions...................................................................................................................................235
Bias of the Panel.....................................................................................................................................237
Declaration of Brice Harris In Support of Herrera Law Suit June 10, 2014 .....................238
July 21, 2014 ACCJC Decision on Remand ....................................................................241
Letter from ACCJC Accepting Restoration Status ................................................................................242
June 2014 Sanctions – Inconsistent Results ....................................................................244
June 2014 ACCJC Sanctions ..........................................................................................245
Los Angeles Valley College - Continue Warning..................................................................................245
Los Angeles Mission College - Remove Warning and Reaffirm Accreditation....................................246
Barstow Community College - Remove Warning and Reaffirm Accreditation ....................................248
Ohlone College - Reaffirm Accreditation ..............................................................................................249
Hartnell College - Remove Probation, Issue Warning ...........................................................................250
Moreno Valley College - Reaffirm Accreditation .................................................................................252
Orange Coast College - Remove Warning and Reaffirm Accreditation ................................................254
Coastline Community College - Remove Warning and Reaffirm Accreditation ..................................255
Evergreen Valley College - Probation ...................................................................................................255
San Jose City College - Probation..........................................................................................................256
Cerritos College - Warning ....................................................................................................................256
West Valley College - Warning .............................................................................................................258
Victor Valley College - Probation..........................................................................................................260
Golden West College - Continue on Warning .......................................................................................262
Palo Verde College - Probation..............................................................................................................263
Los Angeles Southwest College - Remove Warning and Reaffirm Accreditation ................................265
Lassen Community College - Reaffirm Accreditation...........................................................................265
Norco College - Reaffirm Accreditation ................................................................................................267
June 26, 2014 California Bureau of State Audits (BSA) Report ......................................268
New Commissioners - July 1, 2014 .................................................................................269
Gloria Romero........................................................................................................................................270
July 16, 2014 Judge Rejects ACCJC’s Attempt to Slow Down Legal Case .....................270
July 28, 2014 CCSF Leadership Applies for Restoration Status ......................................270
Letter from ACCJC Accepting Restoration Status ..........................................................273
Page 6
Bonta Legislation Approved ...........................................................................................275
October 10, 2014: Judge again rejects ACCJC attempt to stop trial ................................275
Proposed Change to Board of Governors' Regulation on Accreditation ..........................275
October 14, 2014: CCSF Submits Accreditation Self Evaluation Report ........................276
Community College Consultation recommends removal of ACCJC in Board of Governors
Regulations .....................................................................................................................277
October 22, 2014 CEOs to Beno and Herrera ..................................................................278
The People v. ACCJC Goes to Trial October 27-31, 2014 ..............................................279
Oct. 31, 2014 ACCJC: WHAT’S EDUCATION GOT TO DO WITH IT?! By Alvin Ja 286
IN WHOSE INTERESTS: PUBLIC, OR ACCREDITING COMMUNITY? ......................................286
QUALITY OF EDUCATION NOT RELEVANT TO ACCREDITATION STANDARDS ...............286
UNFAIRNESS OF COMMISSIONER SELECTION/ELECTION ......................................................287
THE CONCEPT OF TEST VALIDITY ................................................................................................287
ABUSE OF THE PUBLIC TRUST .......................................................................................................288
FEDERAL REGULATIONS: KEYS TO THE KINGDOM WITH A LICENSE TO KILL...............288
OPPRESSIVE, UNSCRUPULOUS, AND ABOVE-THE- LAW ........................................................288
MEMBER INSITITUTIONS, CCC CHANCELLOR’S OFFICE & BOARD OF GOVERNORS ......289
EDUCATION COMMUNITY ..............................................................................................................289
November 15, 2014 Plenary Session of the Academic Senate for California Community
Colleges ..........................................................................................................................289
“Student Learning Outcomes and Faculty Evaluations (Approved Nov. 15, 2014) ..............................290
“Accreditation Evaluation Teams and Commission Actions (Approved November 15, 2014) ............290
“Faculty Participation on ACCJC External Review Committees (Approved November 14, 2014) .....291
“Freedom to Choose (Referred to ASCCC Executive Committee for Consideration) ..........................292
November 17, 2014 Board of Governors Meeting...........................................................292
Removal of ACCJC mention in BOG Regulations ................................................................................292
Selected Testimony Before the Board of Governors on Removing ACCJC from Regulations ............293
Return of CCSF Trustees to Power ........................................................................................................297
Selected Summary Testimony Before the California Community College Board of Governors ..........297
November 17, 2014 People’s Motion to Amend Complaint ............................................306
November 21, 2014 Memo from Beno to Chief Executive Officers with respect to Team
members .........................................................................................................................308
December 2, 2014 People’s Case Summary ....................................................................309
A.
The ACCJC Engaged In Unlawful Acts And Should Be Found Liable Under The Unlawful"
Prong Of The UCL .................................................................................................................................310
B. The ACCJC Engaged In Unfair Acts And Should Be Found Liable Under The "Unfair" Prong Of
The UCL.................................................................................................................................................310
C. The ACCJC's Accreditation Activities Are Business Practices Within The Meaning Of Section
17200. .....................................................................................................................................................311
D. The ACCJC's Attempts To Shield Itself From. Judicial Review And Immunize Its Conduct From
Liability Continue To Fail......................................................................................................................311
II. THE COURT CAN AND SHOULD VACATE THE ACCJC'S TAINTED DECISIONS ..............311
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a. City College is Highly Successful At Educating Students .................................................................311
b. The ACCJC Exaggerates The Issues At City College. ......................................................................311
3. The Relief Sought Is Not Mooted By The Restoration Policy. .........................................................311
December 2, 2014 ACCJC’s Case Summary ..................................................................312
2. The ACCJC did not violate the UCL in the Composition of the ACCJC's Evaluation. Team or Show
Cause Team. ...........................................................................................................................................313
a) Peter Crabtree's presence on the Evaluation Team was not "unlawful" as a violation of either 34
C.F.R. section 602.15(a)(6) or the ACCJC's own policies. ...................................................................313
d) There is no evidence that the number of academics on either the Evaluation Team or Show Cause
Team was "unfair.".................................................................................................................................313
b) Dr. Beno's conduct as the reader of the Show Cause Report was not unfair to CCSF ......................313
a) The ACCJC's use of the term "recommendation" was not unlawful or unfair. .................................313
b) CCSF was afforded every opportunity required by the DOE regulations and ACCJC policies to
review and comment on the deficiencies relied upon by the Commission. ...........................................313
B. The Remedy Sought by the City Attorney Is Unmanageable and improper. ....................................313
DECEMBER 10, 2014 Oral Arguments in The People vs. ACCJC .................................313
December 18, 2014 Summary of CFT Complaint Against ACCJC .................................315
Out of Compliance .................................................................................................................................316
Inconsistent Decision Making ................................................................................................................317
Inconsistent Fiscal Standards .................................................................................................................318
Continue to Violate Conflict of Interest Requirements..........................................................................319
Hearing Panel Bias .................................................................................................................................319
Appeals Process Violated.......................................................................................................................322
Chapter 8 ACCJC in 2015 ..............................................................................................323
January 14, 2015 ACCJC Grants CCSF Restoration Status ..................................................................323
November 16-20, 2014 RESTORATION EVALUATION REPORT ..................................................325
False Relief to CCSF..............................................................................................................................330
January 16, 2015 Tentative Decision in People vs. ACCJC ..................................................................332
Personnel Costs and Long-term Liability ..........................................................................................333
Deficiency And Noncompliance ........................................................................................................334
Conflict of Interest .............................................................................................................................335
ACCJC Press Statement .....................................................................................................................336
January 17, 2015 Board of Governors removes ACCJC from Regulations ..........................................337
Chapter 9 Sanctions on Colleges – A Picture of Inconsistent Decisions Before 2014 .....337
Compton College - DENIAL OF ACCREDITATION (2005) ..............................................................338
College of the Sequoias – PLACED ON SHOW CAUSE (2013) .........................................................341
Diablo Valley College – PLACED ON SHOW CAUSE (2009), REMOVE SHOW CAUSE AND
PLACED ON PROBATION (2010), REAFFIRMED ACCREDITATION (2011) .............................343
Cuesta College – PLACED ON SHOW CAUSE (2012), PLACED ON WARNING (2013) ..............347
College of the Redwoods - SHOW CAUSE (2012), REMOVE SHOW CAUSE IMPOSE
PROBATION .........................................................................................................................................347
Solano Community College – PLACED ON WARNING (2012), PLACED ON PROBATION (2013)
................................................................................................................................................................350
Page 8
Bakersfield College – REAFFIRM ACCREDITATION (2013) ...........................................................352
Merced College – REMOVE WARNING AND REAFFIRM ACCREDITATION (2013) .................353
West Hills College District - ACCREDITATION REAFFIRMED (2011) ..........................................353
Los Angeles Mission College – WARNING (2013) .............................................................................358
Los Angeles Pierce College – ACCREDITATION REAFFIRMED (2013) .........................................360
San Diego Mesa College – ACCREDITATION REAFFIRMED (2011) .............................................361
Fullerton College – REMOVE WARNING AND MOVE TO ACCREDITATION (2012) ................362
College of Marin – ACCREDITATION REAFFIRMED (2013) ..........................................................363
Shasta College – PLACED ON PROBATION (2012) ..........................................................................363
Los Angeles Southwest College – PLACED ON PROBATION (2012), REMOVED FROM
PROBATION AND PLACED ON WATCH (2013).............................................................................364
Los Angeles Valley College – PLACED ON WARNING (2013) ........................................................367
Copper Mountain College – ACCREDITATION REAFFIRMED (2013) ...........................................369
Woodland Community College – PLACED ON WARNING (2013) ...................................................369
Yuba College – PLACED ON WARNING (2013) ...............................................................................371
Barstow Community College – CONTINUED ON WARNING (2013) ...............................................374
Victor Valley College – PLACED ON PROBATION (2012)...............................................................375
Gavilan College – ACCREDITATION REAFFIRMED (2013) ...........................................................376
Ventura County Community Colleges PLACED ON PROBATION (2012), ACCREDITATION
REAFFIRMED (2013) ...........................................................................................................................377
Peralta Community College District Colleges – PLACED ON WARNING (2012), WARNING
REMOVED AND REAFFIRMED ACCREDITION (2013) ................................................................378
Coast Community College District – PLACED ON WARNING (2013) ..............................................378
Imperial Valley College – PLACED ON WARNING (2013) ...............................................................380
College of Marin – REMOVED FROM WARNING (2013) ................................................................381
Fresno City College – REMOVED FROM WARNING (2013) ...........................................................381
Antelope Valley College – Midterm Report (2013) ..............................................................................381
El Camino College – PLACED ON WARNING (2013) .......................................................................383
Hartnell College – PLACED ON PROBATION (2013) .......................................................................384
West Los Angeles College – PLACED ON WARNING (2012) , ACCREDITATION REAFFIRMED
(2013) .....................................................................................................................................................388
Los Angeles Harbor College – REMOVE PROBATION AND REAFFIRM ACCREDITATION
(2013) .....................................................................................................................................................391
Modesto Junior College – PLACED ON PROBATION (2012) ...........................................................391
The Lumina Foundation and the ACCJC ........................................................................392
Conclusion ......................................................................................................................395
ACCJC Appeals Procedure Manual ................................................................................399
34 Code of Federal Regulation (CFR) – Relevant Sections .............................................405
Index ...............................................................................................................................412
Page 9
Introduction
What is ACCC and How Has It Gone Wrong?
The Accrediting Commission for Community and Junior Colleges (ACCJC) is the accreditation agency
for the Community Colleges of California. It currently works as a part of the Western Association of
Schools and Colleges (WASC).
Barbara Beno, a former college president whose contract was not renewed by the college district in which
she had served, has been the President of the ACCJC since August of 2001. The president of the
Commission is a staff position. During her term as President the ACCJC has changed from being a
collegial accrediting agency that helps its colleges to satisfy accreditation standards by offering training
and assistance to both visiting teams and college constituencies to one that issues sanctions with a
vengeance. The Commission operates in secret and applies its standards in an arbitrary and
inconsistent manner. It disregards the public policies of California. In addition questions regarding
conflict of interest on the part of Commission members and staff have been raised on numerous
occasions. Due to the secretive processes of the ACCJC, it is difficult to substantiate how Commission
members might be voting even when a conflict of interest arises. In fact, there is not even a public record
of how the nineteen individual commissioners vote on the sanctions of the colleges.
Commission members are currently elected from a slate produced by the Commission. As one person
wrote me “It was a while ago and may not be of any interest to you, but I was asked to serve on a
selection committee for ACCJC board members. Talk about a slate! I walked in and was told who we
would recommend and why. It was clearly done on the basis of reward and punish! Beno may have
changed the policies since then—but I bet the fundamental features of the process remain the same.”
ACCJC Violations Confirmed by U.S. Department of Education
On August 13, 2013 the ACCJC received a letter from the U.S. Department of Education stating the
finding that the ACCJC was out of compliance with the Education Secretary’s Criteria for Recognition in
their handling of the removal of accreditation from City College of San Francisco in June of 2013. This is
just one indication of the pattern of abuse that has occurred over the years. This letter is described in detail
under the City College of San Francisco section of this paper.
The letter of August 13, 2013 informed Barbara Beno that "the Accreditation Group has found that some
aspects of the agency's accreditation review process do not meet the Secretary's Criteria for Recognition
(CFR). Specifically, the Accreditation Group has determined that the ACCJC is out of compliance with
34 C.F.R. §§602.15(a)(3), 602.15 (a)(6), 602.18(e), and 602.20(a) of the Secretary's Criteria for
Recognition."
The Accreditation Group limited its review to an evaluation of what happened at City College of San
Page 10
Francisco but I have documented the above violations at a number of other community colleges in
California in this paper (ACCJC Gone Wild). In addition to the violations cited by the Accreditation
Group, I have also documented here violations related to the following sections of 34 CFR:
602.13 Acceptance of the agency by others.
602.15 Administrative and fiscal responsibilities
602.16 Accreditation and preaccreditation standards.
602.17 Application of standards in reaching an accrediting decision
602.18 Ensuring consistency in decision-making.
602.19 Monitoring and reevaluation of accredited institutions and programs.
602.20 Enforcement of standards.
602.21 Review of standards.
602.23 Operating procedures all agencies must have.
602.25 Due process
In January of 2014, the Department of Education determined that ACCJC had violated the following
sections of the Criteria for Recognition:
§602.12(b)
§602.13
§602.15(a)(3)
§602.16(a)(1)(i)
§602.16(a)(1)(ii)
§602.16(a)(1)(iii)
§602.17(a)
§602.17(f)
§602.18(e)
§602.19(b)
§602.20(a)
§602.20(b)
§602.21(c)
§602.25(a-e)
§602.26
The letter further stated that ACCJC would lose its ability to accredit colleges if it did not meet these
requirements by January of 2015.
President Beno and the Commission members, have, since Beno took over, conducted a reign of terror in
which any sign of disloyalty to the ACCJC or difference with any of their policies is met with threats of
more severe sanctions. In some cases, actual sanctions have been levied against colleges where criticisms
of the Commission itself have occurred. As one CEO told me, it is “Beno’s way or the highway.” As a
result, most college administrators and faculty are afraid to speak out against the excesses of the ACCJC.
Even visiting team members have been unwilling to step forward and expose abuses for fear of hurting
the chances of their home institutions. In June of 2013 the ACCJC stepped up its muzzling of both
visiting team members and Commission members by passing an additional series of policy changes that
require non-disclosure of Commission proceedings.
The ACCJC has directed colleges to implement “transparent decision making, honest dialogue and
widespread dissemination of internal college documents.” The ACCJC itself does not live up to that
standard.
As Joanne Waddell, AFT 1521 President, stated at a June 6, 2014 rally in Sacramento on June 6: “In Los
Angeles we are facing an accreditation review that will waste our time and taxpayer money on ACCJC
obsessions unrelated to the quality of education.” “At a time when we are trying to rebuild our course
offerings and programs after years of budget cuts, an accreditation review process run this way, to satisfy
out-of-touch bureaucrats instead of helping our students get the best education possible, is the last thing
we need.”
Page 11
The goal of accreditation, according to the United States Department of Education, "is to ensure that
education provided by institutions of higher education meets acceptable levels of quality." In the Special
Edition of the February 2001 ACCJC News it is pointed out that “In achieving and maintaining its
accreditation a higher education institution assures the public that the institution meets standards of
quality, that the education earned there is of value to the students who earn it, and that employers,
trade or professional-related agencies and other colleges and universities can accept a student’s
credentials as legitimate.”
Contrary to its own claims, the ACCJC does not value colleges for their quality of instruction, but
instead the ACCJC issues sanctions that are based on the successful performance of excessive
documentation and data gathering, reviews of policy and procedures, and adherence to education practices
that are not based on scientific studies.
According to the ACCJC, accredited institutions are required to meet or exceed a set of rigorous standards
including:
 Institutional Mission and Effectiveness (Standard I);
 Student Learning Programs and Services (Standard II);
 Resources (Standard III); and
 Leadership and Governance (Standard IV).
Article 1, Section 2 of the ACCJC Bylaws makes clear that the intent of the Commission is to require that
colleges have “clearly defined objectives appropriate to higher education; has established conditions
under which their achievement can reasonably be expected; appears in fact to be accomplishing them
substantially; it is so organized, staffed, and supported that it can be expected to continue to do so; and
demonstrates that it meets ACCJC’s Eligibility Requirements and Accreditation Standards.” In short, the
role of the ACCJC, as seen by the ACCJC, is to force colleges to spend enormous quantities of time
demonstrating that they are properly (in the eyes of the Commission) organized and have established
the required conditions. The ACCJC rarely looks at the quality of education offered or the results
of the students of the college under review. The emphasis on process leaves less time for colleges
facing an accreditation decision to spend on efforts to actually offer quality programs of instruction.
Student Learning Outcomes
Some of the demands of ACCJC, such as Measurable Student Learning Outcomes (SLOs), are not
recognized as model standard practices by the majority of college educators. This is a violation of 34 CFR
602.13. This fact is illustrated by faculty resistance to the imposition of the measurable student learning
outcome methodology. Despite the opposition to the busy work required under SLOs, faculty members
are forced to perform them under the threat of sanction. Even so, a large number of sanctions are based on
the failure of a college to fully implement SLOs. This just illustrates the lack of general acceptance of this
standard.
SLO’s are written to describe what specific knowledge and skills a student should have and be able to
demonstrate at the conclusion of a course, program, and/or degree. SLO’s are to be used to provide data
Page 12
collection to measure student academic success. The implementation of SLOs requires considerable work
and effort. In addition to the normal tests given by instructors to determine how well a student is doing in
a class and what grade should the student earn, SLO’s are used to determine whether the specific
“outcomes” have been achieved. The data from the SLO’s is then supposed to be used to determine
whether the classes are successful in terms of student success .There has, to this point, been no objective
study of the use of SLOs in improving instruction.
The problem with SLO’s in the eyes of many instructors is that they do not lead to better teaching and
learning and are a very big waste of time. Instead they tend to lead to a standardized curriculum that
does not address the full needs of the students. Such important elements as motivation, critical thinking,
interest, creativity, and the ability to learn on one’s own are difficult if not impossible to measure with
SLO’s – and as a result become less important in the minds of those who would rate educational quality
based on SLOs. In short, many faculty members resist doing SLOs not just because of the work involved,
but also that they do not provide insights into how to improve instruction.
Widely Accepted Criteria
34 CFR 602.13 require that an accrediting agency “must be able to demonstrate that its standards,
policies, and accreditation decisions are widely accepted in the United States by educators and
educational institutions, licensing bodies (if appropriate), practioners, and employers of graduates for
accredited institutions/programs.” The ACCJC is out of compliance with this fundamental
requirement. Their approach to governance, planning, coordination, SLOs, fiscal responsibility,
and research is not widely accepted either in the California community colleges or across the
nation. This accounts for much of the high level of sanctions inflicted on the colleges by the ACCJC.
I have found no evidence that suggests that the ACCJC has attempted to demonstrate that its standards,
policies and decisions are widely accepted. To the contrary, concerns voiced by the Academic Senate of
the California Community Colleges, a host of both state and federal legislators, faculty unions,
Community College Boards of Trustees, the California Community College Consultation Council, and the
RP Group underlines the general opposition to their policies and practices. The lack of wide acceptance
was included in the concerns of the Department of Education in their evaluation of ACCJC.
The ACCJC discourages any consideration of how the college meets state and federal requirements.
This disinterest in California and federal law and practice is emphasized in the ACCJC Team
Evaluator Manual. On page 23 of the August 2012 Manual it advises that “Recommendations
should not be based on the standards of governmental agencies, the legislature, or organizations.”
The actual quality of the education offered is not a consideration. In addition, the ACCJC has attempted
to micro-manage colleges by using accreditation as the tool to force colleges to change their budgeting
and governing patterns to fit the ACCJC’s vision of how a college should operate. In the case of Northern
Marianas College (Saipan North Marianas Islands), the Commission has even attempted to force change
in their trustee composition.
Some of the arguments used by the Commission to support ACCJC sanctions against City College of San
Page 13
Francisco and several other colleges question the very mission of the community colleges in California.
A goal of ACCJC’s interpretation of its standards seems to be to reduce open access to a wide
variety of programs and students in the name of reduced resources. In short, the Commission is
attempting to change the very mission of community colleges through ACCJC’s ability to sanction. This
action is clearly in conflict with Federal Regulation 34 CFR 602.17(a)(1).
High Rate of Sanctions
From 2003 to 2008 the six United States regional accrediting bodies issued a total of 126 sanctions to
community colleges in the United States. 112 of these were issued by the ACCJC under Beno’s direction.
ACCJC has continued to be out of step with the other accrediting agencies. From June 2011 to June 2012
the ACCJC issued forty-eight of the seventy-five sanctions (64%) issued nationwide. The community
colleges in California represent about 19% of the community colleges accredited nationally. In short, the
19% of the colleges nationwide that are under ACCJC generated 64% of the national sanctions.
In 2013 the ACCJC continued its assault on California’s community colleges when it sanctioned 10 out of
23 (43.4%) colleges before it in January of 2013 and 10 out of 21 (47.6%) colleges in June of 2013.
Their action included putting College of Sequoias on SHOW CAUSE (the college must prove that it
should not have its accreditation removed) and removed the accreditation from City College of San
Francisco effective July 2014. This large number of sanctions is an indication that their policies and the
way they apply them are out of step with what is happening in the internationally recognized outstanding
community colleges of California.
Dan Walters, on February 16, 2014, wrote in the Fresno Bee that “For several years, those who run
California's 100-plus community colleges have complained that the commission that makes all-important
accreditation evaluations has been excessively aggressive, even nit-picking. There have even been off-therecord complaints that evaluators for the Accrediting Commission for Community and Junior Colleges,
an offshoot of the Western Association of Schools and Colleges, were settling personal scores from their
own days as community college faculty and administrators. The complaints arose as the commission
issued highly critical reports on district after district, and as local college officials, worried about the
immense financial consequences of losing accreditation but also dealing with cutbacks in state support,
scrambled to respond.”
Clearly, the ACCJC has become a rogue agency.
According to the ACCJC, its accreditation process provides assurance to the public that the accredited
member colleges meet their Standards and that "the education earned at the institutions is of value to the
student who earned it; and employers, trade or profession-related licensing agencies, and other colleges
and universities can accept a student's credential as legitimate." Contrary to this claim, the emphasis of
ACCJC has not been on the value of the education to the student or to the colleges and universities that
would accept the credits earned. Rather it has been on compliance with the ACCJC standards (the
majority of which do not directly address the quality of education that students receive).
The California Community Colleges Student Success Scorecard tracked students for six years through
Page 14
2011-12. Many of the colleges which ranked highest on the scorecard in the various categories have
recently been given sanctions by the ACCJC. Other colleges with low ranking have not. One typical
example is City College of San Francisco which was had its accreditation revoked in June of 2013. CCSF
ranked fourth among the colleges in the state in the percentage of students who were underprepared for
college but still achieved 30 units of transfer work over the six years tracked. It also ranked high in
other categories. CCSF is a great college for students and the ACCJC is set on closing it. It is clear, from
looking at the scores at the various colleges, that the ACCJC has not successfully developed a
methodology for considering academic quality and success. The scores on the California Community
College Student Success Scorecard can be found on the California Community College website.
In fact, when the colleges of Special Trustee Agrella and Temporary Chancellor Scott-Skillman (who
were brought in the make CCSF right), CCSF scores higher in many categories.
Folsom Lake
Santa Rosa
College (ScottCollege
Skillman)
(Agrella)
CCSF
Full Time Equiv. Students
5,400
9,700
32,600
Persistence
68.6%
62.3%
75.2%
Completion
45.6%
53.1%
55.6%
Career Tech Ed
49.9%
54.5%
49.5%
30 units
70.3%
69.8%
72.5%
Remedial (Math/English/ESL) 23/35/7
15/27/12
18/43/52
% FT Faculty
69.4%
58.2%
71.4%
Major Reasons for ACCJC Sanctions
According to their own published report, the following were the reasons given for the ACCJC sanctions
of January 2012:
 Six colleges did not have adequate procedures and did not appropriately implement program
review of instructional programs and services.
 Twenty colleges failed to meet requirements regarding the use of assessment results in integrated
planning.
 Twenty colleges were sanctioned for deficiencies in governing board roles and responsibilities;
seven of these were colleges in multi-college districts where the key deficiencies were in district
governing board operations.
 Fourteen colleges lacked appropriate and sustainable financial management.
 Thirty colleges had miscellaneous other deficiencies, primarily related to staffing (6), library and
technology resources (4), and evaluations (4).
Page 15
In the Summer 2014 ACCJC newsletter it was reported that “the main deficiencies for sanctions are
related to Program Review, Planning, Internal Governance, Board Roles, and Financial Stability or
Management. Common sanctions new to 2014 were related to Student Learning Outcomes
Implementation and Employee Evaluation.”
None of the above areas of concern should be used as a reason for denying accreditation and effectively
closing down a college as was done in the cases of Compton and the Community College of San
Francisco.
In addition, the ACCJC policies and letters to colleges are vague as to what is actually required of a
college and what is merely a recommendation being suggested to improve the college. This vagueness
was cited as one of the ACCJC violations in the August 13, 2013 letter from the Accreditation Group of
the U.S. Department of Education. The level of vagueness on the part of ACCJC has been duplicated
around the state of California.
Most recently, the ACCJC has entered a stage of micro-managing of district-level operations through
sanctions on the colleges of multi-college districts. This includes attempting to dictate to college
governing boards how they should operate and how district chancellors should operate in relation to local
college presidents. It has even gotten to the point where Beno is calling college presidents and district
chancellors on the telephone and demanding changes be made immediately or harsh sanctions will follow.
A record of these direct conversations are not publically available in contradiction to the requirements of
34 CFR 602.15(b)(2).
Carl Friedlander (President of the Community College Council (CCC), writing in the March 2013 issue of
the CFT’s Community College Council Perspective, called for the ACCJC to “stop using the threat (or
fact) of accreditation sanctions to undermine California's system of locally elected board of trustees.
Providing training to trustees about accreditation and their role in it is a good thing. However, it is an
affront to democracy to tell trustees that they put at risk the accreditation of the colleges they were
elected to represent if they speak out on issues they care about or communicate with a wide range of
individuals, constituencies and interest groups rather than relying almost exclusively on the perspective
of their district's chancellor/ superintendent.”
“These kinds of behaviors by ACCJC leadership compound the problem of the federal pressures and make
many faculty feel that accreditation in California today has almost nothing to do with "peer and
professional review" and is instead about ACCJC spearheading an aggressive (and, many believe,
misguided) "reform" agenda. Spearheading a "reform" campaign is not the business of an accrediting
commission.”
Secrecy in ACCJC Operations
The ACCJC operation is cloaked in secrecy with all involved required to sign a pledge that they will not
reveal the inner workings of the college visiting teams or how the ACCJC itself operates in determining
what level of sanctions to impose. The minutes of their meetings are not made public. After the visiting
team issues its report, all actions of the ACCJC are done out of the public view. The votes on sanctions by
Page 16
the Commission are never disclosed. Even the meetings of the ACCJC are held in places and at times
difficult for the public to find out about or attend and comment. The time for public input is agendized
for the third day of their meetings - after the decisions on sanctions have been made. The ACCJC
limits public discussion at their three day meetings to a total of 15 minutes and only allows 20 members
of the public into their meetings. The lack of public access to ACCJC information is stunning. The
Commission has paid little attention to its own timelines for posting the agendas for their meetings or
for posting the resulting actions of the Commission, including even where their meetings will be held. In
June of 2013, important policy proposals were not made available until the time of consideration and
attendance by the public was strictly curtailed. As a result of this behavior on the part of the ACCJC, due
process rights of colleges are barely available. This is a violation of 34 CFR 602.25.
It is now becoming commonplace for the ACCJC to impose sanctions that are much harsher than those
suggested by the visiting teams. The latest such incidents occurred at the January 9-11, 2013 meeting
when the Commission placed Northern Marianas College and College of the Sequoias on SHOW CAUSE
in contradiction to what the visiting teams had suggested. One wonders what has happened to the
recognition of the work of “peers” in the accreditation process. It also puts into question either a lack of
training of visiting team members or a vagueness in the requirements for different levels of sanction.
Either of these cases would be a violation of 34 CFR Section 602.
In short, the ACCJC has become, in words taken from a report by the National Advisory Committee on
Institutional Quality and Integrity (NACIQI) on accreditation agencies, “unnecessarily intrusive,
prescriptive, and granular in ways that may not advance system goals nor match institutional priorities,
and is costly in resources such as time, funds, and opportunity.”
ACCJC and Advocates
Carl Friedlander in his Perspective column of March 2013 addressed the role of ACCJC as follows:
“ACCJC's singular focus should be ensuring that standards are met. Yet President Beno, along with other
ACCJC staff, serves on the Advisory Board for the Campaign for College Opportunity (CCO). The work
of CCO is controversial within the system. There should be a firewall between ACCJC staff and the
boards of community college advocacy organizations. It is similarly inappropriate for ACCJC to take
positions on legislation affecting the community colleges, as the Commission has recently done. Returning
to Lumina its $450,000 grant for "exploring use of the Degree Qualifications Profile and Tuning at
community colleges in California" would be another way ACCJC could clarify that the Commission is
about ensuring standards, not spearheading a reshaping of community college education.”
A group calling itself “California Competes” filed a Petition for Writ of Mandate in the Superior Court of
California, County of San Francisco in 2013 whose object was to reduce community college academic
senate participation in the development of academic and professional matters. The Writ was denied by the
judge in the case and his decision has been appealed. Among the financial backers of California Competes
is the Lumina Foundation for Education. California Competes used as evidence of the dysfunction caused
by the California Board of Governors’ 23 year regulations was that “nearly a quarter of California's
community colleges currently are under sanction by the ACCJC, and most of the 27 colleges under
sanction were cited for problems with leadership, decision-making and clarity of roles.” The intersection
Page 17
of the work of the ACCJC and California Competes to narrow the scope of community college education
and decrease faculty influence is notable.
Methods Used in Gone Wild
This document has been prepared by reading the non-secret portions of visiting team reports, publications
of the ACCJC, sanction letters to colleges, and confidential discussions with persons on the college
campuses and on visiting teams with direct knowledge concerning the behaviors of the ACCJC and its
President Barbara Beno. It also includes exchanges of correspondence between President Beno on behalf
of the ACCJC and interested parties such as the California Community College Chancellor, California
Federation of Teachers, and the Community College Association of the California Teachers Association.
The study by the RP Group and the California Legislative Audit of ACCJC were also important to the
discovery of abuse.
In going through the Visiting Team Reports and the Commission letters to the colleges it becomes clear
that the judgments are not made on a consistent basis. This is a violation of 34 CFR 602.18. The
inconsistency is a result of vaguely stated requirements for the different levels of sanctions, the often
inadequate training of Visiting Team members, the lack of adequate faculty membership on Visiting
Teams, and bias on the part of the Commission itself. These issues are pointed out in the sections that
follow.
This document is intended to expose how the ACCJC actually operates.
It is sad that the ACCJC has added to college woes. The colleges have enough to worry about
without also being required to exist under the yoke of the ACCJC and its micro-managing
sanctions. Beno claims that the accreditation by the ACCJC is voluntary. This is not currently true
for California’s community colleges but the ACCJC monopoly may end with action by the
California Community College Board of Governors in January of 2015. The colleges are by current
California regulation required to join the ACCJC. The fact that membership is not voluntary is a
violation of federal requirements.
Something must be done concerning the ACCJC and its abusive posturing - and sooner rather than
later.
Marty Hittelman
Retired Community College Faculty member
Page 18
Chapter 1: Higher Education Accreditation
Page 19
The goal of accreditation, according to the United States Department of Education, “is to ensure that
education provided by institutions of higher education meets acceptable levels of quality.” This is in
stark contrast with the emphasis of the ACCJC. For example, in the law suit against the ACCJC filed by
the City of San Francisco on page 11 of the ACCJC's objections to Plaintiff's evidence in opposition to
ACCJC's motion for summary adjudication concerns ACCJC response to the reference to the Student
Success Scorecard was: "This information is submitted to support the position that the college provides a
quality education, which is not relevant to whether the college met the accreditation standards or
eligibility requirements at the time the Commission made its decisions in 2012, 2013. This position really
attacks the standards by which the college was measured."
Accrediting agencies in the United States are private educational associations of regional or national
scope. “The U.S. Department of Education does not accredit educational institutions and/or programs.
However, the Secretary of Education is required by law to publish a list of nationally recognized
accrediting agencies that the Secretary of Education determines to be reliable authorities as to the quality
of education or training provided by the institutions of higher education programs they accredit.”
Applications for recognition as an accreditation agency requires that an application with the U.S.
Department of Education, a review by the National Advisory Committee on Institutional Quality and
Integrity, and a final decision made by the Secretary of Education. The Accrediting Agency Evaluation
Unit located within the Office of Postsecondary Education within the Department of Education deals with
reviews of accreditation agencies and acts as a liaison with these agencies. It provides support to the
National Advisory Committee on Institutional Quality and Integrity.
ACCJC and WASC
The Accrediting Commission for Community and Junior Colleges (ACCJC) is the accreditation
agency for the community colleges of California. It currently works under the Western Association of
Schools and Colleges (WASC). Each of the three Commissions of WASC is reviewed periodically for
renewal of recognition by the US Department of Education (USDOE). WASC itself is currently required
to come into compliance with national standards within 12 months of their 2012 request for continued
recognition.
The ACCJC’s status as a federally approved accrediting agency was renewed by the Secretary of
Education in December of 2007 for a five year term. Their next review came up in the Fall of 2013. The
decision of the Department of Education is expected in early 2014.
As I point out in this report, the ACCJC should not be authorized to continue as they are now
functioning. The Department of Education has taken a first step in that direction by issuing a letter
in August of 2013 requiring the ACCJC to make changes in the way that they operate or be
removed from the list of accreditation agencies.
Violations of the Code of Federal Regulations
Page 20
This paper describes the many abuses of the ACCJC including their violations of the Code of Federal
Regulations (34 CFR)). In particular, the ACCJC has been in violation of 34 CFR 602 by not having
adequate staff , resources, and time to realistically consider the number of institutions that they review at
each meeting; the lack of adequate training of visiting team members; the lack of controlling conflicts of
interest or the appearance of conflicts of interest; the lack of maintenance of complete and accurate
records including the destruction of important documents; the lack of an effective method of consideration
by the Commission members; attempting to change the missions of the colleges; the lack of consistency
in enforcing standards and determining levels of sanction; the lack of clear standards as illustrated by the
variance in sanctions recommended by visiting teams and the eventual sanction levied by the
Commission; the lack of clarity to colleges as to the reasons for a sanction being given and what
improvements are required; failure to involve all of the college’s relevant constituencies (including the
collective bargaining agents) in the campus interviews; failure to take into account comments and
complaints before making sanction decisions; failure to respond in a timely and complete manner to third
party comments and complaints against the ACCJC; a lack of unbiased judgments regarding complaints
against the ACCJC; a lack of due process in their proceedings; a failure to provide reasonable time for
colleges to make necessary adjustments; a failure to properly balance the number of faculty and
administrators on visiting teams; and timely filing of its decisions. Each of these violations of federal
requirements is documented in this paper and are reasons to deny the continued use of ACCJC as an
accreditation agency.
WASC
The WASC Corporate Board oversees the work of three Commissions. It is comprised of nine members,
three from each Commission, including the chairs from each. The WASC Board meets annually to certify
the accrediting actions of the three Commissions, receive audits, and take action on business as
necessary. According to a July 25, 2013 letter from the ACCJC to me regarding my complaint: “Prior to
July 1, 2013, the Western Association of Schools and Colleges was a corporate body that included three
independent accrediting agencies: the ACSCU, the ACCJC, and the ACS, each involved with different
types of educational institutions within the Western Region. It was determined during a review
commissioned by the WASC board, that it would be more appropriate for each of the accrediting agencies
to separately incorporate and to locate the organizational descriptions within each organization's bylaws.
This was needed to legally clarify the intended WASC entity role as one of affiliation for the three
accreditors. Each of the three accreditors has undertaken the recommended changes.” I am still not sure
why a legal clarification was necessary.
As examples of changes proposed at its a January 2013 were a first reading of policy change proposals
regarding Representation of Accredited Status, Commission Actions on Institutions, Review of
Commission Actions, Public Disclosure and Confidentiality in the Accreditation Process, and
Commission Good Practice in Relations with Member Institutions were considered. The reasons for these
changes included the need to “delete dated references to Commission interactions with the Western
Association of Schools and Colleges (WASC)” or “the changes more accurately reflect pertinent
interactions, if any, with the Western Association of Schools and Colleges (WASC)”
Page 21
The Commission also considered for second reading and then adopted the institutional policies on the
review of accreditation standards and on their student and public complaints against institutions. “The
revised Policy on Relations with Governmental Agencies provides a description of the consultation
undertaken when conflicts between state and local laws and Accreditation Standards are identified.”
The reason given for these changes involved the claim that “The Western Association of Schools
and Colleges (WASC) Bylaws are being amended to align language with current expectations for
nonprofit organizations in California. Each of the three independent accrediting agencies within
WASC is separately formalizing its incorporated status and amending Bylaws as necessary. ACCJC
Bylaws revisions will take full effect upon final passage of the WASC Bylaws. ACCJC Member
institutions will be notified when the adoption of WASC Bylaws is completed.” These changes now
seem to be in effect.
Quality Assurance, Continuous Improvement, or Compliance
The accreditation process is supposed to provide assurance to the public that the accredited member
colleges meet their standards and that “the education earned at the institutions is of value to the student
who earned it; and employers, trade or profession-related licensing agencies, and other colleges and
universities can accept a student’s credential as legitimate.” Contrary to this claim, the emphasis of
ACCJC has not been on the value of the education to the student or to the colleges and universities that
would accept the credits earned. It has been on the management and administration aspects of the
college.
To many it seems wrong that a private organization can sanction, and even close, a college for
reasons other than for the welfare of the students served. In fact, the issue of the proper role of
accreditation agencies is currently under discussion in Washington. In April of 2012, the National
Advisory Committee on Institutional Quality and Integrity (NACIQI) released a report making
accreditation policy recommendations for the Higher Education Act Reauthorization. The discussion
noted that accreditation is meant to assist “individuals in making informed post-secondary educational
choices, in consumer protection, and in the continuing improvement of education and the institutions that
provide it.” “However, there are both commonalities and divergences among notions of ‘quality
assurance,’ ‘continuous improvement,’ and ‘compliance’.” “And there is tension among notions of
gate-keeping for student aid eligibility, mechanisms of public accountability, and notions of accreditation
as a broader quality improvement and assurance process.”
The NACIQI came down on the side of continuing the current system of accreditation using
independent private agencies like the ACCJC. The basic argument was: “With accreditation being a
system of self-regulation, the involvement of member institutions in the process of establishing the
standards and then applying them in volunteer peer review, accreditors also promote understanding of the
expectations and buy-in for the standards and policies.” This is not the way it works in ACCJC
accreditations. Member institutions are reluctant to enter the debate for fear of losing accreditation
and there is little actual buy-in for the standards and policies of the ACCJC.
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The ACCJC sees their requirements as, in the words of the NACIQI, “essential to allow accreditors to
evaluate institutional or program quality.” More often, again in the words of the NACIQI, the ACCJC
oversight is “unnecessarily intrusive, prescriptive, and granular in ways that may not advance
system goals nor match institutional priorities, and is costly in resources such as time, funds, and
opportunity.”
Application Process for Accreditation Agencies to Receive Reaccreditation
The Accrediting Agency Evaluation Unit
The Accrediting Agency Evaluation Unit has been established within the Department of Education to
deal with accreditation matters. Located in the Office of Postsecondary Education, the Unit carries out the
following major functions with respect to accreditation:
1.
Conduct a continuous review of standards, policies, procedures, and issues in the area of the
Department of Education's interests and responsibilities relative to accreditation;
2.
Administer the process whereby accrediting agencies and State approval agencies secure initial
and renewed recognition by the Secretary of Education;
3.
Serving as the Department's liaison with accrediting agencies and State approval agencies;
4.
Providing consultative services to institutions, associations, state agencies, other federal agencies,
and Congress regarding accreditation;
5.
Interpreting and disseminating policy relative to accreditation issues in the case of all appropriate
programs administered by the Department of Education;
6.
Conducting and stimulating appropriate research; and
7.
Providing support for the Secretary's National Advisory Committee on Institutional Quality and
Integrity.
An agency's application for renewal of recognition consists of a narrative statement, organized on a
criterion-by-criterion basis, showing how the agency complies with the Criteria for Recognition. For
many recognition requirements, the narrative statement need only consist of a brief narrative
demonstrating how that agency complies with a particular requirement. This statement must, however, be
accompanied by clearly referenced supporting documentation demonstrating that the agency meets the
requirement. For example, §602.15(a)(6) of the regulations requires an agency to have clear and effective
controls against conflicts of interest or the appearance of conflicts of interest by the agency's board
members, commissioners, evaluation team members, consultants, administrative staff, and other agency
representatives. The agency's narrative statement addressing this issue might simply be a statement that
the agency's policies against conflicts of interest may be found in a particular policy document. The
agency would have to submit a copy of that document and identify the pages on which the relevant
policies were located. The agency might also choose to include a copy of the minutes of a meeting at
which an agency representative abstained from voting because of a conflict of interest to demonstrate
that it adheres to its written policies.
Page 23
If an agency's application for recognition does not make specific reference to the following documents
and does not include them as supporting documentation for one or more of the recognition requirements,
the agency must include them as additional supporting documentation:
8.
Accreditation standards and procedures
9.
Policies and procedures
10.
Most recent externally audited financial statement
11.
Published lists of accredited schools or programs
12.
Self-study guidelines
13.
Guidance and training materials for visiting team members
14.
Sample completed self-study reports
15.
Sample site visit reports
16.
Sample institution responses to site visit reports
17.
Sample minutes of decision meetings
18.
A list of all complaints received by the agency against an accredited program during the sixmonth period immediately preceding the agency's submission of its application for recognition, together
with a summary of the issues involved in each complaint, the agency's disposition of that complaint, and
the current status of the complaint, if it is not resolved by the time the agency submits its application
19.
The agency's constitution and by-laws.
Application for Continued Recognition
Agencies that have been granted recognition by the Secretary are officially notified of the expiration date
of their recognition period in a letter each time recognition is granted or renewed. They should plan to
submit their application for renewal of recognition approximately six months in advance of the spring
or fall meeting of the NACIQI that precedes that expiration date. The Accrediting Agency Evaluation
Unit usually notifies agencies a year in advance of the NACIQI meeting at which their renewal
application is to be considered and informs them of the date by which their application is due. The notice
also requests a schedule of each agency's site visits and decision meetings for the upcoming year in order
to plan staff observation of at least some of those activities, as required by §602.32(b)(1) of the
regulations.
Staff Analysis of an Accrediting Agency's Application
The application review process conducted by the Department includes analysis of the application and
observation of some of the agency's site visit and decision-making activities by Accrediting Agency
Evaluation Unit staff. Staff members may also visit agency administrative offices to conduct interviews
of agency staff and to review the agency's facilities, records and administrative operations. They may
also conduct interviews or surveys of other persons, organizations, or institutions concerning the
applicant agency's approval process in order to obtain further information relating to the agency's
compliance with the Criteria and Procedures for Recognition. Department staff then prepares a
written analysis of the agency's application for recognition, which includes a recommendation on
recognition.
Page 24
Hearing Before the Advisory Committee
When staff completes its evaluation of an agency's application for recognition, the agency's application is
placed on the meeting agenda of the National Advisory Committee on Institutional Quality and
Integrity; (NACIQI). In preparation for the meeting, the committee is provided with the accrediting
agency's application and supporting documentation; the final staff analysis of the application; the staff's
recommendation on recognition; all information relied upon by staff in developing the analysis; at the
agency's request, any response by the agency to the draft staff analysis; and any written third-party
comments the Department received about the agency and agency response.
The NACIQI meets at least twice a year to review applications for recognition submitted by accrediting
agencies. The usual times for the Committee meetings are spring (May-June) and fall (NovemberDecember). Although each member of the Committee receives every staff analysis of an application for
recognition and all the other materials mentioned in the preceding paragraph, the Executive Director of
the NACIQI usually assigns two or more individuals to serve as principal readers for each
application.
An agency that applies for recognition is invited to make an oral presentation before the Committee. The
Committee also hears oral presentations from third parties who request to be heard. Department
staff are available throughout NACIQI meetings to respond to questions.
The NACIQI conducts its business in public, and a transcript of the proceedings is made. After each
meeting, the Committee's and Department staff's recommendations concerning recognition are forwarded
to the Senior Department Official, who makes the final determination regarding recognition. Any
agency that disagrees with the decision of the Senior Department Official may appeal to the Secretary.
Agencies may be granted initial recognition or renewal of recognition for a period of up to five years.
The hearing on the accreditation of ACCJC by the NACIQI will be held on December 12-13, 2013. The
final staff report from the Department of Education will be available no later than 7 days prior to
December 12, 2013. It will be posted in the public document section of https://opeweb.ed.gov/aslweb/.
I have included the list of current members of the NACIQI that will judge ACCJC. You can make up your
own mind as to whether this group will give ACCJC an objective or biased evaluation.
“National Advisory Committee on Institutional Quality and Integrity (NACIQI)
List of Members (includes Nomination Source)
Arthur J. Rothkopf, J.D. Vice-Chair (House Republicans)
Arthur J. Rothkopf is the President Emeritus of Lafayette College. Previously, he served as the senior
vice-president and counselor to the president of the U.S. Chamber of Commerce and the deputy secretary
of the U.S. Department of Transportation. He earned his B.A. from Lafayette College and his law degree
from Harvard Law School..
Page 25
William Armstrong (Senate Republicans)
William Armstrong is the president of Colorado Christian University. Previously, he served as a United
States Representative (1973-1979) and Senator (1979-1991) from Colorado. While serving in the United
States Senate, he was the chairman of the Republican Policy Committee Mr. Armstrong attended Tulane
University and the University of Minnesota and served in the United States National Guard from 1957 to
1963.
Jill Derby, Ph.D. (Senate Democrats)
Jill Derby is a cultural anthropologist by background and training. Dr. Derby served as an adjunct
faculty member in two Nevada colleges. She also served 18 years on the Nevada Board of Regents - the
governing board of the Nevada System of Higher Education - filling three terms as board chair. She
currently is a governance consultant for the Association of Governing Boards of Universities and
Colleges for over 10 years focusing on board self-evaluation, basic board responsibilities and best
practices, and presidential assessment and transition.
George T. French, Jr., Ph.D. (House Democrats)
George T. French, Jr. is the President of Miles College in Fairfield, AL. He formerly served as the
Director of Development at Miles College and is a Christian Methodist Episcopal minister. Dr. French
is a graduate of the University of Louisville with a law degree from Miles College..
Arthur E. Keiser, J.D. (House Republicans)
Arthur E. Keiser is the Chancellor of the Keiser Collegiate System which includes Keiser University,
Keiser Career College, and Southeastern Institute. Dr. Keiser was appointed by the Governor of Florida
to the State Board of Independent Colleges and Universities and the State Board of Independent
Postsecondary, Vocational, Technical, Trade and Business Schools. He earned his doctorate degree in
Higher Education Administration at the Union Institute and University in Cincinnati Ohio.
William 'Brit' E. Kirwan, Ph.D. (House Democrats)
William ‘Brit’ E. Kirwan has been the Chancellor of the University System of Maryland since 2002.
Previously, he was the President of Ohio State University for four years, President of University of
Maryland, College Park for 10 years, and a faculty member at the University of Maryland for 24 years.
He received his bachelor’s degree in mathematics from the University of Kentucky and his master’s and
doctorate degrees in mathematics from Rutgers, The State University of New Jersey.
Anne D. Neal, J.D. (Senate Republicans)
Anne D. Neal is the co-founder of the American Council of Trustees and Alumni and has been the
President since 2003. Ms. Neal is currently a director of the Mount Vernon Ladies’ Association, the U.S.
Capitol Historical Society, and Casey Trees. Ms. Neal earned an A.B. in American history and literature
from Harvard College and a J.D. from Harvard Law School.
Richard F. O’Donnell (Senate Republicans)
Richard F. O’Donnell is the Founder & CEO of College Portfolio and is currently the Chief Revenue
Officer for The Fullbridge Program. From 1998 to 2006, he served in the Colorado Governor’s Cabinet
as Executive Director of the Department of Regulatory Agencies and as Executive Director of the
Page 26
Department of Higher Education. Mr. O’Donnell is a graduate of Colorado College with a B.A. in
History/Political Science.
William Pepicello, Ph.D. (House Republicans)
William Pepicello is the Provost and President of the University of Phoenix. He earned his bachelor’s
degree in Classics from Gannon University, and his master’s and doctorate degrees in Linguistics from
Brown University. In 2002 Bill was the founding dean of the School of Advanced Studies, which houses
the University of Phoenix’s doctoral program.
Susan D. Phillips, Ph.D. (Education Department)
Susan D. Phillips is the Provost and Vice-President of Academic Affairs at the State University of New
York at Albany. Her past positions are the Director of Doctoral Training for Counseling Psychology,
Chair of the Department of Educational and Counseling Psychology, and Dean of the School of
Education. She holds degrees from Stanford University (BA, Human Biology), Teachers College (MA,
Psychology), and Columbia University (MPhil and PhD, Counseling Psychology).
Cameron C Staples, J.D. (Senate Democrats)
Cameron C. Staples is the President and Chief Executive Officer of the New England Association of
Schools & Colleges, Inc. He is a former Representative of the 96th District of Hamden and New Haven.
He earned his Bachelor’s degree from Wesleyan University, his Master’s degree in Government
Administration from the University of Pennsylvania, and a J.D. from The University of Connecticut
School of Law.
Larry N. Vanderhoef, Ph.D. (Senate Democrats)
Larry N. Vanderhoef is a Chancellor Emeritus of the University of California, Davis. During his
leadership, he significantly increased the extramural awards and private gifts to the campus, expanded
clinical and office space by six million square feet, transformed the county hospital to a sound regional
medical center, and increased student enrollment into the university. His education consists of B.S. and
M.S. degrees in biology from the University of Wisconsin-Milwaukee, and a Ph.D. in plant biochemistry
from Purdue University.
Carolyn Williams, Ph.D. (House Democrats)
Dr. Carolyn Williams, President Emeritus, retired as the fourth President of the Bronx Community
College of the City University of New York in June 2010 and formerly served as the President of Los
Angeles Southwest College. She has designed programs that encourage community college students to
continue their postsecondary education. She earned her Bachelor’s in Sociology, her Master’s in Urban
Planning, and her Ph.D. in Higher Education from Wayne State University, Detroit Michigan.
Frank H. Wu, J.D. (Education Department)
Frank H. Wu is Chancellor and Dean of University of California Hastings College of Law. He was a
member of the faculty at Howard University, the nation’s leading historically black college/university, for
a decade. He currently is a Trustee of Deep Springs College, and he was previously a Trustee of
Gallaudet University, the only university in the world dedicated to deaf and hard of hearing persons. Dr.
Wu received his Bachelor’s from Johns Hopkins University and his J. D. from the University of Michigan.
Page 27
Federico Zaragoza, Ph.D. (Education Department)
Dr. Frederica Zaragoza has been the Vice-Chancellor of Economic and Workforce Development at
Alamo Colleges since 2004. He helped establish the Alamo University Center which allows Alamo
College graduates to earn Bachelors and Masters Degrees from five regional universities. Dr. Zaragoza
has a Bachelor’s Degree in Sociology, a Master’s Degree in Vocational Education, an Education
Specialist degree in Industrial and Technical Education, and a Ph.D. in Urban Education and
Administrative Leadership from the University of Wisconsin, Milwaukee.”
“Membership Overview
The NACIQI is composed of 18 members with six-year membership terms (except for the terms of the
Committee’s initial members).
Qualifications
Per the HEOA, individuals are appointed as NACIQI members –
On the basis of the individuals’ experience, integrity, impartiality, and good judgment;
From among individuals who are representatives of, or knowledgeable concerning, education and
training beyond secondary education, representing all sectors and types of institutions of higher
education (as defined in section 201 of the HEA), as well as a student representative; and
On the basis of the individuals’ technical qualifications, professional standing, and demonstrated
knowledge in the fields of accreditation and administration in higher education.
Membership Composition
Members are appointed equally by the Secretary, House of Representatives, and the Senate as follows:
Secretary - six appointees with three-year initial terms, including the student member;
House of Representatives – six appointees by the Speaker of the House with four-year initial terms;
three of whom shall be recommended by the majority leader of the House and three of whom shall be
recommended by the minority leader of the House; and
Senate – six appointees by the President pro tempore with six-year initial terms; three of whom shall be
recommended by the majority leader of the Senate and three of whom shall be recommended by the
minority leader of the Senate.
A vacancy on the Committee is filled in the same manner as the original appointment was made not later
than 90 days after the date the vacancy occurs. The HEOA requires the Secretary to publish a Federal
Register notice to solicit nominations for any of his/her vacancies. Also, the members of the Committee
now select the Committee Chairperson (and Vice-Chair). The Committee decided at the Spring 2011 that
the Chair and Vice-Chair would serve a three year-term.”
Chapter 2: The ACCJC in Action
Page 28
New Appeal Process Controlled by the ACCJC
A new appeal process was unveiled at the January 10-11, 2013 meeting. Since there was no advance
notice on the ACCJC website until just days before the meeting, it was impossible for members of the
public and others to testify against the changes. The same pattern of no advance notice of the content of
proposed changes was repeated at the June 7-9 meeting and again at January 2014 and June 2014 meeting.
The process for appeal is basically one that is completely controlled by the ACCJC itself and its staff.
Only an institution can appeal and only an “adverse action” (the removal of accreditation) decision. If the
staff and the ACCJC agree, a review team is appointed. “If the Commission Chairperson concurs with
the judgment of Commission staff that the statement of reasons is deficient, a notice of return and the
statement of reasons will be returned to the institution and no review committee will be appointed.” And
that is it. If the staff and ACCJC agree, then an actual hearing of the case is scheduled. Despite what the
review committee determines, the ACCJC makes the decision on the review.
Previously if the Commission acts to reaffirm the adverse action, the institution could appeal the decision
to the Western Association of Schools. The appeal of the action on the review (which can be found in
Article IX of the ACCJC Bylaw) now goes to a five to seven member hearing panel appointed by the
Executive Committee of the ACCJC (which is comprised of the Chair, the Vice Chair, and the Chair of
the Budget and Personnel Committee).
The grounds for appeal of a decision to terminate accreditation are limited to errors or omissions relative
to procedures by the evaluation team and/or the Commission, demonstrable bias or prejudice on the part
of one or more members of the evaluation team or Commission, evidence before the Commission was
materially in error, or the action by the Commission was not supported by substantial evidence. The
hearing panel has the power to affirm, amend, reverse, or remand the action being appealed.
Later in this document one can find the ACCJC Manual for the appeal process – a document the ACCJC
refused to give me but I was later able to get the document from another source.
It should be noted that there is no federal mandate that only the “adverse action” of removal of
accreditation can be brought to appeal. The New England Accreditation Agency, for example, allows for
probation to be appealed.
The proposed changes to a number of proposed policies including the deletion of the role of WASC can
be found on the ACCJC website as part of the report of actions taken at the January 2013 meeting.
One basic problem with the ACCJC processes is that colleges and their constituents have no ability to
address proposed sanctions before they are voted on by the Commissioners (or after if the sanction is less
than disaccreditation). The sanction recommendations of the visiting team are kept secret. As a result
college CEOs who might wish to speak at the ACCJC meeting with regard to a particular college have no
idea what might be recommended. Faculty and students have no chance to address the findings of the
Visiting Team which is used to inform the Commission decision. In addition, public comment time comes
after the decision on the level of sanction is already made. The Commissioners themselves have little
time to review the college reports, the reports of the visiting teams, and the sanction recommended
Page 29
by the visiting team before they are required to vote. Based on the number of pages in college reports
and visiting team reports, and the number of colleges being reviewed at any one meeting, it is a good
estimate that something over 10,000 pages must be discussed over a day or two. In addition the
Commission must read over and approve a dozen or more policy changes. This hardly adds up to any
version of either a fair due process or a responsible hearing on the issues.
College Ability to Plan, Prepare Reports, Review
The Mt. San Antonio College accreditation of January 13, 2011 is just one of many examples of a
college receiving accreditation from the ACCJC based on its ability to plan (educationally and fiscally),
prepare reports and do reviews. In a letter to then President/CEO of Mt. San Antonio College John Nixon
(now a member of the ACCJC staff), Barbara Beno, President of the ACCJC, wrote “The College is
commended for the high quality of educational programs guaranteed through the various academic
approval and control committees and processes; and the successful linking of program review,
planning, and budgeting inclusive of student services and instruction through the College's
Planning for Institutional Effectiveness process. In addition, the college is commended for its overall
financial stability achieved through sound fiscal management in difficult times; the use of data to
demonstrate success with retention and success of at risk students; and its innovative programs that
provide orientation to college success and provide students with the requisite library and learning support
to enable them to be successful.” But even though accredited, Mt. SAC still was told in Beno’s letter that
“The Commission expects that institutions meet standards that require the identification and assessment of
student learning outcomes, and the use of assessment data to plan and implement improvements to
educational quality, by fall 2012.” It is not clear how a college can get a full accreditation while failing to
meet some standards. In fact, it is misleading to tell a college that it is fully accredited and then demand
that it make changes. According to 34 CFR 602.20(a) “If the agency’s review of an institution or program
under any standard indicates that the institution or program is not in compliance with the standard, the
agency must immediately initiate adverse action against the institution or program; or “ bring itself into
compliance within two years. It appears that in this case the college was only given one year to comply.
The ACCJC has, as in the case of CCSF, given full accreditation and then later held the college
accountable for suggested, but not required, changes.
The ACCJC sanctions are based on the ACCJC’s interpretation of their Standards. Based on the actions of
the ACCJC, there is no clear path from one level of sanction to another. It is not clear how the ACCJC
decides what level of sanctions is required. In addition, the actual sanctions have had little to do with
the quality of instruction received by students who attend. Instead of concentrating on the value of the
college to students and the value of the credits earned, the ACCJC has taken a path that requires colleges
to expend an incredible quantity of time and resources to satisfy the ACCJC that they are performing the
excessive documenting, planning, and reviews of policy required by the Commission.
Some colleges under attack have been virtually forced to hire a temporary “Special Trustee” to “provide
advise and counsel, and make recommendations on all matters relating to the operation of the district” in
order to convince the ACCJC that they are serious about the threat of disaccreditation. The agreement
with the Special Trustee most often contains language that the recommendations made by the Special
Trustee will normally be accepted by the District and approved by the Governing Board. So much for the
Page 30
shared governance processes required by state legislation and State Board of Governors regulations.
The colleges in California are already underfunded and the ACCJC is helping to drain these limited
resources. In addition, the ACCJC is attempting to micro-manage the fiscal and governance processes of
the colleges it accredits through fear and intimidation. Instead of helping the community colleges in
California to be successful in offering quality instruction, the ACCJC’s current micro-managing mode has
made hard times in the community colleges even harder.
The ACCJC has become a rogue accrediting body. The sanctions by the ACCJC over the years have
easily exceeded the total sanctions by all other accreditation bodies combined. The reasons for the
sanctions have little if anything to do with assuring colleges and universities that their degrees and units
represent quality. Over the last year they have continued their pattern of micro-managing district
operations without regard to the quality of education received by students. The have established an
adversarial relationship between the ACCJC and the colleges they are to accredited.
Sanctions Criteria
The criteria for the level of sanctions imposed by the ACCJC include the following:
“Issue Warning: Sanction when ACCJC finds that an institution has pursued a course deviating from the
Commission’s Eligibility Requirements, Accreditation Standards, or Commission policies.”
How much “deviation” is allowed is not spelled out. Some deviation is obviously allowed given the
number of colleges that receive no sanction but still are told to clean up some of their act in order to be in
compliance with standards. This is clearly evident by going through the college sanctions listed later in
this paper.
“Impose Probation: Sanction when ACCJC finds that an institution deviates significantly from the
Commission’s Eligibility Requirements, Accreditation Standards, or Commission policies or fails to
respond to conditions imposed upon it by the Commission, including a warning.”
“Order Show Cause: Sanction when the ACCJC finds an institution to be in substantial noncompliance with its Eligibility Requirements, Accreditation Standards, or Commission policies, or when
the institution has not responded to the conditions imposed by the Commission. “
“Terminate Accreditation: If, in the judgment of the Commission, an institution has not satisfactorily
explained or corrected matters of which it has been given notice, or has taken an action that has placed it
significantly out of compliance with the Eligibility Requirements, Accreditation Standards, and
Commission policies, its accreditation may be terminated. “
The requirement to “satisfactorily explain” is particularly hard to swallow as a reason to shut down
a college.
Page 31
What is the measure of when a college has “deviated,” deviated “Significantly” or is in “substantial
non-compliance”? Without more definition, how can ACCJC decisions be anything but arbitrary? Any
arbitrary decisions or decisions that are not consistent with other decisions is a violation of 34 CFR
602.18.
The ACCJC definitions of sanctions differ from those of other accrediting agencies. For example, at the
Middle States Commission on Higher Education, “The Commission acts to Warn an institution that its
accreditation may be in jeopardy when the institution is not in compliance with one or more Commission
standards and a follow-up report, called a monitoring report, is required to demonstrate that the institution
has made appropriate improvements to bring itself into compliance. Warning indicates that the
Commission believes that, although the institution is out of compliance, the institution has the capacity to
make appropriate improvements within a reasonable period of time and the institution has the capacity to
sustain itself in the long term.” The ACCJC does not consider the ability of the college to continue to
operate while making corrections.
Middle States “places an institution on Probation when, in the Commission’s judgment, the institution is
not in compliance with one or more Commission standards and that the non- compliance is sufficiently
serious, extensive, or acute that it raises concern about one or more of the following:
1. the adequacy of the education provided by the institution;
2. the institution’s capacity to make appropriate improvements in a timely fashion; or
3. the institution’s capacity to sustain itself in the long term.”
Page 32
Chapter 3: ACCJC’s Extreme Number of Sanctions
2003-2008
From 2003 to 2008 the six regional bodies had the following sanction actions and the number of
accreditations that they performed for community colleges:
Number
Middle States
95
New England
64
North Central
243
Northwest
56
Southern
298
Western (ACCJC) 174
Warnings
6
0
0
0
6
75
Probation
0
0
1
0
1
20
Show Cause
0
0
0
0
0
12
Termination
0
0
0
0
0
5
Total
6
0
1
0
7
112
2011-2012
From June 2011 to June 2012, the ACCJC continued to be an agency gone wild.
Middle States
New England
North Central
Northwest
Western
(ACCJC)
Warnings
Probation
10
0
0
5
0
0
0
2
Show
Cause
0
0
0
0
24
20
3
Termination
Total
0
0
0
0
10
0
0
7
1
48
U.S. Department of Education Pressure
Carl Friedlander in his 2013 column in the March 2013 issue of the Perspective noted that “ACCJC
argues that its ever-stricter and more directive standards and policies are the unavoidable result of
pressures and mandates from the U.S. Department of Education: pressures and mandates that escalated
dramatically under Bush/Spellings and have barely abated under Obama/Duncan. Washington D.C. is,
indeed, part of the problem. As Judith Eaton, the respected President of the Council for Higher
Education Accreditation (CHEA) describes it, ‘Federal law and rules now constrain the peer and
professional review process of accreditation, taking us down a path of accreditation as compliance
intervention—in stark contrast to its traditional collegial role.’”
“Why is accreditation turmoil concentrated in the California community colleges? I believe it's
because the ACCJC leadership, more than the leadership of any other regional commission, has
Page 33
inappropriately embraced a particular "education reform" agenda. This Commission's zealotry is
roiling the system and poisoning faculty attitudes about accreditation itself.”
ACCJC Sanctions
Sanctions at January 2012 meeting
Twenty eight colleges were on sanction as of January 2012. In February 2012, the ACCJC summarized
the types of “deficiencies” that “caused” the Commission to impose a sanction of Warning, Probation
or Show Cause.
The vast majority of reasons dealt with the adequacy of procedures, reviews of programs, services,
and operations as well as whether the college adequately used assessment tools such as student
learning outcomes in the evaluation of faculty. Sanctions were rarely, if ever, based on the actual
quality and adequacy of instruction received by students. The focus of the Commission has been,
instead, on the gathering of data.
Reasons, according to the ACCJC, given for the sanctions as of January 2012 were:
 Six colleges did not have adequate procedures and did not appropriately implement program
review of instructional programs and services.
 Twenty colleges failed to meet requirements regarding the use of assessment results in
integrated planning.
 Twenty colleges were sanctioned for deficiencies in governing board roles and
responsibilities; seven of these were colleges in multi-college districts where the key
deficiencies were in district governing board operations.
 Fourteen colleges lacked appropriate and sustainable financial management.
 Thirty colleges had miscellaneous other deficiencies, primarily related to staffing (6), library
and technology resources (4), and evaluations (4).
 Nineteen colleges were considered to have three or more areas of deficiency. Fifteen of the
colleges on sanction were instructed to work on the same “issues” as they were directed to in
their last Comprehensive Report and subsequent Follow-Up Reports.
Reasons why Colleges were on Sanctions as of January 2012 (28). Each has one or more “Areas of
Deficiencies”
Program Review
Planning using Assessment Results
Board Roles and Responsibilities
Internal Governance Issues
Financial Management or Stability
Miscellaneous Other Categories
6
20
20
5
4
30
Included under the Miscellaneous Other Conditions were: 6 for Staffing, 4 for Library and Technology
Resources, 4 for Evaluations, and 16 others.
Page 34
June 8-10, 2011 Sanctions
At its meeting of June 8-10, 2011, the ACCJC took the following institutional actions:
REAFFIRMED ACCREDITATION
College of the Desert
West Hills College Coalinga
West Hills College Lemoore
Glendale Community College
Los Angeles Trade-Technical College
Palomar College
Southwestern College
PLACED ON WARNING
Cypress College
Fullerton College
Merced College
San Joaquin Delta College
College of the Siskiyous
Berkeley City College
College of Alameda
Laney College
Merritt College
PLACED ON PROBATION
Victor Valley College
MiraCosta College
January 10-12, 2012 Sanctions
REAFFIRMED ACCREDITATION
De Anza College
Foothill College
Irvine Valley College
Lake Tahoe Community College
Mt. San Jacinto College
Saddleback College
Taft College
PLACED ON WARNING
College of Marin
Columbia College
Fresno City College
Page 35
Reedley College
Solano Community College
Evergreen Valley College
San Diego Miramar College
PLACED ON PROBATION
Modesto Junior College
Moorpark College
Oxnard College
Palo Verde College
Shasta College
Ventura College
San Jose City College
PLACED ON SHOW CAUSE
College of the Redwoods
Cuesta College
June 6-8, 2012 Sanctions
REAFFIRMED ACCREDITATION
Feather River College
College of the Siskiyous
Cypress College
Fullerton College
San Joaquin Delta College
MiraCosta College
PLACED ON WARNING
Barstow College
Berkeley City College
Laney College
Merritt College
Merced College
PLACED ON PROBATION
Los Angeles Harbor College
Los Angeles Southwest College
Victor Valley College
Moorpark College
Oxnard College
Palo Verde College
Ventura College
Page 36
PLACED ON SHOW CAUSE
City College of San Francisco
January 9-11, 2013 Sanctions
REAFFIRMED ACCREDITATION
Bakersfield College
Cerro Coso Community College
Porterville College
Evergreen Valley College
Fresno City College
Reedley College
San Diego Miramar College
College of Marin
Moorpark College
Palo Verde College
Oxnard College
San Jose City College
Shasta College
PLACED ON WARNING
Woodland Community College
El Camino College
Columbia College
Solano Community College
Cuesta College (off of SHOW CAUSE)
PLACED ON PROBATION
Yuba College
Modesto Junior College
Victor Valley College
College of the Redwoods (off of SHOW CAUSE)
PLACED ON SHOW CAUSE
College of Sequoias
2011-14 Actions on California Community Colleges
ACCJC ACTIONS from 2011 2014
California Community
Colleges
Actions
Actions
Actions
Page 37
Actions
Actions
Actions
Actions
June
2011
Jan.
2012
June
2012
Bakersfield College
Barstow College
Berkeley City College
Cabrillo College
Canada College
W
T
W
RA
SC
College of the Siskiyous
W
W
RA
P
W
SC
RA
RA
RA
RA
SC
W
RA
Columbia College
Copper Mountain College
W
W
RA
RA
Cuesta College
Cuyamaca College
SC
W
RA
RA
W
RA
RA
RA
W
RA
W
P
RA
RA
RA
W
W
RA
RA
RA
W
Golden West
Grossmont College
Hartnell College
Imperial Valley
Irvine Valley College
Lake Tahoe College
RA
W
W
Fullerton College
Gavilan College
Glendale College
June
2014
RA
College of Alameda
College of Marin
College of Redwoods
College of San Mateo
El Camino
Evergreen Valley
Feather River College
Foothill College
Fresno City
Jan.
2014
RA
RA
City College of SF
Coastline
Cypress College
DeAnza College
June
2013
W
RA
W
W
Cerritos
Cerro Coso Community College
College of Sequoias
College of the Desert
Jan.
2013
RA
W
RA
W
W
W
RA
RA
LA Harbor College
LA Mission
LA Pierce College
P
LA Southwest College
P
Page 38
RA
W
RA
W
RA
RA
LA Trade Tech College
LA Valley College
Laney College
Lassen College
Mendocino College
RA
Merced College
W
W
W
W
P
RA
Merritt College
Mira Costa
Mission College
Modesto Junior College
W
W
RA
W
RA
RA
RA
RA
P
P
P
Moorpark College
Moreno Valley College
Mt. San Jacinto College
Norco College
Ohlone College
P
P
RA
RA
P
P
P
RA
RA
W
RA
Riverside College
Saddleback College
San Diego Miramar
San Joaquin Delta College
RA
W
RA
RA
RA
RA
W
RA
P
P
RA
RA
P
W
W
W
RA
RA
RA
P
RA
RA
RA
P
Ventura College
West Los Angeles
West Valley College
Woodland
Yuba
P
P
RA
RA
RA
Reedley College
Victor Valley College
West Hills Coalinga
West Hills Lemoore
RA
RA
RA
W
Oxnard College
San Joaquin Valley
San Jose City
Santa Barbara City College
Shasta College
Sierra College
Skyline College
Solano College
Southwestern College
Taft College
RA
RA
Orange Coast College
Palo Verde College
Palomar College
Porterville College
W
P
RA
RA
P
P
P
RA
W
W
W
P
Page 39
W
W
Total Sanctions
Total RA
Total Actions
Percent Sanctions
12
7
19
63.2%
15
7
22
68.2%
15
6
21
71.4%
12
14
26
46.2%
W = Warning
P = Probation
SC = Show Cause
T = Termination
RA = Restored or Reaffirmed Accreditation
Sanctions 2003-2008
ACCJC SANCTIONS 63
Different California
Community Colleges from
2003 - 2014
California Community
Colleges
Canada College
Cerritos
Cerro Coso
College of Alameda
College of Marin
College of Redwoods
College of San Mateo
College of Sequoias
Compton
Copper Mountain
Crafton Hills College
Cuesta College
Diablo Valley
Evergreen Valley
Feather River
Fresno City
Hartnell College
Imperial Valley
LA Southwest College
Laney College
Lassen College
Long Beach City College
20032008
W
1
1
1
1
3
1
1
1
P
SC
1
1
1
1
1
2
1
1
1
2
1
2
1
1
1
1
2
1
2
T Total
1
1
1
1
4
2
1
1
1
2
1
1
2
2
1
1
2
2
2
1
1
4
1
Page 40
9
12
21
42.9%
4
13
17
23.5%
11
12
23
47.8%
Merritt College
Mira Costa
Mission College
Modesto Junior College
Ohlone College
Orange Coast College
Palo Verde College
Porterville College
Rio Hondo College
San Joaquin Delta
San Joaquin Valley
San Jose City
Santa Ana
Shasta College
Sierra College
Solano College
Victor Valley College
Vista College
West Hills
2
1
1
2
1
1
1
2
1
2
2
1
2
1
1
1
1
2
2
2
1
1
1
2
1
2
2
1
1
1
1
1
1
2
1
2
1
1
Total
W = Warning
P = Probation
SC = Show Cause
T = Termination
49
1
1
9
3
1
62
January 2009 – January 2012
Top Perceived Deficiencies Causing Sanctions
2009
2010
2011
2012
Colleges on
Sanction
Program
Review
24
19
21
28
17
13
4
6
Planning
Internal
Governance
Board
Financial Stability
or Management
22
17
15
20
11
8
5
5
11
11
14
20
13
11
13
14
Page 41
The ACCJC has been focused on issues of planning, review, and the behavior of local governing boards.
There is some question of whether the action of the governing board is a proper or legal item to consider
in the evaluation of the individual colleges. The attack by ACCJC on local governing boards has
increased significantly over the last year. The Commission noted in the Summer 2012 ACCJC NEWS,
that the ACCJC recognized that “In recent years, many external events have created challenge for
colleges; funding reductions, changing public policy, turnover due to retirements, changing student
populations and needs, and the accountability movement are among them. These are challenging times,
and it is the job of a governing board to assure that an institution finds the way to adjust to the external
and internal pressures without compromising educational quality and financial integrity. Strong and
effective governing boards are critically important to institutional success and survival.” It is nice that the
ACCJC recognized these challenges, it would be nicer if they did not use these challenges to attempt to
force district to change their mission statements as well as their scope of offerings.
June 5-7, 2013 Actions
The Commission met on June 5-7, 2013. It evaluated the accreditation 46 colleges and institutions. It held
a “public session” on June 7th at which public access was severely limited. The Commission also acted on
a number of policy changes that had not been properly disclosed prior to the meeting so that interested
parties could address the proposed changes. Their action clearly violated 34 CFR 602.23(b).
One such action was to approve a new “Statement on the Process for Preserving Confidentiality of
Documents Related to Institutional Evaluations.” The new policy reads: “Commissioners, ACCJC
committee members, and members of evaluation teams, in the course of reviewing institutions, may be
given copies of confidential documents pertaining to ACCJC's business and to the institutions under
review. Confidential documents include, but are not be limited to, personal notes by the Commissioners,
team and committee members, institutional self-evaluations, team reports, committee reports, institutional
audits, letters or memos to or from ACCJC affecting the institution, draft action letters, evidentiary
documents provided by an institution, and any documents containing information that would generally be
considered proprietary by the institution.
Commissioners, team and committee members should consider all documents pertaining to an
institution as highly confidential, unless the documents are explicitly identified in writing to the
contrary. Accordingly, Commissioners, team and committee members must take reasonable measures to
assure the confidentiality of documents in their possession and may only discuss the contents of such
documents with anyone required to have the information in connection with the matter under review.”
This action was clearly a response to the CFT complaint and was approved in order to keep secret any
activity that might be suspect in the eyes of the Department of Education. The ACCJC Bylaws Article
V, Section 5 allows the Commission to “adopt, amend, or repeal policies that deal with the internal
operations of the Commission and its staff. Actions on such policies may take place at any Commission
meeting, in open or closed session, and do not require two readings.” The above Process for
Preserving Confidentiality is not limited to Commission and staff but also includes members of
evaluation teams. As such it is not an “internal operation” and must have two readings. It only had
one and proper notice was not made. The Commission clearly violated its own bylaws in approving
Page 42
this new policy.
A major focus of the Commission at its June 2013 meeting appeared to be City College of San Francisco
and its previous “SHOW CAUSE” sanction. However, in addition to CCSF, the Commission also
reviewed Allan Hancock College, American Samoa Community College, Barstow College, Berkeley City
College, Carrington College, Chabot - Las Positas Community College District, Chaffey College,
Coastline College, College of Alameda, College of the Desert, College of the Marshall Islands, College of
the Siskiyous, College of Micronesia - FSM, Copper Mountain College, Feather River College, Fullerton
College, Gavilan College, Glendale Community College, Golden West College, Hartnell College, Hawai'i
Tokai International College, Heald College, Imperial Valley College, Laney College, Los Angeles
Community College District, Los Angeles County College of Nursing & Allied Health, Los Angeles
Harbor College, Los Angeles Mission College, Los Angeles Pierce College, Los Angeles Southwest
College, Los Angeles Valley College, Merced College, Merritt College, MiraCosta College, Monterey
Peninsula College, Mt. San Jacinto College, Orange Coast College, Palau Community College, Palo
Verde College, Peralta Community College District, San Joaquin Valley College, Santa Barbara City
College, Santa Monica College, Southwestern College, and West Los Angeles College.
How they were able to fully consider all of these colleges and institutions in a three day period is
anyone’s guess. If each Commissioner was serious about how they voted they would have been required
to at least read the college’s self-evaluation as well as the Visiting Team report on the college for each
college up for evaluation. As each self-evaluation runs about 400 pages and each Visiting Team report
runs about 60 pages, for the 46 institutions this adds up to about over 20,000 pages of documentation to
read over a three day period. Since the proceedings and votes are not made in public or even publically
disclosed, it is impossible for me to determine how the Commissioners actually voted and what materials
they were given to look over before deciding The ACCJC was clearly in violation of 34 CFR 602.17.
The results of sanctions for the June 2013 meeting are shown in the following table. City College of San
Francisco’s accreditation was terminated effective July 31, 2014. The College Board of Trustees will
immediately be moving forward to request a review of the Commission’s decision. After this review is
made, they will then need to decide whether to challenge the decision of the Commission. In that case, a
panel will be appointed by the Commission to hear the evidence and render a decision.
Out of the twentyone colleges that were up for possible sanction, ten actually received a sanction (47.6%).
The ACCJC continues to be out of step with the rest of the nation.
Page 43
PRIOR YEAR
Barstow College
Berkeley City College
City College of San Francisco
Coastline College
College of Alameda
College of the Siskiyous
Copper Mountain College
Feather River College
Gavilan College
Golden West College
Hartnell College
Imperial Valley College
Laney College
Los Angeles Harbor College
Los Angeles Mission College
Los Angeles Pierce College
Los Angeles Southwest College
Los Angeles Valley College
Merced College
Merritt College
Orange Coast College
San Joaquin Valley College
West Los Angeles College
W
W
SC
SU 12
SU 12
W
W
W
W
SU 12
SU 10
SU 09
SU 10
Actions of ACCJC June 2013
ACCREDIT WARNING PROBATION SHOW CAUSE TERMINATE
W
A
T
W
A
A
A
W
W
W
W
P
SP 08
SP 09
SU 12
SU 12
P
W
A
A
W
A
P
SU 12
W
W
W
SU 11
SU 12
SP08
W
SU 12
Total
W
W
A
A
W
A
A
11
8
1
1
Accreditation Agency Sanctions 2013
Accreditation Results
2013
Granted Probation Warning Show
Cause
Middle
119
3
5
States
New
26
England
North
14
2
Central
Northwest
35
2
Southern
97
4
20
Page 44
Removal Total sanctioned
1
127
6.3%
26
0.0%
16
12.5%
37
122
5.4%
20.5%
ACCJC
Total
Percent
ACCJC
24
315
7.6%
5
14
35.7%
13
40
32.5%
1
1
1
2
100.0% 50.0%
44
372
45.5%
15.3%
The above numbers were derived from reports listed on the various websites of the accreditation
agencies. As in the past, ACCJC exceeded other agencies by a wide margin in the number of
sanctions levied. In short, ACCJC continues to be out of control.
January 2014 Common Deficiencies
Common Deficiencies Leading to Sanctions
For the 16 colleges on sanction as of January 2014
Source: ACCJC News, Spring 2014
College
s on
Sanctio
n
Progra
m
Review
Planning
Using
Assessmen
t Results
Internal
Governanc
e
Board Rules
and
Responsibilitie
s
Financial
Managemen
t of Stability
Student
Learning
Outcomes
Implementatio
n
Employee
Evaluatio
n
16
Percent
6
37.5%
14
87.5%
5
31.3%
6
37.5%
8
50.0%
12
75.0%
10
62.5%
Also: administrative and staff capacity (3), student support services adequacy (3),
professional development services (3), library and learning support services adequacy (2),
integrity in relations to ACCJC (2), academic integrity (2), and mission, financial integrity,
faculty capacity, campus climate, institutional research capacity, policy reviews,
pedagogy related to student needs, technology upgrades, maintenance of complaint file,
resource allocation model, delineation of college and district roles,
and policy on distance education and correspondence education (1)
ACCJC Actions of January 8-10, 2014
During its two day private meeting and one day public meeting, the Commission made 74 decisions (the
majority of which were made during the private meeting days). The Commission obviously does not take
much time to have discussion on actions. Since the behavior at the private meeting portion is not made
public, it is unclear to the public the process used for deciding issues or the role that staff play in directing
the discussion.
The decisions:
Reaffirmed Accreditation on the basis of a comprehensive evaluation: 8 colleges
Issued Warning on the basis of a comprehensive evaluation: 1 college
Continued on Warning on the basis of a follow-up report with visit: 1 college
Page 45
Removed from Warning and Reaffirmed Accreditation on the basis of a follow-up report with a visit: 4
colleges
Removed from Warning on the basis of a follow-up report with visit: 1 college
Removed from Probation; Issue Warning on the basis of a follow-up report with visit: 1 college
Removed from Show Cause and Issued Warning on the basis of a Show Cause Report with visit: 1
college
Removed from Show Cause and Reaffirmed Accreditation on the basis of a Show Cause Report with
visit: 1 college
Reviewed and continued accredited status with midterm report: 10 colleges
Reviewed and continued accredited status with follow-up report: 1 college, 1 district
Reviewed and continued accredited status with report with visit: 7 colleges
Denied the Review request of CCSF: 1 college
Actions on Substantive Change Committee Actions: 17 colleges
First Reading Policies Approved: 5
Second Reading Policies Adopted: 3
Operational Policies and Documents Adopted: 2
Revisions between Commission Meetings: 6
Eliminated Policies: 3
ACCJC SANCTIONS OF JANUARY 2014 – A NEW DIRECTION?
California Community
Colleges
ACCJC Actions of January 2014
X
X
X
Page 46
TERMINATE
X
X
X
X
X
X
SHOW CAUSE
PROBATION
WARNING
ACCREDIT
CABRILLO COLLEGE
CANADA COLLEGE
COLLEGE OF SAN MATEO
CUYAMACA COLLEGE
GROSSMONT COLLEGE
SKYLINE COLLEGE
SIERRA COLLEGE
WOODLAND COMMUNITY COLLEGE
COLUMBIA COLLEGE
CUESTA COLLEGE
SOLANO COMMUNITY COLLEGE
COLLEGE OF THE REDWOODS
MODESTO JUNIOR COLLEGE
VICTOR VALLEY COLLEGE
EL CAMINO COLLEGE
YUBA COLLEGE
COLLEGE OF THE SEQUOIAS
X
X
X
X
X
X
X
X
TOTAL
In addition, Antelope Valley, College of Marin, Evergreen Valley,
Moorpark,
Mt. San Antonio, Oxnard, Saddleback, San Diego Mesa,
San Diego Miramar, San Diego City, San Jose City, and Ventura
Colleges had midterm reports and continued in accreditation
status.
Also, after follow-up reports, DeAnza, Fresno City, Shasta, and
the Los Angeles Community College District were continued in
Accreditation status.
Finally, after follow-up reports and visits the following colleges
continued
in accreditation status: Antelope Valley, Bakersfield, Cerro Coso,
College of the Redwoods, Cuesta, Palo Verde, Porterville,
Reedley, and Windward.
13
4
The Committee also approved the CCSF closure report.
ASCCJC Actions of June 2014
During its two day private meeting and one day public meeting, the Commission again made numerous
decisions in private. The Commission went back to its old way of decision making with many sanctions
issued.
The decisions:
Reaffirmed Accreditation on the basis of a comprehensive evaluation: 7 colleges
Issued Warning on the basis of a comprehensive evaluation: 2 colleges
Imposed Probation on the basis of a comprehensive evaluation: 2 colleges
Imposed Probation on the basis of a follow-up report: 1 college
Continued on Warning on the basis of a follow-up report with visit: 4 colleges
Removed from Warning and Reaffirmed Accreditation on the basis of a follow-up report with a visit: 6
colleges
Removed from Probation; Issue Warning on the basis of a follow-up report with visit: 1 college
Imposed Probation on the basis of a follow-up report: 2 colleges
Page 47
Reviewed and continued accredited status with midterm report: 6 colleges
Reviewed and continued accredited status with follow-up report: 1 college, 1 district
Reviewed and continued accredited status with report with visit: 3 colleges
Special Report with Visit – Financial Review: 1 college
Special Report – Financial Review: 3 colleges
Actions on Substantive Change Committee Actions: 1 college
First Reading Policies Approved: 2
Second Reading Policies Adopted: 3
Operational Policies and Documents Adopted: 1
ACCJC Actions of January 2014
BARSTOW COLLEGE
CERRITOS COLLEGE
COASTLINE COLLEGE
EVERGREEN VALLEY COLLEGE
GOLDEN WEST COLLEGE
HARTNELL COLLEGE
IMPERIAL VALLEY COLLEGE
LASSEN COLLEGE
LOS ANGELES MISSION COLLEGE
LOS ANGELES SOUTHWEST COLLEGE
LOS ANGELES VALLEY COLLEGE
MENDOCINO COLLEGE
MISSION COLLEGE
MORENO VALLEY COLLEGE
NORCO COLLEGE
OHLONE COLLED
ORANGE COAST COLLEGE
PALO VERDE COLLEGE
RIVERSIDE CITY COLLEGE
SAN JOAQUIN DELTA COLLEGE
SAN JOSE CITY COLLEGE
VICTOR VALLEY COLLEGE
WEST VALLEY COLLEGE
TOTAL
ACCRED
X
California Community Colleges
SHOW
WARNING
PROB
CAUSE
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
10
In addition, College of the Desert, Cypress
College, Fullerton College, Merced College,
Page 48
X
6
5
TERMIN
West Hills College Coalinga, West Hills
College Lemoore
had midterm reports and continued in
accreditation status.
Also, after follow-up reports, Copper
Mountain College, Glendale Community
College,
Los Angeles Pierce College were continued in
accreditation status.
Finally, after follow-up reports and visits the
following colleges continued
in accreditation status: College of the Desert,
Gavilan College, and
Santa Barbara City College.
College of the Siskiyous was continued in
accreditation status after
a Special Report with a visit regarding
Financial Review.
After a Special Report and Financial Review,
College of the Redwoods,
Imperial Valley College and Los Medanos
College were continued in
Accreditation status.
Trends in Deficiencies Leading to Sanction January 2009 to January 2014
According to the Summer 2014 edition of the ACCJC News, “
 There has been a significant drop in colleges that have difficulty with governing board roles and
responsibilities that led to sanction, now down to 37.5% and 6 institutions
 A large proportion of institutions on sanction – 87.5%, 14 of the 16 – still have not been able to
demonstrate that they are integrating their institutional evaluation efforts such as program review
to institutional actions such as resource allocation, planning and implementation of needed
changes.
 Three quarters of those institutions on sanction have not implemented the ACCJC’s standards on
student learning outcomes.
 About half of the institutions have not been able to demonstrate sound financial management or
stability – but the overall number, 8, is lower than in previous years.”
The number of sanctions decreased in January of 2014 but then went up again in June of 2014.
This record indicates that ACCJC standards do not reflect commonly held beliefs on what the standards
should be.
Page 49
COLLEGES
ON
SANCTION
2009
SANCTIONS
(N=24)
2010
SANCTIONS
(N=19)
2011
SANCTIONS
(N=21)
2012
SANCTIONS
(N=28)
2013
SANCTIONS
(N=25)
2013
SANCTIONS
(N=25)
PROGRAM
REVIEW
INTERNAL
PLANNING GOVERNANCE
BOARD
Student
FINANCIAL
Learning
STABILITY OR
Outcomes Employee
MANAGEMENT Implementation Evaluation
71%
(17)
92%
(22)
46%
(11)
46%
(11)
54%
(13)
68%
(13)
89%
(17)
42%
(8)
58%
(11)
58%
(11)
19%
(4)
71%
(15)
24%
(5)
67%
(14)
62%
(13)
21%
(6)
71%
(20)
18%
(5)
71%
(20)
50%
(14)
28%
(7)
64%
(16)
20%
(5)
68%
(17)
52%
(13)
38%
(6)
88%
(14)
31%
(5)
38%
(6)
50%
(8)
Page 50
75%
(12)
63%
(10)
Chapter 4 Problems With ACCJC
Page 51
Out of Touch With California Educational Environment
The ACCJC seeks to improperly and contrary to California law impose standards for faculty
evaluation. Evaluation is an area of collective bargaining. The team recommendation "that the evaluation
of faculty and others directly responsible for student progress toward achieving stated student learning
outcomes include a component that assesses the effectiveness in bringing about those learning outcomes"
is not something that the ACCJC can legally require under California law.
Another area where the ACCJC does not follow California’s regulations occurs when it looks at the
adequacy of the district’s financial status. For example, in the case of CCSF the Evaluation Team found
that “While the reserves meet the minimum California community college requirement, it is well
below a minimum prudent level, as demonstrated by an increase in short-term borrowing to meet cash
flow needs.” Again the Commission does not recognize what colleges must do in order to meet their
student needs in this time of California’s financial crisis. CCSF should be commended not condemned
for effectively using all resources available to it in order to properly serve its students.
The disinterest in California and federal law and practice is emphasized in the ACCJC Team Evaluator
Manual. On page 23 of the August 2012 Manual it advises visiting teams that “Recommendations
should not be based on the standards of governmental agencies, the legislature, or organizations.”
Public Disclosure and Retaliation
Colleges are loath to complain about the fairness of an accreditation. The ACCJC has not refrained from
answering complaints before the press. This is encouraged under a section of the Public Disclosure rules
of the ACCJC: “If an institution conducts its affairs so that it becomes a matter of public concern,
misrepresents a Commission action, or uses the public forum to take issue with an action of the
Commission relating to that institution, the Commission President may announce to the public,
including the press, the action taken and the basis for that action, making public any pertinent
information available to the Commission.”
“The Commission does not ordinarily make institutional self-evaluation reports, the external evaluation
reports or the Commission action letters public. Should the institution fail to make the institutional self
evaluation report, the external evaluation report, or Commission action letter available to the public as per
the institution's responsibilities for public disclosure contained in this policy, or if it misrepresents the
contents of the reports, the Commission will release the reports to the public and provide accurate
statements about the institution's quality and accreditation status.”
Again, the cloak of silence: “In order to assure the accuracy and appropriateness of institutional
information which is made public, the Commission expects evaluation team members to keep confidential
all institutional information read or heard before, during, and after the evaluation visit. Except in the
context of Commission work, evaluation team members are expected to refrain from discussing
information obtained in the course of service as an evaluation team member. Sources of information that
Page 52
should remain confidential include the current Institutional Self Evaluation Report; previous External
Evaluation Reports; interviews and written communication with campus personnel, students, governing
board members, and community members; evidentiary documents, and evaluation team discussions.”
Chapter 5 History of Complaints Against ACCJC
Hittelman Letter of November 21, 2001 on Standards
As president of the Community College Council, I wrote the commission on November 21, 2001
objecting to certain policies of the ACCJC. Many of these concerns have magnified over the years. In
particular I wrote “The Community College Council of the California Federation of Teachers is opposed
to the direction that the new proposed standards (Draft A) has taken. We oppose using so-called
“quantifiable outcomes” as the mandated approach to determine effectiveness of education. We believe
that many institutions would prefer to use qualitative issues and educational standards as their guide to
institutional quality. While a few colleges may wish to use the Total Quality Management approach, we
do not believe that it should be imposed on all institutions, especially in light of its still controversial
status. We do not believe that the “learning objectives” and “outcomes” approach to education necessarily
produces the highest quality educational experience. Many “objectives” that can be easily measured are
not important whereas many important results cannot be measured. Education is more than standardized
tests - it is a holistic experience which should include social, societal, and self-actualizing goals. The goal
of education should include the ability to learn on one’s own, be motivated to work hard in pursuit of
truth, and want to continue learning. None of these goals are valued in the new proposed standards.
In Standard III, the new standard requires that “Evaluations of faculty also includes effectiveness in
producing stated student learning outcomes.” By defining what evaluation must specifically include, the
Commission is entering an area that is the domain of collective bargaining. In the past (Standard Seven),
the Commission did not determine how effectiveness would be measured but rather stated that “Criteria
for evaluation of faculty include teaching effectiveness, scholarship or other activities appropriate to the
area of expertise, and participation in institutional service or other institutional responsibilities.” The
change to the required outcome-based criteria is not appropriate. Evaluation processes are best defined at
the local level via local expertise and the collective bargaining process and that is what is required by
California law.”
“We are concerned with the removal of what seemed to be, in the previous standards, a commitment to
collegial governance. The changes seem to reflect a veiled attempt to overthrow the gains made through
the passage AB 1725 in California. In addition, the new “Vested Authority” section is too prescriptive as
to the rights of the chief executive officer. One example is the statement that “(T)he governing board
delegates full responsibility and authority to him/her to implement and administer board policies without
interference and holds him/her accountable for the operation of the district, system, or college.” This
seems more like a “protect administrators” device rather than an accreditation standard. Another example
of micro managing by the Commission is the statement in the multi-college district section where it
requires that the chief executive “delegates full responsibility and authority to them to implement and
administer district or system policies without interference and holds them accountable for the operations
Page 53
of the colleges.”
“The Community College Council also believes that a community college district should be required to
comply with the laws and regulations governing districts including those requiring the participation of
faculty, staff, and students in the development of district and college policy. Faculty rights and
responsibilities are specified and guaranteed in the California Code of Regulations (Title 5) and therefore
should be addressed in the accreditation self-study. The issue has been partially addressed in the current
standard Ten B.7 in the statement that ‘faculty have established an academic senate or other appropriate
organization’ and that "faculty have a substantive and clearly defined role in institutionalized
governance.” This language should be continued and enlarged to include classified and student
participation. “
The CCC also believes that there should also be a standard directed at the working relations between the
district and its collective bargaining agents. It should be noted that most districts currently include faculty
unions in the development of policy and in January 2002 will be required to include classified unions as
representatives in shared governance. How these arrangements work reflect on the quality of the
experience at the college and should be addressed in a standard and reflected in the college self-study.
October 13, 2008 Hittelman Letter to ACCJC
Later in October of 2008, acting as the president of the California Federation of Teachers, I wrote a letter
to the ACCJC with regard to the actions of the ACCJC. I wrote with respect to amendments to Standards
III.A.1.c and II.A.6. The letter was as follows:
“I write as President of the California Federation of Teachers, AFT/AFL CIO. As you know, the
Accrediting Commission for the California Junior Colleges (ACCJC) serves an important function by
virtue of California law. In particular, the State has dictated that, "Each community college within a
district shall be an accredited institution. The Accrediting Commission for California Junior Colleges
shall determine accreditation." (5 Cal. Code Regs. ' 51016)
In conferring on this important responsibility on the ACCJC, the State of California and the Board of
Governors of the California Community Colleges expect the ACCJC to fulfill an important state
objective, providing education through accredited public community colleges. ACCJC may or may not be
a quasi-governmental entity, but either way it must respect State laws created by the Legislature,
when fulfilling its functions.
Of particular importance to the California Federation of Teachers, and its constituent locals, is the
Educational Employment Relations Act, California Government Code section 3540 et seq... The Act, as
you know, provides a framework for collective bargaining for faculty in the California Community
Colleges.
One of the most important rights faculty have is to negotiate with their employer over evaluation
procedures, criteria and standards. In fact, this right is so important that the Legislature deemed it worthy
of explicit enumeration within the Act. In addition, pursuant to the EERA academic freedom policies are
negotiated at community colleges.
Page 54
In recent years, considerable controversy has existed within the community colleges over the issue of
Student Learning Outcomes or SLOs. It is an understatement to say that many within the college
community, faculty and administrators alike, feel the ACCJC has gone too far in its demands regarding
SLOs, because they intrude on negotiable evaluation criteria, and violate principles of academic
freedom.
Not long ago, the CFT invited comment from its faculty unions about SLOs, and their impact on their
local colleges. Of particular concern to CFT is the propensity with which accreditation teams from the
ACCJC have indicated to the colleges that they should "develop and implement policies and procedures to
incorporate student learning outcomes into evaluation of those with direct responsibility for student
learning." This directive is based on ACCJC Accreditation Standard III.A.1.c., which states,
"Faculty and others directly responsible for student programs toward achieving stated student learning
outcomes have, as a component of their evaluation, effectiveness in producing those student learning
outcomes." (ACCJC Accreditation Standard III.A.1.c.)
Another standard has been used by accreditation teams to justify changes in faculty work such as syllabi.
This standard, which has interfered in faculty's academic freedom rights, states: one:
"The institution assures that students and prospective students receive clear and accurate information ... In
every class section students receive a course syllabus that specifies learning objectives consistent with
those in the institution's officially approved course outline." (ACCJC Accreditation Standard II.A.6.)
We believe both of these standards, as written and as applied, intrude on matters left to collective
bargaining by the Legislature. For a time, we recognized that the ACCJC's inclusion of these
standards appeared to be mandated by the regulations and approach of the U.S. Department of
Education, hence we understood ACCJC's apparent justification for including them.
Now, however, with the recently reenacted Higher Education Act, the Federal mandate for the SLO
component has been eliminated for community colleges and other institutions of higher education. I'm
sure you are aware that Congress passed, and the President signed, legislation amending 20 U.S.C. 1099
(b), to provide that the Secretary of Education may not "establish any criteria that specifies, defines, or
prescribes the standards that accrediting agencies or associations shall use to assess any institution's
success with respect to student achievement." [See Higher Education Act, S. 1642 (110th Congress, 1st
Session, at p. 380)]
Given this amendment, it is CFT's position that the ACCJC has no statutory mandate which prescribes
inclusion of the above referenced standards dealing with faculty evaluations, and syllabi. Under the
EERA, absent mandatory proscriptions in the law, each and every aspect of evaluation is negotiable. See,
e.g., Walnut Valley Unified School District (1983) PERB Dec. No. 289, 7 PERC & 14084, pp. 321 322;
Holtville Unified School District (1982) PERB Dec. No. 250, 6 PERC & 13235, p. 906. The Legislature
reaffirmed the negotiability of evaluation procedures and criteria when it adopted A.B. 1725 in 1989. (See
Cal. Ed. Code ' 87610.1, 877663(f)). The Legislature did specify that community college evaluations
procedures must include a peer review process and, to the extent practicable, student evaluations. (See
Cal. Ed. Code ' 87663(g)). However, it did not mandate SLOs.
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Accordingly, the CFT wishes to inquire as to what actions ACCJC intends to take to conform its
regulations to the requirements of State law, and to recognize that the adoption of any local provisions
which include faculty effectiveness in producing student learning outcomes, should be entirely a matter of
collective bargaining negotiations. And, similarly, that the ACCJC cannot mandate inclusion of
information in syllabi which faculty, by reason of academic freedom and tradition, are entitled to
determine using their own best academic judgment, or through the negotiations process. Of course, in
negotiations over evaluation, the law also provides that faculty organizations shall consult with local
academic senates before negotiating over these matters.
While ACCJC is free to encourage colleges and their faculty organizations to negotiate over this topic, it
is not free to mandate or coerce the adoption of such standards by sanctioning colleges which do not
adopt standards that ACCJC would prefer in these areas. Given its state function, ACCJC must
respect the negotiations process mandated by state law, and academic freedom rights adopted by
contract or policy.
California's public community colleges are an extraordinary public resource, and the Legislature has seen
fit to decree that when it comes to faculty evaluation, that process shall be subject to collective
bargaining. With the adoption of the landmark bill A.B. 1725 almost 20 years ago, the Legislature came
down squarely on the side of faculty determining, with their employers, the method and content of their
evaluations. This system has worked exceptionally well for almost 35 years.
Given the change in Federal law, I call upon ACCJC to take prompt and appropriate action to amend
its standards to respect the boundaries established by the Legislature and not purport to regulate
the methods by which faculty are evaluated or determine their course work such as syllabi.”
December 2008 ACCJC Reply Filled with Errors
On December 2, 2008 I received a reply from the Commission regarding my letter. The Commission
attempted to respond to each of my points as they saw them. Unfortunately they had not done their
homework and were just wrong on most of their responses.
On December 12, 2008 I responded, on behalf of the California Federation of Teachers, back to the
ACCJC as follows:
“This letter responds to your letter of December 2, 2008. Your attempt to address our issues was not very
well researched and contains a number of errors. I will try to address them as clearly as possible.
1. You state that "The ACCJC does not provide education. Its purpose is to assure that its accredited
institutions adhere to its standards which are designed to assure that certain levels of quality are
maintained. The ACCJC was not developed to help achieve any State objective. The ACCJC was not
developed by the State, and it is not an agent of the State, and it has not been delegated any State function.
The ACCJC is a private organization, and its standards are developed without any involvement or
directions from the State of California. Its accreditation activities are not limited to the State of California.
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It also accredits institutions in Hawaii and in the Pacific regions accredited by WASC."
This reply completely ignores "Each community college within a district shall be an accredited
institution. The Accrediting Commission for California Junior Colleges shall determine accreditation." (5
Cal. Code Regs. § 51016). The fact that the ACCJC has activities outside of California does not
contradict the fact that its accreditation activities in California are empowered under Section 51016 above.
It is also clear that the majority of ACCJC's funding comes from California community colleges. In
other words, it is funded heavily by the State of California and is, to a great extent, answerable to
the laws of California.
2. You argue that the "the ACCJC is not a governmental or quasi-governmental entity. It is a private
organization. It functions are of course carried out in a manner that are consistent with all applicable
laws, state and federal." In part, you are making our point. As I will address later, evaluation is a
collective bargaining issue and when ACCJC attempts to dictate in this area, it is conflicting with
California law. By the way, the statute involved is the Government Code, not the Labor Code as your
letter indicated.
a.You are completely wrong in your analysis of collective bargaining law in California, particularly when
you state that "terms and conditions" does not include "criteria and standards" to be used for evaluation. I
believe that if you checked this assertion with any lawyer familiar with collective bargaining law as it has
been adjudicated, you will find that you are in error.
b. The PERB has ruled repeatedly that the evaluation criteria are negotiable. I am not sure why your
lawyer is unaware of this. For instance, PERB has ruled that evaluation criteria are negotiable in both
Holtville Unified School District (1982) PERB Decision No. 250 (Holtville) and Walnut Valley Unified
School District (1983) PERB Decision No. 289 (Walnut Valley). Both cases hold that criteria and
standards to evaluate faculty are negotiable. See also State of California (Department of Motor Vehicles)
(1998) PERB Decision No. 1291[performance standards within scope of negotiations under Dills Act
governing State employees] .
In addition, when AB1725 was enacted, the Legislature confirmed that faculty evaluation procedures
include negotiable criteria. The following is from AB 1725:
"(v) ...
(2) The evaluation process should be effective in yielding a genuinely useful and substantive
assessment of performance. Among other things, this requires an articulation of clear, relevant criteria on
which evaluations will be based.
(3) The evaluation process should be timely. This requires that evaluations be performed regularly at
reasonable intervals.
(4) The specific purposes for which evaluations are conducted should be clear to everyone involved.
This requires recognition that the principal purposes of the evaluation process are to recognize and
acknowledge good performance, to enhance satisfactory performance and help employees who are
performing satisfactorily further their own growth, to identify weak performance and assist employees in
achieving needed improvement, and to document unsatisfactory performance.
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(5) A faculty member's students, administrators, and peers should all contribute to his or her
evaluation, but the faculty should, in the usual case, play a central role in the evaluation process and,
together with appropriate administrators, assume principal responsibility for the effectiveness of the
process.
(6) The procedures defined by negotiations should foster a joint and cooperative exercise of
responsibility by the faculty, administration, and governing board of the community college and should
reflect faculty and administrator expertise and authority in evaluating professional work as well as the
governing board's legal and public responsibility for the process."
The Legislature then enacted these standards with Education Code section 87663. I am not sure why you
cite section 87663, but it appears that you are ignorant of the meaning of the section, and the
interpretation of PERB in the above, and other, cases.
As is apparent, the Legislature anticipated that evaluation process and procedures includes the criteria for
evaluating faculty work. PERB held in the above cases, and in others, that only when the Legislature
expressly excluded evaluation criteria, are they not negotiable. And the only place that this took place is
with respect to academic employees of UC and CSU (owing to a lot of historical factors, including the
then very weak academic unions).
So, your claim that evaluation criteria are not negotiable based on the law is simply wrong.
Moreover, in every community college district, the criteria ARE negotiated. That is the contemporaneous
understanding of those charged with complying with the EERA.
When ACCJC attempts to force SLOs into evaluation, it is intruding on the collective bargaining
process.
By the way, the Federal NLRB law is consistent with this.
You claim that "California law leaves the final decisions on all such matters squarely with the governing
body of the institution. It does not leave the content of these matters to collective bargaining although it
does permit consultation from the collective bargaining unit." Again you are just wrong. You need to
consult someone who understands the collective bargaining law in California in order to perfect your
understanding of the law.
In short, the ACCJC is legally obligated to respect the Rodda Act when it acts to accredit community
colleges and districts in California. Among these obligations is to not involve itself in the collective
bargaining process and the procedures and policies with respect to the evaluation of faculty.
Finally, could you send me the minutes of the meeting at which you took up my letter and your response
to it?”
NO RESPONSE
I never received a response to the above letter.
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CCA/CTA Correspondence March 2009
The Community College Association (a branch of the California Teachers Association) was also
concerned with the actions of the ACCJC and met with Barbara Beno on March 17, 2009. In a memo
from the CCA/CTA dated March 24, 2009 it was stated that “Not one community college in California
has received a sanction because of SLOs.” On March 20, 2009, Barbara Beno sent a memo to the
CEO’s and ALO’s from California community colleges. She referred to meeting with representatives of
the “CAA” but of course she meant “CCA.” The CEOs are the college presidents and the ALOs are the
accreditation liaison officers. In the memo she stated that “The CAA may now be trying to communicate
some information about its informational meeting with me. Unfortunately, from what I've heard, it
appears the CAA communications are not very accurate. I want you to be assured that the
Commission has not changed its position or its expectations of institutions, nor would the Commission
communicate any changes in its expectations of institutions through another agency or organization. “
Beno addressed a future meeting she will be holding with the “SoCal CEOs.” She would advise them as
to the “22 ACCJC member institutions that are currently on a sanction to be placed on sanction.
The institutions currently on sanction are deficient in meeting standards in one or more of the
following areas: program review, integrated planning, governance, and financial stability or
management. These are the same four common reasons for sanction that I reported to the CEOs last time
the ACCJC did this analysis, in Spring 2004.”
Beno went on to write: “The CAA is apparently conveying a confused message that faculty can or should
stop work to implement the accreditation standards that have to do with student learning outcomes and
assessment because colleges are not yet being commonly sanctioned for failure to do this work.
This logic would imply that colleges should only meet standards as the result of the extreme pressure of
an accreditation sanction. This is not the message that the ACCJC conveyed to the CAA, and it is an
ill-advised message.”
Beno also stated, as if she had anything to say about it, “ We agree that on issues of accreditation,
colleges should contact ACCJC, however, CCA has the right to contact membership concerning issues
that deal with collective bargaining.“
CTA Letter March 2009
On March 16, 2009 the Department of Legal Services of the California Teachers Association wrote a
letter to the ACCJC regarding accreditation at Solano Community College. The letter states that “I write
to discuss and clarify various statements you have made pertaining to the future of the Solano County
Community College District that have been reported in the media and have caused great consternation
and anxiety among the faculty.
The statements that are attributed to you include the following: “If the faculty do not adopt Student
Learning Outcomes (SLOs) regardless of collective bargaining the college will lose its accreditation
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and close at the end of the 2009 Spring semester.
As you know, the terms and conditions of employment of the faculty are governed by the California
Education Code and the Educational Employment Relations Act (EERA). This law mandates that public
school employers, including community colleges, negotiate with the exclusive representative of the
faculty over wages and other terms and conditions of employment. Most subjects that relate to the terms
and conditions of employment of faculty are mandatory subjects of bargaining and cannot be changed or
imposed by college employers.”
“Currently the contract between the College and the Association is not open. We are advised that the
Association is not necessarily opposed to SLOs, but the college has not made a specific proposal. As a
result your directive that a dialogue among all constituent groups take place, regardless of collective
bargaining is unlawful.”
The CTA letter went on to state what has been going on in California: “It appears to us that the directives
and threats from your office are causing more problems than they solve. As you know the ACCJC of
WASC has a much higher percentage of institutions on probation, warning or show cause status
than do the other accreditation agencies elsewhere in the United States. While the other college
accreditation agencies have a small percent of institutions in some negative status, ACCJC of
WASC has approximately 37% of its member institutions on a negative status. Needless to say this is
a statistic that is setting off alarms in the minds of higher educators both in California and in Washington,
D.C.
We suggest that you give serious thought to moderating the tone and volume of the rhetoric. If that or
some other approach does not de-escalate the threat of the college losing its accreditation because it is
attempting to follow California law, it appears that the courts will become the ultimate arbiter of
whether ACCJC/WASC may revoke accreditation when the conduct of the institution is mandated
by state law. That being said, it is a result that no one is hoping for”
California Community Colleges Task Force Oct. 2009
In October of 2009 the Consultation Council of the California Community Colleges Task Force on
the ACCJC stated the following:
“In the spirit of collaboration, and with the belief that accreditation is necessary and important, we
provide the following recommendations to the ACCJC to enhance the process, especially as it applies to
the California Community Colleges. We pledge our ongoing support to this effort to ensure the success of
accreditation, the ACCJC and the California Community College System.
Recommendations to ACCJC from Task Force
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1.
Develop a means for colleges to provide periodic feedback to ACCJC on the accreditation
processes and their experiences, including both commendations for what went well and identification of
what needs improvement.
2.
Strengthen standards-based training of both visiting-team members and ALOs. Consider
instituting an annual multi-day statewide California Community College conference to provide training
and information to all interested constituencies. This could be co-presented with the Academic Senate
and the CC League at the November annual CCC conference. Colleges could also present their best
practices.
3.
Review the ACCJC visiting-team selection process and consider means to involve a wider
cross-section of the individuals in our system who desire to participate. Team participation should be
treated as a professional development opportunity.
4.
Scale accreditation expectations of Western Region colleges to benchmarks formulated relative
to evidence of best practices documented in all of the accrediting regions in the country.
5.
Consider lengthening the cycle of accreditation to 8 -10 years.
6.
Employ cooperative ways to have accreditation result in improvement rather than just
compliance. Also, develop more non-public ways to communicate to campuses their need for
improvement.
7.
Avoid recommendations that encroach on negotiable issues.”
When Jack Scott, Chancellor of the California Community Colleges, requested that he be allowed to
address the ACCJC on the above list of recommendations - his request was initially rejected. Later,
after a hastily called executive session, he was allowed to speak for a couple of minutes. This is an
example of the contempt that the ACCJC shows to its California community college representatives as
well as their interest in listening to the voices of the field.
ACCJC Response to Concerns of Chancellor Scott and the Task Force Jan. 2012
The ACCJC responded in writing to Jack Scott on January 20, 2012. The response was the same sort of
perfunctory and self-serving response that has become common. It is certainly not an example of the
unbiased judgment required under 34 CFR 602.23( c ). The response spends much space on listing all of
the trainings and workshops they now provide - in short the lack of responsibility to have more real
interchange with the faculty and others in the colleges.
On point 1, the Commission stated that “the Commission believes it is getting ample feedback from its
member institutions and from individuals engaged in accreditation activities.” This despite the stated
feelings of the Consultation Task Force.
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On point 2, the letter states “In the same spirit of collaboration with which you offered your suggestions,
the Commission wishes to suggest that the Chancellor's Office endorse the philosophy and set the
expectation that all California Community Colleges meet or exceed accreditation standards, and that
college CEOs support and engage themselves in the efforts needed to develop their own staffs' capacities
to understand and apply the standards in order to help their own institutions achieve educational
excellence. The vast majority of California Community Colleges already do this, but those that are
struggling, and presumably those that believe they need more training, also need the leadership of the
CEO and the ALO at their own campuses. The Chancellor's Office might encourage the CEOs of those
California Community Colleges in need to make a greater effort to attend the workshops and
presentations that the Commission sponsors, as well as send their staffs to such trainings. They can
also be encouraged to contact the Commission directly for assistance.”
On point 3, “The Commission fields approximately 13 comprehensive teams each semester,
approximately 26 per year. This means there are only approximately 52 slots per year available to give
first time team members their first experience.
Those approximately 52 slots are divided among evaluators in all ranks used on evaluation teams —
administrators, faculty, institutional researchers, CFOs, trustees, etc. Therefore, each group may perceive
that few new evaluators are selected each year. Some kinds of expertise are in higher demand than
others and will receive more of the "slots" for first time team members than others.”
On point 4, “the ACCJC must evaluate institutions against its own Standards of Accreditation, and will
continue to do so. “ No explanation is given as to why the ACCJC is so out of line with the other
accreditation agencies.
On point 5, “Institutions are expected to be in compliance with the Standards at all times, not just during
the peak of the accreditation cycle.“
On point 6, “It is no longer sufficient to use the accreditation self-study and team review as the only
form of evaluation or assessment of institutional and programmatic quality.”
“The genie is out of the bottle on this issue. The Commission moved to all public sanctions many years
ago in response to pressures from the Department of Education. The increasing public, student and
government interest in institutional quality has created a climate in which more information about
accreditation decisions is demanded.” This standard of public disclosure has not yet been adopted
by the ACCJC with regard to its own workings and the need for more information on how the
ACCJC reaches its conclusions. Public disclosure is great for the colleges but not for the ACCJC?
Carl Friedlander, a member of the Task Force, notes in the March 2013 issue of the Perspective that “In
response to a recommendation from the 2009 Chancellor's Office Accreditation Task Force to ‘develop
more non-public ways to communicate to campuses their need for improvement,’ ACCJC President
Barbara Beno replied that ACCJC ‘moved to all public sanctions...in response to pressures from the
DOE.’ Yet other regional accrediting commissions continue to treat and describe ‘Warning’ as ‘a private
sanction.’ So is it D.C. or Novato (where ACCJC is based) demanding that all sanctions be public?”
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On point 7 the ACCJC avoids completely the legality of encroaching on issues of collective
bargaining. “This would not be in the best interests of institutional quality nor of students. The ACCJC's
institutional membership includes institutions with and without collective bargaining units. It is the
Commission's obligation to the public and to member institutions that the standards be applied uniformly
to all institutions that choose to be accredited by the ACCJC. The existence of labor contracts does not
exempt any accredited institution from meeting all accreditation standards and policy directives.
Member institutions are responsible for labor relations matters at their own institutions. Labor unions are
encouraged to raise any direct concerns with their own institutions.” Under this policy, how does a
college recognize college law and ACCJC demands at the same time? Which trumps which? It may take
a court case for this issue to be decided.
The letter closes with the following “The Commission remains open to continuing and even expanding,
where possible, its training collaborations with the California Community College system-wide
organizations within the context of the information provided above.
The Commission thanks you for your suggestions, hopes that this response has been informative, and
encourages your support for institutional adherence to the Standards of Accreditation as a means
to support institutional quality among the California Community Colleges and greater student
success.”
The RP Group Findings of February 2011
The Research and Planning Group for California Community Colleges (RP Group) published its research
findings regarding community college accreditation policies and practices in February 2011. The title of
the report was “Focusing Accreditation on Quality Improvement.” Robert Gabriner directed this project
and was, at that time, the director of the RP Group’s evaluation division. He also serves as the director of
the doctoral program in educational leadership at San Francisco State University. He served as an
accreditation liaison officer and member of numerous accreditation teams over the past twenty years.
Before being employed at San Francisco State University he worked at the community college level for
forty years as a faculty member, dean of research and planning and vice chancellor for advancement at
City College of San Francisco.
The research project grew out of a conversation at a joint conference of the Research and Planning Group
for California Community Colleges (RP Group) and the Chief Information Systems Officers Association
(CISOA) held in April 2009. The RP Group's board was concerned with the increasing number of
community colleges in the state receiving sanctions from the ACCJC. Concerns revolved around the
training of visiting evaluation teams, inconsistent application of accreditation standards by the
commission, ACCJC’s focus on compliance instead of on student success and institutional improvement,
and the degree of culpability on the part of the colleges being sanctioned. The RP Group decided to look
at practices of other regional commissions and compare what was happening in California with what was
happening elsewhere across the country.
The Preface to the report states that “The RP Group knew that weighing in on this issue held some risk;
the debate on accreditation was growing contentious. ACCJC asserted that college leadership had to take
responsibility for the sanctions received by their institutions, while college leadership pointed to the
commission as the problem. Wasn’t it safer for the RP Group to let the institutions work with ACCJC and
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stay on the sidelines?” In the end, they decided to go forward with “the hope of moving the discussion in
a positive direction.” Even though the report did not have that effect as the controversy is even more
heated today, as this paper points out, but the findings are worth looking at. One note of interest is that
Barbara Beno, current President of the ACCJC, was one of the founders of the RP Group.
To find out what was happening with regard to the ACCJC the RP Group interviewed staff and faculty
from five colleges in the region. In order to keep remarks confidential the five colleges were denoted by
College A, B, C, D, and E. The need to keep them confidential may result as much from fear to speak
truthfully about the excesses of the Commission as it is a sometimes used research procedure. The
colleges were both large and small, urban and suburban.
Their results echo the concerns of this paper.
Three of the five CEOs from the colleges were “dissatisfied with ACCJC’s approach” to compliance. One
is quoted as saying “I don’t know how much compliance really improves us all especially if its strict
compliance with the attitude the commission has exhibited in the recent past in that you will do it our
way.”
One faculty member was quoted as saying “The self-study should be about celebrating what you do well
and identifying what needs to improve and not just how we can best get through this nightmare.” Many of
the faculty and staff responded in a similar manner but some administrators felt that the tough
accreditation application help force faculty to adapt more readily to changes forced on the colleges by the
ACCJC and gave them the leverage they needed to force change. As one CEO said “Many times its been
a nice stick to get people to change.” In short, it made some CEOs job easier. The use of a stick is one
way of educating but not one that most educators believe in today as a way of making real and productive
changes. Of course the fact that between 2004 and 2008, a total of 40 California community colleges had
received a sanction makes the argument stronger for the CEO that needs to use a stick in order to get the
attention of his or her faculty and staff.
This was reflected in the belief by many of those interviewed that “ACCJC has not succeeded in creating
a culture in the region that focuses on quality improvement” and that the “actions of the commission
appear to emphasize compliance over improvement and process over outcomes.” In short, “a commission
that emphasizes compliance rather than improvement, real and lasting change is difficult to achieve.”
One ALO noted that “the high proportion of institutions on sanctions has created a culture of fear among
California community colleges.” Avoiding sanctions was critical to most respondents, not the need to
make actual institutional improvements or focus on the actual teaching that goes on in the institution.
An IR director was quoted as saying that “We switched from seriously looking at program review as
improvement, with always some worry about compliance, to just focusing on compliance. Our
administrators are so overloaded that they’re just trying to comply. They have a lot more work to do and
their attitude has shifted more towards survival and we get through this.” This feeling is repeated many
times in the report.
Many of those interviewed did not believe that the Commission and its staff helped colleges very much
and did not look carefully at their own practices. They felt that “the commission is not being receptive to
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constructive criticism and not encouraging feedback from the colleges and expressed concerns about
retaliation. One CEO said it directly: “People are fearful to give open, honest feedback for fear of
retribution.” In talking to a number of people across the state, I have found the feeling of fear of reprisal at
epidemic levels. Some might even connect the issuance of the RP report with the SHOW CAUSE
sanction on CCSF.
There was also much concern on the part of those interviewed that the Commission was not consistent in
the application of sanctions. As one ALO said “teams are at times unclear what warrants a sanction and
what the distinction between being placed on warning or probation.” Many of the responses to the RP
Group involved how much harsher to Commission was a compared to the visiting teams in the placement
of sanctions. The group found that “interviewees expressed two concerns related to a perception that the
commission did not value the work or judgment of the evaluation teams. First interviewees commented
that the commission makes changes to team reports and second, that the commission will take more
severe action than what was recommended by the evaluation team. The CEOs from Colleges A, B, and D
all had served as evaluation team chairs and all reported having experienced one of both of these results.”
“College B’s CEO, who has chaired several evaluation teams, shared that the commission’s action on
accreditation status was in every case more severe than what his last three teams recommended.”
Training for evaluation teams was criticized on a number of grounds including “you can’t train somebody
for two days and think they understand accreditation.” Some descriptions of the ACCJC training were:
20.
Waste of time
21.
horrible, nothing but talking heads, very confusing and mystifying process and kind of unrealistic
too
22.
not effective or engaging
23.
little value
24.
massive PowerPoint slide presentation that’s almost too fast to learn anything
25.
inconsistent information
26.
lack of applicable training and absence of quality assurance
27.
conflicting information at different trainings
28.
emphasis on rules and policies, but not how to apply them
In short, “ACCJC respondents indicated that the commission’s training lack cohesion and shared concerns
about the timing, quality, consistency and relevance of the commission’s offerings.” “The commission
shared that in their view, colleges and constituent groups should lead training and effective practice
sharing.” Their capacity was limited by the size and scope to address a full professional development
program.
One question that stuck out in the study was whether the amount of work necessary to write a successful
college report as well as the work involved in making big changes in a short period of time were justified
by the changes made. Most of those responding said that benefits achieved through ACCJC accreditation
did not justify the “significant amount of time, effort and resources invested by institutions in the
accreditation process and in particular the development of the self-study report.”
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CFT letter of January 8, 2013 Concerning Failure to Obey Timelines
On January 8, 2013, the CFT President Josh Pechthalt wrote the ACCJC a letter outlining the CFT’s
concerns with the ACCJC’s Failure to Comply With Its Policies Regarding the Agenda for the Meetings
of January 9-11, 2013. The CFT expressed its frustration in trying to find out about the January meeting.
CFT wrote “Our lawyers contacted the Commission on November 8, 2012, and December 13, 2012. On
each occasion Commission staff advised us that the Commission meeting was not a public meeting, and
on that basis declined to apprise us of the location of the meeting. Given the detailed agenda, which we
located on the Commission website on January 4, it seems highly unlikely that on November 8 or
December 13 Commission staff thought the meetings of January 9-11 were not intended as public
meetings.”
The Commission rules call for a 30 day notice. CFT wrote that “Only two weeks ago, long after the
Commission's 30 day deadline for giving notice had elapsed, and after the 15 day time limit for the public
to submit notice of a desire to speak to the Commission, did the ACCJC website finally indicate that the
meeting of January 9-11, 2013, would occur in Burlingame, at the Hyatt. It was not until around January
4, 2013, however, that the [preliminary] agenda for January 9, finally appeared on the Commission's
website and expressly indicated there would be a public meeting. This means that proper notice was
"posted" about 25 days late.”
The CFT letter concluded that “If our understanding of the facts is accurate, the Commission has failed to
satisfy its declared policy of "supporting" and "encouraging" the presence of the public at its meetings. It
is difficult not to conclude that by the way it neglects to provide notice to the public of its activities, the
Commission actually seeks to discourage or effectively restrict public attendance and comment at its
meetings.” The CFT requested that the Commission defer all actions until their next meeting. The
Commission failed to defer actions taken.
Hittelman
Hittelman Complaint/Comment of April 30, 2013
On April 30, 2013 I sent a complaint and third party comment to the ACCJC with a copy to
[email protected]. The complaint was as follows:
“*Name of Institutions: ACCJC, Coastline College, Copper Mountain College, Gavilan College, Hartnell
College, Imperial Valley College, Los Angeles Mission College, Los Angeles Pierce College, Los
Angeles Valley College, Orange Coast College, San Joaquin Valley College, City College of San
Francisco, College of the Sequoias, Barstow Community College, El Camino College, Los Angeles
Harbor College, Los Angeles Southwest College, West Los Angeles College, Merced College, College of
Alameda, Berkeley City College, Laney College, Merritt College, College of the Redwoods, Cuesta
College, Santa Barbara City College, Solano Community College, Victor Valley College, Columbia
College, Modesto Junior College, Woodland Community College, Yuba College
Your Relationship to the Institution:
Former Faculty Member (Los Angeles Harbor College, Los Angeles Valley College)
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Interested Party (state relationship): Emeritus Professor of Mathematics, Los Angeles Valley
College; Emeritus President, California Federation of Teachers; Former President, California Federation
of Teachers Community College Council
Please provide any comment about the institution's quality or effectiveness:
What is the basis of your comment? This is a complaint against the Commission as well as a third party
comment related to the June 2013 reviews of the above colleges. The complaint and comment outline
recent Commissions violations of standards and policies including, but not limited to, failure of ACCJC to
follow its own timelines, conflict of interests, misapplication of standards, lack of concise standards,
respect for due process rights, lack of consistent basis for sanction levels, arbitrary and inconsistent use of
standards, failure to provide the public with transparency in its operations, failure to properly train visiting
teams, interference in the collective bargaining processes, attempting to replace local governing board
policies and procedures with those that the Commission prefers, and others as outlined in attached the
documents: ACCJC Gone Wild by Martin Hittelman and Focusing Accreditation on Quality Improvement
by the RP Group.
All current sanctions should be removed and no new sanctions imposed until the ACCJC corrects all of
the attached violations.
A Complaint and Third Party Form will also be filed with the National Advisory Committee on
Institutional Quality and the U.S. Department of Education in order to oppose reaccreditation of the
ACCJC.
Submitted as an attachment to: [email protected]
April 30, 2013”
ACCJC Response of May 31, 2013
I finally received a response to a follow-up question questioning why my complaint and comment
had not been replied to. The following letter arrived on June 4, 2013. This was another violation of
ACCJC rules not only in terms of timing but also the lack of any analysis of what I claimed. It also
violates federal law (34 CFR Section 602.23(c) which requires that the Commission “review in a timely,
fair and equitable manner, and apply unbiased judgment, to any complaints against it”. It violated this
provision with the CFT complaint due to failure to fulfill any part of that requirement. It violated this
provision in my case by never making a judgment.
“This acknowledges receipt of the Third Party Comment materials, dated May 29, 2013, you sent to the
ACCJC. The matter is being reviewed in accordance with ACCJC policy and procedures.
Please note that Third Party Comment does not entail further communication with the correspondent,
unless further clarification is needed. The materials are initially reviewed by Commission staff to
determine whether the matter applies to an institution's compliance with Eligibility Requirements,
Accreditation Standards, and Commission policies. Then, for applicable Third Party Comment:
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If an institution is undergoing a comprehensive evaluation, the materials are provided to the team for
inclusion in its evaluation of the college.
At other times, applicable Third Party Comment may be used as the basis for requesting an institution to
provide additional information to the Commission. The additional information is then reviewed and
followed up in accordance with normal monitoring processes of the Commission.
As a general rule, applicable Third Party Comment is provided to the institution for review following the
Commission staff review. In specific circumstances, provision to the institution may be delayed in order
to meet investigative or regulatory needs for confidentiality.
Lastly, please note on our website the recent posting concerning a complaint response.
Thank you for your interest in the academic quality and institutional effectiveness of our member
institution. We appreciate your effort in sharing this information with us.
Sincerely,
The Accrediting Commission for Community and Junior Colleges”
June 26, 2013 Hittelman Response
On June 26, 2013 I sent the following e-mail:
“June 26, 2013
Krista Johns
[email protected]
On May 30, 2013 I sent the ACCJC the following. I am bolding those portions that were related to the
complaint against the ACCJC. It seems clear to me that anyone who actually read the
complaint/comment would have understood that I was referring to both. I am not sure how your
office missed this. In any case, here it is again but this time I have attached my latest version of ACCJC
Gone Wild.”
Attacks on Board of Trustee Members
Among the reasons given for sanctions for twenty colleges at the January 2012 meeting of the ACCJC
were “deficiencies in governing board roles and responsibilities; seven of these were colleges in multicollege districts where the key deficiencies were in district governing board operations.”
The ACCJC has entered a stage of micro-managing of district-level operations through sanctions on the
colleges of multi-college districts. This includes attempting to dictate to college governing boards how
they should operate. Actions against districts has been illustrated by recent actions related to the Ventura
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County Community College District, the Peralta Community College District, the San Jose-Evergreen
Community College District, and the State Center Community College District.
Standard Ten of the ACCJC relates to elected Boards of Trustees in the community colleges. In Section
A. Governing Board it calls for:
“A.1 The governing board is an independent policy-making board capable of reflecting the public interest
in board activities and decisions. It has a mechanism for providing for continuity of board membership
and staggered terms of office.
A.2 The governing board ensures that the educational program is of high quality, is responsible for
overseeing the financial health and integrity of the institution, and confirms that institutional practices are
consistent with the board-approved institutional mission statement and policies.
A.3 The governing board establishes broad institutional policies and appropriately delegates responsibility
to implement these policies. The governing board regularly evaluates its policies and practices and revises
them as necessary.
A.4 In keeping with its mission, the governing board selects and evaluates the chief executive officer and
confirms the appointment of other major academic and administrative officers.
A.5 The size, duties, responsibilities, ethical conduct requirements, structure and operating procedures,
and processes for assessing the performance of the governing board are clearly defined and published in
board policies or by-laws. The board acts in a manner consistent with them.
A.6 The governing board has a program for new member orientation and governing board development.
A.7 The board is informed about and involved in the accreditation process.”
While the above may seem reasonable on its fact, the actual application is quite different. The ACCJC
under Beno’s leadership is attempting to dictate how governing board members behave as elected public
servants and how they should act against trustees that are not following the district party line.
Barbara Beno at the California Community College Trustees Annual conference held on May 5, 2012
cautioned those in attendance that "boards must recognize which members need help, and then provide
the help." She goes on to claim that "Only the board can regulate its members!" This statement, of course,
overlooks the role of the voters to decide whether they approve of the behavior of their elected board
members.
In her presentation Beno noted the following steps for "Improving Board Performance"
•
Board Policies
•
New Trustee Orientation/Changes in BOT
•
Mentoring
•
Prompt Feedback/Correction when Behaviors Stray
•
Continuous Training
•
Individual Training
•
Board Warning
•
Board Censorship
•
Legal Action
Presumably, if the above are not followed by a board, sanctions on their district will follow.
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Beno is a strong advocate for no dissenters on the board. She has been quoted in training before
administrators and trustees as saying that "once the board reaches a decision, it acts as a whole. It
advocates for and defends the institution and protects it from undue influence or pressure." There should
be an expectation of a "commitment to board decisions.” She wants boards to "avoid public conflict" and
once a decision is made, all board members must publically support the action of the board or "risk an
accreditation ding." This is not the way democracy should work nor is it the role of accrediting agencies
to dictate to governing boards how they will function, but if local governing boards were to seriously
follow her advice to defend and protect from undue influence or pressure, then they should make clear to
all what the ACCJC is doing to destroy their districts.
Beno calls on boards to "represent the entire community and not single interests." Although not stated
above, Beno's major target for “undue influence” are the unions that help elect governing board members
and the students and community members that speak at board meetings. On a number of occasions,
including at a recent conference of the Community College League of California, Beno spoke to unions
having undue influence on "problem boards." With regard to unions she is quoted as saying "Frankly, the
unions come in and institutional effectiveness is politically driven." She stated that "some boards are so
politically weak, they cave to contracts they can't afford. Although they are elected by some folks, once
they take office they need to stay focused on institutional effectiveness. If you keep this in mind, it will
help you from being distracted and bending to political pressure." Again, not much understanding of
democracy and how it works.
Beno does not want Boards to "micro-manage" the district but rather leave the responsibilities and
authority to implement and administer board policies to the local CEO "without board interference." The
operation of the district is to be in the hands of the CEO instead of the elected board.
Among the many recent “dings” for discussing public issues in public are the following:
Los Angeles Southwest College
The Visiting Team at Southwest College accurately described the Los Angeles Community College
District as being run by a publically elected board. “LASC is one of nine constituent colleges of the Los
Angeles Community College District (LACCD). The District Board of Trustees is a seven-member
policy-making body. Board members are elected for four-year terms district-wide by voters in the city of
Los Angeles and in neighboring cities without their own community college districts. Elections are
staggered, with three or four seats filled every two years. An advisory student member is elected annually
district-wide. The Board governs through policies that ensure and secure the academic and fiscal integrity
of the constituent institutions. A policy on conflict of interest assures that conflicting interests are
disclosed, and do not interfere with the impartiality of board members in decision-making.”
In their “Findings and Evidence they found that: “The Board of Trustees is an independent policy making
body that serves the public's interest; uniting to support local planning decisions made through shared
governance processes. In the self-evaluation of Standard IVB.I.a, the board members are reported to work
together collaboratively; however, in their recent Board Self-Evaluation (spring 2012) there is evidence
that describes the Board's communications to be disrespectful of one another and the administration.
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In interviews, the Board Members described spirited dialogue rather than arguments, and reported that
their outcomes were better vetted through this open communication style. Additionally, the evaluation
described some board members as coming to the meetings unprepared and not giving their full attention
to speakers during board meetings.”
“Recently in the Board of Trustees Self-Evaluation Survey, participants reported that the Board focuses
too much on processes that should be delegated and not enough time on policy matters; that the work of
the Board of Trustees Committees is departing from oversight and policy level and becoming
directive at the operational level, to include micro-managing the Chancellor and his decisions. The
Board has been participating in several retreats this year and has one more planned before the end of the
academic year. Evidence from interviews of trustees reveals a willingness to continue to refine their roles
and attend to issues of collaboration, delegation and focused responsibilities. “
Ventura College
In the letter of February 1, 2012 to Ventura College the Commission stated the following: “Commission
Concern: The team report confirmed that the board development activities had been provided and all
board members were encouraged to attend. At the same time, the team expressed concern about the
consistency and long-term sustainability of the Board’s demonstration of its primary leadership role and
reiterates its recommendation for evidence of ongoing professional development for all Board
members. Specifically, the Commission notes a particular board member’s disruptive and
inappropriate behavior and the entire board’s responsibility to address and curtail it.” I have
addressed this issue elsewhere in this paper.
It is clearly time for governing board members to organize themselves and confront the ACCJC on its
attempt to interfere with the functioning of democratically elected boards. After all, the governing boards
are not playgrounds where children are to be disciplined for bad behavior but rather a part of the
sometimes dynamic democratic process in California.
“Accrediting Commission for Community and Junior Colleges
Western Association of Schools and Colleges
Hittelman THIRD PARTY COMMENT FORM
*Name of Third Party: Martin Hittelman
*Email and Phone Number: [email protected] (323) 644-2859
*Address: 2475 Moreno Drive, Los Angeles, CA 90039
*Date: April 29, 2013
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*Name of Institutions: ACCJC, Coastline College, Copper Mountain College, Gavilan College, Hartnell
College, Imperial Valley College, Los Angeles Mission College, Los Angeles Pierce College, Los
Angeles Valley College, Orange Coast College, San Joaquin Valley College, City College of San
Francisco, College of the Sequoias, Barstow Community College, El Camino College, Los Angeles
Harbor College, Los Angeles Southwest College, West Los Angeles College, Merced College, College of
Alameda, Berkeley City College, Laney College, Merritt College, College of the Redwoods, Cuesta
College, Santa Barbara City College, Solano Community College, Victor Valley College, Columbia
College, Modesto Junior College, Woodland Community College, Yuba College
Your Relationship to the Institution:
Former Faculty Member (Los Angeles Harbor College, Los Angeles Valley College)
Interested Party (state relationship): Emeritus Professor of Mathematics, Los Angeles Valley
College; Emeritus President, California Federation of Teachers; Former President, California Federation
of Teachers Community College Council
Please provide any comment about the institution's quality or effectiveness:
What is the basis of your comment? This is a complaint against the Commission as well as a third
party comment related to the June 2013 reviews of the above colleges. The complaint and comment
outline recent Commissions violations of standards and policies including, but not limited to, failure
of ACCJC to follow its own timelines, conflict of interests, misapplication of standards, lack of
concise standards, respect for due process rights, lack of consistent basis for sanction levels,
arbitrary and inconsistent use of standards, failure to provide the public with transparency in its
operations, failure to properly train visiting teams, interference in the collective bargaining
processes, attempting to replace local governing board policies and procedures with those that the
Commission prefers, and others as outlined in attached the documents: ACCJC Gone Wild by
Martin Hittelman and Focusing Accreditation on Quality Improvement by the RP Group.
All current sanctions should be removed and no new sanctions imposed until the ACCJC corrects all of
the attached violations.
A Complaint and Third Party Form will also be filed with the National Advisory Committee on
Institutional Quality and the U.S. Department of Education in order to oppose reaccreditation of the
ACCJC.
Submitted as an attachment to: [email protected]
April 30, 2013”
If you read the attached documents you will see on what basis these charges are being made.
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I will be filing a new complaint after the new sanctions come out that will include the exclusion of
the public from your so-called public meeting in June and any new variances from you policies and
procedures.
Martin Hittelman
June 26, 2013”
June 28, 2013 Response from ACCJC
In a letter dated June 28, 2013 I received a letter from Cheri Sixby, Executive Assistant to the President of
the ACCJC saying that they have received my complaint of June 26, 2013 and that Barbara Beno had
delegated a review of my complaint to Krista Johns, Vice President for Policy and Research. My
“complaint of June 26” was actually just a reiteration of my complaint of April 20, 2013. In any case,
Krista Johns was assigned to contact me with any questions and “a response or notification will come
within 30 days of receipt of the complaint.”
The Commission never responded to my original complaint/comment of April 30, 2013.
July 25, 2013 ACCJC Reply to Hittelman Complaint and Hittelman analysis
In a letter signed by Krista Johns, Vice President for Policy and Research, the “Commission” decided that
“Upon review of specific portions of the documents you identified and of our standards, policies and their
application in accreditation practices, organizational structure, procedures, and other items referred to, no
Commission violations were found.” This decision came as no surprise to me given the past responses of
the ACCJC to complaints against the way they operate. On a side point, I am not sure how the
“Commission” could have approved the letter since it has not met between the time that the ACCJC
decided to address my issues and the issuance of the letter.
The letter begins by declaring that the RP Group study was flawed. They did not contest that the findings
did represent factual accounts of the persons interviewed. Ms. Johns noted the RP Group desire to have
colleges and the Commission work more in harmony but the letter only addressed the college need to
cooperate with the Commission. No discussion was offered regarding the ACCJC’s reliance on
compliance.
The letter also noted that “The ACCJC is currently engaged in an extensive review of its Accreditation
Standards. This process will result in improved and changed processes. However institutional quality
assurance to the public will always be at the foundation of any actions taken by the Commission.” I am
not sure why a need to change is required when the ACCJC claims that it is perfect in the execution of its
Visiting Teams and the performance of the Commission itself.
They once again state that they did not understand that my April 30 e-mail did not include a complaint
although anyone reading it would understand that.
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One of the continuing themes of the letter involved the need for colleges to correct deficiencies within
two years of their appearance – even if they are not noted in any Visiting Team report or actual ACCJC
action.
One of my continued questions involves whether a suggestion made by a Visiting Team represents a
demand by the Commission to address it completely. What makes the answer to this question even more
puzzling is when Ms. John writes such statements as: “Evaluation teams complete a confidential
recommendation regarding institutions prior to the completion of their on-site visit. It is made clear to
evaluation teams that this is a recommendation only, from team to Commission; it does not carry any
decisional weight. The decision on the accredited status of a college is made by the Commission.” Does
this mean that the Visiting Team report has no official recommendation status unless that
recommendation is given a stamp of approval by the Commission? If so, why was CCSF held to a
recommendation of a 2006 Visiting Team when no sanctions had ever been issued by the Commission?
According to the Johns letter “Regulations require that if an institution is found to not be in compliance
with any standard, the accrediting agency must immediately initiate adverse action against the
institution or require the institution to come into compliance within a period not to exceed two years. 34
C.F.R. § 602.20.” “Adverse action” means the removal of accreditation. The problem with all of this is
that almost every college has some “deficiency” noted in its Visiting Team report and yet not every
college has been given a SHOW CAUSE sanction based on the two year rule.
Another basic question arises: Is it good public policy to remove the accreditation of a college for
anything other than the low quality of its academic program or the cost of the classes to the student versus
the reward from the credits? I am sure that the Department of Education and the federal standards do not
expect accreditation agencies from removing accreditation for “failure to meet standards” that have little
to do with the actual quality of the instruction offered.
The Johns letter questions whether the data presented in ACCJC Gone Wild demonstrates ACCJC being
out of step with the other regional bodies. They did not present alternative data nor did they state that my
data was incorrect – only that various agencies have different ways of reporting sanctions. Their actually
being out of step was never addressed.
In terms of the ACCJC’s insistence that colleges reduce their offerings in order to meet the new realities,
Ms. Johns writes: “The earlier ability of institutions to hold multiple missions of equal priority in terms of
commitment, resource allocation, effectiveness and quality, is another area which has been altered by
external forces in today's fiscal, governmental, and political environment.” She fails to address the fact
that the California Master Plan is still the law in California. Attempts by the Commission to force colleges
and districts to limit their scope of offerings would cause districts to be out of step with California law. Of
course that is not problem for the Commission given their lack of respect for other California laws and
regulations regarding such issues as governance, role of governing boards, collective bargaining, financial
requirements, and GASB 45.
The appearance of a conflict of interest when Kinsella and Gornick hold positions both with the ACCJC
and with the CCLC JPA was not addressed in the letter.
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I now understand why I have heard that Visiting Team reports have been altered by the team chair after
meeting with a member of the ACCJC staff and after the Team completed its work. The letter from Johns
explained that “Responsibility for completing the team report falls to the team chair. After the team chair
completes an initial draft evaluation report, the chair will share the report with an ACCJC staff member.
This review is done to ensure that reports are clear, address all essential and required components for team
reports, and are grammatically correct and consistent with Commission requirements.”
A typical statement in the Johns letter is “ACCJC's objectives are clearly set forth in its standards,
including Eligibility Requirements, Accreditation Standards, and Commission policies.” This despite all
the evidence presented that proves that this statement is just not true. The fact that no one can predict what
sanction the Commission will come up with –not even the Visiting Team – is one example of the lack of
clarity. The recognition in the letter that different teams may come up with different recommendations is
another example of lack of clarity.
Another example of the kind of answer the ACCJC in reply to complaints is “Institutional evaluations are
conducted by peer evaluators who are professionals in the field. They apply standards consistently and
fairly to all institutions.” Do they all act professionally and apply standards consistently across the
colleges? Has the ACCJC ever investigated and compared the Visiting Team reports in a systematic way
in order to determine if inconsistencies exist? Despite the ACCJC manner of answering complaints,
saying something is true doesn’t make it true.
Finally, the question of lack of transparency on the part of the ACCJC is never addressed in the letter.
Perhaps this is an issue that should be addressed at the national level by Congress. The private workings
of the ACCJC combined with the agreement by Visiting Team members, Commissioners, and members
of the staff not to disclose any of the proceedings of the ACCJC only contribute to the distrust of the
Commission and the validity of their actions.
October 1, 2013 Hittelman Request for Information
On October 1, 2013 I wrote to the ACCJC requesting information regarding the copies of the ACCJC
Appeals Procedure Manual as well as information regarding the information on the upcoming review of
the decision regarding CCSF.
I received a reply from Krista Johns, ACCJC Vice President for Policy and Research, on October 8, 2013.
It was the usual type of reply one gets from ACCJC. Vice President Johns declared that “We are not
currently providing the ACCJC Appeals Procedure Manual on request.” She notes that it is her belief that
such “procedural details that would only be of interest to an institution at such time as the institution is
eligible for and decides to initiate an appeal.“ I would think it should be the public’s decision whether
such information would be of interest. It is of interest to me or I would not have written the letter
requesting the information. In fact one of the items I found interesting was Section M “Release of
Information about the Appeal to the Public. Details about the appeal in general, including the Hearing,
are to remain confidential unless the Institution, the Commission, and the Chair of the Hearing Panel
agree otherwise. Accordingly, information about the time and place of the Hearing, the identity of the
Hearing Panel members, the grounds for appeal, strategies for appeal, and documents submitted by
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either party that describe its arguments and positions relative to the appeal may not be disclosed to the
general public, the press, or posted on any website. Failure to respect this restriction by the Institution
shall be grounds for the dismissal of the appeal. Failure to respect this restriction by the Commission
shall be grounds for the Chair to rule that the Commission shall pay all of the Institution’s legal and
witness costs connected with the appeal.”
The Process itself, as described in the Manual (which is attached to this document and obtained
from a source other than the ACCJC), is pretty heavily tilted in favor of the ACCJC. There is no
appeal after this appeal process.
Ms. Johns notes in the letter that “as President Emeritus of the California Federation of Teachers (CFT),
you are intimately involved with CFT. The CFT is a plaintiff in litigation against ACCJC. Our legal
counsel has advised that we should not respond to questions or requests that may pertain to the issues in
the litigation.” The issue in my request is to see the Manual. I am not sure how that is related to the
litigation.
Johns continues “With respect to your questions about the completion of selection and names of review
committee members, at this time those details will remain confidential to anyone who is not directly
involved in that process either on behalf of ACCJC or the institution.”
As before, Johns believes that somehow confidentiality is somehow useful in “order to preserve the
integrity of the review process from the undue influence of outside parties and to protect the privacy of
everyone involved.” This is an interesting statement in light of the rigged nature of the process itself.
She then goes on with the statement that “Several members of the Commission and Commission staff have
been inappropriately contacted, pressured or otherwise harassed by members of the public who may be
associated the CFT. To protect against further inappropriate contacts and attempts to compromise the
objectivity and integrity of this process, other details of ACCJC's review process, including names of the
review committee members, will not be shared.” Again, I am not sure what “objectivity and integrity of
this process” actually exists.
City College of San Francisco - PLACED ON SHOW CAUSE (2012),
ACCREDITATION REMOVED (2013)
In June of 2012, the City College of San Francisco was placed on Show Cause by the ACCJC. Prior to
that time no sanctions were in place against City College of San Francisco. In short, CCSF went from
accreditation with no sanctions to Show Cause why the institution should not lose its accreditation.
There appears to be no sense of progressive discipline. In addition, CCSF was charged with not
addressing suggestions from past visiting teams that were not considered violations by the
Commission itself at that time.
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In a shocking disclosure from the ACCJC report seeking to discredit CFT’s complaint it seems that
“CCSF did not contradict or disagree with the team report and chose not to provide additional
mitigating evidence nor attend the Commission meeting in June 2012 where the report was
discussed.”
The City College of San Francisco sanction to cease operations is another good example of how the
ACCJC prioritizes it work.
The ACCJC, at its meeting June 6-8, 2012, considered the institutional Self Study Report, the report of
the evaluation team which visited City College of San Francisco Monday, March 12-Thursday, March 15,
2012, and the additional materials submitted by the College. On August 11, 2014 the ACCJC filed a
response to a law suit filed by Dennis Herrera, San Francisco City Attorney, in which it agreed that
“Fifteen members of the Evaluation Team recommended to the Commission that it impose probation
through March 14 with a Follow-Up Report and visit in one year.”
Contained in a letter from ACCJC President Barbara Beno was the following: "The Commission is
compelled to order Show Cause and to require that the College complete a Show Cause Report by March
15, 2013." The Commission acted to not follow the recommendation of the team appointed to give
them a recommendation and which had actually visited the college.
Beno’s letter went on to state that "City College of San Francisco must show cause why its accreditation
should not be withdrawn by the Commission at its June 2013 Commission meeting." "The burden of
proof rests on the institution to demonstrate why its accreditation should be continued." This is a clear
example of Commission policy – guilty unless the district can prove itself worthy.
CCSF is now ordered to “develop an overall plan of how it will address the mission, institutional
assessments, planning and budgeting issues identified in several of the 2012 evaluation team
recommendations, and submit a Special Report describing the plan by October 15, 2012."
In terms of the quality of the program, the visiting team found that CCSF:
 “operates in accordance with a mission statement that is comprehensive and clearly defined.”
 “The mission statement is appropriate to the college as a degree-granting institution of higher
education with a commitment to its local community.”
 “is fully operational and has students who are actively pursuing programs of study in its degree
and certificate programs.”
 “offers degree programs that are appropriate to and congruent with its mission, are based on
recognized higher education fields of study, and are of sufficient content and length to ensure
quality. Noncredit classes and programs also are offered with appropriate rigor and in
accordance with the college’s mission.”
 “defines and incorporates into all of its degree programs a substantial component of general
education designed to ensure breadth of knowledge and promote intellectual inquiry.”
 “The faculty members are qualified to conduct the institution’s programs and services and meet
state-mandated minimum requirements.”
 “provides specific, long-term access to sufficient information and learning resources and services
to support its mission and instructional programs through a variety of formats, including library
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collections, media centers, computer labs, and other means.”
In short, the team found that “The college is to be commended for embracing all aspects of its mission
and for the dedication of its staff to understanding and responding to the needs of the communities
served by the college.” Of course, all of this will be lost if CCSF loses its accreditation as proposed by
the ACCJC board.
Show Cause was ordered for City College of San Francisco (CCSF) because the ACCJC felt that City
College of San Francisco (CCSF) had "failed to demonstrate that it meets the requirements outlined in a
significant number of Eligibility Requirements and Accreditation Standards. It has also failed to
implement the eight recommendations of the 2006 evaluation team; five of these eight were only partially
addressed, and three were completely unaddressed." It must be noted that CCSF received full
accreditation in 2006 and as such, could not have any deficiencies. In short, there was no requirement by
the ACCJC to respond to the eight “recommendations” from the 2006 evaluation team.
The emphasis of the ACCJC was on such items as assessments, planning, budgeting, and adapting
to the new realities of underfunded community colleges which should therefore reduce their
missions. The college is advised to stop relying on grants and contracts to provide the financial support
needed to address basic operational expenses. The college was told to stop its "longstanding pattern of late
financial audits and deficit spending." It was not pointed out that deficit spending was possible
because of large reserves built up over the previous years.
The belief by the Commission that CCSF was wrong in spending down reserves is interesting in
light of the 10 percent dues to colleges increase that the ACCJC is set to put in place due to its own
use of reserves in order to address their $191,883 deficit. CCSF addressed its need for more
revenue by having a parcel tax approved by voters.
As with most colleges, the district has "not fully addressed its post-employment medical benefits
(OPEB)" (which is actually not required by law –the District did report its obligation as required)
and a "substantial underfunding of the district's workers compensation self-insurance fund.” This issue is
of particular interest given the role of Commissioner Kinsella discussed later in this paper. Instead the
District used its limited funding to maximize class offerings.
The district was also held accountable for having too few administrators and too many administrative
positions held by temporary employees. No mention was made of the large number of temporary
faculty being used to teach classes. In fact, the visiting team found that “...the college has fulfilled its
priority to hire and maintain an ample number of full-time faculty to meet the instructional mission of
the college.” This in spite of the reported fact that the college employed 810 full-time faculty and more
than 1,000 part-time faculty.
The ACCJC claimed that from their point of view "the College lacks adequate numbers of
administrators with the appropriate administrative structure and authority to provide oversight and
leadership for the institution's operations." This may stem from the strong shared governance structure of
the college. This shared governance climate has, in the ACCJC's mind, "kept City College of San
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Francisco from adapting to its changed and changing fiscal environment." That is, the need to reduce the
mission has been thwarted by the governance structure in place.
One of the characteristics of CCSF shared by most community colleges in California is the lack of "a
funding base, financial resources or plans for financial development that are adequate to support student
learning programs and services, to improve institutional effectiveness, and to assure financial stability." It
would be good if the ACCJC pointed that out to the State Legislature and the Governor.
One of the biggest crimes of CCSF is that it "has failed to follow Commission directives to address the
deficiencies noted by the 2006 evaluation team." Later it is noted that "The Commission wishes to remind
you that while an institution may concur or disagree with any part of the report, City College of San
Francisco is expected to use the Evaluation Report to improve educational programs and services and to
resolve issues identified by the Commission."
Another issue that was brought up several times concerned the measuring of "the intended student
learning outcomes at the course, program, general education, and certificate and degree levels." The
value of SLOs as a way to improve instructions is still widely disputed among academics. Many
members of the community college faculty believe it is just another passing fad that the ACCJC is
attempting to force on all colleges and their faculty.
The visiting team also recommended "that the college identify, develop and implement assessments of
student learning, and analyze the results of assessment to improve student learning. The results of ongoing
assessment of student learning outcomes should foster robust dialogue and yield continuous improvement
of courses, programs and services and the alignment of college practices for continuous improvement."
As a mathematician I find the concept of "continuous improvement" mathematically flawed. "The team
recommends that the institution systematically assess student support services using student learning
outcomes and other appropriate measures." How to do this is at best vague.
Even though the college does not have enough money to provide all the classes that it should be offering,
the visiting team suggests that it spend their limited funds to " engage the services of an external
organization to provide a series of workshops for all college constituencies, including the members of the
governing board, the chancellor, faculty, staff, students and every administrator, in order to clarify and
understand their defined roles of responsibility and delineated authority in institutional governance and
decision making." No recommendation was made as to the identity of such an external organization or
how much the district could expect to pay for such external “enlightenment.” It was also not clear if the
workshops should inform those in attendance regarding the roles defined in California laws and
regulations or rather just concentrate on the ACCJC Standards (which are often not consistent with
California’s laws and regulations including those deriving out of AB 1725 and the Rodda Act).
The College first hired “Interim Chancellor” Pamila Fisher. Fisher retired as chancellor of the Yosemite
community College in 2004. At a radio interview on July 6, 2010, Dr. Fisher stated that "Ninety-two
percent of our costs are in personnel and that is much larger than the state average with respect to
personnel costs. So we're going to have to address personnel costs. The number of people we have, the
compensation, the way people are compensated for certain kinds of work, the reassigned times -- there are
a lot of issues there that relate to or contribute to that 92 percent."
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"The state has redefined the mission of community colleges. We are doing our darn best to still be all
things to all people and the state has essentially said, 'You can't do that anymore.' So that means our
Board of Trustees and our campus leadership are going to have to make some priority decisions about
what programmatic things are most critical to the city of San Francisco, and do more of some and less of
others."
In October 2012, Bob Agrella was then chosen by the state community college chancellor’s office to
serve as the “special trustee” to oversee efforts to reverse the SHOW CAUSE action of the ACCJC.
Agrella was voluntarily accepted as “special trustee” by the elected trustee board in San Francisco. Under
this arrangement the elected board continues to maintain authority but the special trustee will have veto
power over any action he deems inconsistent with the college's recovery plan. Agrella holds B.S. and
M.S. degrees in mathematics from Purdue University and a doctorate in education from Nova
Southeastern University in Florida. Nova is often used by community college administrators wishing to
hold a doctorate in order to become a college president or chancellor and it is often joked that “Nova”
spelled backwards is “Avon” due to its almost correspondence school approach to education degree
granting. Agrella receives a reported $163,236 per year in CalSTRS retirement and is reported to receive
$1,000 for each day he works for CCSF as the “Special Trustee”.
After Pam Fisher left, the District Trustees appointed interim Chancellor Thelma Scott-Skillman on
November 1, 2012. She recently retired as president of Folsom Lake College. Scott-Skillman is reported
to be receiving the same pay as Fisher received to serve as interim chancellor - $276,000 per year. And
the Commission is concerned with the high faculty salaries?
Under the newly arrived leadership of Scott-Skillman and Agrella, the district has attempted to
unilaterally cut employee salaries by 5% without bargaining as required under California law. The cuts
unilaterally imposed are on top of over $4 million in negotiated salary cuts and freezes over the last four
years. Local 2121 has filed a grievance and an unfair labor practice charge against the district. The
College administration is also attempting to budget the funds derived from Proposition A, a voter
approved parcel tax, in a way that is in conflict with the stated purposes of the Proposition. The $79-ayear parcel tax will last for eight years and is expected to generate $17 million. The money is supposed to
be used offset budget cuts, prevent layoffs, and provide affordable, quality education to almost 100,000
students at City College's nine campuses.
The College administration is also trying to impose or bargain changes in the faculty collective bargaining
contract that would reverse gains made to part-time faculty employment rights, health care benefits, and
salaries. Nanette Asimov writing in the San Francisco Chronicle on February 28, 2013 accurately
described the positions of the faculty and the administration as “If the administration gets its way, faculty
members say, the college would be a shrunken shadow of itself, closed to many students who depend on it
for a leg up into the middle class, and an inhospitable environment for part-time faculty - the majority of
instructors - unable to earn a living wage. If the faculty vision prevails, administrators say, the college
would run afoul of the accrediting commissioners who hold its fate in their hands.” So once again we see
the power of the ACCJC to destroy the very essence of a long-time successful college through the threat
of removal of accreditation.
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Resolution of the Academic Senate of the California Community
Colleges.
At the Fall 2010 Meeting of the Academic Senate, delegates voted to approve the following resolution:
“Whereas, City College of San Francisco is a vital multi-cultural, multi-campus community college and
has been an essential part of the city of San Francisco since 1935;
Whereas, City College of San Francisco has always sought to provide much needed support for those in
its community that have been historically left out;
Whereas, City College of San Francisco has always served as a statewide model of strong faculty
participation in college governance and also a model for developing and maintaining appropriate salaries
and benefits for both their full- and part-time faculty; and
Whereas, City College of San Francisco values the knowledge and strength of its own faculty as they seek
to resolve their accreditation issues through a strong and fair shared governance process drawing in all
appropriate stakeholders;
Resolved, That the Academic Senate for California Community Colleges acknowledge City College of
San Francisco’s efforts to maintain its multi-cultural, multi-campus structure and its shared
governance process; and
Resolved, That the Academic Senate for California Community Colleges acknowledge the leadership of
the faculty in their efforts to solve their accreditation issues.”
CFT Complaint Filed on April 30, 2013
On April 30, 2013, the California Federation of Teachers (CFT) and its City College San Francisco
(CCSF) affiliate, AFT 2121, filed a complaint and “third party comment” protesting ACCJC’s action
placing CCSF on SHOW CAUSE. The CFT attempted to file the complaint at the Novato office of the
Commission but the people working there refused to receive the complaint or even time stamp the
complaint and threatened to call the police if the CFT representative’s did not leave the office. The CFT
left the office but left the complaint at the office. The staff then locked the door to the office and pulled
the shades closed.
The complaint was directed at “the abuse of authority by the Accrediting Commission for Community and
Junior Colleges in performing the functions entrusted to it by the U.S. Department of Education, and the
California Legislature. The Commission has violated nearly every Federal regulation which guides it,
disregards its own policies, misrepresents its actions or legal requirements, fails to respect the law and
public policy of the State, violates Federal common law due process and California common law fair
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procedure, and acts arbitrarily, capaciously, unfairly and inconsistently in evaluating colleges and districts
throughout the State, thereby harming colleges, students, faculty and staff, boards of trustees and
ultimately the People. And that is how it evaluated City College of San Francisco in June 2012.”
The complaint can be found at the CFT website www.cft.org.
ACCJC Response to CFT Complaint
On May 10, 2013, Sherrill Amador sent a letter to Community College Chancellors, Presidents, and
ALOs (Accreditation Liaison Officer). The letter was clearly a response to the complaint filed by CFT.
One section of the letter was titled “The ACCJC Response to Recent Events.” It noted that the CFT
filed it complaint on April 30, 2013. It did not note that the ACCJC would not receive the complaint in
their office as their office was “private property.”
The letter stated that “The complaint alleges, in part, the ACCJC engaged in irregularities when it
evaluated and placed City College of San Francisco on "show cause" on July 2, 2012. While the
complaint was presented in a format similar to legal complaints, the ACCJC does not operate as an
administrative review court. The agency has a formal Policy on Complaints Against the Accrediting
Commission for Community and Junior Colleges, which sets forth the manner in which complaints are
handled. The ACCJC will follow that Policy in reviewing the CFT complaint. After it concludes its
review, the ACCJC will issue a formal report of its findings and a copy of that report will be provided to
the complainant. Until the ACCJC's report is issued, the ACCJC will not comment on the merits or
substance of any of the allegations in the complaint. To do so would prejudge its formal review.”
And then the letter goes on to prejudge.
The letter made no mention of my more general complaint filed electronically on the same day with
regard to the operation of the ACCJC generally and with respect to all of the community colleges
evaluated.
Although the letter states that it will “not comment on the merits or substance,” it went on to state that
“The member institution has not complained about any aspect of the ACCJC review process, which
resulted in the institution being placed on a sanction known as "Show Cause." To the contrary, chief
administrators of CCSF have consistently and publically supported the findings of the visiting team and
the decision of the Commission.” I guess this is not a comment on the complaint in the eyes of the
ACCJC. It is just reporting that the current short-term administration and Special Trustee are not fighting
for CCSF to survive. It also assumes that the college is another name for the administration.
The letter went on to argue that “The standards, policies, and procedures followed by the ACCJC in its
evaluation of CCSF are the same standards, policies, and procedures it employs when it reviews all of its
accredited institutions. These standards and policies were developed in consultation with the member
institutions of ACCJC, and represent those institutions' collective and shared ideas for practices that lead
to quality higher education. The standards and policies of the ACCJC are the result of a voluntary process
of peer review that has been ongoing in California since the creation of the ACCJC over 50 years ago.
ACCJC's standards, policies, and procedures are under continual scrutiny from the United States
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Department of Education, which has consistently found that ACCJC is a reliable authority for the
accreditation of community colleges in the Western Region.” This is clearly an argument that ACCJC is
pure and clean. This is an obvious attempt to prejudge the well documented CFT complaint. The
volunteer nature of the ACCJC affiliation by colleges is clearly not true given California law that required
community colleges in California to use the ACCJC for its accreditation. The “collectively developed”
standards and policies is not consistent with the recent history of the ACCJC.
Later in this paper I discuss specifically how the ACCJC has attempted to impose its values on faculty
union/district negotiations.
May 30, 2013 Accrediting Commission Perfunctory Response to CFT
Complaint/Comment
On May 30, 2013 the ACCJC responded (or more properly, the Executive Committee of the ACCJC in
ACCJC's name responded) to the 280 page complaint/comment by the CFT by dismissing all charges out
of hand. In relation to legally based complaints the ACCJC Executive Committee stated that "the ACCJC
has no reason to believe that its policies are not fully in accordance with all applicable legal
requirements" and thus "the Committee will not address any of these allegations in this report." The fact
the CFT complaint documented, in detail, a large number of legal violations was not enough to raise any
suspicion on the part of the Committee that there were reasons that some of their policies were not
consistent with legal requirements. This alone clearly shows a lack of due diligence on the part of the
Committee in considering the CFT complain.
The Committee goes on to state that it would not respond to a number of the non-legal complaints in
writing. They then explain that "the lack of a response to a particular allegation does not imply that the
allegation has merit in the view of the Commission. To the contrary, it reflects the fact that the Committee
concluded that such allegation did not merit a reply in this report." There is no explanation of why the
allegations have no merit. Again the Commission illustrates its feeling that the conclusions of the
Commission are not subject to review based on the reasons used for such conclusions. We see this in
other areas of the report. The report is, at best, perfunctory.
After noting that CCSF was not a party to the complaint, the report states "There is no reason to believe
from a review of the Complaint that the institution agrees with or believes that any of the allegations have
merit." Of course there is also no reason to believe that the "institution" (whatever human that is) does not
agree with some of the points made in the CFT complaint. In any case, the report states that “it is fair to
conclude that those allegations are not reflective of the views, official or otherwise, of CCSF." That is a
huge leap in logic especially given the general level of fear of retaliation by the ACCJC for any perceived
disloyalty and the resulting reluctance of governing boards to confront the Commission.
The general lack of equal application of standards by the ACCJC, one of the CFT complaints, is actually
reinforced by a number of statements by the Committee. Here are a couple of examples of the looseness
of ACCJC actions taken from the Committee Report itself:

"When the Commission finds that an institution's continuing ability to meet a particular
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
Accreditation Standard is potentially threatened, it alerts the institution to these areas of possible
future deficiency and generally requires that the institution address them in one or more followup reports."
"The 2012 evaluation report also documented that the improvements that the institution professed
it had made in its various follow-up reports to the Commission did not appear, in fact, to have
been implemented."
With regard to the allegation that it was a conflict of interest that Barbara Beno's husband was on the team
that visited CCSF, the Executive Committee found that a conflict did not exist. The claim that her
husband was only one member of the visiting team and thus did not have the power to sway the team
loses its effect when in fact the Commission did not follow the visiting team's suggested sanction but
rather upped it to SHOW CAUSE after input from Barbara Beno (who certainly had the opportunity to
discuss the sanction privately with her husband). The conflicts of interest of other Commissioners was
also considered without merit even though at least two of the Commissioners had an interest in a finding
the college had not adequately funded future GASB 45 retiree benefits liabilities.
The Committee did not address the fact that CCSF did meet the State Chancellor's Office requirement for
a level of reserves and replaced that well recognized standard with its own.
In conclusion, the Commission found that "the allegations in the Complaint are without merit."
The Commission sent out notices on May 23, 2013 to persons who have served on the CCSF visiting team
that they are not to speak to or provide evidence to the CFT, its lawyers, the press, or anyone else
interested in finding out what happened at the college visit. This is just another example of the ACCJC’s
attempt to keep public matters away from public scrutiny.
The Commission claimed that the visiting team members were represented by the ACCJC lawyers even
though the team members had not agreed to such representation. The letter declared, in part:
"The purpose of this memo is to inform you that, as an evaluation team member, you should consider that
you are at all times represented by our law firm in any issue that relates to review of and the sanction
imposed on CCSF.” “It is part of the service the ACCJC always affords evaluation team members if some
legal issue arises that relates to their service to the ACCJC. We have informed the Bezemek law firm that
you are represented by our law firm, and that accordingly, they may not contact you about any matter
related to the CCSF matter ..."
"You may also be contacted by someone who requests information from you who is not directly
associated with the Bezemek law firm, but who has some other association with CCSF. Again, please just
let the person know that you are represented by legal counsel in this matter and they should contact our
law firm ..."
"Finally, it is possible that you may have retained personal notes, ACCJC agendas, or copies of
documents that pertain to your service related to CCSF ... These documents are not public ... but it is
important to preserve them for the present. Under no circumstances, share any written materials you may
have retained with any third person. If anyone requests any written materials from you that relate to the
ACCJC/CCSF matter, please let me know immediately. I will advise you how you should respond ..."
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"You may be contacted by someone who says they are from a news agency or some other publication. In
such a case, do not discuss the matter with them but refer them to Barbara Beno at (415) 506-0234."
This memo is a direct attempt to cover up any wrong doing by the Commission. Later in June the ACCJC
went further in their attempt to stifle debate and discussion of their findings.
The ACCJC report on the CFT complaint was consistent with letters that I have received over time from
the ACCJC as described elsewhere in this document - misleading, ill informed, and generally
unresponsive to the concerns voiced. One new wrinkle for me is that the Commission did not respond
to my complaint/comment also filed on April 30, 2013 until May 31, 2013 and that was only a notice
that they received my follow-up question of why I had not received any reply. Clearly this is a
violation of their rules.
The Department of Education has directed the ACCJC to fully investigate the CFT charges.
Later in this paper I discuss specifically how the ACCJC has attempted to impose its values on faculty
union/district negotiations.
Letter to Chronicle of Higher Education by Commissioner Frank
Gornick
ACCJC Commissioner Frank Gornick responded to a Chronicle of Higher Education article that spoke to
the shock of CCSF faculty and students when learning of the action of the ACCJC to strip the college of
its accreditation. The article by Paul Basken noted that AFor the past year, the City College of San
Francisco worked hard to meet accreditation rulesCcutting its staff, retooling its management, and
winning critical new taxpayer support. A core part of its community, the institution appeared to many to
have done just enough to save its life. Instead, last week the Accrediting Commission for Community and
Junior Colleges slammed the door, saying the college simply isn't making ends meet and declaring the end
of its accreditation as of July 2014.@
Basken quoted Barbara A. Beno, in a letter announcing the Commission decision that “many of its staff
have worked very hard to move the institution forward@ but the college would “need more time and more
cohesive institutionwide effort to meet accrediting standards.” The ACCJC was unwilling to allow for the
needed time to meet the standards.
In an answer to the article Commissioner Gornick stated that AAs a member of the Accrediting
Commission for Community and Junior Colleges, I was surprised and disappointed by the article
describing the commission=s actions on City College of San Francisco and, particularly, the
characterization of our commission as AMs. Beno=s agency@ (AStunned by Accreditor, City College of San
Francisco Suddenly Faces Hard Choices,@ The Chronicle, July 7).@ He then went on to characterize the
commission as voluntary although it is the required accreditation agency for California=s community
colleges.
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Gornick then went on to claim that A In 2012, CCSF=s alignment with the standards had deviated to such a
degree that it was placed on show cause and required to describe why it should retain its accreditation.
The commission determined that CCSF had completely addressed only two of its 14 recommendations.
We were surprised to read that people were stunned about the commission=s decision when, in fact, the
college had seven years to make necessary changes. Anyone in the institution who was stunned wasn=t
paying attention.@
He then went on to state that AWe sincerely hope that CCSF, working with the California Community
College system and the City of San Francisco, will now address its challenges and reclaim its historic
position as a first-rate educational institution. We stand ready to work with all parties to accomplish that
goal.@ I am not sure Gornick was authorized to speak for the ACCJC as he seems to be in this reply.
Perhaps someone at the ACCJC helped him write the letter. In any case, Chancellor Gornick of the West
Hills Community College District certainly believes that his words reflect the thoughts of the ACCJC.
In a letter to the editor, Rick Sterling from Walnut Creek, California and a retired senior engineer at the
University of California at Berkeley and a close follower and astute commenter on what has been
occurring at CCSF responded to Gornick=s letter as follows:
AI wish to respond to the July 16 letter from Accrediting Commission for Community and Junior Colleges
member Frank Gornick regarding the decision to terminate accreditation of City College San Francisco in
2014 (AAnyone Stunned by San Francisco Decision >Wasn=t Paying Attention,=@ The Chronicle, July 16).@
AMr. Gornick says that in 2006 CCSF was found to be Anot in compliance@ with ACCJC standards. That
is not true. In 2006 CCSF retained full accreditation with no sanction (the college has never previously
been sanctioned). The accrediting commission gave six recommendations only. Coincidentally, that is
the same number of recommendations received in 2011 by Mr. Gornick=s college (West Hills
Coalinga). Would he say that his college is Anot in compliance@ because it received six
recommendations?@
AIn 2012 the accreditation commission went from no sanction on CCSF all the way to Ashow cause.@ This
was accompanied by fourteen recommendations. CCSF was given nine months () to respond to all of
these while simultaneously maintaining high teaching standards and trying to counteract the flood of
negative publicity and public confusion. All this while trying to recover financially after $53-million in
reduced state funding over the previous few years. As proof of CCSF=s standing in the community, a
whopping 73 percent of San Franciscans voted to increase property taxes to support the college.@
AMr. Gornick says he is puzzled that anyone could be stunned at the decision to terminate accreditation.
However it=s a safe bet that even members of the show-cause evaluation team were shocked, because
their report and evaluation contrasts significantly with the decisions of the accrediting commission.
Unlike Mr. Gornick=s commission, the show-cause evaluation team concluded that CCSF had
addressed all of the recommendations, four of them fully and the remainder partially or on the way
to full completion.@
AMr. Gornick claims that today CCSF is not Afiscally solvent,@ Aadministratively strong@ or Aacademically
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successful.@ In fact, prior to the accrediting-commission decision, the Board of Trustee passed a balanced
budget including a substantial reserve. As to the academics, CCSF is in the top tier of community
colleges. For example, in the important completion statistic, the rate for all community colleges is 49.2
percent, for West Hills Coalinga 52.3 percent, and for CCSF 55.6 percent. In the persistence
statistic, community colleges overall average 65.8 percent, West Hills achieves 60.7 percent, and
CCSF reaches 75.2 percent.@
AReaders can see from Mr. Gornick=s false assertions a little glimpse of what CCSF is dealing with on top
of everything else.@
It also brings into question whether the Commission fully understood the facts when they voted to refuse
accreditation to CCSF.
CFT Statement on CCSF Loss of Accreditation
The California Federation of Teachers will fight the decision to take accreditation away from CCSF. In
press release issued on July 3, 2013, the CFT explained that “The Accrediting Commission for
Community and Junior Colleges today ordered the closure of California's largest college and a beacon of
higher education in America’s most progressive and prosperous cities. The City College of San Francisco
(CCSF) serves 90,000 students and has produced the thousands of thousands of police officers,
firefighters, nurses and teachers who protect and serve our communities. This outrageous, ill-conceived
and unprecedented decision will have a harsh, immediate and irreversible impact on the academic future
of current students and will undermine the achievements of College alumni. “
They went on to state the following:
“We share the anger and disappointment of colleagues, dedicated professionals who have worked
tirelessly to build CCSF into one of the premier post-secondary institutions in the nation.
Make no mistake however; we will fight back.
At no point in the accrediting commission’s so-called assessment has anyone faulted the quality of
education our students receive.
This arbitrary and punitive action by the Commission, coming on the heels of numerous protests over its
illegal evaluation processes, serious conflicts of interest by its president and other representatives, and
violations of Federal and State law, reveals the extent to which the Commission is out-of-touch with its
primary mission, to recognize, and collaboratively assist colleges in meeting Federal requirements for the
benefit of their students.
The ACCJC has cultivated a climate of fear and intimidation throughout the entire community college
system. They have usurped the authority of the Chancellor’s office of the California Community College
system by involving itself in financial operations of the community colleges. Yet, efforts to raise
questions about their behavior and conflicts of interest have been followed with further sanctions against
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the institutions that have dared to speak out.
The CFT believes a robust, thorough, and transparent accrediting process conducted by qualified and
legitimate educators and one that engages the entire education community is critical to developing
workable short and long-term strategies for academic achievement.
Coercion and intimidation to impose its own top down and extremist philosophies on colleges have no
place in our schools or our democratic society. This most egregious example of a reign of terror has gone
unchecked by top-level system wide bureaucrats.
The CFT will continue to stand with the students, faculty and staff of CCSF. We will work to overturn
this unjust decision that threatens the entire City College community and colleges throughout California
and the western region.
The CFT Will Fight for Students, Faculty and Staff and to Maintain A Quality Public Education for
All “
Statewide Community College Chancellor Brice Harris July 3, 2013
Statement on Appointment of Special Trustee
On July 3, 2013 California Community College Chancellor Brice W. Harris issued a statement that
“"As chancellor of the largest system of higher education in the nation, I cannot sit by and allow this
institution, which serves 85,000 students, to close. After consulting with San Francisco Mayor Ed Lee, I
have determined that the best course of action to try to rescue City College is to appoint a special trustee
with extraordinary powers to help right the institution and position it for long term success. Under the
accrediting commission's appeal process, City College can appeal the decision and work over the next
year to address the remaining deficiencies identified by the commission. It is very important to note that
City College is still open and accredited and will accept new students for the fall term."
“The community college Board of Governors will approve a special trustee entrusted with the ability to
run the college in place of the elected Board of Trustees. The current Board will be in office but without
the power to act. The new special trustee will not be given the ability to nullify collective bargaining
agreements but would be able to negotiate new contracts. A major emphasis will be to strengthen the
fiscal administration of the college. The hope is that enough movement toward meeting the demands of
the ACCJC will be made before July of 2014 to allow CCSF to continue to operate as an accredited
college.”
In a video provided to the public on July 3, 2013, Chancellor Harris stated that CCSF has not done
enough to bring the college into compliance with the standards that the community colleges of California
agreed to operate under. He claimed that CCSF did not have the luxury of time to meet the requirements
required by ACCJC. Even though the college had made progress, Harris said that it had not made enough
progress to satisfy the ACCJC and thus the need to appoint a special trustee to replace the elected trustees
at CCSF. He asked that everyone in the college community work together in order to make the changes
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that would allow CCSF to continue to be accredited.
At the conclusion of the showing of Chancellor Harris’s video, he and Deputy Chancellor in the
California Community Colleges Chancellor's Office Erik Skinner received the following e-mail from
Barbara Beno:
“From:Barbara Beno
To:
Harris. Brice, Skinner. Erik
Subject:
Roll out
Date: Wednesday, July 03, 2013 5:30:49 PM
Dear Brice:
Beautiful job. Thanks for your video statement, and for all the rest. We are staying late, watching the
various news accounts. I think generally the news is letting people know that the college may survive,
with the right leadership. I look forward to watching your efforts.
Have a good weekend.”
I am not sure what Beno means when she says that with the right leadership the college may survive. I am
not sure what Harris is talking about when he says that “work over the next year to address the
remaining deficiencies identified by the commission.” The review procedure and the appeal procedure do
not allow any new information into the hearings. There are no planned visiting teams scheduled to visit
CCSF before the July 2014 deadline. There is no requirement for the ACCJC to consider their action
except in the review and appeal process. When and who would look to see what “improvements” the
“new leadership” would bring? By the way, the “new leadership” are the same people who were running
the show when the college was denied accreditation.
An-mail dated July 3, 2013 was sent from Beno to Scott-Skillman to Agrella stating:
“Dear Thelma and Bob,
Here is a copy of the action letter that was mailed today, certified, return receipt.
Sincerely,
Barb”
This was referring to the appointment of a special trustee (Agrella).
Current CCSF Board of Trustee member Rafael Mandelmann opposed the appointment of a Special
Trustee: “Now I’m sure that the State Chancellor is a well-meaning man, but the fact is that his people
have been in charge of the college for nearly a year, with the elected Board deferring to their direction on
all matters. The problem is not the elected Board, or the State Chancellor, or an excess of democracy at
the College. The problem is the ACCJC.”
Parallel to Compton College
The Commission review letter in the case of the denial of accreditation at Compton College does not give
much hope for a solution in the arena of Commission Review. As in all of their letters, the level of sheer
arrogance and intransigence on the part of the Commission is nothing short of shocking. It is possible that
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an appeal to the ruling could serve a purpose although the appeal board is appointed by the ACCJC. If it
chooses people that have already drunk the Kool Aid, it may be that the appeal is also denied. This will
leave the Department of Education to act or the college or the CFT takes the case to court.
The setting up of a Special Trustee to run the college is exactly what was done in Compton. In Compton,
the Commission actually used the fact of the Special Trustee to assert that the College did not have a
functioning board and was thus in violation of Standard One and deserved to have their accreditation
removed. The Fiscal Crisis and Management Assistance Team (FCMAT) was called in to look at the
financial situation in San Francisco and it was also involved in tearing the college down in Compton. In
San Francisco the FCMAT team found what they believed to be problems with a general lack of fiscal
controls which make the college vulnerable to fraud although no fraud was found. Also decision which
affect the college’s finances are of made in order to keep peace in the college. The lack of institutional
memory due to the rapid turnover of administrative staff was also mentioned.
Comments Before the California Community College
July 8, 2013 CFT Remarks to the Board of Governors
“Board of Governor’s Public Meeting Regarding Agenda Items AA
July 8, 2013
Comment of Monica Henestroza, Legislative Director, CFT
on behalf of the California Federation of Teachers, AFT, AFL-CIO
Good afternoon: My name is Monica Henestroza and I am appearing on behalf of the California
Federation of Teachers (CFT) regarding Agenda Item AA involving creation of a special trustee at the
San Francisco Community College District. I ask that my written comments, which I will provide to the
Board, be made a part of the record of this proceeding.
The CFT and the American Federation of Teachers (AFT) local 2121 vehemently oppose the decision of
the Accrediting Commission for Community and Junior Colleges (ACCJC) to deny accreditation to the
City College of San Francisco (CCSF) effective July 2014.
This punitive action by the Commission denying accreditation to CCSF, coming on the heels of numerous
protests over serious conflicts of interest by the Commission’s president and other representatives, and
violations of Federal and State law, reveals the extent to which the Commission is out-of-touch with its
primary mission of working collaboratively with member colleges in order to assist them in meeting
Federal requirements for the benefit of their students.
The Commission needs to be opened up to a rigorous and thorough review of their approach to the
accrediting process by our elected leaders and the government bodies responsible for overseeing the
Commission. ACCJC’s decision to terminate CCSF’s accreditation is certainly its most appalling
decision, but the entire California community college system has been victimized by the high-handed,
arbitrary and vindictive approach that has characterized the work of the Commission under its current
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leadership for the last decade.
Although we applaud Chancellor Harris and the Board of Governors for taking steps to appeal this unjust
decision, we have both doubts and questions about the actions being taken today. Most notably, in the
case of disaccreditation of Compton Community College District, the ACCJC determined that the College
was in violation of Standard One because it did not have a functioning board of its own. In affirming its
2005 disaccreditation of Compton, the Commission specifically relied on the continued appointment of a
special trustee to disaccredit, writing:
‘The Commission notes that the Chancellor chose to extend [the authority of the special trustee] in June
2005 rather than returning the operations of Compton to its Board of Trustees.’
Ultimately, we have a tremendous level of skepticism that the accreditation climate for California
community colleges can normalize or that the educational futures of the Bay Area’s deserving students
can be restored as long as ACCJC is allowed to continue operating with its current leadership and no
effective oversight.
Since last summer City College has turned itself upside down to address the ACCJC’s demands. Much
has been achieved, but still CCSF, which has served so many so well, is now facing extreme risk of a
completely unnecessary closure. More than 80,000 students would be denied access to the quality
education CCSF provides.
We are additionally concerned that today’s action by the Board of Governors will contribute to significant
downward pressure on this fall’s enrollment. Without aggressive community outreach and a
comprehensive public relations plan geared to bolster enrollment -- something the administration over the
last year failed at miserably -- a downward spiral of enrollment decline followed by loss of funding
leading to shrinking the number of course offerings and then fewer students, etc., could ensue.
We hope that in the days and weeks ahead we will witness a new commitment to openness, transparency
and accountability that will lead to a real inclusive process allowing for the many dedicated people at the
college and throughout the Bay Area to lend their support and participate in a process of renewal and
rebuilding of this vital California resource.
The CFT and AFT 2121 believe a robust, thorough, and transparent accrediting process conducted by
qualified and legitimate educators -- and that engages the entire education community -- is critical to
develop workable short and long term strategies for strengthening academic achievement.
We want CCSF to be an even stronger, better college. And we want an Accrediting Commission that
follows state and federal law and its own policies and procedures and that works in partnership with its
member institutions.”
Dean Murakami, representing FACCC, called for the recognition of the need for a functioning Board of
Trustees at CCSF using the example of Compton College when the State Chancellor appointed a Special
Trustee to run the district.
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Jim Mahler, president of the CFT Community College Council, recommended that the Board of
Governors not pass the motion at this meeting. This would leave time to fully consider the effect of this
move on the accreditation of CCSF.
Richard Hansen of the California Community College Independents supported the other speakers and
backed up the point regarding the hard work done by the faculty at CCSF. A student spoke in favor of not
acting on the motion at this meeting but give time for students to be represented.
Scott Lay of the CCLC spoke in favor of the motion. He did not feel that it attacked the autonomy of local
districts.
The six members of the Board of Governors present voted in favor of the motion to add language to
regulations which allow for the appointment of a Special Trustee. The Board of Governors lawyer stated
that the new language could also allow the Board to appoint a Special Trustee for a college on any level of
sanction. Since the change is an emergency change it will come back at the next Board meeting for first
reading and could be changed at that point.
A number of speakers including CCSF Trustees, faculty, and students from CCSF spoke against turning
the college over to a Special Trustee. They outlined the positive changes that have been made at CCSF in
the last year as well as the high quality education that is offered at the college. The Board then approved
the appointment of a Special Trustee for CCSF.
Chancellor Harris suggested that the Special Trustee will appoint a permanent Chancellor for CCSF at
least by October of 2013. He stated that it will also be important to appoint other permanent
administrators at CCSF. Bob Agrella, the current Special Trustee, will be appointed to be the new Special
Trustee. How long he will be in the position is not known at this time. Chancellor Harris and his team will
have daily interaction with Agrella.
Statewide and CCSF Student Success Scorecards 2014
The California Community Colleges Board of Governors has established a performance measurement
system that tracks student success at all 112 community colleges. The data is an attempt to tell how
colleges are doing in various areas and with various student populations. The data is broken into four
main categories:
COMPLETION RATE The percentage of first-time students with a minimum of 6 units earned who
attempted any Math or English in the first three years and achieved any of the following outcomes within
six years of entry: Earned AA/AS or credit Certificate (Chancellor’s Office approved); Transfer to fouryear institution (students shown to have enrolled at any four-year institution of higher education after
enrolling at a CCC); Achieved “Transfer Prepared” (student successfully completed 60 UC/CSU
transferable units with a GPA >= 2.0)
PERSISTENCE RATE The percentage of first-time students with minimum of 6 units earned who
attempted any Math or English in the first three years and enrolled in the first three consecutive primary
Page 92
semester terms (or four quarter terms) anywhere in the CCC system.
30 UNITS RATE: The percentage of first-time students with a minimum of 6 units earned who
attempted any Math or English in the first three years and earned at least 30 units in the CCC system.
REMEDIAL PROGRESS RATE (MATH, ENGLISH, ESL) : The percentage of credit students who
attempted a course designated at “levels below transfer” in: Math and successfully completed a collegelevel course in Math within six years;. English and successfully completed a college-level course in
English within six years; ESL and successfully completed the ESL sequence or a college-level English
course within six years.
2014 Student Success Scorecard Metrics
Completion
Statewid CCS
e
F
Over
Overall
all
Cohort
Female
Male
Under 20
years old
20 to 24
years old
25 to 39
years old
40 or more
years old
AfricanAmerican
American
Indian/Ala
ska Native
Asian
Filipino
Hispanic
48.1%
49.2%
46.9%
50.9%
37.2%
35.2%
33.9%
37.5%
56.0
%
57.8
%
54.1
%
59.2
%
53.8
%
48.6
%
34.0
%
32.7
%
51.1%
40.0
%
68.5
%
41.7
%
39.1%
40.6
37.6%
65.7%
Persistence
Statewid CCS
e
F
Over
Overall
all
70.5%
71.0%
70.1%
71.4%
63.6%
67.5%
73.1%
64.5%
78.1
%
79.3
%
77.0
%
78.7
%
79.8
%
71.8
%
79.2
%
69.0
%
72.4%
60.0
%
87.8
%
69.4
%
69.3%
74.2
65.0%
74.4%
Page 93
30 Units
Statewid
e
CCSF
Overa
Overall
ll
66.5%
67.1%
65.9%
68.2%
58.0%
60.1%
60.1%
56.1%
73.6
%
74.3
%
73.2
%
75.1
%
75.3
%
67.1
%
61.3
%
53.6
%
69.2%
53.3
%
83.8
%
66.7
%
63.2%
66.6
61.9%
73.2%
Remedi
al
Statewid CCS
e
F
Over
Overall
all
27.1%
27.8%
26.2%
48.8%
38.4%
20.4%
11.6%
24.9%
17.9%
58.3
%
60.6
%
54.6
%
70.2
%
68.6
%
50.3
%
37.7
%
53.8
%
29.9%
NA
63.5
%
34.1
%
16.9%
41.1
36.4%
Pacific
Islander
White
42.7%
52.5%
Source: California
Community Colleges
%
%
%
25.6
%
57.3
%
59.0
%
74.5
%
56.4
%
70.2
%
68.6%
71.7%
62.3%
69.0%
%
28.7%
31.1%
0.0%
59.3
%
As one can see from the chart below, City College of San Francisco (CCSF) exceeded the statewide
totals in almost every category. Clearly, by this measure of actual achievement of its students, CCSF is a
highly rated community college.
Page 94
CFT Complaint to Department of Education July 26, 2013
On July 26, 2013 the California Federation of Teachers filed a complaint with the Department of
Education and the ACCJC based on the ACCJC’s and the Department of Education’s responses to an
amendment to the CFT earlier complaint. The amendment to the original complaint contained, in the
words of the CFT, “charges of various new violations of Federal Regulations that had occurred since the
filing of the April 30 complaint. Among these charges was the allegation that “ACCJC's new policy to
shred documents related to institutional evaluations was a violation of their duty to maintain complete
and accurate records of institutional evaluations and reviews as prescribed by 34 CFR 602.15(b).” The
ACCJC claimed that the amendment was untimely. The CFT wrote that “We appreciate the DOE's email
of July 23, indicating that the ‘Amendment’ submitted by CFT and AFT 2121 dated July 1, 2013 will be
considered in connection with DOE's review of ACCJC for re-recognition. We understand that DOE
practice is not to accept "amendments." Nonetheless, we feel the issues raised in the Amendment are
sufficiently serious so as to merit the filing of a separate Complaint incorporating the substance of
the Amendment. Our conclusion is furthered because of the letter from ACCJC dated July 16, 2013, in
which ACCJC asserts that the CFT's July 1, 2013 complaint was "untimely." It was not "untimely." We
believe that ACCJC's unwarranted rejection of the July 1 complaint as "untimely" evidences the
Commission's practice of refusing to respond to complaints as Federal regulations require.”
The July 26th CFT complaint added one new complaint to those submitted on July 1, 2013. The new
claim is that “ACCJC has violated and continues to violate 34 CFR section 602.23(c)(1), by failing to
review in a ‘timely, fair and equitable manner’ the ‘Amendment’ Complaint filed against it by the CFT
and AFT Local 2121 on July 2, 2013, the same "amendment" submitted to the ACCJC.”
ACCJC Information to the Field - July 2013 – An Unlikely Story
Without mentioning the July 1, 2013 amendment to the CFT complaint, the ACCJC sent out the
following:
“DATE: July 26, 2013
TO: Chief Executive Officers of ACCJC Member Institutions
CC: Accreditation Liaison Officers
SUBJECT: Additional Information from CFT Complaint
The Commission wishes to respond to all elements of the complaint against ACCJC filed by the
California Federation of Teachers and others (CFT). The Commission Executive Committee's May 30,
2013 response to CFT focused on, and addressed, the substantive claims made in the complaint. The
Commission has now developed information concerning the other claims in the complaint, which is
presented in a document titled “Additional Information from the CFT Complaint.” The document
discusses these other elements in the CFT complaint and the basis for the Commission's earlier
determination that they were not material or that they did not accurately present or describe ACCJC
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policies, procedures, purposes or actions.”
The July response (“Additional Information Pertaining to Executive Committee Report on the CFT
Complaint.”) was in response to the Department of Education demand that they answer the CFT
complaint more fully than they had in their earlier seven page reply (although they did not admit that to
the persons who received the note). In any case, the new report followed earlier replies to complaints with
a series of vague and often misleading comments. Of course some of the replies are statements such as
“For approximately 50 years of ACCJC accreditation practice in the Western Region, recommendation
has been the term that refers to both the citation of standards - Eligibility Requirements (ERs),
Accreditation Standards (Standards), and Commission policies, (together commonly referred to as
standards) - about which action is taken, and to the recommendation for how an institution can address
the issue raised. Recommendations stem from the findings, analysis and conclusions in a team report,
wherein the team identifies the college's deficiencies in meeting standards. “This misses the point made
by CFT that “recommending” and “demanding” are two different things. The use of the word “can” does
not equate to the word “must.”
An interesting comment in the report comes in the context of “recommend”: “Recommendations from the
ACCJC are of two types: either ‘to meet the standard’ or ‘to increase institutional effectiveness’.
Recommendations to meet the standard are given when the institution has a deficiency in meeting
standards. Recommendations to increase institutional effectiveness (to improve) are given when the
institution may meet the level of a particular standard, but additional effort would bring the institution to
closer alignment with expectations of institutional effectiveness.” I am not sure where this distinction
appears in the ACCJC policy or whether many colleges are aware of this distinction. It certainly does not
appear in the letters to the colleges regarding the decision on the college accreditation.
The report goes on the state: “In most ACCJC comprehensive evaluation reviews, some deficiency in
meeting standards is found. Institutions are required to address all recommendations and to demonstrate
they have come into compliance with standards. When the deficiencies rise to a particular level of
concern, a sanction is assigned in accordance with the Policy on Commission Actions on Institutions.”
This is a strange statement given the often made comment in the letters to the college that “I wish to
inform you that under U.S. Department of Education regulations, institutions out of compliance with
Standards or on sanction are expected to correct deficiencies within a two-year period or the Commission
must take action to terminate accreditation. X College must correct the deficiencies noted or the
Commission will be required to take adverse action.”
The report has the interesting statement that “Beginning in 2008, the ACCJC shifted its interpretation of
this regulation. Whereas prior to that time, the Commission had applied the regulation to deficiencies
noted as a part of a sanction, it was clarified during the 2007 U.S. Department of Education recognition
review of ACCJC that regulatory intent was for the language "not to be in compliance with any standard"
to apply to all deficiencies in compliance with standards. Further, the time requirement for an
institution to "come into compliance within a period not to exceed two years" began to run when the
deficiency was first noted as such.” The problem here is whether there are any “deficiencies” if a college
is not given any sanction. This is what happened at City College of San Francisco when it received
accreditation year after year and then suddenly was to be held to suggestions made by a visiting team
many years before.
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I was also interested in the statement “As mentioned in the CFT complaint, there is a regulatory provision
for a good cause extension of the two year limit for an identified deficiency. However, the good cause
extension is far from an entitlement; it is applicable in limited circumstances, such as when the deficiency
will be fully resolved upon an action by an external body which has the authority to do so.” Again CCSF
comes to mind given their good faith effort to meet demands under the short time-line allowed. Given
time the Visiting Team report indicated that the so-called “short comings” would be corrected.
The above statement when combined with the often made statement that “The recommendations
contained in the Evaluation Report represent the best advice of the peer evaluation team at the time of the
visit, but may not describe all that is necessary to come into compliance. Institutions are expected to
take all action necessary to comply with Eligibility Requirements, Accreditation Standards, and
Commission policies” is in direct conflict with the recognition that many colleges are out of compliance
but still maintain accreditation - often without any sanction at all. This is an example of one possible
cause of the lack of consistent decisions made by the Commission. The “may not describe all that is
necessary to come into compliance” directly contradicts the need to advise colleges of a requirement to
make changes.
The July reply to the CFT complaint lays out what the Commission believes are the issues raised by the
CFT and the order of the reply:
“The voluminous materials provided by CFT carry several themes that are repeated multiple times
through the complaint. This Additional Information document is organized into six sections as follows:
 Thematic Misinterpretations
1. Recommendations
2. Graduated Sanctions
3. Impartial Teams
4. Peer Evaluators
5. External Standards
6. Two-Year Rule

Erroneous Claims
1. Lack of Commission diligence in reviewing institutional materials
2. Differing application of standards.
3. Conflict with state law and regulatory requirements.
4. Inappropriate practice as demonstrated by statistics.
5. Improper Advocacy by ACCJC.
6. Adversity to unions by ACCJC.

Conflict of Interest
1.
Inaccurate Underlying Assumptions
a.
The action letters show Barbara Beno's opinion of CCSF.
b.
Barbara Beno is a key actor in the decision-making of the Commission.
2.
General Conflict
3.
Spousal Conflict
4.
Revealing Confidential Information
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5.
Advocacy Conflict
Application and Enforcement of Standards with Respect to Mission
1.
Inaccurate Underlying Assumptions
a.
There was no confidential recommendation from the team.
b.
The Commission inappropriately applied a new standard when considering the
CCSF financial requirements.
c.
There are improprieties in the sanctioning of CCSF for not pre-funding Other PostEmployment Benefits (OPEB) liabilities through an irrevocable trust.
d.
CCSF was found deficient because it obtains grant funding.
2.
Due Process is a control against bias, conflict of interest, and misapplication of standards
 Events Since the CFT Complaint was Filed in April, 2013

I am sure that the CFT will file a reply to the ACCJC comments on how wrong the complaint is. I will
add their comments when they are released. In the meantime, I have the following comments on a few
aspects of the ACCJC “reply.”
Most of the “evidence” presented is a statement that says that the Commission does things correctly. As
an example of this type of argument: “The ACCJC does not follow a practice of graduated sanctions. In
accordance with its Policy on Commission Actions on Institutions, the Commission reviews the status of
an institution in meeting ERs, Standards, and Commission policies and, in cases when it is warranted,
assigns a sanction that best reflects the institution's standing relative to compliance with standards. While
it is not common for the situation of a college to have significantly declined since the previous external
evaluation, there have been instances when the ACCJC has found serious deficiencies in meeting
standards where previous indications had been an institution was aligning itself to standards. In like turn,
institutions which have been on a serious sanction may come into full compliance with standards by the
next external review and are removed from any sanction, rather than somehow having to ‘move down the
sanction ladder." How is one to determine if the above claim is true? The discussion and decision of the
Commission is made in secret and the participants are sworn to secrecy. Where is the evidence that they
proceed in compliance with their policy? How can we judge when a sanction is warranted if we do not
know what happened in the secret sessions?
Secrecy about how decisions are actually made by ACCJC is the name of the game as indicated by the
statement that “One of the hallmarks of ACCJC accreditation practice is that Commissioners do not act
solely to ratify team reports. Instead, institutional reports and evidence, previous reports and action letters,
and testimony and documentation provided by the college Chief Executive Officer, as well as the team
reports and recommendations are reviewed and considered by the Commission before it takes action on
the accredited status of institutions. It should be noted that these same voluminous review materials,
comprising multiple copies of the originals held securely on file by the ACCJC, must be collected and
shredded upon conclusion of each meeting.” No one could read all of the material for 21 colleges! How
does one know which Commissioners vote on a sanction and how much these Commissioners have
actually studied the documents? How does one challenge the sanctions if the records are shredded?
Here is the type of answer given to serious charges: “Institutional evaluations are conducted by peer
evaluators who are professionals in the field. They apply standards consistently and fairly to all
institutions.” How is this even possible given all the various teams and the sometimes limited training the
teams receive? How does one determine that this statement is true when peer evaluators are told not to
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disclose any information on what happened during the working of the Visiting Team nor disclose what
the Visiting Team recommended for a sanction level?
Another: “While institutions under review may have deficiencies in complying with one or more
standards that another institution under review also has, the combination of deficiencies and the level of
impact on an institution will vary. Consideration of sanctions is based upon the individual case of an
institution given all of the deficiencies and related evidence. This practice is appropriate to the review
of an institution's accredited status and does not demonstrate an inappropriate disparity of approach
toward certain institutions.” In short, ACCJC is judging that their practice is “appropriate” and does not
lead to inconsistency of application of standards. On the basis of the above quote, inconsistency of
application is inevitable. This inconsistency is a violation of 34 CFR 602.18.
And another claim without evidence: “Not all deficiencies result in sanctions. Most colleges will have
citations to limited deficiencies in recommendations as a part of their review. However, when the level of
deficiencies has warranted a sanction, the sanction has been issued.” How can this be proved when the
process of issuing sanctions is done in a cone of silence? As I learned early in life, “saying something is
true doesn’t make it true.” And saying something is true doesn’t prove it is true.
The report also includes suggestions from the Council of Higher Education Accreditation (CHEA) on
how to answer the critics of the United States method of using private self-appointing accrediting
agencies to determine when colleges shall receive sanctions or be shut down. The purpose of CHEA is to
provide national advocacy for the current mode of accreditation in the United States. It is dedicated to
defeating any attempt by Congress to develop a European-style governmental based accreditation system
in the United States. The report from the ACCJC incorporates the CHEA argument that is then used to
speak out against those who would criticize aspects of the current accreditation format.
The report makes the claim that Barbara Beno has no role in the determination of the level of sanction
imposed on colleges. The report states that “Over her tenure as Commission President, Dr. Beno has
signed more than 500 letters, entailing several communications to each of the ACCJC member
institutions. While this activity has resulted in her familiarity with the accredited status of the member
institutions, the letters are not a reflection of her views of any institutions but instead document the
actions of the Commission as to the institutions, and the Commission's directions for information to be
included or emphasized in the action letters.
The member institutions are aware of this role (communicating the Commission actions) of the
ACCJC President, and are aware the letters are not the President's own views reflected in writing.
Team members invited to participate in external evaluation visits are aware of this role of the ACCJC
President, and are aware the letters reflect the decision of the Commission.” It is interesting that none of
the people that I have spoken to, either on teams or on the campuses, understands that Beno does not play
a decisive role in the decision making of the Commission. As an example, college presidents have
described to me how Beno has called them directly and demanded that they make certain changes.
The report goes on to make the remarkable statement that “As President of ACCJC, Barbara Beno holds
an important position as spokesperson for the Commission, as manager of the accrediting agency, and as
implementer of accrediting activities. However, her role does not include participation in the
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Commission's decisions on the accredited status of institutions. She and her staff are present during
Commission deliberations in a support capacity: supporting meeting logistics, taking notes of
Commission actions, locating and identifying specific portions of reports or evidence when called upon
by Commissioners, referring to Commission policies and procedures when questions arise, responding to
requests of the Commission Chair, and ensuring the process follows an orderly progression to its
conclusion. Neither the President nor other staff participate in the discussions of evaluative content,
nor do they vote in actions on institutions. The Commission decisions are based upon the Commission's
examination of an institution's self-evaluation report and evidence, the team report and recommendations,
and previous reports since the last comprehensive evaluation, if any. The Commission also considers any
supplemental information presented by the institution's CEO, and the confidential recommendation of the
team as to a disposition of the review. The ACCJC President's role does not include any participation
in the actions on institutions.” I do not believe that the above statement is true. I am sure that it will
come out in the testimony of the Commission members before the Department of Education that the
above statement is not true. The statement contradicts everything that is known about the operation of the
Commission in determining sanction levels.
One last note for all colleges to understand: “It should be noted that ACCJC has not sanctioned CCSF for
failure to pre-fund its OPEB liability through an irrevocable trust. Additionally, it has placed no
obligation or burden on CCSF to utilize an irrevocable trust.”
Accreditation Group finds ACCJC out of compliance – August 13, 2013
On August 13, 2013 Kay Gilcher, the Director of the Accreditation Group of the Office of Postsecondary
Education, wrote to Barbara Beno informing her that “the Accreditation Group has found that some
aspects of the agency's accreditation review process do not meet the Secretary's Criteria for Recognition.
Specifically, the Accreditation Group has determined that the ACCJC is out of compliance with , 602.15
(a)(6), 602.18(e), and 602.20(a) of the Secretary's Criteria for Recognition.” This was in response to
complaints filed by the CFT, myself, and six others. The 34 CFR sections noted are some of the same
ones that I have noted.
The Accreditation Group did not go into other possible violations that were not directly related to the case
of City College of San Francisco. However, Gilcher pointed out that “The Department noted other issues
raised in the complaints submitted and considered those in the course of its review. To the extent issues
identified by the staff from the complaints have not been discussed above, they are issues which the staff
concluded were either not related to the Secretary's Criteria for Recognition or were found to be
compliant with the Secretary's Criteria for Recognition within the context of this review. As the agency
has submitted a petition for recognition to the Department, a complete review of all sections of the
Secretary's Criteria for Recognition will be conducted in that context and it is possible that areas of noncompliance could be found that were touched on in the complaints but not identified as such by the
staff in reviewing the complaints.” An example of such an issue might be the clear inconsistency in
application of policy when giving sanctions. This is a violation of 34 CFR 602.18.
The Accreditation Group (which reviews accreditation agencies for compliance with the rules of the U.S.
Department of Education) found that the ACCJC had failed to comply with Criteria for Recognition in
Page 100
four basic areas:
The first related to the ACCJC’s lack of adequate faculty representation on the Visiting Teams for City
College of San Francisco and the lack of clarity regarding the composition of visiting teams in ACCJC
policy. The letter called for more faculty on the Visiting Teams in accordance with federal requirements.
In fact, as stated in the Gilcher letter: “The agency does not have a specific policy on the composition of
on-site evaluation teams.” The lack of adequate representation on Visiting Teams has been present
on most Visiting Teams as I have noted in this paper. This is a violation of 34 CFR 602.15.
The second failure to comply related to conflict of interest requirements. The Accreditation Group found
that the presence of Beno’s husband on the CCSF visiting team had “the appearance of” a conflict of
interest which violates national standards. The Accreditation Group also raised issues regarding the
propriety of Commission members and staff representation on Visiting Teams. This has been an issue
not just at CCSF but also on many college visiting teams. This is a violation of 34 CFR 602.15.
The third violation related to the agency statement that has two types of recommendations - “to meet the
standard” or “to increase institutional effectiveness.” The letter went on to state that “what is not clear
is how the recommendations are differentiated between those two types and how an institution, an
evaluation team, the Commission, or the public is to know the difference.” The truth is that they do not
understand the difference. This also speaks to the inconsistency of judgments made by the ACCJC.
This is a violation of 34 CFR 602.18.
The letter from Gilcher went on to point out that “In the Executive Committee report of the agency's own
review of the CFT complaint, the agency states the following: ‘It is accurate that the 2006 Report found
that the institution met sufficient numbers of standards to have its accreditation reaffirmed. However, the
2006 report also included eight "major recommendations." When the Commission met and considered the
2006 Report at its Commission Meeting on June 7-9, 2006, it considered two of the "recommendations" to
be serious enough to require that the institution take corrective action and provide the Commission with a
Progress Report.’ And, later in the same section of the report: ‘The Evaluation Report (the "2012
Report") of the team that visited the institution in March of 2012 documented that, between 2006 and
2012, the situation at CCSF had deteriorated dramatically, and many of the areas which were noted only
as "recommendations" in the 2006 Report had deteriorated to the extent that they had become serious
deficiencies in 2012.’
“This summary alone reflects the difficulty to ascertain what a recommendation represents- an area of
noncompliance or an area for improvement.” This has been the case in many colleges in addition to
CCSF as pointed out in this paper.
The fourth violation cited also involved the different uses of the term “recommendation” by the ACCJC.
Again it is not clear when they mean that a college has a deficiency in meeting a standard or that the
college meets the standard but could use additional effort in the area. If it is the first, the two year
rule applies. If it is the second, it does not apply as no “deficiency” has been found. The ACCJC is not
consistent in the application of the word “recommendation.”
The Accreditation Group pointed out that “it appears that the Commission continues to implement the
Page 101
required enforcement timeframe only after the agency has imposed a sanction on an institution.” At
that point they give two years to implement the change back to the time of the first mention by a visiting
team.
“In its response, the agency states that the recommendations included in the 2006 Commission action
letter to CCSF to reaffirm the institution's accreditation and require a follow-up report needed to be
resolved within a limited timeframe. As excerpted above, the Commission considered two of the
recommendations ‘serious enough’ to require interim reports (a progress report in 2007, a focused
midterm report in 2009, and a follow-up report in 2010). And, the agency stated in the 2012 Commission
action letter to CCSF that part of the reason for the show cause order was the failure of the institution to
correct areas of noncompliance cited in 2006. The agency cannot treat an issue serious enough to
require reporting and to be part of the rationale for a show cause order, but not serious enough to
enforce the timeframe to return to compliance, as required by federal regulation.” “The Commission
has not demonstrated appropriate implementation of this regulation.”
In conclusion the letter states that “The Department finds that ACCJC does not meet the requirements of
the sections cited above. Section 496(1) of the Higher Education Action of 1965, as amended, 20 U.S.C.
§1099(b)(1), requires the Department to initiate adverse action when it determines that a recognized
accrediting agency fails to meet the Criteria for Recognition. Alternatively, the Department may allow the
accrediting agency a limited timeframe, not to exceed 12 months, to come into compliance. Therefore, we
have determined that in order to avoid initiation of an action to limit, suspend or terminate ACCJC’s
recognition, ACCJC must take immediate steps to correct the areas of non-compliance identified in this
letter. Please provide your response to the specific sections in this letter, within your response to the draft
staff analysis of the agency's petition for recognition to the Accreditation Group.”
ACCJC Press Release of August 13, 2013
The ACCJC responded to the Accreditation Group decision with the usual disdain that they show toward
any complaint filed against them. The press release stated that “The ACCJC is provided an opportunity to
respond to the Department's review of information and documentation during the recognition process
later this fall, and will be doing so. There will be some correction of errors of fact, and some provision of
explanatory information.”
“It also appears the Department has developed a new requirement that is not included federal regulations
or in the Guidelines for the Secretary's Recognition of Accrediting Agencies. The letter suggests that
accreditors must ensure "reasonable representation" of academics and administrators on evaluation
teams, in terms of the number of each on a team. The Department's directions to accreditors remain
vague, and will require clarification.” They say this without regard to the vagueness of their policy and
applications of policy illustrated in the Department’s findings above.
The Commission continues to defend its use of the word “recommendation” as sometimes meaning a
“deficiency” and at other times just a suggestion to improve.
Then the ACCJC claims that “The Department's letter suggests the need for possible revisions of ACCJC
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policies or procedures as follows:
Definition of "reasonable representation" of academics and administrators on evaluation teams.
Added conflict of interest policy language prohibiting spouses of Commission staff or
Commissioners from serving on evaluation teams.
Helping the public and others understand that recommendations provided by the Commission to
member institutions stating "in order to improve, the college should take certain actions" are different
from recommendations stating "in order to meet the standards, the college should take certain actions."
Not only are revisions necessary but the ACCJC should also suspend all of their current sanctions
that were soiled by the ACCJC violations and redo them in accordance with federal standards.
Finally the ACCJC notes that it will take its pound of flesh by looking at terminating colleges earlier “in
future reviews of institutions in the Western Region.”
The letter concludes with “The Commission will be responding formally to the Department's letter and
will, of course, make necessary policy changes to appropriately address the Department's concerns. The
ACCJC response to the Department's findings will be submitted as part of its recognition review with the
National Advisory Committee on Institutional Quality and Improvement in December 2013.” The
mention of the National Advisory Committee on Institutional Quality and Improvement is their attempt to
tell the Accreditation Group that they may not have the final word on the fate of the ACCJC. There is
clearly no limit to the ACCJC’s belligerence.
Letter from AFT Local 2121 to Scott-Skillman and Agrella
In the days approaching the deadline for CCSF to file their review of the disaccreditation of CCSF many
of the CCSF community were waiting to see what the administration was going to file. Both Special
Trustee Agrella and Community College Chancellor Brice Harris had promised that the process would be
transparent.
On August 15, 2013 the CCSF Faculty Union (AFT Local 2121) wrote to Interim Chancellor Thelma
Scott-Skillman and Special Trustee Robert Agrella regarding the lack of contact by the administration.
The union noted that they were surprised that they had not been contacted since “we have already filed a
lengthy complaint against the ACCJC, and have information concerning the actions of the Commission,
which is relevant to the College's request for review.
In particular, we received on August 13, 2013 the results of the United States Department of Education's
(US DoE) review of the Complaint. The US DoE found that the 2012 review by ACCJC, which led to
Show Cause status and subsequently disaccreditation was fatally flawed.”
The letter from the union continued by laying out some information that it felt was relevant to the review:
“In particular, we received on August 13, 2013 the results of the United States Department of Education's
(US DoE) review of the Complaint. The US DoE found that the 2012 review by ACCJC, which led to
Show Cause status and subsequently disaccreditation was fatally flawed.”
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“The evaluation team, which the ACCJC staff - headed by President Beno - appointed for City College of
San Francisco in 2012 was invalidly constituted. This is because Ms. Beno's husband was placed on the
team. The US DoE agreed this was a conflict of interest, which violated Federal regulations 34 CFR
602.15(a)(6). The conclusion that the Commission does not meet the Secretary's criteria means the team's
evaluation was prejudiced by her husband's involvement in the assessment of CCSF and consequently the
Evaluation Team Report should be considered null and void. There was no valid team evaluation for the
Commission to rely on. The Commission's decision to place CCSF on Show Cause sanction is therefore
itself null and void.”
These violations go to the legitimacy of the evaluation team and the subsequent actions of the
Commission.”
“If that conflict is not enough, the team was also invalidly created because it lacked sufficient educators.
There were only 3 faculty members on the team out of a total of 17 members. In appointing this team
without sufficient faculty educators, ACCJC's staff, headed by Ms. Beno, did not comply with Federal
law.”
“And if that wasn't enough, the team and the Commission both erred in penalizing CCSF because the
ACCJC had not clearly informed CCSF prior to July 2012 that it had deficiencies. This violated 34
CFR 602.15a (3). In 2012, the Commission wrongfully relied on the existence of these alleged
deficiencies to issue Show Cause, and later disaccreditation. Had CCSF been promptly notified of
deficiencies, if they existed, in 2006, ACCJC was duty-bound to give it two years to correct them. ACCJC
did not give this two-year notice, more proof there were in fact no deficiencies. The US DoE correctly
found that ACCJC failed to give proper notice or due process to CCSF.”
“The ACCJC's violations, confirmed by the DoE, mandate that accreditation be fully restored, and that
the sanctions of Show Cause and Disaccreditation be rescinded.”
The union then requested that the request for review include the CFT complaint to the Department of
Education and the follow-up letter from the Department of Education.
The union also requested that CCSF’s reasons for review include the following grounds:
1. Errors or omissions in carrying out prescribed procedures on the part of the evaluation team and/or
Commission which materially affected the Commission's decision, including but not limited to the
following;
 There was no basis for Show Cause, as demonstrated by the CFT's Complaints to the ACCJC and
DOE, and the USDE letter.
 Show Cause was invalid because of the violations set forth in the Complaint and those found valid
in the USDE letter.
 The decision of the USDE, issued August 13, 2013, confirms that the evaluation teams created by
the Commission for the Show Cause review in 2012, and the subsequent Show Cause review, were
created in violation of the DOE's regulations, and hence their decisions were invalid and both
Show Cause and Disaccreditation decisions must be reversed.
 As set forth in the Complaint, the ACCJC's actions in placing CCSF on Show Cause were in
violation of law, and there was no basis for a Show Cause review in 2012-2013.
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2. There was demonstrable bias or prejudice on the part of one or more members of the evaluation team
or Commission, which materially affected the Commission's decision, including but not limited to:
 Insufficient faculty and mix of educators on the 2012 team and the 2013 Show Cause evaluation
team.
 Inclusion of Yulian Liguoso, a trustee of the Community College League of California (CCLC)
Retiree Health Benefits JPA, on the 2012 Show Cause team, due to conflict of interest.
 Inclusion of Frank Gornick and Steven Kinsella on the Commission due to conflict of interest
involving the CCLC JPA.
 The Commission as a whole was disqualified from determining the accreditation of CCSF because
of its support of SB 1456, in opposition to the expressed position of CCSF. This conflict of interest
also suggests retaliation against CCSF, and materially affected the outcome of the ACCJC review.
3. The evidence before the Commission prior to and on the date when it made the decision, which is
being appealed, was materially in error. This includes, but is not limited to, the evidence of
leadership, governance, and finances of CCSF.
4. The decision of the Commission was not supported by substantial evidence.”
The union requested that the “Trustee, College, and State share its proposed statement of reasons for
review with us in a timely fashion, so we may have further input, and include the information set forth
above.”
The letter from Local AFT 2121 concluded with: “We hereby reserve the right to initiate appropriate
legal or administrative actions, to challenge the disaccreditation of CCSF, and to add to, modify,
supplement or amend the grounds for such action. Moreover, the parties hereto reserve the right to raise
grounds beyond those specified above.”
August 16, 2013 Letter from Beno to Agrella on Confidentiality of Review Process
On August 14, 2013, Barbara Beno wrote to Agrella and Scott-Skillman as follows:
Subject:
Appeals Process definitely confidential
Date: Wednesday, August 14, 2013 6:26:46 PM
Dear Bob and Thelma:
Please see Section M of the Appeals Procedure Manual, which states the appeals process, even the date,
location of the appeals panel meeting, is confidential.
We are still checking with our attorneys on the Review Process, but I will state now that is the beginning
of the legal, confidential process, a pre-appeal of sorts, and is probably best kept confidential....
Barb”
On August 16, 2013 in a follow-up letter from Beno to Agrella a demand was made to keep everything
secret from the public. The letter stated that (emphasis added):
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“I am certain that you are aware of the high level of publicity that has surrounded the Commission's
decision. The public scrutiny of the Commission's decision has been extraordinary and without precedent.
The ACCJC appreciates the public's interest in the outcome of this matter, and the value of
transparency in the review and appeal process. At the same time, however, and as I am sure you would
agree, it is also in the public's interest that the Review Committee and Commission members be able to
render a decision, in so far as possible, free from any outside influences or pressures. Impartiality of the
review process is paramount, and the Commission is determined that the institution be afforded such a
review. For this reason, the public's interest in access to information and documents exchanged during
the review process must be tempered with the need to maintain a sufficient level of confidentiality in the
proceedings in order to preserve such impartiality.”
Recall that the review process is done by the same group that made the ruling. This is what Beno
means by “impartially.”
“The ACCJC is concerned that certain actions by third party members of the public, if continued or
expanded, have the potential to undermine the fairness and impartiality of the review and appeal process.
Several complaints regarding the ACCJC's review of CCSF have been filed by the California Federation
of Teachers, AFT Local 2121 (the "Union") with the U.S. Department of Education ("USDE"). Despite
the publicity being afforded to the issues raised in the Union's complaints, the preservation of the
impartiality of the review proceedings dictates that the institution's standing with the Commission not be
abrogated or replaced by the undue influences of third parties that clearly lack any such standing. The
Union's complaints, and the USDE's responses to the complaints, should not supersede what the
institution determines to be in its best interests to raise in the review. To date the Commission has not
received a single complaint from CCSF concerning the issues raised by the Union. Nor, to the
Commission's knowledge, has the institution lodged such a complaint with the USDE. The institution
has been and continues to be free to raise similar issues with the ACCJC.”
The “USDE” mentioned is the United States Department of Education. I guess that Beno feels that
the USDE is one of those plotting against her. If it is true that the “institution” has not lodged a
complaint with the USDE or used the decision by the USDE that the ACCJC had committed
violations of their policy, why haven’t they? Whose side is the so-called “institution” on? Do their
lawyers have an obligation to present the best case possible to the review committee of the ACCJC?
“The rights of CCSF under ACCJC's standards and polices, including the institution's rights under the
pending review and appeal process, and also its rights under the attendant USDE regulations, cannot be
adopted by or transferred to third parties. While the Union is free to submit complaints about the
ACCJC, just as any other third party, the Union is not a representative or agent of the institution, and has
no authority to represent the institution in its dealings with the Commission and USDE. Nor should a
third party's comp1aints be treated or handled in the process of review requested by a member institution
of ACCJC, in this case CCSF. The public's and USDE's responses to the Union's complaints give the
appearance that these clear boundaries are not being respected.”
“To ensure that the Commission's review of its decision to terminate the accreditation of CCSF is free
from the undue influences of third parties, it is critical that the institution maintain the confidentiality of
certain aspects of the review process. By voluntarily participating in accreditation by the ACCJC, CCSF
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has agreed to comply with all ACCJC Policies and Procedures, including those in respect to the
upcoming review, in particular ACCJC's Policy on Public Disclosure and Confidentiality in the
Accreditation Process and the confidentiality requirements set forth in the Appeals Procedures Manual.”
There is no “voluntary participation” in ACCJC - it is required by the Community College Board of
Governors regulations.
“In accordance with these Policies and Procedures, CCSF is obligated to prevent the disclosure of any
information with respect to the selection and appointment of the Commission's Review Committee
members. This includes, but is not limited to, contact information, including the identity of any
prospective or appointed committee member. Similarly, any Review Committee report drafts that CCSF
receives for purposes of correcting errors of fact must be kept confidential. Likewise, the Commission
expects the Commission members, the Commission staff, and its agents to respect the confidentiality of all
aspects of the review process, which includes maintaining the confidentiality of all of the materials that
the institution sends to the Commission and the materials that are sent to the institution from the
Commission that pertain to the review process.”
“On August 20, 2013 the institution is expected to submit its Statement of Reasons. Historically, the
Statement of Reasons has not been considered a public document in any other review conducted by the
Commission nor has it ever been shared by an institution or by the Commission with the public. It is a
document that will establish the parameters of what the Review Committee will investigate and review
and which will set the groundwork for a possible Appeal, another confidential procedure. This document
may be returned to the institution for revision or clarification. The Commission is expecting that the
Statement of Reasons, and any correspondence between the Commission staff and the College that
pertains to the Statement of Reasons, remain confidential. The Commission expects its staff will also
respect the confidentiality of all materials exchanged in connection with the Statement of Reasons.”
“Given the extraordinary amount of publicity surrounding this matter, it is critical that the identity of
the Review Committee members be kept confidential. This is necessary in order to prevent these
individuals from being harassed or otherwise inappropriately contacted by members of the public.
Therefore, pursuant to and consistent with ACCJC's policies, the Commission is requiring that the
institution not disclose the identities of these persons.”
“After completing the review, the Review Committee members will prepare a preliminary report (i.e., in
draft form). This report will be sent to CCSF for comment by the institution on any factual errors, prior to
its finalization and prior to it being sent to the Commission. For the same reasons it is essential that a
draft external evaluation team report remain confidential until after the Commission renders a decision
on an institution, it is similarly essential that the draft Review Committee report remain confidential until
the Commission has had an opportunity to review it and render a decision on outcome of review. Until
that time, however, the Commission insists that its member institutions not disclose the contents of the
Review Committee report.”
“As the process unfolds, there may be a need to ask or require that CCSF respect the confidentiality of
other aspects of the process; however, at this stage these are the elements that appear to be critical and
apparent. We also understand that CCSF is a public institution, and as such is subject to laws that
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govern records maintained by all public institutions. If CCSF believes, based on advice from its legal
counsel, that the law requires that it act in a way that is contrary to the requirements of this letter, we
would expect that the Commission would be notified prior to any such disclosure, and that CCSF use its
best efforts to limit such disclosure to the extent required by law.”
I and others have asked, pursuant to the California Public Records Act, for materials from CCSF and the
Chancellor's Office with respect to the content of CCSF's request for review. I did receive some material
including material mentioned above from the Chancellor's Office. CCSF refused the request with a letter
dated September 13, 2013. The letter, after the demand by ACCJC to keep everything under wraps,
stated that:
"The College believes that your request concerns records that are exempt from disclosure under the Act.
Specifically, they are exempt from disclosure under Government Code Section 6254(b) and (k), and the
privilege contained in Evidence Code Section 1040. They are also exempt from disclosure under
Government Code Section 6255. In that the public interest served by not disclosing the records clearly
outweighs the public's interest served by disclosure.”
“The College is committed to taking all steps possible to retain its accredited status. That includes
pursing processes specified by the Accrediting Commission for Community and Junior Colleges for
institutions that wish to retain their accreditation. This process, and the documents related to them, are
confidential according to Commission Rules. The College supports those rules and wishes to comply
with them. A failure by the College to adhere to Commission Rules could have a negative result on the
College's efforts to retain its accreditation during its pursuit of the Commissions processes."
I will not go into the argument of why "the College" is wrong in its understanding of the Records Act. I
am sure that will be played out in Court by others like the San Francisco Chronicle that requested the
information. But the reason for confidentiality is clear - to keep the public from knowing whether the
representatives of CCSF are putting on the best defense of the college and what that defense is.
August 19, 2013 Agrella Letter to the College Community
In an August 19, 2013 letter to the “College Community” Community College Chancellor Brice Harris’s
Specially Appointed Trustee Agrella wrote a public letter that attempted to explain why he must not
anger the ACCJC and at their demand must keep all of his dealings with respect to the review strictly
confidential. Although “ both Chancellor Brice Harris and I publicly stated that the review letter (due
Tuesday, August 20, 2013) would be placed on the college’s website” they would not be doing so. He
states that “we were informed by ACCJC that all materials submitted to ACCJC are to be treated as
confidential. While both Chancellor Harris and I sincerely apologize for our premature comments
regarding disclosure of the review documents, our intention was never to mislead the college
community.”
“We cannot share the review documents because we have been clearly informed by the Commission that
all parts of the appeal process, including the review, are to be treated as confidential.”
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I note that there is nothing in the ACCJC policies that speak to a requirement that the “all parts of the
appeal process” are to be treated as confidential. This new requirement is a violation of due process and
transparency.
Agrella goes on to state he will not use the DOE letter in their review. He does not want the ACCJC to
think that CCSF is endorsing the CFT complaint. He stated that “If we were to use these arguments they
would become the college’s official position and therefore the college would join in the attack on the
Commission.” The fear of the wrath of the ACCJC is apparent as the letter continues “If our review
document joins the attack on the Commission, I believe that the review and appeals process will be
unsuccessful. If this is the case, I also believe our timeframe for meeting the standards may be
significantly shortened.” In other words, we can’t afford to mess with the “my way or the highway”
attitude of the ACCJC.
“Please understand that I am not trying to stand in the way of concerns about the Commission. I am
dealing with the specifics of accreditation and the processes determined and articulated to us by the
Commission. I believe that if the college changes direction and begins to attack the Commission, rather
than working with it to correct the problems in the institution, it will jeopardize our ability to maintain
accreditation.” This is a sad commentary on the actual due process rights under the ACCJC.
Agrella continues to believe that they will be allowed, during the review, to show the progress made by
the college since the ACCJC acted in June. In fact, this is not spelled out in the rules of the ACCJC.
Finally Agrella concludes with an appeal “Although we may disagree on the strategy to be employed, the
college community needs to be in total agreement to work together during these coming months to meet
the accreditation standards.”
Save CCSF Coalition Complaint of August 19, 2013.
The Save CCSF Coalition sent a complaint to Kay W. Gilcher, Director of Accreditation Group U.S., a
complaint on August 19, 2013. The letter began with a thank you to the Accreditation Group for not only
lifting the spirits of those at CCSF but also “For the first time it seems that entire process may not be
stacked against us and that not all decisions are going to be made by ACCJC insiders.”
The letter noted that “At the Welcome Address for the new semester on August 13th, Special Trustee
Robert Agrella told us that the review documents would be posted on the college website for all
constituents to view.”
“In an email sent on the morning of August 15th, Accreditation Liaison Officer Gohar Momjian informed
the college community that she, along with Special Trustee Robert Agrella and Interim Chancellor
Thelma Scott-Skillman, had met with the ACCJC the previous day, August 14th, one day after your DOE
letter was received by the ACCJC. At that meeting, they were informed by the Accrediting Commission
that the "review and appeals process is a confidential matter." As a result, Momjian stated that CCSF's
top administrators would "not be publishing drafts and documents online," nor share any of these
materials with the college constituencies. We believe that this action is illegal as it denies CCSF and its
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constituents due process.”
At a Participatory Governance Council meeting on August 15, Momjian stated that she “she planned to
rely primarily on the improvements made in recent months - the college's work on its Action Plans and
progress toward meeting the accreditation standards. The problem here is that the ACCJC's review rules
do not allow any information into the hearing that was not available at the time of the ACCJC's
decision in June. So this information was very confusing to those present at this meeting.”
The violations of U.S. DoE regulations cited in the letter included:
 “ACCJC written policy does not require that a request for a review, reconsideration or appeal of
any ACCJC adverse actions be kept confidential. Yet, the ACCJC is requiring CCSF to do just
that.
 DOE policy does not permit an institution's internal governance policies to be dismantled by the
accrediting commission, according to due process regulations 602.25 that govern the review or
appeal of accrediting decisions. The Commission cannot prohibit an institution from seeking
constituency input or sharing information with constituency leaders when the current practice,
even for confidential information, has in the past, routinely been shared with constituency leaders
when they are stakeholders in a matter, with the understanding that it remain confidential.
 An Accrediting Commission should not dictate the nature and content of the institution's Written
Statement for Review, especially when it falls within the Commission's own parameters.
 The basis for justification of a review that our administrators were told to use appears to differ
substantially from what is in written ACCJC policy, to the point of being completely opposite. The
Commission's repeated divergence from written commission policy via oral instructions is cause
for serious concern. Our administration has assumed that oral instructions override written
policy, but the college is left vulnerable to charges of non-compliance when there are
inconsistencies between the two forms of guidance. This continues the pattern that your office has
already identified: lack of clear communication by the commission.”
The Save CCSF Coalition letter stated that “It appears that our administrators have been intimidated by
the Accrediting Commission into not using the letter from your office as part of the basis for appeal. This
would explain why they demand that no one be allowed to see these materials, although all government
organizations are subject to laws and regulations regarding transparency. Many of us expected
(including our faculty union) that your letter would be used since it gives us such a strong basis for
requiring the ACCJC to reverse its decision to terminate CCSF accreditation and provide us with the due
process that has been missing. In short, the violations of the ACCJC were such that they tarnished the
decision to terminate CCSF's accreditation. This decision to terminate should be withdrawn and a new
properly conducted process be carried out.”
“While we understand that at this point the Department of Education cannot reverse a sanction decision,
we do believe that the violations cited by the Department could be used to discredit the process by which
the sanction was developed.”
The letter was signed by a number of faculty and community members.
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CFT letter to Brice Harris August 19, 2013
On August 19, 2013 the California Federation of Teachers wrote a letter to Community College
Chancellor Brice Harris and CCSF Special Trustee urging them to include in their grounds for review of
the ACCJC decision to deny CCSF accreditation the following grounds: Insufficient Time, Continued
Reliance On False Findings About CCSF's 2012 Review, ACCJC Continues To Fail To Clearly Identify
Deficiencies, Invalid Show Cause Evaluation Team, and Leadership.
The letter noted that CCSF was never given two years to make improvements. This conflicts with other
colleges that were given more than 9 weeks to make improvements. This inconsistency is a violation of
34 CFR 602.18.
The letter went on: “Moreover, ACCJC had the power to give CCSF a full two-years - until 2014 - to
come into compliance. And for "good cause," it could give even more time. It should have afforded more
than two years, and ACCJC's failure to do so under the circumstances is arbitrary, retaliatory, and an
abuse of discretion.
Many of the changes ACCJC demanded in July 2012 were known to require more than 9 weeks, and 9
months, or even two years to accomplish. For instance, ACCJC demanded a wholesale change in the
governance structure, which, as noted, required collegial consultation (and which, as you know, is a
virtual mirror of the governance systems demanded by AB 1725 and in place throughout California's
community colleges).
Then, in its decision, ACCJC asserted that the new structure has not yet had a chance to really work - to
be "defined" - and said that since there wasn't enough time to be defined, it meant CCSF had failed to
satisfy ACCJC's Requirements, Standards and recommendations. This is nothing but a set-up for failure,
a predetermined result, predictable by the demands made by ACCJC. ACCJC should be estopped from
demanding or relying on CCSF taking actions which could not be completed in a year or even two, and
then sanctioning CCSF for "failing." “
“The Show Cause team report found that CCSF was out of compliance with approximately 19 elements of
the four Standards, though in each case it is substantially in compliance or in full compliance. The
Commission, with no discussion of the reasons or facts, increased this to 30 elements in its Action Letter
and Decision. (See letter, p. 2, last paragraph.) This failure denies Federal common law due process
and violates the same California law on fair procedure, as well as the Federal regulation which USDE
cited on August 13.”
The Show Cause Evaluation Team for CCSF had 9 members, only one of which was a faculty member.
The team included ACCJC staffer John Nixon. “It included Yulian Liguoso, a member of the Community
College League of California (CCLC) JPA board. Given the conflict between demanding prefunding
(exposed in the April 30th complaint), his inclusion on the team was improper. Liguoso was put in charge
of the very elements for which he has a conflict of interest - finances, especially GASB 34 prefunding.”
In short it was an improperly formed Visiting Team.
By the action letter from the ACCJC stating that: “CCSF needs "more cohesive" institution-wide effort to
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fully comply with accreditation requirements” the ACCJC is making “an attack on differing opinions, and
resistance to the Commission's illegal activities and demands.”
The ACCJC stated that “Leadership and governance deficiencies have inhibited the college's ability to
move "effectively and with appropriate speed to resolve its problems." CFT believe that “This is a
rejection of the role of collegial consultation and collective bargaining, both required by State law.”
The CFT also noted that a statement that “Disagreements characterize the CCSF's [new] governance
system” reflects a misunderstanding that “disagreements are at the core of democratic decision-making.
The Legislature decreed in AB 1725 that all constituencies have an effective voice; ACCJC has no right to
demand lock-step adherence to, for instance, the position of the interim Chancellor, or the ACCJC.”
The CFT letter also points out that there are no facts that support claims of significant division among the
faculty or that faculty feel intimidation from faculty leaders. There is also a misplaced attack by ACCJC
upon free and open discussion. The CFT letter notes that “at board meetings, the audience of the People
of the City and college has included individuals who have spoken eloquently, if at times angrily, about
what they see as ACCJC's effort to destroy CCSF, or re-mold it in an image contrary to that intended by
the People of the City. The term 'acrimony' does not appear in the Report. Acrimony means harsh or
biting sharpness of words, manner or disposition. Sanctioning CCSF because its faculty, students, staff,
or CCSF residents, offer biting criticism is not just a rejection of State and Federal law, it is unAmerican.”
The letter concludes with “Chancellor Harris, we understand that Acting CCSF General Counsel and
Vice Chancellor of the California Community Colleges is also conflicted here, since he served as a
commissioner for two terms, during which the ACCJC engaged in similar activities (see, e.g., the April
30th Complaint). Given that, we ask that that the State Chancellor and the Special Trustee for CCSF be
fully inclusive of the grounds for appeal, as requested by AFT 2121 and CFT.”
CFT CLASS ACTION COMPLAINT OF SEPTEMBER 24, 2013
On September 24, 2013 the California Federation of Teachers, AFT Local 2121, and several students and
faculty members at City College of San Francisco filed a class action complaint with the Superior Court
of the State of California, County of San Francisco. The plaintiffs asked the Court to:
1. Order the ACCJC to restore the status quo accreditation status of CCSF “by vacating and rescinding
the improper Show Cause and Disaccreditation decisions against CCSF, and restoring CCSF's
accreditation, subject to future reviews that are conducted in accordance with California law, legitimate
ACCJC policies and Federal regulations”;
2. “Enjoin the ACCJC from engaging in accreditation evaluations of CCSF, and any of California's 112
community colleges in a manner that violates applicable federal or state law, or any of its own legal
policies and procedures”;
3. “Order ACCJC to rescind, and cease giving force and effect to its Standards, elements of Standards,
policies and procedures which constitute unlawful or unfair business practices”;
4. “Order the recusal from evaluation or actions involving CCSF, of ACCJC officers, agents, putative
team members, and representatives who participated in the unfair and unlawful business practices proven
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in this case, including but not limited to Barbara Beno, Sherrill Amador, Frank Gornick, Steven Kinsella,
John Nixon, Norval Wellsfry, Krista Johns, and Garmon Jack Pond; and anyone affiliated with (i) the
CCLC JPA trust from 2006 onwards and (ii) anyone involved in advocating directly, or indirectly through
another entity, for the Student Success Task Force or as a member or participant with a trade or other
association pursuing matters involving CCSF; and for anyone else involved in an actual or apparent
conflict of interest involving CCSF.”
5. “Order the ACCJC to pay the costs of suit”;
6. “Order ACCJC to pay attorney’s fees pursuant to Motion, in accordance with California's private
attorney general statute, Code of Civil Procedure section 1021.5".
7. “Provide such other and further and additional relief as is just and proper”.
The class action suit came out of the actions by the ACCJC to take away the accreditation status of the
City College of San Francisco (CCSF) effective July 31, 2014. CCSF has for 50 years and continues to be
an outstanding institution of higher education as documented in the law suit. The suit points out the harm
that disaccreditation would do to the residents of San Francisco, the employees of CCSF, and to the
economy of San Francisco. The action to remove accreditation and thus close the college would deprive
the County of San Francisco its right to a community college - a legal right of every county in California.
The “Complaint alleges that ACCJC's decree, and its underlying actions leading to this decree,
constitutes an unfair and unlawful business practice, in violation of California Business & Professions
Code §17200. The Complaint seeks a preliminary injunction to prevent the decree from closing City
College this summer by restoring the status quo before the ACCJC decree.”
CCSF had never been issued a sanction prior to the SHOW CAUSE action by the ACCJC in June of
2012. Even though the ACCJC claims that CCSF has been told to clean up certain aspects of its operation,
that claim has been destroyed by the recent finding of the United States Department of Education and
substantiated in the suit. In addition, the ACCJC has lobbied to reduce the open access scope of the
California Master Plan for Higher Education - a legislative action that CCSF has opposed. The suit
claims that the opposition by CCSF to the will of the ACCJC helped lead to the action by the ACCJC. In
short “The recent decree to close City College is ACCJC's effort to send a message that colleges should
conform to ACCJC's agenda, and to accomplish through accreditation what it could not accomplish by
lobbying.” The climate of fear caused by the ACCJC and its actions has been documented in this paper.
The suit also details the various ways that the ACCJC had “violated California law, federal regulations,
and its own policies and procedures, in arriving at its decision” to remove accreditation. The violations
should invalidate the disaccreditation decree but since the United States Department of Education does
not have the power to reverse the decision of the CCSF and since the review and appeal process to the
decision is controlled by the ACCJC itself, the only remaining avenue of reversal is the courts - thus the
law suit.
Among the violations listed in the CFT suit were:
 ACCJC is required to appoint an independent evaluation team. Instead, ACCJC President Beno
appointed her own husband to the 2012 team as the hatchet man, a man who had predetermined
to disaccredit City College before he even conducted the evaluation. In 2013, she appointed her
Vice President, along with a trustee of a trust fund that CCSF was ordered to pay into, by the
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2012 and 2013 evaluation teams, and Beno.
ACCJC is required to appoint an evaluation team consisting of a balance of administrators and
faculty peers. Instead, Ms. Beno appointed a team in 2012 with 17 members, just one a teacher. In
2013, the 9 person team had just one faculty member. Under Beno's leadership, ACCJC teams
give administrators, who represent just 3 % of the colleges employees, 75% of the seats on the
teams.
ACCJC's decree was based on a finding that City College had failed to cure deficiencies identified
in past ACCJC reviews of City College, in 2006, 2007, 2009 and 2010. This was false. Past
ACCJC reviews had identified no City College failures to meet accreditation standards.
The current review found no deficiencies in any of City College's 140 vocational programs or its
hundreds of academic programs.
While the 2013 evaluation team found 19 violations of ACCJC's non academic standards,
ACCJC's Commission raised this to 30 violations. ACCJC's rules allow this only when ACCJC
first gives the college written notice, an opportunity to respond to the new charges in writing,
and postpone the ACCJC decision until its next regular meeting, 6 months hence (i.e. in January
2014). But ACCJC failed to do so.
ACCJC's decree was based in part on ACCJC "team reports" and Beno's letters, criticizing City
College for not paying money into the prefunded retiree health benefits trust (CCLC JPA). A
founder of the trust, and one of its trustees, Steven Kinsella, is the Vice Chair of the ACCJC;
another trustee of the fund, Frank Gornick, is a commissioner; many of the ACCJC's team leaders
and members are trustees of the trust; and the trust's founder Kinsella is especially responsible for
ACCJC's using prefunding as an indicator of whether a college should be sanctioned.
ACCJC failed to follow basic due process procedures, including a failure to provide findings of
fact that justified its death penalty verdict, and Standards that fail to take into account California
law on education as a constitutional right, and the impact of any failings of a college when they
are legitimate ones on academic quality.
ACCJC normally gives a warning or probation to colleges that allegedly violate its Standards for
the first time. Disaccrediting a first time offender is Draconian and unsupported by the evidence,
and the result of the many conflicts of interest and other unfair and unlawful practices alleged.
Most of ACCJC's standards and criteria are not required by the U.S. Department of Education.
ACCJC applied these standards of its own creation, even though they do not measure the
academic quality of institutions, and they are arbitrary, capricious and unreasonable, and
disrespect the public policy, laws and Constitution of California.
ACCJC decrees rely on its conclusion that CCSF did not meet several of these unlawful, unfair
and sometimes unwritten standards. ACCJC found CCSF deficient because, inter alia, individual
board members expressed their opinions on matters of public concern to their constituents, the
board did not "speak as one," because of dissent by students, faculty and even the public from the
views of some of CCSF's new leadership and the ACCJC, and because of criticism of ACCJC.
In July, the California Community College system installed a trustee to run City College,
removing the elected school board. That trustee is allied with ACCJC and will not challenge its
decree; his boss, the State Chancellor, was a member of the Commission for 6 years, and has been
a confidante of ACCJC president Beno during the events alleged herein. They will not challenge
unlawful and unfair practices, placing their hope on the goodwill of ACCJC and their internal
"request for review" which they have refused to make public on the advice of ACCJC.
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“This lawsuit seeks to preserve the heritage of a San Francisco institution, the only access that thousands
of present and future San Francisco residents have to higher education, and the open access mission
foreseen by a generation of Californians who valued affording California residents this opportunity.”
The class action suit was brought under the Business and Professional Code:
“California Business and Professions Code Section 17200 prohibits any "unlawful, unfair or fraudulent
business act or practices." The acts and practices described above constitute unfair and unlawful
business practices, and unfair competition, within the meaning of Business and Professions Code
sections 17200 et seq. The ACCJC committed unfair and unlawful business practices when it issued the
order of Show Cause and Disaccreditation, because those orders were based on and were the outcome of
its unlawful and unfair acts alleged herein. Among other things, the acts and practices of
DEFENDANTS have taken from PLAINTIFFS, the class members they represent, including the public of
San Francisco, the educational opportunities and employment they are rightfully entitled to from an
accredited CCSF, while enabling ACCJC to disregard its obligations to be a fair and impartial evaluator
and accreditor of CCSF. ACCJC's actions, policies and practices, as set forth in this complaint, constitute
unfair business practices because they offend established public policy and cause harm that greatly
outweighs any benefits associated with those actions, policies and practices.”
“The unlawful and unfair business practices of the DEFENDANTS, as described above, present a
continuing injury and threat of injury to the students of CCSF, the employees of CCSF, and the residents
of the City and County of San Francisco.”
Save CCSF Rally - November 7, 2013
SF Gate Article by Nanette Asimov
Two Peninsula representatives Thursday became the first members of Congress to weigh in on the crisis
facing City College of San Francisco, whose accreditation is to be revoked next summer. "This institution
cannot be shut down," Rep. Jackie Speier, D-Hillsborough, declared as she and Rep. Anna Eshoo, D-Palo
Alto, joined hundreds of faculty, students and politicians who packed an auditorium on the Phelan Avenue
campus to say the accrediting commission must be stopped.
They expressed support for a lawsuit filed Thursday against the Accrediting Commission for Community
and Junior Colleges - the third since August - seeking to invalidate its ruling on City College. The suit is
from the "Save City College Coalition" of students and employees. The earlier suits - from the city of San
Francisco and the California Federation of Teachers - are also seeking to invalidate the ruling. "We
hope that one of the three lawsuits would stop this bad dream - this nightmare that would have City
College close," Speier told the crowd.
She and Eshoo criticized the commission for what they said was its record of sanctioning colleges at a far
higher rate than similar commissions around the country. They also cited an Aug. 13 reprimand by the
U.S. Department of Education, which oversees the commission. It identified problems ranging from too
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few teachers on the commission's evaluation team for City College, to the appearance of a conflict of
interest when it appointed the husband of its president, Barbara Beno, to the evaluation team.
The accrediting commission is a private, nonprofit agency that must follow federal guidelines in its role
as the arbiter of quality for California's 112 community colleges. "Reports of bad record-keeping and
conflicts of interest - these have fueled my concerns," Eshoo said. "I want to hear how the system can be
made better."
Attacks 'disheartening'
Beno was not at the forum, but responded by e-mail when contacted by The Chronicle. "Attacks against
the Accrediting Commission for Community and Junior College and its work to ensure quality education
are disheartening to the evaluation teams who volunteer their time for peer reviews each year," she said.
"The Commission is confident that all City College of San Francisco supporters share the belief that the
students and residents of San Francisco deserve an institution that meets standards of quality met by 111
other public community colleges in California."
The commission placed City College in the most severe sanction, "show cause," in July 2012, citing an
array of problems in governance and finance. A year later, the commission said the college had failed to
fix all of its problems and would lose its accreditation in July 2014. Without it, the college would close.
Speier said she had invited Beno to participate in Thursday's event, billed as a forum for understanding
how college accreditation works in the state.
"Dr. Beno declined our request to participate," she told the booing audience. "Her lack of
responsiveness is emblematic of the problem."
Among the 11 people on stage were state senators Tom Ammiano, D-San Francisco, and Jim Beall, DSan Jose, who promised to pursue legislation to overturn a law designating the Accrediting Commission
for Community and Junior Colleges as the only agency able to accredit California colleges.
In August, Beall and Sen. Jim Nielsen, R-Gerber (Tehama County), persuaded a state audit committee to
investigate the college accrediting system in the state. "We need a fair and, most importantly, a
transparent system," Beall said Thursday.
Chancellor speaks out
Also on stage was Ron Galatolo, chancellor of the San Mateo Community College District, the state's
only college district leader to speak out against the accrediting commission, though he said many others
have told him they wish they could. "Some would say I probably should have my head examined, since
I'm going through (accrediting) review right now," Galatolo said. "But this is the right thing to do."
He made the audience laugh and applaud by mocking the commission's reasons for yanking City
College's accreditation. "They say City College should be closed forever because they did not develop and this is a quote - 'a strategy for fully implementing the existing planning process' " he said to hoots
from the crowd.
In the audience, art student Rose Byers, 20, said she had come to the forum to learn more about the
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accreditation crisis. She's dismayed because students are no longer able to take classes more than once.
"A lot of people want to take the classes over to improve their skills," she said. "That's what I do."
Nanette Asimov is a San Francisco Chronicle staff writer.
Hittelman comments:
Beno’s quote is characteristic of all of her responses to criticism of the ACCJC and her part in their
proceedings. When she speaks to the work of the “evaluation teams who volunteer their time for peer
reviews each year," she doesn’t mention that the team recommendations for sanction are often ignored
by the Commission and that the teams have been found to be lacking in faculty representation by the
U.S. Department of Education. When she speaks to the “111 other public community colleges in
California" that have met the ACCJC “standards” she leaves out that, in fact, the Commission has placed
71 of the 112 California community colleges (63%) on sanction since 2007 for not satisfying all of the
“standards” imposed by the ACCJC. It is clear that the standards, as they are enforced by ACCJC, are
not well accepted in the California community colleges. In fact, from 2003-2008 ACCJC generated 89%
of all sanctions nationwide. ACCJC is simply out of control.
The ACCJC wrote a letter to Congresswoman Jackie Speir on October 28, 2013 in response to the
invitation to attend the forum of November 7, 2013. She stated she could not attend as the ACCJC is “not
able”, due to the various law suits, to comment on accreditation matters related to CCSF.
However, the ACCJC did place on their website a “Response to the November 7 Forum.” The response
begins by stating that “The Accrediting Commission for Community and Junior Colleges (ACCJC)
cannot comment at this time on accreditation matters related to the City College of San Francisco
(CCSF) as the College has entered into a due process of Review with the Commission, and there is
litigation brought by third parties against the ACCJC concerning its evaluation and accreditation
decision on CCSF.” It then goes on comment on the lawsuits:
“The ACCJC believes these third-party lawsuits are without merit. They all rest on similar premises that
are, in fact, weak. It is important to note that the City College of San Francisco itself is not involved in
these suits. The College has stated that it subscribes to ACCJC standards, and is working to come into
compliance with standards. These lawsuits are politically motivated and do not align with the real efforts
to assure CCSF's future accreditation, but rather distract from those efforts.” Of course she doesn’t note
the fact that the ACCJC has forbidden the Special Trustee and the District from making any public
comments with regard to their request for review of the Commission’s removal of accreditation. It does
not note that the Department of Education found the ACCJC in violation of its standards – many of the
same issues raised in the lawsuits.
The letter continues with: “Accreditation of a college is crucial. Without it, students cannot receive
financial aid. The accreditation process is designed to assure that a member college meets standards;
that the education given is of value to the student who earned it; and employers, trade- or professionrelated licensing agencies, and other colleges and universities can accept a student's credentials as
legitimate.” She fails to mention that none of the so-called “deficiencies” at CCSF speak to whether the
education at CCSF is of high quality or whether other colleges and employers have any concerns with the
students that CCSF has sent them. The issues are not those suggested by the letter but rather of a
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bureaucratic nature.
The letter speaks to what the ACCJC considers “transparency”: “The Commission provides transparency
of its decisions by requiring the colleges to make the major documents, the college self-evaluation, the
evaluation team report, and the Commission's letter detailing the reasons for its action, available to the
public.” She does not mention that the Visiting Team recommendations for sanction are not made public
and that the Commission often ignores the recommendation for sanction proposed by the Visiting Teams.
She does not mention that the Commission meets in private and only after all the decisions are made is
the public able to address the Commission and even then, attendance at the Commission meetings is
strictly controlled. The actual work of the Visiting Teams and the Commission are kept secret by edict of
Dr. Beno and documents are required to be destroyed. This is hardly a transparent operation.
California Joint Legislative Audit Committee – Action on August 21, 2013
Call for State Audit
On August 21, 2013, the California Joint Legislative Audit Committee (JLAC) approved Senators Beall
and Nielsen's call for a state audit to examine the practices, financial and programmatic implications
resulting from unilateral actions initiated by the Accrediting Commission for Community and Junior
Colleges (ACCJC), the accrediting agency for California Community Colleges. The call included the
direction to the State Auditor to “answer the following questions as they relate to ACCJC accreditation
for the period from 2009 through 2013. The audit would use a sample of at least three California
community colleges chosen by the State Audit's Office and include two colleges that have been sanctioned
by ACCJC.
1. For the three selected community colleges, determine the following:
 Whether the ACCJC accreditation process was conducted consistent with applicable laws and
policies and was applied consistently among colleges. This should include an evaluation of
policies and practices to determine if they are in conflict with or ignore any relevant state laws,
rules or regulations.
 Whether changes in ACCJC policies during the accreditation process had fiscal or other impacts.
 Whether the ACCJC accreditation process has sufficient links to ensuring a college's educational
quality, and whether ACCJC unnecessarily infringes upon the autonomy of California
Community Colleges. For example, what is the relevance of penalizing a college for using grants
to help fund their budget, discouraging dissent among community college board members or
criticizing campus governance roles?
 Whether the ACCJC has required any of the selected campuses to take any action that was
inconsistent with applicable laws and policies.
 What changes, programs or additional activities have each community college undertaken during
the 2009 through 2013 period to address requirements imposed by ACCJC.
 The additional costs incurred by each of the community colleges in making changes or
undertaking new or additional activities to comply with any requirements imposed by ACCJC.
2 Identify trends in the number, percentage and types of sanctions imposed on California Community
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Colleges when compared to other regions. To the extent possible, determine the reasons for significant
variations.
3. Identify the number of consultant contracts entered into by ACCJC, who the contracts were with, the
purpose(s) of the contracts, the contract amounts and the entities responsible for payment.
4. Identify any state and federal public meeting laws, requirements and policies that apply to ACCJC.
Provide any changes that have occurred in these public meeting laws, requirements and policies between
the period of 2009 through 2013. Determine whether ACCJC has complied with relevant public meeting
laws and policies.
5. Provide information regarding ACCJC's policies for retaining documents relating to community
college accreditations, and provide any changes that occurred in these policies between the period of
2009 through 2013.
6. Identify and assess any other issues that are significant to the process for accrediting community
colleges.”
Senator Nielsen gave a strong opening statement regarding the problems with ACCJC, mentioning at one
point that "Senator Beall and I met with President Barbara Beno in my office. In all my career, in my
thousands of meetings with agency individuals -- representatives, secretaries, etc. -- I have never dealt
with a more arrogant, condescending and dismissive individual...."
Dr. Frank Gornick, an ACCJC commissioner, and Krista Johns, ACCJC vice president of policy and
research, appeared to testify in opposition. Their arguments against the audit focused on the idea that the
USDOE investigation/ review should suffice. They claimed that Dr. Beno did not appear at the hearing as
she had other ACCJC business to attend to.
The Community College Chancellor's office did not testify. The California Community College
Independents, the California Federation of Teachers, the California Teachers Association, and the Faculty
Association of California Community Colleges all testified in support of the audit.
The final vote of the committee was a bipartisan vote of 10 Yes, 1 No, and 3 Abstains.
Backgound for Call
The background for the call included information regarding the Title V regulation 51016 requirement that
community colleges in California are to be accredited by ACCJC. It went on to note that “According to
the ACCJC website, its accreditation authority is provided "by [fee-paying] member institutions that have
voluntarily joined a regional association to improve educational quality." Some California community
colleges have spent tens of thousands of dollars in state revenue to fund ACCJC. As a U.S. Department of
Education recognized accreditor, ACCJC decisions affect campus eligibility for federal Title IV student
financial aid and other federal grants and contracts. ACCJC accreditation standards are used to assess
college success "in providing high quality education" and "focus a good deal on institutional practices
that support student completion of certificates and degrees." To ensure its decisions and evaluation teams
are fair and unbiased, the Commission self-regulates itself and "holds itself accountable for good
practice by evaluating and assessing its own ability to make fair and unbiased decisions on
accreditation." [ACCJC: Twelve Common Questions and Answers about Regional Accreditation].”
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The background information notes that “A "governmental function" is defined as an act which is so
“Intimately related to the public interest" as to mandate performance by the government, and require
either the exercise of discretion in applying government authority or the use of value judgments in making
decisions for the government [Martin v. Halliburton, 2010 U.S. App. LEXIS 18698 (5th Cir. Tex. Sept, 7,
2010)1, As an accrediting agency for state community colleges that fall under the authority of the
governor and state legislature, ACCJC, by performing a government function, is accountable for
decisions it makes intended for the general public good.”
The background information documents the disparate number of ACCJC sanctions as compared to other
accreditation agencies. It also goes into the climate created by ACCJC: “A highly critical and documented
assessment of ACCJC by retired community college math professor Martin Hittelman illustrates a climate
of arrogance and secrecy [ACCJC Gone Wild]. The California Federation of Teachers (CFT) recently
released its 298-page ACCJC public comment response to the severe sanctions executed at San Francisco
City College. The comprehensive document includes charges and supporting evidence that ACCJC
President Barbara Beno engaged in improper conflicts of interest; disregarded and/or violated state
and federal laws, policies and regulations; denied due process; imposed policies that violate or
circumvent employee contracts; violated ACCJC procedures by applying costly sanctions to collegessuch as 'Show Cause' that is sanctioned prior to a campus closure -without first applying less
egregious sanctions, such as a 'Warning' or 'Probation;' enacted systemwide policies and programs in
conflict with state policy that lacked legislative oversight or approval; and threatened reprisals of
faculty and administrators.”
The background to the request for an audit included information that “Under 34 Code of Federal
Regulations (CFR) Part 602.10 and 602.13, an accrediting agency is required "to be able to demonstrate
that its standards, policies and accreditation decisions are widely accepted in the United States by
educators and educational institutions, licensing bodies (if appropriate), practitioners, and employers of
graduates for accredited institutions and programs." Unfortunately, ACCJC policy discourages
consideration of a college's compliance with state and federal laws and agencies. As written in the
ACCJC Team Evaluator Manual (page 23, August 2012), "[Accreditation] recommendations should not
be based on the standards of governmental agencies, the legislature, or organizations."”
“ACCJC wields enormous power to materially and adversely affect colleges, but there appear to be
serious questions whether it affords colleges appropriate due process. There are also concerns whether
ACCJC-issued sanctions bear any reasonable relationship to the commission's Standards or
Requirements being scrutinized. Furthermore, ACCJC is required to assure that constituencies
represented at the colleges it evaluates are adequately represented by the site-visit evaluation teams.
However, it appears ACCJC has not met this requirement -with some constituencies disproportionately
represented or not represented at all - and materially affecting campus review outcomes.”
“Since community colleges are required to comply with ACCJC "requests, directives, decisions and
policies" [ACCJC: Eligibility Requirements for Accreditation], the commission has unilaterally imposed
numerous community college policy changes resulting in financial obligations that have not been
reviewed or approved by the California State Legislature, ACCJC has also increasingly criticized the
state's community college statutory "shared governance" process, and distinct from assessing the
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educational quality of an institution, has sanctioned campuses for deficiencies in governing board
practices growing from 46% of sanctioned campuses in 2009 to 71% of sanctioned campuses in 2012
[ACCJC News, Summer] 2012].”
“Beginning in 2002, ACCJC implemented a 10-year timeline requiring community colleges to develop
Student Learning Outcomes (SLO) to assess student achievement "bearing in mind that grades are not the
best evidence of student learning" [ACCJC: Assessment of Student Learning Outcomes]. The SLOs are
included in the assessment of instructional programs, student services, financial aid and student
orientation. Numerous faculty, staff and administrative hours are dedicated to SLOs, detracting time
away from educating students and operating campuses. Since ACCJC is self-regulated and selfassessed, there is little independent evidence, if any, that the SLO mandate has resulted in improved
teaching, program accountability, or an increase in student academic achievement.”
“The imposition of SLOs for student orientations, administration of financial aid, student services and
instructional programs has created new costly administrative positions, programs and structures.
Examples include the accumulation of college SLO coordinators, SLO analysts and SLO advisory
committees; SLO workshops, evaluations and trainings; and new campus administrative centers such as
the Planning, Research and Institutional Effectiveness (PRIE) division at Sacramento City College.
Distinct from SLO-imposed obligations, colleges also pay expenses for ACCJC visiting teams;
consultants; special trustees; additional administrative personnel and other related costs.”
The conclusion is that “Overwhelming evidence appears to indicate that ACCJC has exceeded its
authority in the accreditation of California's two-year, associate degree public colleges. This evidence
includes: the disparate number of California community colleges being sanctioned; disregard for state
laws governing community colleges and contractual agreements; imposing costly and unnecessary
policies without the approval or oversight of the state legislature; and creating campus climates
whereby limited resources are being redirected to comply with compulsory ACCJC directives by
funding new administrative functions and positions.”
2013-123 AUDIT SCOPE AND OBJECTIVES - Accrediting Commission for Community and
Junior Colleges - Community College Costs and Nonstate-Approved Policies
The audit by the California State Auditor will provide independently developed and verified information
related to the Accrediting Commission for Community and Junior Colleges (ACCJC) and its accreditation
of California Community Colleges (community colleges) for the period 2009 through 2013 and will
include, but not be limited to, the following:
1. Review and evaluate the laws, rules, and regulations significant to the audit objectives.
2. For a selection of three accredited community colleges, including two that the ACCJC has sanctioned,
to the extent possible determine the following:
(a) Whether the ACCJC accreditation process was conducted consistent with applicable state laws and
regulations and was applied consistently among colleges. Further, assess the extent to which ACCJC
policies comply with applicable state requirements.
(b) Whether ACCJC accreditation policies changed and, if so, whether these changes had fiscal or other
impacts.
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( c ) How the ACCJC's accreditation process incorporates measures of educational quality - for example
student achievement -and whether the ACCJC's use of such measures is reasonable and effective.
(d) Whether the ACCJC's recommendations or requirements comply with applicable state laws and
regulations.
(e) Whether the ACCJC has required any of the selected colleges to take action that was inconsistent with
applicable laws or policies, including with respect to the colleges' governance structure.
(f)
What changes, programs, or additional activities has each community college undertaken during
the 2009 through 2013 period to address requirements imposed by ACCJC?
(g) The additional costs incurred by each of the community colleges in making changes or undertaking
new or additional activities to comply with any requirements imposed by ACCJC.
3. To the extent possible, determine whether there are discernable trends in the number, percentage, and
types of sanctions imposed on community colleges subject to adverse action by the ACCJC compared
with actions taken by other accrediting organizations in the United States, and identify the factors
contributing to any significant variations.
4. Identify any state or federal open-meeting laws, and any changes to those laws, that applied to ACCJC
from 2009 through 2013 and whether it complied with any such laws during that period.
5. To the extent possible, describe ACCJC's policies, and any changes to those policies, in effect between
2009 and 2013 for retaining documents relating to community college accreditations.
6. To the extent possible, identify the number, contractor identity, purpose, and value of consultant
contracts entered into by ACCJC, and the entities responsible for payment.
7. Identify and assess any other issues that are significant to the process for accrediting community
colleges.
San Francisco City Attorney files Law Suit August 22, 2013
On August 22, 2013 San Francisco City Attorney Dennis Herrera filed two civil lawsuits challenging the
termination of City College of San Francisco’s accreditation. The first lawsuit was against the ACCJC for
“unlawfully allowed its advocacy and political bias to prejudice its evaluation of college accreditation
standards.” The second lawsuit was against the Board of Governors of the California Community
Colleges for impermissibly delegating “its statutory obligations to set standards and determine eligibility
for public funding to a wholly unaccountable private entity in the ACCJC.”
City Attorney Herrera's civil action alleges that the commission acted to withdraw accreditation "in
retaliation for City College having embraced and advocated a different vision for California's community
colleges than the ACCJC itself." The complaint was filed in San Francisco Superior Court. The complaint
notes that “the accrediting commission's multiple conflicts of interest, improper evaluation process and
politically motivated decision-making constitute unfair and unlawful business practices under California
law.”
Herrera noted that “"Nothing about the actions I've filed today should distract or delay City College from
doing everything in its power to solve the problems threatening its survival," said Herrera. "But neither
should these steps tempt accreditors to consider -- for even one moment -- retaliating against City
College for legitimate challenges to their conduct and authority under the law."
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"The evidence is clear that the ACCJC ignored multiple conflicts of interest, flouted laws, and allowed its
political advocacy to color public responsibilities it should frankly never have been given," Herrera
continued. "For this, the State Board of Governors is also to blame for unlawfully ceding its public duties
to a private entity wholly beyond the reach of public accountability. Though I seek to enjoin the ACCJC
from improperly terminating City College's accreditation, the issues raised by both actions go far beyond
any single college alone. This accreditation process has exposed bias, institutional flaws and illegalities
in the oversight of the nation's largest higher education system. It potentially affects 72 community
college districts, 112 community colleges, and more than 2 million students in California. The issues are
serious, and they merit rigorous scrutiny."
Herrera addressed what he considers ACCJC’s “extensive financial and political relationships with
advocacy organizations and private foundations representing for-profit colleges and powerful student
lender interests, with which the ACCJC has in recent years shared a policy agenda to significantly
narrow community colleges' longstanding open access mission.” Included in the suit was information
regarding the role of the Lumina Foundation for Education’s role in funding programs, such as those at
ACCJC, “that call for public community colleges to narrow their offerings and focus on degree
completion.” He points out how that agenda was directed toward CCSF’s long-time commitment to
open access and culminating with a decision to remove accreditation.
The law suit asks the Superior Court to:
 “Order the ACCJC to vacate the improper Show Cause and Termination decisions against City
College;
 Enjoin the ACCJC from engaging in accreditation evaluations of any of California’s 112
community colleges in a manner that violates applicable federal or state law;
 Order the ACCJC to pay $2,500 in civil penalties for each unlawful or unfair act, pursuant to
Business and Professions Code Section 17206;
 Order the ACCJC to pay the costs of suit; and
 Provide such further and additional relief as the Court deems proper.”
The cases are: People of the State of California ex rel. Dennis Herrera v. Accrediting Commission for
Community and Junior Colleges, et al., San Francisco Superior Court No. 13-533693, filed Aug. 22,
2013; and In re Legal Challenge and Petition for Rulemaking, Before the Board of Governors of
California Community Colleges, filed Aug. 22, 2013.
ACCJC Press Release of August 23, 2013 on SF Attorney Suit
On August 22, 2013 the ACCCJ placed on their website one of their typical replies to any complaint
against the Commission as follows: “The Accrediting Commission for Community and Junior Colleges
(“ACCJC”) was surprised to learn that today the City Attorney of San Francisco filed legal actions
against the ACCJC and the Board of Governors of the California Community Colleges. While the ACCJC
has not had a chance to fully review the City Attorney’s allegations, these actions appear to be without
merit and an attempt to politicize and interfere with the ongoing accreditation review process with
respect to the City College of San Francisco. The ACCJC will respond to the City Attorney’s allegations
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in a court of law.” We will see if they are as dismissive concerning this complaint as they have been
relative to each of other complaints that have been filed against them.
Trustee of Coast Community College District Support of Complaint
August 20, 2013
As an individual member of the Coast Community College Board of Trustees, Trustee Jerry Patterson
bravely sent a : “Letter of Support for Complaint Against Accrediting Commission of Community and
Junior Colleges and Request for Review of Coast Community Colleges Accreditation Warning Status”
to Kay Gilcher, Director of the Accreditation Division.
Trustee Patterson wrote as a seventeen year member and former president of the Coast Community
College Board of Trustees. He has been a part of multiple accreditations and has been following events at
CCSF as well as the recent ACCJC visit to the Coast District. In his letter Trustee Patterson wrote that he
has “become gravely concerned about how the ACCJC operates and functions.”
Trustee Patterson noted that “In 2008, our board had made some significant changes to the governance
structure of the District, given very serious instances of repeated wrongdoing that had occurred in our
Administration. The Board created a new position, "Secretary of the Board" that would be filled by a
District classified manager, hired a general counsel to bring our contracts, land development issues, and
board governance process in full compliance with all established laws, and developed Board committees
to ensure that all activities of the Board were kept open and transparent.”
Patterson went on to describe some changes that were made based on some serious breaches that occurred
in their administration. The breaches included: “a Warning Status notification from ACCJC in 2008,
regarding Orange Coast College, was hidden from the governing board by the District's administration
and the Board of Trustees was never advised nor the public given the information.”
He then went on to explain how the Board has operated and how ACCJC responded: “highly irregular
and very different from our previous Accreditation site visit in 2007, and giving cause for grave concern
about the ACCJC's objectivity in this matter.
I feel that ACCJC's actions with Coast Colleges, just as with the City College of San Francisco is unjust
and that they require investigation. I am especially concerned that so many chief executives are
involved in the Accreditation process. Why aren't more faculty, staff members and trustees involved in
this important peer review exercise? Why do community college chief executives have such a dominant
relationship with the ACCJC and yet they seem not to ever be selected for Improvement or warning of
violations? How can trustees work to reform ACCJC to improve its objectivity, and to change its
interpretation of the Accreditation standards it is charged with enforcing to be focused on transparency,
compliance with the law, and on continuous self-improvement to accomplish our mission and
guarantee student success?”
He concluded his letter with “As a Trustee, maintaining the Accreditation of our three colleges is of
highest priority, but I want to ensure that the process is completed in the most honest, open, transparent
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and legal way. Given what has been happening at San Francisco City College, and now at Coast
Colleges, I am very concerned that the ACCJC has lost its way. The students we serve need to be assured
that colleges in our community college system, as well as the Accrediting body, are keeping their best
interests in mind.”
At a Special Meeting of the Board of Trustees held on August 21, 2013, the Trustees voted 3 to 2 to send
another letter to the Department of Education stating that the view of Patterson did not represent the view
of the entire board. One of the Trustees who voted to reject the Patterson letter was Trustee Mary
Hornbuckle. Hornbuckle was quoted as saying that “I think it is an incendiary letter, and I think it may
very will blow up in our face.” Hornbuckle continued “If I were at the Department of Education and got
this letter, I would think, ‘Wow, there’s a district in serious trouble, and I might send somebody out to
here to investigate.” I guess she is so unaware of the process of accreditation that she does not understand
that the Department of Education does not investigate colleges. Of course, her remarks also make clear
the kind of fear that local governing board are operating under due to the ACCJC reign of terror.
Letter from State Superintendent of Public Instruction to ACCJC, September
17, 2013
“September 17, 2013
Dr. Sherrill Amador, Chair
Accrediting Commission for Community and Junior Colleges 10 Commercial Blvd., Suite 204
Novato, CA 94949
Dear Dr. Amador:
I am writing today to emphasize just how vital the Community College of San Francisco (CCSF) is to the
San Francisco Bay Area. I believe ensuring CCSF receives reaccreditation and is removed from its "show
cause" status as soon as possible must be a priority.
CCSF's possible closure would have clear negative impacts on our K-12 students and the economic
vitality of the San Francisco Bay Area. We must do everything possible to avoid these devastating
potential outcomes.
Over 65,000 students from the San Francisco Unified School District and South San Francisco Unified
School Districts depend upon CCSF to assist them with transferring to four-year institutions, career
technical education training, job skills and training, English as a Second Language, and other
educational opportunities.
CCSF plays a vital role in ensuring the region's students have access to our state's public higher
education institutions. For example, of the 3,849 San Francisco Unified School District (SFUSD) spring
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graduates, approximately 1,106 of them enrolled at CCSF in the fall of 2011 (29 percent of the
graduating class at SFUSD).
Students that had planned to obtain job training (like a certificate in automotive technology or computer
applications) will have to look elsewhere, potentially to more expensive private, for-profit institutions.
CCSF's closure will leave many students discouraged and unsure of how to continue their postsecondary
paths. This frustration, and the potential loss of their higher education dream, could increase the dropout
rate and lead to higher unemployment.
If CCSF closes, students who planned to attend CCSF may not be able to afford to travel to local
community colleges in neighboring areas. Those who can travel could also overload surrounding
community colleges.
CCSF has a significant impact on San Francisco's workforce. For example, nursing students who
received an Associate of Arts/Science degree at CCSF earned an average annual salary of $78,000 within
five years of earning their degree. Its closure would create a large gap in workforce education in San
Francisco, which can ultimately affect the local and state economy. CCSF offers over 200 low-cost
Career Technical Education programs. Students in the middle of their programs would have to find other
community colleges to continue their programs. Or worse, they will drop out completely.
I urge you to do everything possible to avoid the horrible outcomes I have described above. Our students,
the San Francisco Bay Area, and the state cannot afford them.
Given the recent United States Department Education findings that the City College of San Francisco
accreditation review process was flawed, I encourage the Accrediting Commission of Community and
Junior Colleges to rescind the college's show cause sanction.
Removal of the immediate disaccreditation threat will create a more positive environment. It also will
allow all interested parties to work together and take necessary steps to ensure CCSF remains open to
serve the students and the community.
If you have any questions about this subject, please contact me through Rebecca Barrett, Special Advisor
to the State Superintendent of Public Instruction, by phone at 916-3241597 or by e-mail at
rbarrettcde.ca.00v.
Sincerely,
Tom Torlakson
State Superintendent of Public Instruction”
ACCJC Press Release on Superintendent Tom Torlakson's Letter
“Novato, California - 18 September 2013:
The Accrediting Commission for Community and Junior Colleges, Western Association of Schools and
Colleges (ACCJC) was surprised to receive a letter addressed to Chair Sherrill Amador from
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Superintendent Torlakson, and copied widely to educational and political leaders in the Bay Area, in
which he asks the ACCJC to reverse the action taken on City College of San Francisco (CCSF).
The public needs to know that there is a federal regulation that mandates that an accrediting body
terminate the accreditation of an institution found in noncompliance with any standard or provide a
timeframe of no more than two years for the institution to bring itself into compliance. The ACCJC
enforced this rule after CCSF had been given far more time and opportunity - up to seven years in some
areas - to come into compliance.
When the Commission told the College in 2012 that it needed to move expeditiously to fully address
deficiencies, the institution was unable to achieve the internal consensus and commitment to action that
was needed to enact changes identified by the college Chancellor and State Trustee. The Commission's
action in June 2013 was based on the evidence provided by the College itself and by the evaluation team,
which showed the college was able to accomplish little over the previous year, was still divided and still
did not comply with Accreditation Standards.
Commission Chair Sherrill Amador stated, "The best way forward is for the institution, its staff and
faculty, to join the college leaders in making needed changes to improve the quality and secure the future
accreditation of the college. The Commission is sure that Mr. Torlakson, other political leaders and
educators in the Bay Area and the State share the belief that the students and citizens of San Francisco
deserve an institution that meets standards of quality met by 111 other public community colleges in
California.”
As I have documented in this paper, most of the community colleges have been on some sanction from
the ACCJC over the last six years for not satisfying all of the so-called “standards of quality” imposed on
them by the ACCJC. The ACCJC was criticized by the United States Department of Education for its
numerous violations of national requirements - one of those violations addressed the issue of what
constituted “noncompliance” and the unclear nature of the difference between a suggestion for a change
and a requirement to change made by a Visiting Team or the ACCJC. As state many times in this paper,
the concerns raised by the ACCJC did not address the quality of the educational program at CCSF
which by all accounts is outstanding.
September 5, 2013 Letter from Academic Senate to Department of
Education
On September 5, 2013 President Beth Smith, president of the Academic Senate of the California
Community Colleges (ASCCC), wrote to Kay W. Gilcher, Director Accreditation Division in the U.S.
Dept. of Education Office of Postsecondary Education, with regard to the upcoming review of the
ACCJC.
The ASCCC is the statewide, democratically elected organization that represents 113 California
community college academic senates. She noted that “By California Code of Regulations (Title 5
§53200(b)), the primary function of academic senates is to make recommendations with respect to
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academic and professional matters, one of which is "Faculty roles and involvement in accreditation
processes, including the self-study and annual reports. " Given this official responsibility, our member
senates are extensively involved in the accreditation process at their colleges, and, as their statewide
organization, the ASCCC not only supports them in their accreditation work locally but also seeks to
identify and report collective challenges experienced by member senates with accreditation and, when
appropriate, to make recommendations to the ACCJC for improving the general accreditation process.”
She noted that the Accreditation Group in the Office of Postsecondary Education found the ACCJC in
violation of a number of requirements to be reaccredited and particularly Criteria for Recognition
§602.15(a)(3), which states that the agency has "academic and administrative personnel on its evaluation,
policy and decision-making bodies, if the agency accredits institutions."
President Smith stated that “The Academic Senate concurs with the Accreditation Group's finding that the
ACCJC is out of compliance with respect to §602.15(a)(3) and would like to provide further evidence to
the Accreditation Group as it reviews ACCJC's status as an accrediting agency.”
She then runs through a number of Academic Senate resolutions over the year directed at the activities of
the ACCJC and its lack of faculty participation and no policy to correct this problem. She continues with
the statement that “The Academic Senate is also concerned about the ACCJC's failure to follow its own
stated policies with regard the appointment of faculty to its committees
The letter concludes with the following “With the concerns described above, the Academic Senate for
California Community Colleges respectfully asks the Accreditation Division and the National Advisory
Committee on Institutional Quality and Integrity (NACIQI) to review the ACCJC's adherence to CFR
§602.15(a)(3) and, if found out of compliance, to delay the decision to extend ACCJC's recognition
for one year to allow the ACCJC to demonstrate compliance with CFR §602.15(a)(3).
September 10, 2013 Complaint by the League of United Latin
American Citizens
On September 10, 2013 the League of United Latin American Citizens (LULAC) wrote to Kay Gilcher,
Director of the Accreditation Division in the Office of Postsecondary Education (US Department of
Education) requesting that her office “take increased action to correct the ongoing mismanagement and
misapplication of accreditation policies and procedures by the ACCJC.” “We are specifically concerned
with the reckless manner in which the ACCJC is handling its accreditation and licensing oversight of the
112 California Community Colleges (CCC).”
The League of United Latin American Citizens (LULAC) was established 84 years ago and presently has
over 120,000 active members across the nation. Its mission "is to advance the economic condition,
educational attainment, political influence, housing, health and civil rights.” In that regard, it is LULAC’s
“that higher education is the primary avenue for an individual to obtain equitable opportunity and
equitable treatment in our society. The community colleges are essentially the last line of defense for
students seeking an affordable, quality education. Indeed, the California Community Colleges are a
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critical resource for our communities and for our constituency and we therefore consider the
Commission's conduct to be a major threat to the ability of our colleges to effectively serve our students.”
The LULAC letter noted their awareness of other complaints that have been filed including the CFT/AFT
complaint but filed their complaint “because we felt it was important to not only bring further attention to
the Commission's conduct in our community, but also across the state and possibly in other outlying areas
under its jurisdiction, such as Hawaii, Guam, American Samoa, and Micronesia. Given the widespread
expressions of concern by colleges and communities regarding the conduct of the Commission across the
state, it is highly doubtful that off-shore communities subject to the Commission's oversight are not
suffering the same type of treatment. In essence, we believe the inappropriate conduct of the Commission
is systemic in nature and the problem will not be resolved unless there is intervention from a formal,
higher authority.”
The letter to the Department of Education continued: “The constant attack of community colleges across
the state in recent years by the Commission has unjustifiably shaken the confidence of the public in that
system. We are greatly concerned that this treatment is having a detrimental impact on the ability of our
community colleges to focus their undivided attention on fulfilling their compelling and intended mission
of educating our students, as opposed to wasting precious resources and countless hours of faculty and
administrator time defending their campuses against the noted threat.”
The letter notes the disproportionately harsh sanctions against California Community Colleges as outlined
in ACCJC Gone Wild. The letter also noted the Commission position that “we are not accountable to the
public” as well as “Ms. Beno’s inability to understand due process, the importance of transparency” and
“the meaning of "conflict of interest." Also noted was Beno’s “disdain for legislative enactments in our
state, such as Proposition 59 (2004), which requires that public officials maximize the public's right to
accountability from public officials.”
The letter also called attention to the attack by the ACCJC on publically elected Community College
Trustees and in particular, the attack on Trustee Art Hernandez by the Commission when he sought to
protect the educational program at Oxnard Community College. As the letter from LULAC reports: “The
Commission's stated reason for putting the district on probation was apparently not tied to the core
mission of the college pertaining to the quality of instructional and/or student services. The action of the
Commission was clearly tied to personal and political reasons. As reported in the press and stated to
LULAC by numerous college individuals, it was apparently the objective of Commission Executive
Director Barbara Beno to extinguish the voice of one outspoken College Board trustee.” In short “To the
best of our knowledge, and consistent with the letter of the law, the authority of the ACCJC does not
supersede the right of a populace to maintain and receive genuine representation from its elected
officials.”
The letter continued “After examining the noted complaints from other communities across the state and
examining the local situation in depth, it is our position that Ms. Barbara Beno and the ACCJC, as a
whole, has lost its way in terms of its founding mission.” “As amply documented in the CFT/AFT's
complaint, and reaffirmed through other similar complaints, Ms. Beno appears to be using her leverage
as a licensing agency to enforce and impose her personal and political views on local communities, with
little relevance to the core standards of the accreditation.”
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In addition: “There is no way to measure or justify the amount of time unduly wasted by VCCCD faculty
and staff defending the district against retaliatory actions by the Commission. In monetary terms, the
time-on-task by VCCCD staff assigned to needlessly appease Ms. Beno and the Commission has to be in
the hundreds of thousands of dollars. Pursuant to existent right of the public to inform elected officials
about their expectations, we are requesting that, at a minimum, your office clarify to the Commission the
importance of not interfering with the relationship that college board of trustees are entitled and required
to maintain with the electorate that they serve.”
“Finally, LULAC would appreciate whatever you can do to encourage Ms. Beno to seek a dialog with our
organization on the issues we have raised. We believe a meaningful discussion serves the best interests of
the commission, the public they serve, and the educational attainment of students.”
Complaint of September 25, 2013 by the San Mateo County
Community College District
On September 25, 2013, San Mateo Community College District Chancellor Ron Galatolo wrote to Kay
W. Gilcher, Director of the Accreditation Group of the Office of Postsecondary Education (U.S.
Department of Education) with regard to the action of the USDE to initiate action to “limit, suspend, or
terminate” its recognition of the ACCJC if, within one year, it does not correct the four deficiencies found
by the USDE.
Just as the ACCJC has required Closure Reports when it placed San Francisco City College, Diablo
Valley College, College of the Sequoias, Cuesta College, College of the Redwoods, Compton College,
Northern Marianas College, Palau Community College, College of Marshall Islands and the Salvation
Army College for Officer Training at Crestmont on SHOW CAUSE why these college should continue to
be accredited, the letter from Chancellor Galatolo requested that ACCJC be directed to do likewise.
The letter from Chancellor Galatolo stated that “Given the growing number of recent complaints that have
been made against the ACCJC; an action by California's Joint Legislative Audit Committee ordering a
comprehensive audit of the agency; the multiple remonstrations (including lawsuits filed by the City of
San Francisco, American Federation of Teachers and California Federation of Teachers); as well as its
impending follow-up review by your office, we respectfully request that the USDE consider requiring the
ACCJC to develop a similar Closure Report outlining how it would cease operations and, more
importantly, identifying alternate accrediting organizations for its member institutions.”
“California's community colleges operate under a six-year accreditation cycle and often prepare many
reports —such as Mid-Term Reports and Substantive Change Requests — throughout that six-year
period. Therefore, if ACCJC's recognition as an accrediting organization is terminated, it's imperative
that member institutions have clear direction and viable options to ensure a seamless transition to
another "recognized" accrediting body.”
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The letter concludes with the statement that “Accordingly, I strongly believe that there needs to be a clear
and concise plan in place for how the ACCJC would terminate operations to protect the interests of the
member institutions it presently serves. I greatly appreciate your attention to this matter.”
October 7, 2013 Letter from San Mateo Chancellor Galatolo
On October 7, 2013, San Mateo County Community College District Chancellor Ron Galatolo wrote to
Kay Gilcher, Director of the Accreditation Group in the United States Department of Education calling on
the Department of Education to investigate the ACCJC in relation to 34 CFR:
602.13 (a) Acceptance of Agency by Others
602.14 (a) Purpose and Organization
602.18 (b) Ensuring Consistency in Decision Making
These three areas are covered in both the CFT and my complaint to the Department of Education but it is
worthwhile repeating the arguments as they are laid out by Chancellor Galatolo.
34 CFR 602.13 Acceptance of the Agency by Others
"The agency must demonstrate that its standards, policies, procedures and decisions to grant or deny
accreditation are widely accepted in the United States by
a) Educators and educational institutions"
Galatolo writes: “ACCJC is under siege by a variety of educators and educational organizations and
their affiliates including 1) the California Joint Legislative Committee on Audits which ordered an audit
of the agency; 2) the United States Department of Education which found ACCJC to be out of compliance
with Basic Eligibility Requirements; 3) the City of San Francisco and the American Federation of
Teachers(AFT)/California Federation of Teachers (CFT) which have both filed lawsuits against ACCJC;
and 4) the California Department of Education, the League of United Latin American Citizens and the
AFT which have filed complaints against ACCJC.
In 2011, the Research and Planning Group for California Community Colleges (RP Group), found that
the orientation of ACCJC is at odds with best accreditation practices, which, according to the RP Group,
should focus on active engagement with a college community in educational quality improvement, not
punitive focus on compliance. The RP Group notes that the emphasis on compliance "...can detract from
institutional improvement priorities—implying a disconnect between the intentions of the commission and
the experience of the colleges."
In addition, the RP Group found that "transparent, open and honest opportunities for feedback without
fear of retribution are critical to the commission's relationship with member colleges" but "the colleges
interviewed found ACCJC generally unreceptive to constructive criticism and expressed a fear of
retaliation."
Please note that USDE Guidelines for Preparing/Reviewing Petitions and Compliance Reports indicate
that "Criteria §602.10-§602.13 are basic eligibility requirements. An agency that cannot demonstrate
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compliance with these sections of the criteria cannot proceed with the initial recognition process and
recognized agencies may not be eligible for continued recognition."
We do not believe that ACCJC meets this eligibility requirement.”
34 CFR 602.14 Purpose and Organization
(a) The Secretary recognizes only four categories of agencies; two of these apply to ACCJC:
1) To participate in HEA programs: An accrediting agency that has a "voluntary membership" of
institutions of higher education and satisfies the "separate and independent requirement."
(2) To participate in non-HEA programs: An accrediting agency that has a "voluntary membership".
With reference to 34 CFR 602.14 Galatolo writes that “California Administrative Code (5 CCR § 51016)
states "Each community college within a district shall be an accredited institution. The Accrediting
Commission for Community and Junior Colleges shall determine accreditation." Therefore, voluntary
membership does not exist.
We do not believe that ACCJC meets this eligibility requirement.”
34 CFR 602.18 Ensuring Consistency in Decision Making
"(b) Has effective controls against the inconsistent application of the agency's standards"
Galatolo writes that “the following statistics call into question whether ACCJC is applying its standards
consistently:
Over a ten year period (2003-2013), ACCJC sanctioned 66% of California community colleges
undergoing accreditation. During that same time period, 18 colleges had a representative sitting on the
Commission when their college underwent accreditation and NONE of those colleges were sanctioned. If
you assume that colleges which have sitting commissioners are constructively exempt from receiving
sanctions and remove them from the denominator, the sanction rate of colleges by ACCJC approaches
80%. Conversely, the average sanction rate for the other six accrediting agencies in the nation is
approximately 2%.
In the last three years, 35 of 51 California community colleges were reviewed by the ACCJC —
69% were sanctioned.
From 2003-2008, ACCJC generated 89% of all sanctions nationwide. We believe this constitutes
inconsistent application of standards—particularly in regard to colleges which have members sitting on
the accrediting commission—and we do not believe that ACCJC meets this eligibility requirement.
October 8, 2013 Letter from Beno to Dr. Bonnie Dowd Requesting Help
On October 8, 2013 ACCJC President Barbara Beno wrote to President Bonnie Dowd of the Association
of Chief Business Officers requesting help with regard to the ACCJC’s application to be reaccredited.
The letter illustrates the problems that ACCJC faces in its effort to appear respectable.
The letter read:
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“The ACCJC has submitted its petition for renewal of its recognition from the U.S. Department of
Education under the regulations for recognition of accrediting bodies associated with the Higher
Education Act of 2008. The regulations are contained largely in Part H of the Act.
The Commission is now in an approximately two week period in which it may provide responses to the
Department's preliminary analysis of the petition for recognition, with the goal of addressing any
concerns with compliance that the Department analysis may have identified. This is, by the way, the
process in which the ACCJC will have opportunity to respond to the Department's August 13, 2013 letter
that provided its preliminary findings on the CFT Complaint, a letter many of you are aware of.
The ACCJC is compiling documentation to make its case on all issues that the Department's preliminary
analysis raised. We need your assistance with one area described below.
Section 602.13:
Acceptance of the Agency by Others
The agency must demonstrate that its standards, policies, procedures and decisions to grant or deny
accreditation are widely accepted in the United States by(a) Educators and educational institutions; and
(b) Licensing bodies, practitioners and employers in the professional or vocational fields for which the
educational institutions or programs within the agency's jurisdiction prepare their students.
The USDE has indicated it received letters of gratitude from institutions about ACCJC's actions, but not
letters of support or broad acceptance for ACCJC's standards, policies, procedures and decisions.
It has indicated that it has received letters from four faculty senates at California public institutions,
three California-wide faculty organizations (unions) and one national faculty organization (AFT) that
"indicated their disagreement with the policies and actions of the agency (the ACCJC)."
If these communications remain the only "voice" of the California Community Colleges, then it is possible
that the U.S.D.E. will not be able to grant recognition to the accrediting body the region's institutions
established in 1963, the ACCJC.
I am writing in hopes that you will be willing to provide a letter to the ACCJC that describes your
institution's or your organization's commitment to ACCJC accreditation standards and policies and
practices (item (a) above.) Because the period in which third party letters written directly to the U.S.
Department of Education can be added to the recognition proceedings has closed, we ask that you send
any letters to the ACCJC. The ACCJC will be submitting all letters it receives as evidentiary documents,
along with a narrative response to the Department's comments, and record of the ACCJC's various
partnerships with higher education organizations in the region, and documentation of the wide
participation of administrators, educators and others in accreditation activities.
Please feel free to call me or Krista Johns at the ACCJC offices if you we can answer any questions.
Please send your letter by October 18, 2013. The ACCJC's deadline for submission is October 25, 2013.”
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And what will be the reprisal for those not submitting letters of approval to the ACCJC?
Oct. 24, 2013 Chancellor’s with Opposing Views
ACCJC Commissioner Kinsella Writes
On October 24, 2013 ACCJC Commissioner and Gavilan College CEO Steve Kinsella wrote an e-mail to
CEOs statewide entitled Does Your Accreditation Really Matter. In the e-mail he made the claim that
“membership organization” ACCJC “is threatened by faculty unions who are attempting to decide
among other things which organizations are to be accredited.” The purpose of the letter was to get CEOs
across the state “speak up for your accrediting commission.” He then goes on to argue that it is very
difficult for people to stand up to union power, but they should. “Those of you who have challenged the
faculty unions know the sacrifice and price of demonstrating the courage to say no when you must. That is
the type of leadership you now have to demonstrate to retain your accrediting commission.” He goes on
to write that CEOs are urged to stand up to the unions and their “paid consultants in the Assembly and
Senate.”
Kinsella concludes with the following: “if you think this is an ACCJC issue you need to think beyond this
because this is nothing more than a fight for total control, void of all but legal constraints that enrich
faculty with more entitlements every year. Once they control accreditation they own you.” “If you are
willing to stand next to the handful of us who see this issue for what it really is then you need to take a
couple minutes to write a letter as the CEO of your college that says the accreditation standards are
accepted in your service area and that those standards (and your accreditation) are supported by your
communities.” I guess the CEOs now speak for the service area and the communities, not just for
themselves or for the District Governing Board when it so agrees.
“Oh yes” he writes in the following PS: “I have great personal respect for the faculty I have had the
pleasure of working with over the past 23 years. The unions however continue to show a single sided
winner take all viewpoint.”
San Mateo Chancellor Galatolo Replies
Later in the day San Mateo District Chancellor Ron Galatolo wrote an e-mail to the CEOs in answer to
Kinsella. He began with: “In response to Steve’s email, the benefits of accreditation and of a regional
accrediting agency are not in question. The issue is ACCJC’s inconsistent application of its own
standards; its punitive focus on compliance – irrespective of relevance; its imposition of numerous
sanctions; its preferential treatment of its own Commissioners; and its indifference to the application of
reasonable due process.”
He stated his belief that the termination of CCSF’s accreditation was an “egregious error in judgment of
epic proportions” and that “CCJC has fundamentally harmed the reputation of our entire system and
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reinforced my belief that the ACCJC has not been objectively operating in the best interest of its member
colleges for an extended period of time.” He urged the CEOs to read “the well-prepared CCSF Show
Cause Evaluation Report at the following link:
http://www.ccsf.edu/ACC/CCSF%20Show%20Cause%20Visit%20Team%20Report_05_20_2013.pdf”.
“The report highlights the status of 14 recommendations made by the 2012 evaluation team. As you read
those recommendations, I ask you to preface each one with: City College of San Francisco should be
closed permanently because…”
“As an example using the first recommendation in the report, City College of San Francisco should be
closed permanently because they do not have a ‘prescribed process and timeline to regularly review the
mission statement and revise it as necessary.’ Or, the second recommendation, City College of San
Francisco should be closed permanently because they did not ‘develop a strategy for fully implementing
its existing planning process.’”
“CCSF is an imperfect institution – we all are! But do we eternally deny access to 85,000 students in San
Francisco because of these largely non-academic issues or do we collectively get behind an institution
that is performing (according to the State Chancellor’s Office Scorecard data) well above the statewide
average in Completion, Persistence and Remedial English as well as ESL?”
Galatolo then notes that “The ACCJC is under siege by a variety of educators, public officials and
educational organizations: 1) the California Joint Legislative Committee on Audits ordered a formal
State audit of the ACCJC; 2) the United States Department of Education found the ACCJC to be out of
compliance with Basic Eligibility Requirements; 3) the City of San Francisco and the American
Federation of Teachers (AFT)/California Federation of Teachers (CFT) have both filed lawsuits against
the ACCJC; and 4) the California Department of Education, the League of United Latin American
Citizens and the AFT have filed complaints against the ACCJC.”
He then goes over the record of the ACCJC: “Over a ten year period (2003-2013), the ACCJC sanctioned
66% of California’s community colleges undergoing accreditation. Since 2007, all 112 California
community colleges were reviewed by the ACCJC – 71 of 112 colleges were sanctioned (63%). In the last
three years, 35 of 51 community colleges were reviewed by the ACCJC – 69% were sanctioned.
Conversely, the average sanction rate for the other accrediting agencies throughout the nation is
approximately 2%. From 2003-2008, ACCJC generated 89% of all sanctions nationwide.” He also notes
that the “ACJC Commissioners have ignored recommendations of the visiting teams they sent out to
review institutions.”
“In March of 2013, Santa Barbara City College received a prominent national award by the Aspen
Institute for “high achievement and performance in America’s community colleges” – Santa Barbara was
chosen from more than 1,000 colleges nationwide. Nevertheless, the ACCJC sanctioned that very same
college two months earlier, in January of 2013.”
Chancellor Galatolo goes on to mention the results of RP Group study and the findings of the United
States Department of Education (USDE) that are discussed elsewhere in this paper. Galatolo goes on to
note that “in response to the USDE’s letter informing the ACCJC that it did not have ‘letters of support or
broad acceptance for ACCJC’s standards, policies, procedures and decisions’ from educators and
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educational institutions, the ACCJC President selectively petitioned CEOs, educational organizations
and others asking them to send support letters in order to bolster ACCJC’s request for reauthorization.
The President also asked the responders to send these letters directly to her and not straight to the USDE.
The ACCJC President is soliciting these letters of support from colleges that it accredits, which could
exert undue influence on those individuals and entities to respond favorably.”
Chancellor Galatolo concludes his e-mail by noting that “Lastly, this email comes from a district that has
all three of its colleges fully accredited. I have no personal axe to grind, nor am I expecting any ‘awards
granted by union power.’ I merely care about the long-term welfare of our exceptional system as a
whole!”
The reader will have to decide who is braver, the CEO that stands with the ACCJC against the faculty
unions or the CEO who is willing to risk the ACCJC wrath on his colleges (which will all be up for
accreditation review this year) by standing up and telling the world how the ACCJC has actually been
behaving.
Save CCSF Coalition Files November 4, 2013 Lawsuit
On November 4, 2013, a lawsuit in Superior Court was filed against the ACCJC by the Save CCSF
Coalition. The Plaintiffs and Petitioners included Madeline Mueller, Wendy Kaufmyn, Leslie Simon,
Vincent Tarikhu Farrar, Monica Collins, Thea Matthews, Shanell Williams, Martin Madrigal, Itzel Calvo
Medina, and Arla Ertz. The Petitioners are a combination of employees and students of CCSF.
The lawsuit contends that the “Community College of San Francisco ("CCSF") is committed to its mission
of providing everyone who is able to learn with open access to education. Its accrediting agency, ACCJC,
contends that the sole purpose of a community college is to serve as a feeder system for four-year
degrees. Because of its disapproval of CCSF's philosophy, and not because of any inherent problems
with CCSF, ACCJC decided to revoke CCSF's accreditation. ACCJC imposed this harsh sanction
arbitrarily, using lawless methods and ignoring the findings of its own review committees to withdraw
CCSF's accreditation.”
“They bring this action seeking a writ of mandate against ACCJC to protect their interest in CCSF's
continued existence. They should prevail because ACCJC's decision-making process was marred by
conflicts of interest, numerous violations of applicable regulations, and sustained disregard of its own
policies. ACCJC abused its discretion and failed to proceed in the manner required by law, and
mandamus should lie compelling it to forbear from revoking CCSF's accreditation.”
The laws suit notes that the State Board of Governors of the California Community Colleges ("the BOG")
has designated the ACCJC “as the accreditor for California's community colleges, granting them sole and
absolute discretion to set standards and make decisions about community college accreditation. ACCJC
therefore wields the power of life and death over all California community colleges.”
The lawsuit notes that: “ACCJC has a history of strongly supporting a shift from the "open access" model
of community colleges to a junior college model of maximizing the rate at which students earn associate's
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degrees. The Lumina Foundation, an organization with ties to for-profit colleges and the private student
loan industry, has facilitated this policy through generous donations to ACCJC's parent organization, the
Western Association of Schools and Colleges ("WASC"). Accordingly, the ACCJC strongly supported a
suite of policy changes created by the BOG's Student Success Task Force, which would strip financial aid
from students who take too long to earn a degree, students whose grades dropped below a certain
threshold, and students who did not designate an approved ‘program of study.’ “
The lawsuit also addresses the fight in the legislature over open access in which CCSF and ACCJC were
on opposing sides and then the ACCJC decision to place CCSF on SHOW CAUSE “repeatedly
denounced CCSF's open access mission, and the accompanying report said that the ‘college has not
demonstrated the will to reexamine the scope of the college's mission... there is no process to reduce the
scope of programs and services provided across the service area.’”
The lawsuit notes the Department of Education letter of August 13, 2013 that the ACCJC had not
complied with 34 CFR in various places including the lack of clarity regard “deficiencies” and
“recommendations” as well as appearance of conflict of interest. The members of the subsequent Visiting
Team “were affiliated with organizations that had publicly supported the Task Force recommendations.
Nevertheless, the team concluded that CCSF had met or was on the way to meeting all of ACCJC's
recommendations. The Show Cause Visiting Team's report concluded that, of the 14 recommendations
made by the 2012 Evaluation Team, CCSF had fully addressed four and partially addressed the rest.”
“This degree of progress would have saved any other school with Show Cause status. But ACCJC was
put in a position that gave it the opportunity to punish those who criticized its politics, and it took the
opportunity.”
“Without explanation, ACCJC overruled the team that had actually inspected CCSF, declaring that CCSF
had in fact fully met only two of the recommendations and had partially met only one. For example,
Standard I.B.2 reads, "The institution sets goals to improve its effectiveness consistent with its stated
purposes. The institution articulates its goals and states the objectives derived from them in measurable
terms so that the degree to which they are achieved can be determined and widely discussed. The
institutional members understand these goals and work collaboratively toward their achievement."
“The Visitation Team reviewed CCSF's progress towards meeting Standard 1.B.2 in its Show Cause
Evaluation Report, and found that ‘the revised program review system has strengthened the ability of the
college to use both qualitative and quantitative data, as is evident from the quality of the program reviews
and the use of those reviews to develop prioritized lists of resource requests. Conclusion: The college
meets the standard.’ In its Termination Letter, ACCJC declared that CCSF had failed to meet Standard
1.B.2, without any explanation of its decision or evidence to support its conclusion.”
“ACCJC's Commission overruled its own 2013 evaluation team by adding eleven violations of ACCJC's
non-academic standards not found in the evaluation team's report. ACCJC's rules allow this practice only
when the college is first given written notice and an opportunity to respond to the new charges in writing.
The rules also require that the final decision on such added charges to be postponed to the next regular
Commission meeting, currently scheduled for January 2014. ACCJC failed to do so.”
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The suit also noted that “CCSF has never before faced any sanction, including the lower ‘Warning’ and
‘Probation’ sanctions that ACCJC had at its disposal. ACCJC took the virtually unprecedented step of
imposing the death sentence against a first offender, motivated primarily by CCSF's actions in publicly
criticizing ACCJC's politics.”
The law suit spells out how “ACCJC committed multiple violations of both its own rules and of
applicable laws and regulations, it has failed its common law due process obligations with regard to both
CCSF and those who are benefitted by CCSF” and that “ACCJC's various improper acts also violate
California Business and Professions Code § 17200, which prohibits any ‘unlawful, unfair, or fraudulent
business act or practices.’”
“Petitioners do not have a plain, speedy, and adequate remedy at law. Petitioners are informed and
believe that there are no available legal procedures to redress the harm they will suffer if their requested
relief is denied. Petitioners are informed and believe that they do not have access to any administrative
procedures to address those harms.” The only recourse open to the faculty, students, and community to
the action of the ACCJC is the kangaroo court of appeal set up by the ACCJC itself discussed elsewhere
in this paper.
In short, the suit’s claim is that the ACCJC has violated law “by engaging in unlawful, unfair, and/or
fraudulent acts, including but not limited to:
Unfairly evaluating CCSF while engaged in a public political fight with it;
Unfairly appointing President Barbara Beno's husband to serve on the 2012 Evaluation Team;
Unfairly filling a voting majority of the 2012 Evaluation Team and the 2013 Show Cause Visiting Team
with individuals affiliated with organizations that endorsed ACCJC's side of its political struggle with
CCSF;
Unlawfully violating 34 CFR § 602.15(a)(3) by failing to ensure reasonable academic representation on
the 2012 and 2013 teams;
Unlawfully violating 34 CFR § 602.15(a)(6) by failing to establish clear and effective controls against
conflicts of interest and the appearance of conflicts of interest, and by appointing President Beno's
husband to serve on the 2012 Team;
Unlawfully violating 34 CFR § 602.18(e) by failing to inform CCSF which of its recommendations
indicated noncompliance with an accreditation standard, and which presented an opportunity to improve
upon standards with which CCSF already complied.
Unlawfully violating 20 USC §1099b(a)(4)(A) and 34 CFR § 602.18 by applying and enforcing
accreditation standards hostile to, rather than encouraging of, the open access mission encouraged by the
California legislature and embraced by CCSF.
ACCJC's practices, as set forth in this complaint, constitute unfair business practices because they offend
established public policy and cause harm that greatly outweighs any benefits associated with those
practices.”
The petitioners are asking for the following:
“For a temporary restraining order and preliminary injunction restraining the respondent from
taking any action pursuant to its Decision pending trial.
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For a declaration that respondent has violated its duty by deciding to de-accredit CSF other than
in the manner required by law, and without substantial evidentiary support.
For a peremptory writ of mandate to be issued under the seal of this Court commanding
respondent ACCJC to vacate and set aside its decision to de-accredit CCSF, and to re-evaluate CCSF's
status in the manner required by all applicable laws, regulations, and policies.
For their costs of suit.
For reasonable attorney's fees under California Code of Civil Procedure § 1021.5.
For other equitable or legal relief that the Court considers just and proper.”
Academic Senate for California Community Colleges Addresses ACCJC
Issues
At its Fall 2013 Plenary Session the Academic Senate for California Community Colleges (ASCCC)
approved a number of resolutions related to the ACCJC. The delegates from the community colleges in
California made clear their interest in changing the current behavior of the Commission.
Role of Academic Senate
First the Senate made clear what they felt the role of the ASCCC and local senates with regard to
accreditation should be. The addressed their role in working with the ACCJC and local college faculty. To
that end they approved the following statement:
“The Academic Senate for California Community Colleges (ASCCC) values the peer review process of
self-reflection and improvement known as accreditation. Since local academic senates have Title 5mandated roles within the accreditation process, the ASCCC sees its primary responsibility as helping
colleges to meet the adopted standards for which they will be held accountable and to generate
comprehensive and forthright assessments of progress toward the standards. The ASCCC's main tool for
supporting colleges is the annual Accreditation Institute, through which faculty and other colleagues are
encouraged to learn about and address the standards and recommendations from the Accrediting
Commission for Community and Junior Colleges. Additionally, the Academic Senate shares accreditation
information and provides support through local college visits and regional presentations.”
“As a professional matter, in support of the ideal of a fair and meaningful accreditation process, the
ASCCC's secondary responsibility is to recommend and advocate for improvements to the accreditation
standards and processes by providing thoughtful feedback and input to all accreditation participants.”
In short, the ASCCC expects to take a strong role in the consideration of changes to the standards and
processes of the ACCJC.
Faculty Participation
A second resolution noted that the ACCJC has not paid attention to its’ expressed “concerns regarding
faculty participation and representation on the Commission's committees and on on-site evaluation teams
through a variety of means, including resolutions passed by the body, concerns expressed to the
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California Community College Chancellor’s Office, and the Board of Governors, and letters sent by the
Academic Senate to the U.S. Department of Education (USDE).”
Transparent Operation
The Plenary supported a resolution that noted areas where lack of transparency exist in the ACCJC
process. The approved resolve called "on the ACCJC to implement a policy of transparency in its
proceedings and decision making which includes the opportunity for the public to discuss proposed
sanctions before they are voted on and publishing visiting team recommendations for sanctions and
minutes of ACCJC meetings including a tally record of votes taken."
In addition, the delegates approved the following Resolve: “That the Academic Senate for California
Community Colleges urge the ACCJC to model and exemplify for its member institutions effective and
transparent self-evaluation practices by acknowledging and addressing any areas of non-compliance
identified in evaluations by the USDE’s Accreditation Group and the National Advisory Committee on
Institutional Quality and Improvement (NACIQI), and to document and make public what steps it will
take to address any areas of non-compliance.”
Time Line for Rule Changes
The Academic Senate also expressed its concern with rule changes made without their input and with a
time line that was difficult to satisfy: “Resolved, That the Academic Senate for California Community
Colleges formally request that the ACCJC provide member institutions opportunities for meaningful
input to the ACCJC about any proposed changes to the required annual reports, and that any adopted
changes by ACCJC to annual reports be published at least one year in advance of the effective date of
implementation of the required annual reports.”
Use of the Word “Recommendation”
Another issue discussed was the requirement to make changes to satisfy “recommendations” of the
Commission within two years. They noted in a resolution that “The Accrediting Commission for
Community and Junior Colleges (ACCJC) currently uses the term "recommendation" in two senses when
communicating the Commission's actions, namely, "to meet the standard" or "to improve institutional
effectiveness," and thus it is unclear which of the "recommendations" issued to member institutions by the
ACCJC fall under the Two-Year Rule.” The resolution added that “ACCJC's use of the term
‘recommendation’ in two different ways concerned the Accreditation Group of the United States
Department of Education enough for it to note in its memo to the ACCJC dated August 13, 20132 that
‘what is not clear is how the recommendations are differentiated between the two types and how an
institution, an evaluation team, the Commission, or the public is to know the difference’”
This is one of the issues that arose over the ACCJC decision to decertify CCSF.
The resolution concluded with a resolve that “the Academic Senate for California Community Colleges
formally request that the ACCJC adopt and employ two consistent terms: One, such as ‘action required’
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for those ACCJC findings of non-compliance that must be addressed under the Two-Year Rule, and a
second term such as ‘recommendation’ used exclusively for Commission suggestions that the institution
may implement at its discretion.”
Had this distinction been made years ago we may have experienced fewer sanctions by the ACCJC on the
community colleges of California.
Training and Composition of Visiting Teams
The Senate passed a resolution regarding improvement in training and inter-rater reliability of
Visiting Teams. The resolution noted that “visiting teams that visit institutions completing selfevaluations vary widely in composition and background, resulting in recommendations often more
focused on team members' areas of expertise than a balanced evaluation of all standards;”“ACCJC
standards tend to be subjective, vague and open to interpretation allowing for inconsistencies from one
visiting team to another;” and “ACCJC does not appear to evaluate its own processes to determine if
standards are being applied fairly and consistently across institutions.” The resolution went on to “urge
the ACCJC to include training to promote inter-rater reliability in and among visiting teams sent to
institutions under review;” and
“urge that ACCJC conduct evaluations to determine if standards are being consistently applied across
institutions and that their findings be reported to all colleges.”
CCSF Accreditation
Another resolution that was approved by the body involved the removal of accreditation of CCSF by July
1, 2014. Noting that the disaccreditation “is being contested legally by at least three pending lawsuits, an
unprecedented situation which has never been faced by colleges on accreditation sanction” and the
difficulty implementing changes in this atmosphere, the ASCCC called on the ACCJC to “extend the
deadline by one year for CCSF to meet accreditation compliance based on CCSF's ongoing efforts to
meet the accreditation standards.” There was much discussion and agreement regarding the various
violations that the ACCJC has made in the accreditation process as well as the unusual number of
sanctions levied but the body was unwilling to put those into the resolutions themselves for fear of
complications that might develop in the working relationships between the ACCJC and the Senate - both
statewide and locally.
Draft of Proposed Changes in Standards
A number of resolutions involved a draft of new proposed accreditation standards that were revealed by
representatives from the ACCJC at lunch meeting. Delegates were surprised at some of the changes that
were not made clear by the presenters from ACCJC. One resolution was in response to the proposed
movement toward “adopting standards with less focus on the diversity and equity.” This concern
included the fact that the draft removes the language from Standard II.A.1.a. that states “The institution
identifies and seeks to meet the varied educational needs of its students through programs consistent with
their educational preparation and the diversity, demographics, and economy of its communities.” It
makes this removal “without replacement.”
The draft also removes language from Standard II.B ( “The institution recruits and admits diverse
students who are able to benefit from its programs, consistent with its mission”) without replacement as
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well as language from Standard II.B.3.d (The institution designs and maintains appropriate programs,
practices, and services that support and enhance student understanding and appreciation of diversity).”
As a consequence the Senate passed a resolution “Affirming Support for Diversity and Equity in
Accreditation Standards.”
“Resolved, That Academic Senate for California Community Colleges strongly urge the Accrediting
Commission for Community and Junior Colleges to retain requirements in the standards for colleges to
actualize the principles of student equity and foster respect for diversity including a standard that
institutions recruit and admit diverse students who are able to benefit from their programs, consistent
with their mission; and
Resolved, That Academic Senate for California Community Colleges strongly urge ACCJC to include a
standard that institutions demonstrate commitment to hiring and maintaining personnel of diverse
backgrounds, recognizing the significant educational role such diversity plays in the education of all
students.”
Libraries and Learning Support Services
Another area of concern in the draft of proposed changes had to do with Libraries and Learning Support
Services. The new standards were drafted “to replace the 2001 Standards without incorporating
proposals given to the Commission from the Council of Chief Librarians, a group that represents
librarians in the California Community Colleges, to strengthen the coordination of student learning
among librarians, learning support staff, and discipline faculty.”
“The ACCJC draft Standards weaken, to the detriment of student learning, the criteria used in the 2002
Standards in regard to information competency and access to library materials and services regardless of
location or means of delivery” and “eliminate all reference to institutions ‘providing personnel
responsible for student learning programs’ and eliminate the current Substandard II.C.2 entitled ‘Library
and Learning Support Services’ and places the standards now in that section under Standard IIB (Student
Services).”
The Academic Senate for California Community Colleges then resolved to “advocate for the concerns of
library faculty and advocates for reconsideration of the draft Standards by the ACCJC at the January
2014 meeting of the ACCJC.”
Part-Time Faculty
Noting that California Education Code §87482.8(d) states that “Part-time faculty should be considered to
be an integral part of their departments and given all the rights normally afforded to full-time faculty in
the areas of book selection, participation in department activities, and the use of college resources,
including but not necessarily limited to telephones, copy machines, supplies, office space, mail boxes,
clerical staff, library, and professional development.”
The Academic Senate for California Community recommended “that the Accrediting Commission for
Community and Junior Colleges add to II.A.8 or another appropriate location in the accreditation
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standards, language that reflects the expectation that colleges will provide equitable access to college
infrastructure and resources to all faculty members so that the teaching mission of the college may be
more effectively attained.”
Visiting Team Reports and Privacy
ACCJC Visiting teams are given one day of training and then sent out to a college to do an evaluation.
The training is seen by many to be inadequate to the task involved. Team leaders are also not well
educated on how to write a report and how far they are allowed to go with recommendations that are
overly micro-managing in nature. The lack of adequate training violates 34 CFR 602.15(a)(2)”.
The Visiting Team compositions are often at odds with federal requirements. This was specifically
pointed out in the letter of August 13, 2013 from the Accreditation Group in the Office of Postsecondary
Education with regard to the lack of adequate faculty representation on the Visiting Team for City College
of San Francisco. I have noted other colleges that have had a similar problem. This practice of under
representation by college faculty was cited as one of the violations that the ACCJC had committed in
regard to its action against CCSF. They found that, among other violations, the lack of faculty on teams
represented a violation of 34 CFR 602.15(a)(3).
College representatives that met with visiting teams have often been surprised by the harshness of some
of the sanctions imposed by the Commission. Many of the visiting team members assured the local
college that their accreditation would go smoothly only to find that the college was put on Warning,
Probation, or Show Cause. Members of the college accreditation team are left to wonder what happened.
In addition, several team members on college visits have confidentially disclosed that their team’s
recommendations regarding their team’s recommended level of sanctions were changed to more harsh
sanctions by the Commission. The RP Group report (discussed later in this paper) supports this
conclusion.
There is no public record of what the teams recommended with regard to the level of sanctions but
it appears that since each team is assigned an ACCJC staff member who “helps” the chair of the visiting
team write the final report, the actual sanctions are often based on the current demands of the staff
member and Barbara Beno rather than on the recommendation of the Visiting Team. The teams tend to
deal with the way the college is operating today whereas the ACCJC itself appears to be also interested in
the long-term compliance of the college and will make sanctions harsher when it feels that the college
has not been adequately responsive to the demands of the ACCJC or the recommendations of the visiting
team – even when those recommended changes did not reach the level of requiring a sanction be
imposed.
It is very difficult to find out what happens from the time the visiting team report is submitted and the
final judgment by the Commission is made. It does appear to be true that the ACCJC commissioners
themselves actually vote on the sanctions to be imposed (although no official record of voting is available
to the public or to the colleges sanctioned). It is clear from all information that I have uncovered that
Barbara Beno plays a heavy hand in discussions. Her approach is identified as a “my way or the highway”
approach.
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One cause of the secrecy in the ACCJC process results from ACCJC rules on confidentiality. In one part
it reads: “In order to assure the accuracy and appropriateness of institutional information which is made
public, the Commission expects evaluation team members to keep confidential all institutional
information read or heard before, during, and after the evaluation visit. Except in the context of
Commission work, evaluation team members are expected to refrain from discussing information
obtained in the course of service as an evaluation team member. Sources of information that should
remain confidential include the current Institutional Self Evaluation Report; previous External Evaluation
Reports; interviews and written communication with campus personnel, students, governing board
members, and community members; evidentiary documents, and evaluation team discussions.”
“The institutional file in the Commission office is part of the private relationship with the institution and
is therefore not available to the public. Correspondence and verbal communication with the institution or
its members can remain confidential at the discretion of the ACCJC President. The Commission will
consider institutional requests for confidentiality in communications with the Commission in the context
of this policy.”
In addition, the work of the Commission in determining the sanctions is done in private. The public is
thus unable to determine if the final determinations are the work of one person, come after a vote of
the Commission members, or are determined by some method of consensus. Actual votes are never
published. There is a virtual cone of silence imposed on the proceedings.
Commission Composition
The ACCJC Commissioners are not representative of the diversity in the California community colleges.
The large urban districts such as Los Angeles, San Francisco, San Diego, San Jose - Evergreen, and Long
Beach are not represented on the Commission whereas Riverside City College has two member of the
Commission. The faculty of the California Community Colleges are represented by only four of the
members of the Commission. The Commission also includes a number of members who were not well
respected as administrators at their home campus. The Commission also does not reflect the diversity of
California’s population.
Currently the Commission members are elected by representatives of the colleges. First a slate is
produced and then others can nominate themselves by getting 10 colleges to sign their nomination form.
One person involved in selecting a slate wrote me to say “It was a while ago and may not be of any
interest to you, but I was asked to serve on a selection committee for ACCJC board members. Talk about
a slate! I walked in and was told who we would recommend and why. It was clearly done on the basis of
reward and punish! Beno may have changed the policies since then—but I bet the fundamental features of
the process remain the same.”
Many of the present and past ACCJC Commissioners have served as members of college visiting teams. It
is not clear if they voted when those college accreditations came up for a vote before the Commission.
The votes on the levels of sanctions imposed are not made public.
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Dr. Sherrill Amador | Chair
Dr. Amador serves as a public member of the Commission. Dr. Amador began her service on the
Commission July 1, 2004. She was a very unpopular college president at Palomar College where she
received several votes of non-confidence.
Dr. Steven Kinsella | Vice Chair
Dr. Kinsella serves as an administrative member of the Commission. He serves as Gavilan College’s
Superintendent/President where his total compensation is currently in excess of $255,000 per year. Dr.
Kinsella began his service on the Commission in January 2010. Politically he serves as an Advisory
Board Member of The Campaign for College Opportunity. The Campaign for College Opportunity is a
California non-profit organization. It was founded by a group including the Community College League
of California, the California Business Roundtable, and the Mexican-American Legal Defense Fund. It has
been active in lobbying the state legislature on bills of interest to the community colleges.
Kinsella had also served as the chairperson of the Joint Powers Authority (JPA) of the Community
College League of California (CCLC) about a year before becoming a Commissioner. The JPA is
designed to help districts comply with GASB 45 (funding employee health retirement) with the
establishment of an Investment Trust under the control of the JPA. Gavilan College has joined the JPA
and pays money into the CCLC JPA. The District also contracts with the CCLC to help develop its
policies. Dr. Kinsella has served on a number of ACCJC college/district visiting teams in which he
participated in looking at the college’s pre-funding of GASB 45. He also served on an ACCJC task force
that helped to create what are called “Required Evidentiary Documents” that are used to evaluate
institutional financial services to reflect “accounting requirements for other post-employment benefits and
liabilities ..” In short, Kinsella helped develop the CCLC JPA, then helped the ACCJC to develop a
standard directed at funding GASB 45, participated in teams looking at GASB 45 funding, and finally
voted as part of the Commission on college sanctions. Kinsella is a former marine.
Dr. Joseph Bielanski, Jr.
Dr. Bielanski serves as a faculty member of the Commission. He serves as the Institutional Effectiveness
Coordinator and Articulation Officer Berkeley City College (where Commission President Barbara Beno
served as a college president). Dr. Bielanski began his service on the Commission July 1, 2010. He was
appointed to the California Community College Board of Governors on November 30, 2011. He was
elected to a second three-year term in June of 2013.
Dr. Timothy Brown
Dr. Timothy Brown serves as a faculty member of the Commission. He is the Chair of English and
Speech Communications at Riverside City College. Dr. Brown received his Ed. D. in 1996 from
Pepperdine University where, for his dissertation study, he developed an evaluation model to assess the
effectiveness of reading instruction to adults using the television as the primary delivery mode. Dr. Brown
began his service on July 1, 2011.
Mr. Chris Constantin
Mr. Constantin serves as a public member of the Commission. He serves as Assistant City Auditor for
San Diego. Mr. Constantin began his service on the Commission July 1, 2010. He was elected to a second
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term in July of 2013.
Dr. Gary Davis
Dr. Davis represents the Accrediting Commission for Schools of WASC. Dr. Davis began his service on
the Commission July 1, 2010. As of July 1, 2013 he is no longer a member of the Commission.
Dr. Frank Gornick
Dr. Gornick serves as an administrative member of the Commission. He is the Chancellor at West Hills
Community College. Dr. Gornick was active in the CCLC-JPA. He has served on a number of visiting
teams that improperly addressed the GASB 45 issue. Although the voting is made in secret, it is likely
that Gornick voted on the accreditation of colleges that were “dinged” for not funding their GASB 45
projections. A number of administrators who served on visiting teams have also served on the CCLC JPA
board. Chancellor Dr. Gornick began his service on the Commission on July 1, 2009.
Dr. Sharon Loucks
Dr. Sharon Loucks joined the Commission on July 1, 2013. She is retired from education. She served as
an Administrative Assistant in the Department of Sociology at Ithaca College in New York. She is a
member of the Ready Springs Union Elementary School District Board of Education in Penn Valley,
California. She was a speaker at the November 2012 California School Boards Association Education
Conference.
Ms. Virginia May
Ms. May serves as a faculty member of the Commission. She teaches mathematics at Sacramento City
College. Ms. May began her service on the Commission July 1, 2009.
Dr. Richard Mahon
Dr. Mahon serves as a faculty member of the Commission. He teaches Humanities at Riverside City
College. He is the second serving member from Riverside City College. Dr. Mahon began his service on
the Commission July 1, 2012.
Mr. Charles Meng
Mr. Meng serves as a public member of the Commission. He served 14 years as member of the Napa
Valley Board of Trustees. He was once an active member of the Community College League of
California. He served in the U.S Army Corps of Engineers after attending West Point. Mr. Meng began
his service on the Commission January 1, 2011. He was elected to a second term in July of 2013.
Dr. John Morton
Dr. John Morton joined the Commission on July 1, 2013. He is representing the six community colleges
of the University of Hawai’i. He is the University of Hawai’i Vice President for Community Colleges. In
2012 he was quoted as stating that “Workforce development is a critical factor in successful economic
development.” “Producing graduates with the right training for high-growth industries not only supports
the state’s economic goals but also attracts new businesses to setup shop here in Hawai’i.”
Ms. Susan Murata
Ms. Murata serves as a faculty member of the Commission. She is the Library Director at Kapi'olani
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Community College. Ms. Murata began her service on the Commission July 1, 2010. She was elected to a
second term in July of 2013.
Dr. Raul Rodriguez
Dr. Raul Rodriguez serves as an administrative member of the Commission. He currently serves as
Chancellor in the Rancho Santiago Community College District where his compensated is in excess of
$250,000 per year. Dr. Rodriguez began his service on July 1, 2011.
On March 28, 2009, as college president at Delta College, Dr. Rodriguez issued the following
statement regarding the action of the ACCJC that placed Delta College on probation: “On February 6th I
received notification from the Accrediting Commission for Community and Junior Colleges that they
have placed Delta College on probation. Additionally, the Commission is asking us to provide a second
report by March 15, 2009.”
“As you know, the college has been on warning status since June of 2008. Since that time, we
have accomplished a great deal toward addressing the recommendations provided to us by the
Commission. We provided evidence of this continuing work to the Commission in the form of a followup report dated October 21, 2008. Being placed on probation was clearly not the result that we hoped for
or expected for our efforts. However, that work did have some positive results. That is, the Commission
has now reduced the number of recommendations on which we have to report from eleven down to six.
Without downplaying the significance of the remaining recommendations, the good news is that we have
been consistently working on these recommendations since we submitted the last report. This does not
mean that there is not work to be done. There is a lot yet to be done and we will have to redouble our
efforts to get it done. We will have to make this our top priority and marshal our resources to make
improvements that remedy our deficiencies and that satisfy the Commission.”
“It is of little solace that we have plenty of company across the state. A number of colleges are
already on warning, probation, or show cause status and a number of others have just been placed into
those categories. There is a general consensus across the community colleges that the Commission is
taking a hard line on colleges that deviate from the accreditation standards and recommendations.”
Mr. Michael Rota
Mr. Rota represents the seven community colleges of the University of Hawai’i. Mr. Rota began his
service on the Commission July 1, 2004. Michael Rota is no longer a Commissioner.
Dr. Barry Russell
Dr. Barry Russell represents the California Community Colleges Chancellor's Office on the Commission.
Vice Chancellor of Academic Affairs. He is a former Vice President of Instruction at College of the
Siskiyous and dean at El Camino College. Dr. Russell began his service on July 1, 2011.
Dr. Eleanor Siebert
Dr. Eleanor Siebert represents the Accrediting Commission for Senior Colleges and Universities of
WASC on the Commission. Dr. Siebert began her service on July 1, 2011.
Dr. Marie Smith
Dr. Smith serves as a public member of the Commission. Dr. Smith began her service on the Commission
July 1, 2007.
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Dr. Patrick Tellei
Dr. Patrick Tellei represents the Pacific Postsecondary Education Council on the Commission. Dr. Tellei
began his service on the Commission July 1, 2008.
Dr. Ian Walton
Dr. Ian Walton joined the Commission as of July 1, 2013. He is a former state president of the Academic
Senate and Mathematics Professor. He is now retired and serving as a public member of the Commission.
Dr. Sharon Whitehurst-Payne
Dr. Sharon Whitehurst-Payne serves as a public member of the Commission. She is from Cal State
University San Marcos where she serves as the chair of the Education Dept. Dr. Payne began her service
on the Commission July 1, 2008.
Mr. John Zimmerman
Mr. John Zimmerman represents independent institutions on the Commission. He serves as president of
MTI College in Sacramento. MTI is a for-profit college with a very high default rate on student loans.
86% of its students receive financial aid. Mr. Zimmerman began his service on July 1, 2011.
Commission Staff member: Dr. Barbara A. Beno | President
Dr. Beno joined the Commission as President in August 2001. She earns in excess of $257,000 in her
position as President. Each of the five Vice Presidents of the ACCJC currently earn more than $200,000
per year. Since she became President of the Commission she has served on several visiting teams for
colleges in Hawaii. Her husband Peter Crabtree, a Division Dean at Laney College, served on the visiting
team that led to the SHOW CAUSE sanction on CCSF. He has also visited Hawaii as a visiting team
member.
Prior to her appointment as President, she served as Commissioner for both the ACCJC and the
Accrediting Commission for Senior Colleges and Universities, Western Association of Schools and
Colleges. Dr. Beno serves on the Advisory Board of the legislatively active Campaign for College
Opportunity. She served as president of Berkeley City College (formerly Vista Community College) in
the Peralta Community College District for twelve years where she led a losing fight to break Vista free
from the Peralta District. She was also not retained as an administrator at the San Mateo Community
College District.
It is not known to me what role Dr. Beno played in the sanctions against CCSF or the colleges in the
Peralta district as the records are not made public. It is known that Peter Crabtree revealed to Laney
College employees that the Peralta colleges would be sanctioned prior to the meeting of the Commission
in January of 2005 at which the sanctions were voted on by the Commission.
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CFT and S.F. City Attorney File for Preliminary Injunction – Nov. 24,
2013
On November 24, 2013 the California Federation of Teachers (CFT) and San Francisco City Attorney
Dennis Herrera (on behalf of the City of San Francisco) independently filed a request for a preliminary
injunction against the ACCJC that would block the revocation of CCSF’s accreditation until such time as
their lawsuits are settled in Superior Court. The CFT, City Attorney Herrera, and the Save CCSF have all
filed lawsuits against the ACCJC.
The two preliminary injunction requests were filed in order to prevent further harm to CCSF while the
court cases continue. Already the college has lost more than 10% of its students which could result in
some loss of state funding for the college.
CFT Memorandum of Points
In the words of the CFT request: “Plaintiffs move for a preliminary injunction enjoining the
disaccreditation of CCSF, to preserve the status quo ante the ACCJC's unlawful revocation of
accreditation. CCSF was fully accredited until the ACCJC committed serious violations of State and
Federal law, and its own policies. Plaintiffs ask the court to enjoin the Accrediting Commission for
Community and Junior Colleges ("ACCJC") from implementing or finalizing its order revoking the
accreditation of City College of San Francisco ("CCSF"), suspend or rescind the orders of Show Cause
and Disaccreditation, and restore CCSF's accredited status pending a trial on the merits.”
It then went on to argue that “Immediate relief is necessary to prevent irreparable and substantial harm to
the educational rights and interests of 80,000 students and 825,000 City residents granted by the
California constitution, and the employment rights of 1,500 professors and 1,000 staff. Plaintiffs filed suit
on behalf of themselves and others under Business and Professions Code section 17200, because
disaccreditation and closure of the college rest on unfair and unlawful business practices, and are
themselves such practices, which consist of many predicate acts and practices.”
As is usual for the ACCJC it responded to the two requests for an injunction by closing its eyes to any of
its violations of federal requirements as well as its own procedures. A statement from the Commission
concluded that “This motion by the CFT does not align with the real efforts to assure CCSF's future
accreditation, but rather distracts from those efforts.” Commission Chair Sherrill Amador: “The best way
forward is for the institution, its staff and faculty, to join the college leaders in making needed changes to
improve the quality and secure the future accreditation of the college. “ Each of these statements
completely ignores any decision on the request for review or the appeal request by CCSF of the ACCJC
decision. Of course it makes sense to not take the process seriously since the processes for appeal and
review are based on the ACCJC kangaroo court process discussed elsewhere in this paper. In addition, the
currently established procedure provides no opportunity for ACCJC to look at CCSF and the progress it
has made since their June decision to revoke accreditation on June 30, 2014. Both the review and the
appeal process do not allow any evidence to be considered which was not available when the ACCJC
made its decision in June of 2013. There is also no requirement for ACCJC to once again consider the
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accreditation of CCSF. So what is to be made of this talk by Beno, Amador, and even State Chancellor
Brice Harris regarding the continuing effort by CCSF to satisfy the ACCJC’s standards?
Even if the Department of Education in Washington decides in January of 2014 to sanction ACCJC or
even remove the ACCJC as an accreditation agency, the DOE does not have the power to reverse the
ACCJC decision to revoke CCSF’s accreditation.
In light of the above, the court challenges filed by CFT, the S.F. City Attorney, and the Save CCSF
Coalition become even more important.
The CFT request for Injunctive Relief is based on the claim, as stated above, that the plaintiffs in the case
(CCSF students, faculty, staff, and community) will suffer substantial irreparable harm unless the
injunction is issued. CFT also claims, with supporting evidence, that the court case itself has a
“reasonable probability” to result in a favorable decision for the plaintiffs (based on the merits of the
case).
The following point were included in the Memorandum of Points presented by the CFT:
 ACCJC Is subject to California common law Fair Procedure.
 ACCJC failed to make findings to support or justify disaccrediting CCSF. The ACCJC listed what
it considered shortcomings without proof for the allegations.
 The ACCJC did not consider that CCSF's education quality exceeds minimum standards - a goal
of the accreditation process itself.
 The wrongfulness of the 2012 Show Cause Order and its consequences in 2013
 The 2012 Evaluation Team and Commission had conflicts of interest - ACCJC violated Fair
Procedure, its own policy, and Federal law in 34 CFR Part 602.10. In particular, President Beno
placed her husband on the Team, which was supposed to be independent of the Commission. The
Department of Education has found that the ACCJC violated this requirement.
 ACCJC was conflicted due to its support of the Student Success Task Force while CCSF and
others opposed the Task Force. This set up a political conflict between CCSF and ACCJC.
 The 2012 Team included Evaluators from colleges participating in the CCLC JPA Trust; the
Commission and its Staff were also conflicted in this respect. This has to do with the ACCJC
insistence on pre-funding retirement benefits although not required by law.
 The 2012 Team had only one teacher out of 17 Evaluators violating 34 CFR §602.15(a)(3). This
was one of the violations that the Department of Education found.
And ACCJC's decision is void because it is tainted by bias.
The CFT also claims that:
 ACCJC unlawfully shifted the burden of proof to CCSF in 2012, thereby prejudicing the 2012 and
2013 Reviews
 The 2012 Team Report and the Commission decision retroactively re-characterized CCSF as
having deficiencies in 2006, when it had been reaccredited as it met all standards and
requirements. This is another area of Department of Education concern.
 ACCJC applied standards which did not measure the quality of education, and violated State and
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




Federal Law
The Commission afforded CCSF no Due Process Hearing.
ACCJC's Show Cause evaluation and disaccreditation decision was unfair and unlawful.
The 2013 Evaluation Team was invalid and thus its findings should be considered void.
ACCJC was required to postpone its decision until its next meeting when the Commission listed
more deficiencies for CCSF than those listed by the Visiting Team. It should not have taken action
at its June 2013 meeting.
ACCJC gave CCSF Just 9.5 months to correct "deficiencies" and by misapplying its 2-Year Rule,
ACCJC acted arbitrarily, capriciously and unreasonably.
ACCJC, CFT claims, also:
 sanctioned CCSF for free speech of students and trustees.
 relied on irrelevant financial data and ignored CCSF's balanced budget and reserves that met state
standards.
 retaliated against CCSF in revoking its accreditation.
In short, the issuance of disaccreditation was unlawful and unfair and should be overturned by the court.
S.F. Injunction Information
The injunction request from the City of San Francisco included many of the point made by CFT. It also
spoke to recent history: “The increasingly embattled ACCJC has been a leading policy advocate to
dramatically reshape the mission of California's community colleges through more restrictive policies
focusing on degree completion rather than vocational, remedial and non-credit offerings. The accrediting
body's political agenda - shared by conservative advocacy organizations, for-profit colleges and student
lender interests - represents a significant departure from the abiding "open access" mission repeatedly
affirmed by the California legislature and pursued by San Francisco's Community College District since
it was first established. Herrera's civil action filed on Aug. 22 alleges that the commission acted to
withdraw accreditation in retaliation for City College having embraced and advocated a different vision
for California's community colleges than the ACCJC itself.’”
Herrera's civil suit also points out that ACCJC's used a demonstrable double standard “in evaluating City
College of San Francisco as compared to its treatment of six other California colleges under identical
‘show cause’ sanctions during the preceding five years. Though several of the sanctioned schools failed
to adequately correct their alleged deficiencies, none saw its accreditation terminated. City College had
never once been sanctioned previously, Herrera's complaint contends, noting that the ACCJC's
retaliatory bias is evidenced in part by the college's clear educational success by multiple objective
standards. City College boasts a remedial progress rate in English as a Second Language, or ESL, of
52.3 percent—more than double that for California community colleges statewide. Its completion rate of
55.6 percent exceeds the California community college average of 49.2 percent; and its 75.2 percent
overall persistence rate (which gauges student matriculation over consecutive semesters) far outpaces the
system-wide average of 65.8 percent. City College students transferring to the California State University
system achieve a higher grade point average at Cal State than the statewide average for community
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college transfers.”
Harris letter to Herrera of January 2, 2014
On January 2, 2014 California Community College Chancellor Brice Harris wrote a letter to San
Francisco City Attorney Dennis Herrera regarding the City’s lawsuit against ACCJC. This was just prior
to the decision by Judge Karnow to place a preliminary injunction against the ACCJC with regard to the
removal of accreditation of City College of San Francisco. Chancellor Harris was asking for the City
Attorney’s cooperation in not publicizing the Judge’s decision but rather to publicize the “progress” that
CCSF was making toward satisfying ACCJC’s demands.
Chancellor Harris stated that “While neither my office nor City College is a party to these actions, we
have a continuing responsibility to the community and students of San Francisco to ensure that no
additional harm is dealt to the College as a result of the court's decision. One of the greatest threats to
the long-term health of the college is the dramatic decline in its enrollment.” Interestingly the decline in
enrollment was one of the major reasons that Judge Karnow issued his injunction. In most people’s minds
the injunction would help stabilize the enrollment at CCSF. But somehow Harris appeared to consider
that the injunction might actually have a negative effect on enrollment if not communicated well in the
media.
Harris went on to “explain several important facts” to Herrera: “Court intervention is not necessary to
keep City College open. Regardless of the path Judge Karnow takes, City College will remain open and
accredited until the Accreditation Commission for Community and Junior Colleges (ACCJC) makes a
final determination. Students should be encouraged to enroll at City College because their credits will
count for their certificate, degree and transfer goals.” The problem is that as long as the loss of
accreditation is imminent the loss of enrollment would likely continue. The action to grant the injunction
will obviously guarantee a longer life for the college and thus should increase the confidence of students
attending the college.
Harris goes on to make some other claims which are dubious at best: “Characterizations that the cases
before the court are a ‘last-ditch’ effort to ‘save’ City College are inaccurate and will do additional
damage to the college's enrollment. It also detracts from progress the City College community has
achieved in the areas of reform, stability, and accountability.” The ACCJC appeal process is nothing but
a kangaroo court proceeding with all “judges” in the process selected by the ACCJC itself. At the point
that the process is completed, the erosion of students will likely be enormous (except for the positive
effect of the injunction). There is no evidence that the injunction will in any way hinder the college from
moving forward. This claim is just the sort of red herring claim that the ACCJC attempted to make,
without success, before Judge Karnow.
Even though there is no required process in place to require the ACCJC to reconsider their decision based
on new evidence, Chancellor Harris claims that “We are doing everything in our power to ensure a
positive outcome regarding accreditation, and I have every expectation that the ACCJC will acknowledge
the college's progress in the coming months. Under the leadership of our Special Trustee, Robert Agrella,
City College has made important strides to secure not only its accreditation, but a stable and productive
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future: Dr. Arthur Q. Tyler has been hired as the new, permanent Chancellor. The school has an
accomplished educational leader at its helm who has pledged to stay with CCSF for the long haul.”
It is interesting the Harris does not recognize that Agrella was in place when ACCJC decided to take away
CCSF’s accreditation and Tyler was in place at Compton College when the ACCJC decided to take away
Compton’s accreditation.
Harris concludes his letter with a listing of “accomplishments” in meeting ACCJC demands made to date.
Chancellor Harris was once a Commission Member of ACCJC. On July 3, 2013 Barbara Beno sent an email to Harris and some of his staff stating that “Attached please find the ACCJC’s action letter on CCSF,
as well as its press release on the matter. Both are posted on the ACCJC website; the press release is on
the right of the home page, the action letter is in the Directory of Accredited Institutions. We have posted
the ACE statement on the ACCJC website as well. CCSF has posted the action letter on its website.
Thank you both for the coordinated effort. Let’s keep in touch as needed.” The e-mail concluded with
“Have a nice weekend. Barb.”
In another e-mail from Beno to Harris and his staff on July 3, 2013 Beno wrote concerning what she
called the “Roll-out”: “Dear Brice: Beautiful job. Thanks for your video statement, and for all the rest.
We are staying late, watching the various news accounts. I think generally the news is letting people know
that the college may survive, with the right leadership. I look forward to watching your efforts. Have a
good weekend.”
Given a number of such cozy e-mails sent between Harris and ACCJC President Barbara Beno, it is not
clear whose side Harris is actually on and what kind of deal has been made between Harris and Beno. It is
clear that the “college” (now meaning Agrella as he is in full charge of the college) is not fighting for
CCSF with all the ammunition available. For example, the “college” has not agreed to be a party to any of
the law suits and has not been willing to challenge the ACCJC in the appeal process based on the
numerous violations of federal standards that the ACCJC has been found to have committed in the
evaluation of CCSF. Agrella has even been quoted in support of the process used to dis-accredit CCSF.
The Chancellor has also been a party to these betrayals of the college in its advocacy efforts.
Who are the real friends of CCSF - Harris and Agrella or City Attorney Herrera, numerous state and
national legislators, the Superintendent of Public Instruction, the students and community served by the
college, Academic Senates across the state, and the faculty and its AFT affiliated union?
Superior Court Judge Karnow Issues Preliminary Injunction January 2, 2014
On January 2, 2014, Superior Court Judge Karnow issued a preliminary injunction against the ACCJC
which bars “the Commission from finalizing their dis-accreditation decision pending further order of the
court or final adjudication of the merits in this case. That order expressly contemplates that the
Commission will proceed with the current process, for example working with the College to resolve the
Commission's concerns, as well as taking any and all other actions, except to implement a disaccreditation order such as had been scheduled for July 31, 2014. In the meantime it is my intent to
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expedite this case and set it for trial at the earliest practicable date.”
The preliminary injunction was based on the motion of the San Francisco City Attorney. The decision
stated that “The City Attorney's motion for preliminary injunction is granted, but solely to the extent of
enjoining the Commission from terminating the College's accreditation until further order of the court
or final judgment in the City Attorney's case; the motion is otherwise denied.” The right for ACCJC to
continue to sanction other colleges is not affected by this ruling.
In this case the judge issued the preliminary injunction without a trial and before the parties to the suit had
the opportunity to present their full cases including the necessary evidence and witnesses. In this case the
judge looked at how strong the San Francisco City Attorney’s case is as opposed to the harm suffered by
either issuing or not issuing the injunction. Judge Karnow came down on the harm done to students,
faculty, and City itself side. He wrote: "There is no question, however, of the harm that will be suffered if
the Commission follows through and terminates accreditation as of July 2014. Those consequences would
be catastrophic. Without accreditation the College would almost certainly close and about 80,000
students would either lose their educational opportunities or hope to transfer elsewhere; and for many of
them, the transfer option is not realistic. The impact on the teachers, faculty, and the City would be
incalculable, in both senses of the term: The impact cannot be calculated, and it would be extreme."
At the same time Judge Karnow denied the ACCJC motions to dismiss the case and to dismiss the CFT’s
lawsuit based on California's Strategic Lawsuits Against Public Participation (Anti-SLAPP) statute
(which dismiss cases and actions that intend to chill the valid exercise of First Amendment rights of
freedom of speech and petition). The ACCJC had claimed that the CFT suit was an attempt to stifle
ACCJC’s free speech rights. In short, both of the ACCJC’s motions were denied.
The cases are being considered under California's Unfair Competition Law (UCL). In the words of the
Court: “The UCL allows a suit against a defendant if the defendant has done anything illegal or unfair, or
fraudulent. The act can be illegal under any law- including the laws and regulations of the federal
government. The acts can be unfair, too, but there can be difficult legal issues in trying to decide if an act
is "unfair" as the UCL uses that word. Although the UCL is a broad statute allowing a wide variety of
claims, the sort of relief one can get after winning a UCL case is quite limited. For example, a successful
plaintiff can't get money damages, as she might in other sorts of cases. The successful UCL plaintiff might
be able to get an order from a judge telling the defendant to do something, or stop doing something, as
well as some other sorts of relief.”
The judge did not grant CFT’s request for an injunction based on a higher standard than that required of
the San Francisco City Attorney’s. In the words of Judge Karnow “Some of the plaintiffs (the union,
teachers and students) have a problem with their case. They have probably shown enough to conclude
that the Commission imposed unfair procedures, but they have not shown that those procedures led to
the Commission's adverse decision. As far as the evidence presented to the court shows, the Commission
might have issued exactly the same decisions with fair procedures. The plaintiffs have argued that they
can win by just showing unfair procedures, and it doesn't matter if the Commission would have done the
same thing or not. But under the UCL, it does matter, at least as far as the union, teachers, and students
are concerned. They have at least to show they were harmed by the specific acts they say were unfair or
illegal under the UCL. They didn't do that. It's not good enough to argue that the Commission's ultimate
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decisions (for example, threatening to terminate accreditation) causes harm.
The situation is different with respect to the case brought by the City Attorney. As a law enforcement
officer he is empowered, along with other City Attorneys and the state's Attorney General, to enforce the
UCL without showing that any particular person was harmed.”
The CFT and San Francisco City Attorney combined case will now go to trial. With the chance to provide
full evidence, the CFT case could still prevail.
Documentation from the City Attorney’s case can be found at http://www.sfcityattorney.org. The Case
Number is CGC 13-533693.
ACCJC January 13, 2014 Misleading Press Release
ACCJC Press Release, Jan. 13, 2014
ACCJC Press Release
Comments by M. Hittelman
On January 2, 2014, the Honorable Curtis Karnow
ruled on preliminary motions in two related lawsuits
filed against the Accrediting Commission for
Community and Junior Colleges, Western
Association of Schools and Colleges (ACCJC).
The Press Release is just another
attempt to spin-doctor rulings against
them. It contains misleading
interpretations and factual errors.
The judge's decision was to order a preliminary
injunction to delay for a short time, if necessary, the
actual termination of City College of San Francisco,
so that questions by the City Attorney in one of the
lawsuits could be fully explored by the court. The
court indicated that the trial would be scheduled
quickly, so as not to extend the delay beyond a
month or two.
The lawsuits are unusual, in that suits against
accrediting commissions generally are filed by
colleges affected by an accrediting action. Here, the
college was not a part of the lawsuits filed. City
College of San Francisco (CCSF) is not suing the
ACCJC.
Actually both the City Attorney and the
CFT law suits will be heard by the
judge. The judge ruled in favor of the
temporary injunction sought by the
City Attorney. The judge did not state
that it was his intent not to delay the
closure of the college as suggested by
ACCJC.
No suit was filed by the “college” meaning the Special Trustee appointed
by the Community College State
Chancellor did not file a suit. So far, the
Special Trustee has shown no
indication that he will effectively
challenge the ACCJC. In fact, he was
appointed by a State Chancellor who
himself was once a member of the
Commission.
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In fact, there is no question that the college is
seriously deficient in meeting the accreditation
standards as was found by the ACCJC when it
reviewed the college and made the decision to
terminate the accreditation of CCSF.
There are certainly questions
concerning the findings of the ACCJC
and the methods used to reach that
conclusion. These questions are central
to the law suits filed. In addition,
Complaints have been received from
members of Congress, the State
Legislature, the Superintendent of
Public Instruction, and organizations
across the state as well as the U.S.
Department of Education.
Because of this, the judge questioned whether the
parties bringing the lawsuits could ultimately be
successful. However, in preliminary motions of the
sorts heard in this case, the court is required to take
whatever is said by the plaintiffs at face value, giving
them the benefit of the doubt until the facts can be
brought out in trial.
This statement is factually incorrect.
The judge actually ruled that the City
Attorney’s law suit was likely to be
upheld and issued the temporary
injunction.
While both lawsuits are similar, the court ruled that
even given the benefit of the doubt to plaintiffs, it
was not likely the parties in the suit brought by the
AFT and CFT (faculty labor unions) and related
others could be successful. That is why the request
for a preliminary injunction was denied.
This statement is factually incorrect.
The question, in the AFT case, revolved
around whether the same decision
would have been made by the
Commission if it had correctly followed
its procedures. The judge ruled that
this issue had not been addressed in
the briefings. He did write that the
plaintiffs (the union, teachers and
students) "have probably shown
enough to conclude that the
Commission imposed unfair
procedures." AFT needed to show that
these actions led to the adverse action,
the City Attorney did not need to do
so- and so the judge imposed the
temporary injunction requested by the
City Attorney.
In the second lawsuit, the judge noted that
California statutes allow City Attorneys to file suits
of this nature. Thus, while ultimate success was
questionable, the judge would allow the preliminary
injunction delay.
The judge will take up these issues
during the trial on the basis of
information presented during the
court case.
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Other more extreme requests by the City Attorney
and the other parties were denied by the judge,
including a request to block the ACCJC from
enforcing standards of academic quality and
institutional effectiveness against colleges who are
deficient in these areas. The request to reverse the
ACCJC decision against CCSF was also denied. In
fact, the court ruling specified that the various steps
that follow a termination decision should continue
to go forward, up to the actual termination
implementation.
The judge actually wrote that “The City
Attorney's motion for preliminary
injunction is granted, but solely to the
extent of enjoining the Commission
from terminating the College's
accreditation until further order of the
court or final judgment in the City
Attorney's case.”
The second motion was to point out various
circumstances that might make the City Attorney's
lawsuit premature or inappropriate at this time. The
points included that the college is not a party to the
lawsuit, that steps preceding actual implementation
of a termination are not completed, and that the
ACCJC is in the process of its regular review by the
U.S. Department of Education, which will likely
answer many of the questions being asked. The
judge decided these issues would not be used to
dismiss the lawsuit at this time, but that they were
issues that would likely impact the ultimate decision
in the lawsuit.
In fact the judge wrote that “plaintiffs'
evidence (setting aside defendants'
evidence and explanations) shows, as a
function of reasonable inferences
which I must draw in AFT's favor, that
the Commission might not have had
reached the results it did in 2012 and
2013 had it (i) staffed the evaluation
teams differently, (ii) allowed the
College more time to respond (as it is
doing now which, as the Commission
now tells me at argument, may {or
may not} result in the withdrawal of
the show cause notice), (iii) found that
the financial management issues such
as the way in which pension funds are
handled do not in fact violate accepted
procedures.
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In response to these actions, the ACCJC also filed
two preliminary motions. The first was to point out
the lawsuit by AFT and CFT was primarily intended
to block the ACCJC's free speech, and this sort of
lawsuit cannot be brought simply to harass an
organization who is exercising its free speech. The
judge agreed that when an accrediting commission
acts on the accredited status of a college, that
decision and the related opinions released involve
free speech by the accreditor. However, given that
the standard for these types of motions is very low that if there is even some possibility the plaintiff
might win a part of its case, taking what is accused
at face value-then this early motion will not be used
to dismiss the lawsuit.
Accordingly AFT has met its burden
under the second prong of the antiSLAPP law, and so I deny the special
motion to strike.”
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ACCJC's purpose is to uphold the quality of
education of its member institutions. Accredited
institutions commit to continuously meet
accreditation standards. The public's confidence in
accreditation as a signal of quality depends on
continued compliance and very swift adjustments
when any noncompliance is found. When the
instructional curriculum and other educational plans
are not up to date, assessments are not being
conducted, when student learning is not tracked
and monitored, when career-technical program
facilities are in disrepair and equipment is extremely
dated, when budget decisions are not connected to
the needs of instructional programs, or when a
college is near financial crisis for its inability to
match revenues with financial obligations, the
ACCJC's concern is raised. When a college exhibits
all of these conditions among others, it is then
essential that ACCJC take action on the institution's
accreditation for the protection of students and for
the community. In that kind of situation, the harm
to the college and its employees that may come
from closing the institution and having other
colleges take its students is far outweighed by the
harm to students who are committing their time,
money, and effort to such an institution.
The ACCJC is just repeating arguments
that were rejected by the judge. The
question is to what degree was this
happening at CCSF and was it enough
to warrant closing the college to the
over 85,000 students who benefit from
the high level education that they
receive at CCSF? The “protection” in
this case was to close the college. Few
would consider eliminating an
educationally effective college as
“protecting” the students being
served.
The ACCJC is confident that its decision taken in the
CCSF case will be upheld. At the same time, the
ACCJC urges all individuals and groups connected
with CCSF to focus intensely on correcting the issues
that put academic quality and the sustainability of
the institution at risk.
The ACCJC has still not laid out a
process by which CCSF’s progress will
be evaluated by the Commission. As it
currently stands, there is no procedure
to change the decision to dis-accredit
the college. The review and appeal
process state that no new evidence
can be presented.
Page 159
Other community colleges in California which have
larger enrollments than CCSF, and other community
colleges which serve the diverse needs of students
with many challenges, are able to meet
accreditation standards when their college
community commits itself to do what is necessary to
achieve the accreditation standards set by the
member colleges of ACCJC- even in the face of
severe economic challenges.
Only about half of the colleges in the
last few years have escaped an ACCJC
sanction. In this respect ACCJC is
totally out of step with the rest of the
accreditation agencies around the
country. The standards are not set by
the colleges but rather by the ACCJC
with little opportunity for input. A look
at the agenda of the January 2014
meeting illustrates the lack of input by
member colleges and their
communities.
The students of CCSF, the people of San Francisco,
and the California taxpayers have the right to expect
the same levels of quality in this community.
And by many measures, CCSF has
performed to provide quality
education to its students. It should not
be allowed to be dis-accredited.
Department of Education Staff Report on ACCJC – November 2013
ACCJC Recognition Compliance Issues
U.S. Department of Education Staff Report to the Senior Department Official on ACCJC Recognition
Compliance Issues
The U.S. Department of Education Staff Report was issued in late November 2013 regarding the
continued recognition of ACCJC as an accreditation agency. The report is an internal recommendation
by staff within the Department of Education. The staff recommended to “Continue the agency's
recognition and require the agency to come into compliance within 12 months, and submit a compliance
report that demonstrates the agency's compliance with all identified issues.” In addition the recommended
included extending “the agency's time for coming into compliance for the previous findings of
noncompliance in Sections 602.15(a)(3), 602.18(e), and 602.20(a) within the August 13, 2013, CFT
Complaint Decision letter, which expires in August 2014. To provide sufficient time for the agency to
demonstrate compliance in light of the close timing between the complaint and petition review,
Department staff finds good cause to extend the agency's period for coming into compliance until 12
months of the date of the decision letter on recognition.” The next step in the process is the NACIQI
meeting on December 12-13, 2013. After that it the issue of ACCJC’s ability to be an accreditation
agency goes back to the Department of Education and Secretary of Education Arnie Duncan for a final
decision.
The report also includes a recommendation that ACCJC not be allowed to expand its scope to include
Page 160
baccalaureate institutions as requested by ACCJC.
The staff found that the ACCJC did not appear to meet the following sections of the Secretary of
Education’s Criteria for Recognition and “the agency must:
29.
demonstrate that its standards are sufficient to comprehensively evaluate baccalaureate level
degree programs and are comparable to commonly accepted standards for ensuring quality in
baccalaureate degree programs. [§602.12(b)]
30.
demonstrate wide acceptance of the agency's standards, policies, procedures, and decisions to
grant or deny accreditation by educators. [§602.13]
31.
demonstrate that academic personnel, as generally defined by the accrediting agency and wider
higher education community, are represented on its evaluation teams. [§602.15(a)(3)]
32.
demonstrate that it evaluates the appropriateness of the measures of student achievement chosen
by its institutions. [§602.16(a)(1)(I)]
33.
demonstrate that it evaluates an institution on its maintenance of clearly specified educational
objectives that are consistent with its mission and appropriate in light of the credentials awarded, and is
successful in achieving its stated objectives with specific regards to baccalaureate degree programs.
[§602.17(a)]”
The staff found that the agency (ACCJC)
34.
does not meet the requirements of this section based on its requested scope. It must demonstrate
that its standards for accreditation regarding curricula are sufficiently rigorous and comprehensive to
ensure that the agency is a reliable authority regarding the quality of the baccalaureate level education
provided by the institutions it accredits. The agency needs to incorporate its substantive change protocol
requirements for baccalaureate degree programs into the agency's curricula standards.
[§602.16(a)(1)(ii)]
35.
does not meet the requirements of this section based on its requested scope. It must demonstrate
that its standards for accreditation regarding faculty are sufficiently rigorous and comprehensive to
ensure that the agency is a reliable authority regarding the quality of the baccalaureate level education
provided by the institutions it accredits. [§602.16(a)(1)(iii)]
36.
must provide documentation to demonstrate that it has fully implemented its revised policies to
demonstrate that the agency clearly delineates between areas of non-compliance and areas for
improvement. The agency must also demonstrate that it provides the institution with a detailed written
report that assesses the institution's performance with respect to student achievement. [§602.17(f)]
37.
must provide documentation to demonstrate that it provides the institution with a detailed written
report that clearly identifies any deficiencies in the institution's compliance with the agency's standards.
[§602.18(e)]
38.
must provide information and documentation to demonstrate that it requires additional
information from an institution when student achievement data, or any other key data or indicators do not
meet the agency's standards. [§602.19(b)]
39.
must demonstrate that it consistently enforces the time period to return to compliance with the
agency's standards. [§602.20(a)]
40.
must demonstrate that it takes immediate adverse action if an institution does not bring itself into
compliance within the specified period. [§602.20(b)]
41.
must provide documentation that it must complete the standards revision process within a
reasonable period of time. [§602.21( c)]
Page 161
42.
must provide documentation to demonstrate that it provides written specification of any
deficiencies identified at the institution examined. [§602.25(a-e)]
43.
must demonstrate that it provides written notice of negative decisions to the Secretary and the
other entities required by this section at the same time it notifies the institution of the decision.
[§602.26(b)]”
The report notes that “In late spring of 2013, the Department received a complaint from the California
Federation of Teachers (CFT), as well as other interested parties, about ACCJC. The specific complaint
was provided to ACCJC by the CFT at the same time as submitted to the Department. After ACCJC
concluded its complaint process, the Department investigated the complaint, to include a request for
additional information from ACCJC, and provided its decision in a letter dated August 13, 2013. The
letter instructed ACCJC to take immediate steps to correct the areas of non-compliance identified, and to
provide its response to those areas within its response to the draft staff analysis of the agency's petition
for recognition.”
The report continues: “In conjunction with the current review of the agency for its continued recognition,
Department staff reviewed the agency's petition and supporting documentation, and observed an on-site
evaluation in October 2013. The Department also received over 100 third-party written comments in
connection with the agency's petition for recognition.” All of the 100 third-party were opposed to the
activities of ACCJC.
In more detail the findings were:
§602.13 Acceptance of the agency by others.
The staff found that “the agency has not demonstrated that it has broad acceptance of its standards,
policies, procedures, and accrediting decisions from all of the entities required by the Secretary's Criteria
for Recognition.
As documentation, the agency provided letters from postsecondary institutions and higher education
organizations and associations. However, these letters do not demonstrate broad acceptance of its
standards, policies, procedures, and accrediting decisions, as they are letters of gratitude not letters of
support. In addition, four faculty senates at California institutions, three California-wide faculty
organizations and one national faculty organization provided written comments that indicated their
disagreement with the policies and actions of the agency, and that call into question the wide acceptance
of the agency's standards, policies, procedures, and decisions to grant or deny accreditation by
educators.”
Of course, the ACCJC as usual claimed “that it has broad acceptance of its standards, policies,
procedures, and accrediting decisions from all of the entities required by the Secretary's Criteria for
Recognition.” Counter to what ACCJC claimed the report found that “although the agency indicates
that most of the letters of disagreement previously submitted are in regards to the accreditation actions
taken concerning one institution, the contents of the letters are not limited to that action and raise
additional areas of broad disagreement with the agency's standards, policies, and procedures. In
Page 162
addition, many of the previously-submitted letters of non-support were from educators, whereas only one
letter in support submitted by the agency is from an educator. (The agency labeled four letters as from
educators, but three of those letters are from a retired, long-term administrator; current chancellor; and
current State fiscal advisor; respectively, and cannot be categorized as from ‘educators’.) The agency did
not provide documentation in support of its statements (under this section or Section 602.15(a)(3)) that
a large number of educators serve on its evaluation teams or participate in workshops. Under Section
602.21(a)(b), the agency did provide some documentation of the involvement of educators in the
standards review process. Furthermore, in its response, the agency only commented on two areas of
concern included (in the letter from the State Academic Senate and the national association), but did not
address the additional areas of concern raised by the other faculty organizations at the institutional,
State, and national level except to argue that, as faculty unions, these organizations are supporting the
CCSF's cause. Therefore, the agency has not demonstrated wide acceptance of the agency's standards,
policies, procedures, and decisions to grant or deny accreditation by educators.”
This despite the attempts by Beno and Kinsella to enlist the help of the community college CEOs and
CBOs to convince the Department of Education that they did have wide acceptance.
§602.15 Administrative and fiscal responsibilities
The Staff Report indicated that: “Although the current commission roster states that it meets the
composition requirements of the bylaws, the agency has not provided a policy or other guidance as to
what would qualify a person to be identified as either primarily an academic, or primarily an
administrator, nor did the agency provide any biographical information of the current commissioners to
demonstrate that those individuals meet the qualifications for the category noted.”
The Report noted that “To meet the requirements of this regulation, the Department does not require the
use of any one definition for an academic, but does expect that the agency's definition be comparable with
the generally accepted policies and practices within the accrediting agency and wider higher education
community. Department staff note that the inclusion of student services staff as academic representatives
does not meet the generally accepted definition of such representation within the accrediting agency
community, nor the spirit of the regulation. The agency's definition states that academic representatives
may include deans, department chairs, or other related administrative roles as long as those individuals
have a ‘primary responsibility for instruction or instructional support.’”
“Noting the agency's definition, the use of the term academic for individuals whose primary
responsibilities are administrative and who are not directly engaged in a significant manner in
postsecondary teaching and/or research misrepresents the experience expected for an individual in this
role. Department staff also note that the inclusion of individuals whose principal activities are
administrative limits the number of individuals whose primary activity is classroom instruction as
academic representatives and may affect the evaluation team's ability to adequately review an institution
in the related areas of the agency's standards.”
“Department staff observed an on-site evaluation in October 2013, and noted that the agency listed five
team members as academics, out of a team of 10. Through individual interviews and reviews of
biographical information provided to the institution, Department staff noted that two members of the team
Page 163
were faculty in the classroom, one was an interim academic dean with no teaching responsibilities for
the past few years, one was an academic dean that had not taught in over 10 years, and one was a vice
chancellor for student affairs who had never taught. (Department staff noted that the team assistant was
also listed as an academic, but generally the team assistant is not considered a member of the evaluation
team by the agency. For this review, the team assistant had to fill-in for an absent team member, but the
role he was filling was administrative, which he was able to do as an academic dean.)”
§602.16 Accreditation and preaccreditation standards
The report notes that “the evaluation reports provided in this section do not demonstrate that the
evaluation teams made a judgment about the appropriateness of the measures of student achievement
chosen by the institution nor rigor of the goals” and “the self-studies and evaluation team reports include
a review of job placement rates and State licensing examination pass rates, they do not include
assessment of that data.” “The evaluation reports also include a review of institutionally-established
measures of student achievement, but do not include an assessment by the evaluation team of such
measures. Therefore, the agency has not demonstrated that it makes a judgment about the
appropriateness of the measures of student achievement chosen by an institution.”
§602.17 Application of standards in reaching an accrediting decision.
The report indicates that although the ACCJC makes certain claims about its review and evaluation
process that, in fact, “the examples provided verify the agency's review and evaluation of the mission and
objectives of institutions and determination if they are successful in achieving those objectives, but do not
demonstrate that it adequately assesses qualitative and quantitative program effectiveness and student
outcomes measures” and “what is not clear is that an institution must evaluate its performance as an
institution with respect to those objectives.” In short, the report concludes that the ACCJC “has not
demonstrated that it evaluates an institution on its maintenance of clearly specified educational objectives
that are consistent with its mission and appropriate in light of the credentials awarded, and is successful in
achieving its stated objectives.”
“The agency states that it utilizes both the evaluation team report and the commission action letter to
clearly communicate the assessment of an institution's compliance with the agency's standards, to include
performance with respect to student achievement. The examples provided (in this section and throughout
the petition) document the use of the evaluation team report and the commission action letter to
communicate areas of compliance and non-compliance, however it is not clear that the reports clearly
delineate between areas of non-compliance and areas for improvement, as discussed in Section
602.18(e). In addition, the reports are deficient in providing a detailed assessment of the institution's
performance with respect to student achievement, as detailed in Section 602.16(a)(1)(i).”
The ACCJC responded by stating that it “had revised its evaluation team report and commission action
letter structure to delineate between areas of non-compliance and areas for improvement for separating
those elements in different sections.” These revisions were not approved by the Commission members
(the Commission had not met since June 2013) but rather developed by Beno and her staff and have not
yet been applied. The DOE report concluded that “Although the agency has made changes to its policies
and procedures and provided an example evaluation team report (attached), it did not provide
Page 164
documentation of complete implementation, to include an example commission action letter to an
institution, to demonstrate that the agency clearly delineates between areas of non-compliance and areas
for improvement. Although the evaluation team report (attached) includes an assessment of the
institution's performance with respect to student achievement, the majority of reports provided (in this
section and in Section 602.16(a)(1)(i)) still do not demonstrate a detailed assessment of the institution's
performance with respect to student achievement.” Of course no one has seen such reports as the
Commission will not issue letters until January of 2014. At that point we will see if they continue to
confuse districts as to what is required and what is merely suggested. This finding alone should
convince the ACCJC to reverse its findings on CCSF and other districts and begin a new and
proper procedure.
§602.18 Ensuring consistency in decision-making
“The agency provides the institution with a detailed written report in response to the on-site evaluation.
The agency also provides commission action letters after a review of the evaluation team report and the
institution's response. However, neither report clearly identifies deficiencies in the institution's
compliance with the agency's standards.
The Department stated in the August 13, 2013 CFT Complaint Decision Letter (attached) that it is not
clear that the agency provides the institution with a detailed written report that clearly identifies any
deficiencies in the institution's compliance with the agency's standards, as the agency uses the term
‘recommendation’ to mean both noncompliance with standards and areas for improvement.” Again,
“Although the agency has made changes to its policies and procedures and provided an example
evaluation team report (attached), it did not provide documentation of complete implementation, to
include an example commission action letter to an institution, to demonstrate that the agency provides
the institution with a detailed written report that clearly identifies any deficiencies in the institution's
compliance with the agency's standards.”
602.19 Monitoring and reevaluation of accredited institutions and programs.
Even though the report notes that the ACCJC “staff monitors the institution's annual report responses for
trigger points (such as gross variations from the norm in student achievement numbers, inadequate levels
of student learning outcomes assessment, large increases in headcount enrollment, missing information
or late report filing, etc.) and may request additional information, but the agency has not demonstrated
that it requires additional information from an institution when student achievement data, fiscal
information, or any other key data or indicators do not meet the agency's standards. The agency also
did not provide any review and action taken by the commission as a result of the review of an annual
report.” I expect that the ACCJC will use this statement as an excuse to require even more from local
colleges in the way of data.
“The agency included a ‘Student Learning Outcomes Status Report’ along with a scoring sheet, rubric
and summary, but no narrative information was provided regarding that report or its use by the
commission as a monitoring approach.” “Although the agency provided documentation of its follow-up
with an institution that failed to submit its audited financial statements in a timely manner, the agency did
Page 165
not provide any information or documentation to demonstrate that it requires additional information
from an institution when student achievement data, or any other key data or indicators do not meet the
agency's standards nor that the institution has failed to provide the information. The agency also did not
provide any review or action taken by the commission as a result of the review of an annual report.”
§602.20 Enforcement of standards
The report notes that a violation of the two year rule requires that an agency either initiate immediate
adverse action or allow an institution a time period to come into compliance with its standards and
requirements. “The Department stated in the August 13, 2013 CFT Complaint Decision Letter (attached)
that it is not clear that the agency appropriately implements the requirements of this regulation, as the
agency appears to implement the enforcement time period only after the agency has imposed a sanction
on an institution, not at the point the agency finds the institution out of compliance with a standard.”
The staff then concluded, much as ACCJC concluded in the case of CCSF, “The agency provided
examples of commission action letters of probation (citing the specific time period to return to
compliance). However, as the examples provided did not include the full cycle of the review (i.e. first
determination that the institution was out of compliance to final action), the agency has not demonstrated
that it enforces the required time period.” But just as in the case of CCSF, the time allowed to not allow
for the changes to go “full cycle.” I guess that ACCJC is getting a dose of its own bad medicine.
The ACCJC offered two examples to refute the contention of the Department of Education but “the two
examples that include the full cycle of review are for institutions not placed on sanction, but the initial
letter for one institution (example 1 of full cycle review) does not note the enforcement time period to
return to compliance nor clearly indicate noncompliance in any "recommendation" (as described by
the agency in Section 602.18(e)) included. However, the second letter, issued after review of the
institution's first report, does include a paragraph indicating that the institution is "expected to correct
deficiencies within a two-year period" but does not clearly identify any recommendation as one
addressing a finding of non-compliance. The third letter states that the institution has "resolved
deficiencies" associated with one recommendation and requires more reporting in the other
"recommendation" areas originally noted. This example reflects the same issue noted in the August 13,
2013 CFT Complaint Decision Letter — the lack of clarity in the agency's communications regarding
findings of non-compliance.”
“The agency has not demonstrated that it consistently enforces the time period to return to compliance
with the agency's standards as the agency has provided inconsistent documentation concerning the
implementation of the required enforcement time period required by this section.”
The ACCJC attempted to convince the staff of the U.S. Department of Education that the above is
incorrect but, after looking at the documentation offered, the report concluded that “The additional
documentation provided for the institution that received a good cause extension does not demonstrate
that the institution corrected the deficiencies, as more reporting was required in one of the
‘recommendation’ areas originally noted "in order to fully meet" the standard. This example, therefore,
also does not demonstrate that the agency takes immediate adverse action if the institution does not bring
itself into compliance within the specified period.” It continued: “The example of the institution that did
not bring itself into compliance within the time period is the same one noted in the August 13, 2013 CFT
Page 166
Complaint Decision Letter (attached), and does not demonstrate that the agency takes immediate adverse
action as the adverse action was taken beyond the enforcement time period (as required in Section
602.20(a)) and there was no good cause extension granted.” In short, adverse action (removal of
accreditation) only took place at CCSF and not against other colleges that were also incorrectly held to be
in violation of the two-year rule..
§602.21 Review of standards
The ACCJC provided information on its change of standards procedures but although the process is
described they did not “document that the agency seeks and reviews input from all of its relevant
constituencies and by other interested parties, provides an opportunity to comment, and takes into
account comments received in a timely manner, as the process is in progress.” “The documentation was
not comprehensive to include review and adoption by the commission to verify the standard review
process and to support the agency's application of this requirement.”
The report concluded that “As the comprehensive system of review of standards is in process, the agency
could not yet provide documentation to include review and adoption by the commission to verify the
standard review process occurs within a reasonable period of time.”
§602.25 Due process
“The agency must demonstrate that the procedures it uses throughout the accrediting process satisfy due
process.” The report notes that although the agency’s policies and procedures regarding due process are
adequate with respect of clarity, guidance, specificity, and timelines, that “it is not clear that deficiencies
are specifically identified in the agency's evaluation team reports and/or commission action letters.”
Again the report directs itself at the revised evaluation reports and agency letters policies - none of which
went to the Commission members for consideration as no meeting had occurred since their June 2013
meeting when such changes could have been discussed. Again the report concluded that “Although the
agency has made changes to its policies and procedures and provided an example evaluation team report
(attached), it did not provide documentation of complete implementation, to include an example
commission action letter to an institution, to demonstrate that the agency provides written specification of
any deficiencies identified at the institution examined.”
§602.26 Notification of accrediting decisions
The report found that “The agency's policies and procedures regarding accreditation decisions are not
clear to require the agency to provide written notice of final negative decisions to the Secretary and the
other entities listed in this section at the same time it notifies the institution but no later than 30 days after
the negative decision is made.” The finding is simply that “Although the agency states that it provided
documentation to demonstrate the same time notification to the entities required by this section, the
documents provided do not reflect that the notification occurred at the same time as the notification to the
institution.”
Staff Analysis of 3rd Party Written Comments
Page 167
“Over 100 written third-party comments were received regarding this agency. All of the comments
recommend against the agency's continued recognition.” “Besides the individual commenters, there
were comments from four faculty senates for California institutions, three California-wide faculty
organizations and two national faculty organizations, which primarily questioned the wide acceptance
of the agency's standards, policies, procedures, and accreditation decisions by faculty. The Department
noted concerns related to this issue in Section 602.13 of this analysis. One of the national faculty
organizations stated that the expansion of scope requested by the agency is not appropriate at this time.”
“Almost all of the comments question whether ACCJC is a reliable authority regarding the quality of
education offered by the institutions accredited by them, and many requested that the Department remove
the agency from the list of nationally recognized accrediting agencies. Our review of the agency's petition
revealed many areas where the agency does not meet the regulatory requirements; however those areas
do not rise to the level for the Department to recommend denying recognition.” This is a standard of
decision making not followed by the ACCJC. The ACCJC concludes that even one insignificant
“deficiency” is enough to deny a college its accreditation.
“The individual commenters also questioned the agency's compliance with the Secretary's Criteria for
Recognition in areas related to the wide acceptance of the agency's standards, policies, procedures, and
accreditation decisions, "separate and independent" requirements, academic representation, conflict of
interest, retention of records, accreditation standards, commission independent analysis, effective
controls against the inconsistent application of standards, clear notification of deficiencies, standards
review process, publicly available materials, complaint review process, due process, and appeals
process. The Department has noted in this analysis that it has concerns related to these issues in Sections
602.13, 602.14(b), 602.15(a)(3), 602.15(a)(6), 602.15(b), 602.16(a), 602.18(e), 602.21(a)(b)&(c),
602.23(a), 602.23(c), 602.25(a-e), and 602.25(f).”
“Other issues raised regarding the agency include governance requirements, involvement in local and
State politics, compliance with State laws, Lumina Foundation grant money, and sanctioning of
institutions. With regard for governance issues (to include union agreements, board of trustee issues,
etc.), the Department does not review such issues as Federal regulations do not require standards
related to governance. The Department cannot find an agency out of compliance with respect to agency
accrediting standards not required by law, and this issue is therefore outside the scope of the review for
continued recognition for the agency.”
This is an example of why going to the courts system is the only way to address these issues.
“With regard for compliance with State laws, it is not the role of the Department to interpret State laws
or enforce them. As an independent, voluntary, membership organization, the agency makes its own
standards, as approved by its members. In addition, the HEA allows for ACCJC to adopt standards not
provided for in the Federal law.” Again, the only appeal to the ACCJC decision on this basis lies with
the courts. Also, the report does not disclose the hoax of a “voluntary” organization when the California
Board of Governors has required that colleges use ACCJC for accreditation.
Page 168
January 28, 2014 Letter to Beno from Department of Education
Barbara A. Beno
President
Western Association of Schools and Colleges,
Accrediting Commission for Community and Junior Colleges
10 Commercial Boulevard, Suite 204
Novato, California 94949
Dear Dr. Beno:
I am writing to inform you of my decision on the renewal of the recognition of the Western Association of
Schools and Colleges, Accrediting Commission for Community and Junior Colleges (ACCJC).
Department of Education staff and the National Advisory Committee on Institutional Quality and
Integrity (NACIQI) have each made recommendations to me. These recommendations were made under
Sections 114 and 496 of the Higher Education Act of 1965 (HEA), as amended, and pursuant to relevant
statutory and regulatory provisions.
Both the staff and the NACIQI recommended that I continue ACCJC's recognition as a nationally
recognized accrediting agency at this time, and require the agency to come into compliance within 12
months of the date of this letter with the criteria listed below', and submit a compliance report due 30
days thereafter that demonstrates the agency's compliance. They further recommended that ACCJC be
granted an extension of scope to include correspondence education and the granting of accreditation for
the first baccalaureate degree offered by means of a substantive change review offered by institutions that
are already accredited by the agency.
§602.12(b)
§602.16(a)(1)(ii)
§602.18(e)
§602.21(c)
§602.13
§602.16(a)(1)(iii)
§602.19(b)
§602.25(a-e)
§602.15(a)(3)
§602.17(a)
§602.20(a)
§602.26
§602.16(a)(1)(i)
§602.17(f)
§602.20(b)
In making my decision, I carefully reviewed the record, and also your letter dated December 20, 2013, in
which you request that I find ACCJC in compliance with two of the criteria cited in the staff report. I did
not find anything in the record to warrant my discounting the recommendations made by the staff
and the NACIQI. I am satisfied that accreditation by ACCJC is a required element in enabling the
institutions the agency accredits to establish eligibility to participate in programs administered by the U.S.
Department of Education under the HEA.
Accordingly, I continue the Department's recognition of ACCJC as a nationally recognized accrediting
agency with the scope of recognition as detailed below, for the time necessary to permit ACCJC 12
months from the date of this letter to achieve compliance, and to submit a compliance report within 30
days thereafter documenting compliance, and to permit the Department to review and make a final
recognition decision in light of the compliance report under the procedures set forth in 34 C.F.R. Part 602,
Subpart C.
Page 169
Scope of recognition: The accreditation and preaccreditation ("Candidate for Accreditation") of
community and other colleges with a primarily pre-baccalaureate mission located in California, Hawaii,
the United States territories of Guam and American Samoa, the Republic of Palau, the Federated States of
Micronesia, the Commonwealth of the Northern Mariana Islands, and the Republic of the Marshall
Islands, which offer certificates, associate degrees, and the first baccalaureate degree by means of a
substantive change review offered by institutions that are already accredited by the agency, and such
programs offered via distance education and correspondence education at these colleges. This recognition
also extends to the Committee on Substantive Change of the Commission, for decisions on substantive
changes, and the Appeals Panel.
You should submit your compliance report using the Department's electronic submission system. The
system can be accessed at:
http://opeweb.ed.gov/aslweb/
Material that cannot be submitted electronically may be forwarded in hard copy. Please submit four
copies of any hard copy material to the Accreditation Group, U.S. Department of Education, 1990 K
Street, NW, #8065, Washington, DC 20006-K-OPE-8-8065
I am confident that ACCJC will be able to come into full compliance with all the criteria cited above by
the deadline, and document compliance in its compliance report within 30 days thereafter. However, I
wish to remind you that if ACCJC does not, the Department may be compelled to limit, suspend or
terminate ACCJC's recognition. Such action is required because of the provision in the Higher
Education Amendments of 1998 that requires the limitation, suspension, or termination of the recognition
of any agency found to be either in noncompliance with the criteria for recognition or ineffective in its
performance with respect to those criteria. Alternatively, the law allows the agency to be given up to 12
months to come into compliance. If the agency fails to come into compliance within the specified time
frame, the law requires termination of the agency's recognition, unless it is determined that the time frame
for coming into compliance should be extended for good cause. Senate Report, No. 105-181 (May 4,
1998), on the Higher Education Act Amendments of 1998, 10511 Congress, 2d Session indicates there is
an expectation on the part of Congress that extensions will be granted only rarely and only upon a
showing of good cause by the agency. The period the Department is providing in this letter for achieving
compliance with the criteria cited above constitutes the maximum time frame (12 months) the law allows
you to correct the deficiencies noted in the Department staff analysis.
Please convey my appreciation to the members of ACCJC for their continuing efforts to improve the
quality of postsecondary education in the United States. Feel free to contact me if you have any questions.
Sincerely,
Brenda Dann-Messier
Acting Assistant Secretary
Sections Violated by ACCJC as noted in letter and [remarks by Dept. of Education staff]
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§602.12(b) The agency must demonstrate that its standards are sufficient to comprehensively evaluate
baccalaureate level degree programs and are comparable to commonly accepted standards for ensuring
quality in baccalaureate degree programs.
§602.13 Acceptance of the agency by others.
The agency must demonstrate that its standards, policies, procedures, and decisions to grant or deny
accreditation are widely accepted in the United States by (a) Educators and educational institutions; and
(b) Licensing bodies, practitioners, and employers in the professional or vocational fields for which the
educational institutions or programs within the agency's jurisdiction prepare their students.
[The agency must demonstrate wide acceptance of the agency's standards, policies, procedures, and
decisions to grant or deny accreditation by educators.]
§ 602.15 Administrative and fiscal responsibilities.
The agency must have the administrative and fiscal capability to carry out its accreditation activities in
light of its requested scope of recognition. The agency meets this requirement if the agency demonstrates
that (a) The agency has (3) Academic and administrative personnel on its evaluation, policy, and
decision-making bodies, if the agency accredits institutions;
[The agency must demonstrate that academic personnel, as generally defined by the accrediting agency
and wider higher education community, are represented on its evaluation teams.]
§602.16(a)(1)(i) The agency must demonstrate that it evaluates the appropriateness of the measures of
student achievement chose by its institutions.
§602.16 Accreditation and preaccreditation standards.
(a) The agency must demonstrate that it has standards for accreditation, and preaccreditation, if offered,
that are sufficiently rigorous to ensure that the agency is a reliable authority regarding the quality of the
education or training provided by the institutions or programs it accredits. The agency meets this
requirement if -(1) The agency's accreditation standards effectively address the quality of the institution or program in the
following areas:
(i) Success with respect to student achievement in relation to the institution's mission, which may include
different standards for different institutions or programs, as established by the institution, including, as
appropriate, consideration of course completion, State licensing examination, and job placement rates.
§602.16(a)(1) The agency's accreditation standards effectively address the quality of the institution or
program in the following areas:
(ii) Curricula.
[The agency does not meet the requirements of this section based on its requested scope. It must
demonstrate that its standards for accreditation regarding curricula are sufficiently rigorous and
comprehensive to ensure that the agency is a reliable authority regarding the quality of the baccalaureate
level education provided by the institutions it accredits. The agency needs to incorporate its substantive
change protocol requirements for baccalaureate degree programs into the agency's curricula standards.]
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§602.16(a)(1) The agency's accreditation standards effectively address the quality of the institution or
program in the following areas:
(iii) Faculty.
[The agency does not meet the requirements of this section based on its requested scope. It must
demonstrate that its standards for accreditation regarding faculty are sufficiently rigorous and
comprehensive to ensure that the agency is a reliable authority regarding the quality of the baccalaureate
level education provided by the institutions it accredits.]
§602.17 § 602.17 Application of standards in reaching an accrediting decision.
The agency must have effective mechanisms for evaluating an institution's or program's compliance with
the agency's standards before reaching a decision to accredit or reaccredit the institution or program. The
agency meets this requirement if the agency demonstrates that it §602.17(a) Evaluates whether an institution or program (1) Maintains clearly specified educational objectives that are consistent with its mission and
appropriate in light of the degrees or certificates awarded;
(2) Is successful in achieving its stated objectives; and
(3) Maintains degree and certificate requirements that at least conform to commonly accepted
standards;
[The agency must demonstrate that it evaluates an institution on its maintenance of clearly specified
educational objectives that are consistent with its mission and appropriate in light of the credentials
awarded, and is successful in achieving its stated objectives with specific regards to baccalaureate degree
programs.]
§602.17(f) Provides the institution or program with a detailed written report that assesses—
(1) The institution's or program's compliance with the agency's standards, including areas needing
improvement; and
(2) The institution's or program's performance with respect to student achievement; and
[The agency must provide documentation to demonstrate that it has fully implemented its revised policies
to demonstrate that the agency clearly delineates between areas of non-compliance and areas for
improvement. The agency must also demonstrate that it provides the institution with a detailed written
report that assesses the institution's performance with respect to student achievement.]
§ 602.18 Ensuring consistency in decision-making.
The agency must consistently apply and enforce standards that respect the stated mission of the
institution, including religious mission, and that ensure that the education or training offered by an
institution or program, including any offered through distance education or correspondence education, is
of sufficient quality to achieve its stated objective for the duration of any accreditation or preaccreditation
period granted by the agency. The agency meets this requirement if the agency—
§602.18(e) Provides the institution or program with a detailed written report that clearly identifies any
deficiencies in the institution's or program's compliance with the agency's standards.
[The agency must provide documentation to demonstrate that it provides the institution with a detailed
written report that clearly identifies any deficiencies in the institution's compliance with the agency's
standards.]
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§602.19(b) The agency must demonstrate it has, and effectively applies, a set of monitoring and
evaluation approaches that enables the agency to identify problems with an institution's or program's
continued compliance with agency standards and that takes into account institutional or program strengths
and stability. These approaches must include periodic reports, and collection and analysis of key data and
indicators, identified by the agency, including, but not limited to, fiscal information and measures of
student achievement, consistent with the provisions of §602.16(f). This provision does not require
institutions or programs to provide annual reports on each specific accreditation criterion.
[The agency must provide information and documentation to demonstrate that it requires additional
information from an institution when student achievement data, or any other key data or indicators do not
meet the agency's standards.]
§602.20 Enforcement of standards.
(a) If the agency's review of an institution or program under any standard indicates that the institution or
program is not in compliance with that standard, the agency must—
(1) Immediately initiate adverse action against the institution or program; or
(2) Require the institution or program to take appropriate action to bring itself into compliance
with the agency's standards within a time period that must not exceed—
(i) Twelve months, if the program, or the longest program offered by the institution, is less
than one year in length;
(ii) Eighteen months, if the program, or the longest program offered by the institution, is at
least one year, but less than two years, in length; or
(iii) Two years, if the program, or the longest program offered by the institution, is at least
two years in length.
[The agency must demonstrate that it consistently enforces the time period to return to compliance with
the agency's standards.]
(b) If the institution or program does not bring itself into compliance within the specified period, the
agency must take immediate adverse action unless the agency, for good cause, extends the period for
achieving compliance.
[The agency must demonstrate that it takes immediate adverse action if an institution does not bring itself
into compliance within the specified period.]
§ 602.21 Review of standards.
§602.21(c) If the agency determines, at any point during its systematic program of review, that it needs to
make changes to its standards, the agency must initiate action within 12 months to make the changes and
must complete that action within a reasonable period of time. Before finalizing any changes to its
standards, the agency must (1) Provide notice to all of the agency's relevant constituencies, and other parties who have made
their interest known to the agency, of the changes the agency proposes to make;
(2) Give the constituencies and other interested parties adequate opportunity to comment on the
proposed changes; and
(3) Take into account any comments on the proposed changes submitted timely by the relevant
constituencies and by other interested parties.
[The agency must provide documentation that it must complete the standards revision process within a
reasonable period of time.]
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§ 602.25 Due process.
The agency must demonstrate that the procedures it uses throughout the accrediting process satisfy due
process. The agency meets this requirement if the agency does the following:
(a) Provides adequate written specification of its requirements, including clear standards, for an
institution or program to be accredited or reaccredited.
(b) Uses procedures that afford an institution or program a reasonable period of time to comply
with the agency's requests for information and documents.
(c) Provides written specification of any deficiencies identified at the institution or program
examined.
(d) Provides sufficient opportunity for a written response by an institution or program regarding
any deficiencies identified by the agency, to be considered by the agency within a timeframe determined
by the agency, and before any adverse action is taken.
(e) Notifies the institution or program in writing of any adverse accrediting action or an action to
place the institution or program on probation or show cause. The notice describes the basis for the action.
[The agency must provide documentation to demonstrate that it provides written specification of any
deficiencies identified at the institution examined.]
§ 602.26 Notification of accrediting decisions.
The agency must demonstrate that it has established and follows written procedures requiring it to provide
written notice of its accrediting decisions to the Secretary, the appropriate State licensing or authorizing
agency, the appropriate accrediting agencies, and the public. The agency meets this requirement if the
agency, following its written procedures—
(a) Provides written notice of the following types of decisions to the Secretary, the appropriate
State licensing or authorizing agency, the appropriate accrediting agencies, and the public no later than 30
days after it makes the decision:
(1) A decision to award initial accreditation or preaccreditation to an institution or
program.
(2) A decision to renew an institution's or program's accreditation or preaccreditation;
(b) Provides written notice of the following types of decisions to the Secretary, the appropriate
State licensing or authorizing agency, and the appropriate accrediting agencies at the same time it notifies
the institution or program of the decision, but no later than 30 days after it reaches the decision:
(1) A final decision to place an institution or program on probation or an equivalent status.
(2) A final decision to deny, withdraw, suspend, revoke, or terminate the accreditation or
preaccreditation of an institution or program.
(3) A final decision to take any other adverse action, as defined by the agency, not listed in
paragraph (b)(2) of this section;
(c) Provides written notice to the public of the decisions listed in paragraphs (b)(1), (b)(2), and
(b)(3) of this section within 24 hours of its notice to the institution or program;
(d) For any decision listed in paragraph (b)(2) of this section, makes available to the Secretary, the
appropriate State licensing or authorizing agency, and the public, no later than 60 days after the decision,
a brief statement summarizing the reasons for the agency's decision and the official comments that the
affected institution or program may wish to make with regard to that decision, or evidence that the
affected institution has been offered the opportunity to provide official comment;
(e) Notifies the Secretary, the appropriate State licensing or authorizing agency, the appropriate
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accrediting agencies, and, upon request, the public if an accredited or reaccredited institution or
program—
(1) Decides to withdraw voluntarily from accreditation or preaccreditation, within 30 days
of receiving notification from the institution or program that it is withdrawing voluntarily from
accreditation or preaccreditation; or
(2) Lets its accreditation or preaccreditation lapse, within 30 days of the date on which
accreditation or preaccreditation lapses.
[The agency must demonstrate that it provides written notice of negative decisions to the Secretary and
the other entities required by this section at the same time it notifies the institution of the decision.]
Chapter 6 ACCJC in 2014
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January 2014 Meeting of the ACCJC
The ACCJC met on January 8-10, 2014 in Sacramento. The preliminary agenda for the meeting made
clear that only 20 members of the public would be allowed into the January 10 th “Open” meeting and
speakers would only be allowed a total of 15 minutes to make comments. The items being acted on in the
public portion of their three-day meeting were not available to the public prior to the meeting. As a result
of these restrictions less than 20 members of the public attended the meeting. I was one of those who saw
little point in attempting to address the Commission for three minutes.
The final agenda, first made available at the meeting itself, contained a list of the items under
consideration. These items included “Approval of Policies for First and Second Reading, Approval of
Operational Policies, and Report on Policy Actions taken since June 2013.”
The Policies being considered at First Reading included:
a.
Policy and Procedures for the Evaluation of Institutions in Multi-College/Multi-Unit Districts or
Systems
b.
Policy on Institutional Degrees and Credits
c.
Policy on Complaints Against the Accrediting Commission for Community and Junior Colleges
d.
Policy on Closing an Institution
e.
Policy on Commission Actions on Institutions
Those approved on First Reading are then supposed to be sent out for public comment. The problem is
that public comment suggestions for change are rarely adopted by the Commission on Second Reading.
The Second Reading Policies included:
a.
Policy on Monitoring Institutional Performance
b.
Policy on Direct Assessment of Learning (formerly Policy on Credit for Prior Learning in
Undergraduate Programs)
c.
Policy on Rights and Responsibilities of the Commission and Member Institutions
Operational Policies included
a.
Policy on Access to Commission Meetings
Amendment to Bylaws
a.
ACCJC Bylaws
Report on Policies Revised by Electronic Vote in October 2013 for USDE Compliance. These policies
have been approved without public input and were just being reported out to the public.
a.
Policy on Commission Good Practice in Relations with Member Institutions
b.
Policy on Public Disclosure and Confidentiality in the Accreditation Process
c.
Policy on Relations with Government Agencies
d.
Policy on Relations with Accrediting Agencies
e.
Policy on Conflict of Interest for Commissioners, Evaluation Team Members, Consultants,
Administrative Staff, and other Commission Representatives
f.
Policy on Substantive Change
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Report on Policies Eliminated by Electronic Vote in October 2013 for USDE Compliance
a.
Policies and Procedures for Joint Accreditation Process between ACCJC and ACSCU of WASC
b.
Policies and Procedures for Joint Accreditation Process between ACCJC and ACS of WASC
c.
Coordinating Guidelines for the WASC Accrediting Commission
An explanation of the process used by ACCJC was provided: “Through Commission processes, the Policy
Committee oversees the development of new policies and changes to existing policies. Commission
procedures require that proposed institutional policy changes and/or new policies be considered by the
Commission in a two-meeting process. At the first meeting, new policies/policy changes are discussed
and modifications are made as appropriate (i.e., "First Reading"). These policies are then circulated to
ACCJC accredited institutions and other interested parties for review and comment before presentation at
the next Commission meeting for second reading and adoption.”
“When changes are needed in order to align with federal regulations or guidelines, these changes can
be made by the Commission without the normal First Reading/Second Reading process. If these
changes are made by Commission action between regular meetings, then the changes are reported to the
field at the next Commission meeting.”
“The Policy Committee met on October 8 and 11, 2013 by conference call, and in-person on November
15, 2013 to review institutional policies for first reading and second reading. Operational policies and
documents were also reviewed for presentation to the Commission, along with edits to policies.”
A summary of changes was provided as follows:
Policy and Procedures for Evaluation of Institutions in Multi-College/Multi-Unit Districts or
Systems
“The proposed revision is to eliminate a section related to team reports and recommendations that is
more accurately addressed elsewhere in policy and procedure.”
Policy on Institutional Degrees and Credits
“The work on this policy was primarily to move regulations citations to footnotes, to increase readability
of the policy. The Policy on Institutional Degrees and Credits contains a definition of ‘program,’ which is
clarified in the proposed revision. The proposed revision also specifies that general education and, if
offered, pre-collegiate preparatory courses of study are defined as programs of the institution, There
were some additional changes made in October 2013, to include references for baccalaureate degrees.”
Policy on Complaints Against the Accrediting Commission for Community and Junior Colleges
“Whereas there had been no recent application of this policy prior to 2013, during the past year there
were two complaints against the ACCJC under this policy. During the processing of those complaints, it
was determined the policy would be enhanced by a fuller explanation of the complaint process. The
policies of other regional accreditors were used as reference points in revising the Commission's policy.
The Policy Committee also felt it would benefit readers to know of other processes available to raise
questions or concerns related to the accreditation standards, processes, or actions on institutions.”
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Policy on Closing an Institution
“This policy was revised to provide for flexibility in the requirement of a Closure Report for all
institutions placed on the sanction of Show Cause. With the revision, institutions ordered on Show Cause
may also be required to complete a Closure Plan, develop a preliminary closure plan, or make other
preparations for closure. Other revisions were made to the policy in October, to clarify language and
provide that Closure Plans are reviewed as substantive changes by the Committee on Substantive
Change.”
Policy on Commission Actions on Institutions
“This policy was revised to eliminate the requirement for a two-year period of time to pass before an
institution can proceed with seeking accreditation upon denial of candidacy or initial accreditation.
Instead, the requirement before reapplying is now specified as completion of a new self-evaluation
process and submittal of an Institutional Self Evaluation Report. Additional revisions made in October
clarified language concerning the application of the two-year rule in relation to Commission actions on
institutions.”
The “institutional policies” approved on Second Reading included:
Policy on Monitoring Institutional Performance
“The new Policy on Monitoring Institutional Performance highlights the periodic (annual) monitoring of
key indicators as required by USDE regulations. This area of accreditation practice and reporting by
colleges will be more transparent to member institutions and interested others with the creation of a
stand-alone policy on the subject. Additional language was added to this policy to align with federal
regulations concerning monitoring activities of accrediting agencies.”
Policy on Direct Assessment of Learning (formerly Policy on Credit for Prior Experiential Learning in
Undergraduate Programs)
“In the course of its ongoing review of Commission policies, the committee determined this policy had
become out of date since its last revision in 2009. There has been a great deal of movement on this subject
over the past several years, and the U.S. Department of Education recently clarified its expectations
related to direct assessment programs, which may include prior experiential learning. The policy has
been renamed and revised with these factors in mind. It should be noted that several other Commission
policies also address direct assessment programs, including the Policy on Substantive Change, Policy on
Award of Credit, and Policy on Institutional Degrees and Credits.”
Policy on the Rights and Responsibilities of the Commission and Member Institutions
“During a regular review of the Policy on Rights and Responsibilities of the Commission and Member
Institutions, it was determined that a separate section on third party comment would be helpful to the
member institutions and to the public. The section pulls materials that were previously found in several
other policies and records them together in this section. Other revisions were made in October to align
with federal regulations and guidelines.”
Commission operational policies were presented to the Commission for review and approval.
“Operational policies are not circulated to the field for comment prior to final approval. Upon approval,
they are included in the Commission's report on Recent Commission Actions on Policy, and are posted
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online in the Accreditation Reference Handbook.” These Policies included:
Policy on Access to Commission Meetings
“Revisions to this policy clarify language concerning access to Commission meetings and insert as a part
of the public session a period for public comment.4. The following Commission operational document
was amended in October 2013 and again in January 2014 in accordance with Bylaws.”
ACCJC Bylaws
“The ACCJC Bylaws were amended in October 2013 and again in January 2014 in accordance with the
Bylaws. These amendments were made to align the Bylaws with federal regulations and guidelines:
clarified scope statement for the baccalaureate degree, deletion of representatives on the Commission
from other WASC accrediting agencies, and insertion of the definition of public members. There was also
clean-up of language and terms remaining from an earlier version of the Bylaws.”
“The following policies were revised in October, 2013, in response to USDE analysis in connection with
the ACCJC recognition review. The changes made were to address areas related to: enforcement of the
two-year rule, notifications to other accreditors and to governmental agencies, substantive change,
recommendations to meet standards and to improve effectiveness, language pertaining to the
baccalaureate degree, avoidance of the possibility of conflict appearance, and team make-up.
Policy on Commission Good Practice in Relations with Member Institutions
Policy on Public Disclosure and Confidentiality in the Accreditation Process
Policy on Relations with Government Agencies
Policy on Relations with Accrediting Agencies
Policy on Conflict of Interest for Commissioners, Evaluation Team Members, Consultants,
Administrative Staff, and Other Commission Representatives
Policy on Substantive Change”
Lack of Transparency - CFT Letter of January 9, 2014
On January 9, 2014, a letter was sent from the California Federation of Teachers to the ACCJC
complaining about the lack of transparency of the ACCJC in performance of its responsibilities. The letter
began with: “The California Federation of Teachers (CFT) continues to express the greatest concerns
about the persistence of the Accrediting Commission for Community and Junior Colleges (ACCJC) in
avoiding transparency in matters of public interest, which impacts the community colleges, their
students, and employees.”
“Regarding the January 2014 meeting of the ACCJC, other than a preliminary agenda, precious little
information is available to the public.”
With the regard to the preliminary agenda (actually just a memo) the CFT continued: “This Memo lists
four policies, which are set for first reading, including the Policy on Closing an Institution and the Policy
on Complaints Against the ACCJC. Both policies are of keen interest to the CFT and its members, yet we
are unaware of any prior posting of copies of the proposed new policies such as would allow comment to
be considered prior to the ACCJC's January 10, 2014 meeting.”
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“The Memo lists three policies set for a second reading. The Policy on Rights and Responsibilities of
Commission and Member Institutions was up for a second reading in June 2013 and is now up for
another second reading in January 2014. Again, we are unable to find any notice as to the contents of this
proposal, on the ACCJC website.”
“The Preliminary Agenda mentions an "operational" policy on Access to Commission Meetings. This
policy is also of keen interest, but also appears to have been kept confidential by ACCJC.”
“The Preliminary Agenda notes that in October 2013, the ACCJC revised seven of its policies - but
again, the content of the revised policies is not apparent on the ACCJC website, and we presume these
revised policies were not made available for review by faculty, students and the public, before they were
adopted, or since. If ACCJC adopted revised policies in October 2013, and those proposed revised
policies were not published before adoption, how is the public able to comment on said proposed
policies, which have direct effects on the community colleges and their constituencies?”
“Given the above, the CFT objects to the Commission's consideration of policy changes as to any policy
or revision where the Commission has failed to provide adequate public notice of proposed changes
prior to adoption.”
The CFT noted the limited access allowed at the public session of the Commission and stated its objection
to this “practice”: “the CFT also objects to the ACCJC, which is clothed with governmental authority,
limiting access to its public meetings to just 20 members of the public. We note that the room for June
meeting mentioned above had room for dozens if not hundreds of people. Why work to keep out members
of the public seeking to learn about and participate in the Commission's proceedings?”
The CFT letter ends with “it appears that ACCJC's practices continue to emphasize secrecy and lack of
transparency. We call on ACCJC to adhere to a strong policy of transparency.”
The letter was also sent as a cc to Secretary Arne Duncan, U.S. Department of Education; Governor
Edmund G. Brown, Jr., State of California; Chancellor Brice Harris, California Community Colleges;
Superintendent Tom Torlakson, State Superintendent of Public Instruction; a number of members of
Congress; the two California United
States Senators; and a number of state legislative representatives.
Report on ACCJC Meeting of January 10, 2013
Karen Saginor, a CCSF Librarian and Academic Senate leader, reported on the January 10th ACCJC
meeting to Academic Senate leaders across California. She noted that “The ‘public’ portion of the ACCJC
on Friday afternoon was comprised of reports, policy changes and a first ‘reading’ of greatly revised
standards. Most significant of the policy changes were a removal of the requirement that changes to
ACCJC Bylaws be considered in public session and extensive changes to the Policy on Complaints
Against the ACCJC narrowing the scope of complaints to which ACCJC must respond, requiring more
information and substantial evidence from the complainant; specifying the form that the complaint
must take (including an original signature) and disallowing the right to appeal the disposition of a
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complaint.”
The new standards
“At the beginning of the ACCJC meeting on the afternoon of January 10, Tim Karas, President of the
Council of Chief Librarians, spoke in public comment about the process used by his organization to
provide consensus from the field on standards for libraries. ACCJC has used none of their input. He
asked the group to reconsider merging Standard II.C., concerning libraries, into Standard II.B. Student
Services.”
Saginor spoke to the disjoint between the statements made at the NACIQI meeting in December and the
actual activities of the ACCJC. She noted that the statements made in December “claiming wide vetting
of the new standards and the actual practice, including the withholding of half the standards from the
Academic Senate of the California Community Colleges (ASCCC) and the lack of responsiveness to
input. “
Contradictory Statements
Saginor wrote that “Vice President Krista Johns and others responded to say that the phase for feedback
to the standards was just beginning now -- even the Commission members had just received the new
standards for first reading two days ago -- and there will be a wide process for feedback this Spring.
These statements were contradicted a few hours later when the commission started its discussion of the
standards and John Nixon, speaking for the standards committee, talked about how much input and
feedback they've already had from "experts in the field" including the ASCCC. In the discussion, one of
the commissioners remarked "I just don't want us to leave the impression with the public that this is the
first time the Commission is looking at these standards. It is not." I cannot reconcile these various
statements with each other or with the experiences many of us have had in not being able to access the
text of the draft standards and the agency's lack of responsiveness to feedback during a time when the
agency announces it is seeking input. It is also unclear how the January 10th afternoon meeting
qualified as a public presentation of the standards as a first "reading," since these standards were not
provided to members of the public who attended the meeting, nor were they read out loud. There was
some discussion of sections of it by members of the commission (mostly impossible for us public to follow
with no text) but no changes were made before it was unanimously approved. Vice President Krista Johns
estimated that the text as approved may be provided to college CEOs and ALOs by the end of January.”
Some of the Changes
New Policy On Complaints Against ACCJC
The Policy on Complaints was offered for First Reading. It begins with the following changes “The
purpose of this policy is to provide a process whereby individuals who have been aggrieved as a direct
result of acts or omissions by the Accrediting Commission for Community and Junior Colleges (ACCJC)
related to its accreditation functions may file a complaint. Complaints against the Commission are limited
to complaints ACCJC may be about the ACCJC's lack of compliance with its own published regarding the
agencies Eligibility Requirements, Accreditation Standards, criteria, and Commission policies, with
federal regulations, and with accreditation procedures. Procedures, or actions of staff or any other
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Commission representative.”
It is not clear under the new policy what criteria is used to determine if the individual filing the complaint
was “directly aggrieved” as a result of the now more limited scope of application. It must be noted that
Barbara Beno is staff to the ACCJC and as a result, her actions could not be grieved based on this new
policy to be voted on in June by the Commission.
The new policy includes “The ACCJC does not review complaints seeking to substitute Commission or
team judgments related to institutional reviews or raise matters about which a member institution has due
process procedures as a part of accreditation reviews.' An accreditation action not in accord with a
complainant's expectation is not in and of itself cause for review of a complaint against ACCJC. The
ACCJC does not review complaints presented primarily to indicate disagreement with standards, or to
indicate comment concerning the accredited status of a member institution.” This means that in a case
such as that occurring at CCSF where the appointed Special Trustee does not adequately raise issues
under the review and appeal process, the rest of the college community has no avenue of action against
ACCJC within the ACCJC umbrella.
The proposed policy also includes the following new language: “The complaint must be written, and must
state clearly the nature of the complaint and the manner in which the complainant was directly aggrieved
by the acts or omissions. The complainant must be clearly identified and the complaint and it must be
signed contain an original signature. The complaint must identify the Eligibility Requirements,
Accreditation Standard, Commission policy, or procedure in question and include substantial evidence to
support the allegations being made. Should a complaint require Commission consideration and action,
the complainant will be notified of the timing of the Commission's review.”
It also adds the following: “The ACCJC's disposition of complaints under this policy is final.
Complainants do not have a right to appeal the disposition of a complaint.” In short, the Commission is
the final judge concerning its failure to comply with its rules.
Policy on Commission Actions on Institutions
The Commission considered the changes to the policy as a First Reading. The main changes reinforces
that a college has up to two years (or less if the Commission so decides) to address deficiencies.
Policy on the Right and Responsibilities of the Commission and Member Institutions
New language includes “Teams will include both academic and administrative representatives. Faculty
members will be included among the academic representatives on comprehensive evaluation teams.”
This language does not seem to adequately address the Department of Education’s demands relative to
what an “academic representative” is nor whether there is a substantial number of faculty on all evaluation
teams.
New language is attempted to address the confusion between what is a requirement and what is simply a
recommendation. The new language would read “The Commission also has the responsibility to
communicate its findings derived from the site visit to the institution; ensure that the External Evaluation
Report of Educational Quality and Institutional Effectiveness (formerly Team Report) identifies and
distinguishes clearly between statements' directly findings, conclusions and recommendations related to
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deficiencies in meeting the Eligibility Requirements, Accreditation Standards and Commission policies,
and those recommendations representing suggestions for quality improvement; provide the Chief
Executive Officer of the institution with an opportunity to correct all factual errors in the draft External
Evaluation Report; and provide supplemental materials pertinent to the facts and conclusions in the
External Evaluation Report before it takes action on the Institutional Self Evaluation and External
Evaluation Report.”
This same language is later repeated but with respect to the Commission’s decisions. We shall see how
this works out in the future and whether or not the reports to the colleges clearly distinguish between
“recommendations related to deficiencies in meeting the Eligibility Requirements, Accreditation
Standards and Commission policies and recommendations representing suggestions for quality
improvement.”
Policy on Access to Commission Meetings
The policy now begins with the following: “The ACCJC holds meetings of the Commission holds its
meeting for two purposes: to decide accredited status of applicant and member institutions and to
consider such organizational informational and policy matters as may come before it. The Commission
meets in Public Session when deliberating or acting upon informational organizational or policy matters.
The Commission meets in Public Session. When deliberating or acting upon matters that concern specific
individuals or the accredited status of institution, the Commission meets in Closed Session to ensure the
confidentiality of those matters, that decisions are based on facts presented in accordance with
accreditation procedures, and to ensure decisions are not improperly influenced.”
I am not sure how a closed session insures that “facts presented in accordance with accreditation
procedures, and to ensure decisions are not improperly influenced” or that improper influence is better
avoided. There is certainly no proof available that working in the public eye makes the proceedings less
based on facts and actual procedures - most people would agree that sunshine is a good antiseptic to
various types of poisons.
The second paragraph of the proposed policy states that “The Commission holds public sessions to share
information with the field and to provide transparency to the public. The Commission supports and
encourages the presence of members of the public at its public sessions. Seating, though limited, is made
available for members of the public at each meeting. The Commission also recognizes that it has the
responsibility to consider actions on the accreditation status of institutions and matters such as personnel
actions in a confidential manner.”
The Commission does not encourage the presence of the public and does not provide materials in advance
so that the public can even follow what the Commission is doing. The limiting of attendance to 20 people
in rooms that will hold many more people is just one indication of the desire to exclude the public.
Leaving only 15 minutes for public comment is another example of the drive by the ACCJC to discourage
attendance and participation.
Even in closed sessions, institutions under review are only allowed 15 minutes to make their case before
the Commission acts on their accreditation. Again, an example of the closed book attitude of the
Commission.
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Review of CCSF Removal of Accreditation Decision
At the January 8-10, 2014 meeting the Commission reaffirmed its June 2013 decision to terminate
accreditation of CCSF effective July 31, 2014. A letter dated February 7, 2014 stated that “The
Commission examined the report of the Review Committee, the Request for Review Statement of Reasons
submitted by City College of San Francisco, and the evidence provided by the College in support of the
reasons. The Commission found that the four criteria for review outlined in the Policy on Review of
Commission Actions were not met for any of the reasons raised.” No further explanation was provided.
The refusal to reverse itself was no surprise to those who understand the kangaroo court procedure and
operation of the Commission in considering a review of their own decisions.
The letter then went on to state that the college may appeal the decision, and “If the College chooses to
file an appeal, during the pendency of the appeal the institution's status with the Commission shall remain
the same as it was prior to the decision being appealed. During the period of appeal, City College of San
Francisco remains accredited and on Show Cause status.”
The ACCJC Bylaws and ACCJC Appeal Procedures Manual were enclosed in the letter. Without an
explanation of the Commission finding, it may make it more difficult for the college to appeal the
decision. If the new process is as secret as the review process, the public will continue to know nothing
concerning on what basis the college is appealing nor how the decision is reached.
Letter from Saginor to Agrella
On March 4, 2014 Karen Saginor (an active Academic Senate member and Librarian at CCSF) wrote a
letter to Special Trustee Robert Agrella and CCSF Chancellor Arthur Tyler requesting that the appeal
document “you submit for this purpose on behalf of City College of San Francisco will fully address the
four appeal criteria relating to errors, bias, or lack of evidence on the part of ACCJC.” She noted that
the review request by Agrella had mostly likely left out many important issues that had been brought up
by the CFT and others suing the ACCJC as Agrella had indicated that he would follow the advice offered
on August 16, 2013 by Dr. Beno: “The rights of CCSF under ACCJC’s standards and policies, including
the institution’s rights under the pending review and appeal process, and also its rights under the
attendant USDE [U.S. Department of Education] regulations, cannot be adopted by or transferred to
third parties. While the Union is free to submit complaints about the ACCJC, just as any other third party,
the Union is not a representative or agent of the institution, and has no authority to represent the
institution in its dealings with the Commission and USDE. Nor should a third party’s complaints be
treated or handled in the process of review requested by a member institution of ACCJC, in this case
CCSF. The public’s and USDE’s response to the Union’s complaints give the appearance that these clear
boundaries are not being respected.”
Saginor expressed the feeling that since the original review request has not been accepted that more was
needed in the appeal. In particular she outlined “a partial list of ACCJC actions that meet one or more of
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the four criteria because they demonstrate errors of commission or omission, bias or prejudice, erroneous
evidence or lack of evidence.”
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The March 2012 Visiting Team and the April 2013 Show Cause Visiting Team lacked a sufficient
number of faculty, a violation of ACCJC policy.
The March 2012 Visiting Team included Peter Crabtree, husband of Dr. Barbara Beno.
The Commission incorrectly asserted that City College had been found deficient prior to 2012,
basing this error on a mischaracterization of recommendations for improvement that
accompanied the 2006 decision stating that City College met all standards.
The Commission placed City College on Show Cause without giving it a lesser sanction first. This
was out of line with ACCJC practices in sanctioning other colleges – disparate treatment that
demonstrates bias.
In accordance with ACCJC policy, The Show Cause Visiting Team Report was shared in draft
form with College leadership so that the College might have an opportunity to submit corrections
for errors of fact in it before the Commission considered it. However, with the Commission
decision in 2013 came notification that ACCJC was adding many more standards to those
identified as deficient in the Show Cause Visiting Team Report. Contrary to ACCJC policy (and
USDE regulation) the ACCJC did not identify what the deficiencies were for these standards. (For
example, Standard II.A.6 concerning information provided to students about courses, program,
policies, etc. – the Show Cause Visiting Team Report noted that City College met this standard,
the decision letter from the Commission listed this as a standard not met, but did not identify the
deficiency.)
In addition to not identifying the added deficiencies, ACCJC gave no opportunity to City College
to submit corrections for errors of fact, and these improperly noticed, unidentified deficiencies
were part of the basis for the Commission’s 2013 decision to withdraw accreditation.
ACCJC characterized City College as deficient for its level of prefunding of Other Post
Employment Benefits (OPEB) although ACCJC standards did not include requirements for
prefunding of OPEB. Also, ACCJC did not label the same or lower levels of OPEB funding as
deficient at many other colleges.
The March 2012 Visiting Team and the April 2013 inappropriately included persons with conflicts
of interest in regards to OPEB prefunding, an ACCJC Vice President, and persons who lobbied
for provisions of the Student Success Task Force that City College strongly opposed.
The 2013 Show Cause Visiting Team identified Recommendations and standards that City College
met partially or did not meet because, while the College had established appropriate practices
and made acceptable progress, there had not been time (in the eight months since the Show Cause
sanction) to complete the cycle of work. The Commission decided to withdraw accreditation
rather than provide even a small amount of additional time for City College to complete the work
and demonstrate progress. This illogical decision demonstrates bias.
The Commission found that City College did not meet several standards concerning Student
Learning Outcomes based on evidence submitted by the college in Spring, 2013. However, the
same evidence was submitted to ACCJC for a feedback report prepared by ACCJC staff. When
ACCJC staff compared colleges, scoring them numerically using a rubric, City College was
scored as meeting requirements. This inconsistency in assessing evidence demonstrates errors and
bias on the part of the Commission.”
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March 3, 2014 Save CCSF Answers ACCJC Claims to Dismiss Case
The Save CCSF Coalition responded to the ACCJC request that the court reject their lawsuit against
ACCJC on March 3, 2014. The opposition to what is called a “demurrer” request was summarized by the
Coalition lawyer Dan Siegel. He argued as to how each of the ACCJC claims was incorrect and faulty.
The points he made included:
“1. Improper verification of the petition is no basis for demurrer;
2. Respondent's argument regarding compulsion to exercise discretion in a particular manner is
unrelated to petitioners' case;
3. Petitioners have standing as directly affected persons, beneficially interested citizens, and through
public interest standing;
4. Petitioners do not have access to an administrative review and therefore cannot exhaust it, and CCSFs
administrative review is futile;
5. Petitioners' case is ripe because this Court has established ripeness, CCSF is facing imminent closure,
and injunctive relief is insufficient;
6. This Court has held that CCSF need not be a joined party;
7. Respondent's assertion of privilege does not suffice to make its entire course of conduct unreviewable
by this Court.”
In short ‘All that is required is that plaintiff state facts entitling him to some type of relief, and if a cause
of action for mandamus ... has been stated, the general demurrer should have been overruled.’ ‘Boren v.
State Personnel Board (1951) 37 Cal.2d 634, 638, 234 P.2d 981. Here, petitioners are entitled to pursue
a writ of mandate where they have standing as beneficially interested parties, CCSF is under threat of
closure within the year, and ACCJC's decision to terminate resulted from unlawful, arbitrary and
capricious decision making. The demurrer should be denied and the writ heard on the merits.
By "improper verification" the ACCJC lawyers claimed that Wendy Kaufmyn erred when she verified the
truth of her statements "under penalty of perjury” instead of swearing under oath. Coalition lawyer Siegel
noted that "the California Supreme Court established more than a century ago, that a deficient
verification for a petition for a writ of mandate is not a valid basis on which to sustain a demurrer."
On the second point Siegel wrote that ACCJC (the Respondent) had “garbled the law by omitting the
clear, ministerial duty of an agency to proceed as required by law.” He also noted that the Coalition (the
Petitioners) “contend only that ACCJC failed to proceed as required by law, and that mandamus should
lie to compel it to not exceed its legal powers. Petitioners do not claim to say what ACCJC should do,
only that it should conduct its decision making in a lawful manner. That is precisely what traditional
mandate is designed to ensure, and Respondent's puzzling interpretation of California law and
petitioners' arguments is not a valid basis for demurrer.”
On the other points, Siegel pointed out how strong the interests of the parties in the Coalition suit were
and how the internal ACCJC system for appeal of their decisions was only available to Special Trustee
Agrella and was clearly and inadequate appeal system. The procedure has no timeline in order to get a
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speedy remedy. The process afforded by ACCJC was futile for anyone that wanted justice in the case.
Siegel pointed out that the Court itself had noted the extreme harm experienced by students, faculty, and
community as a result of the ACCJC decision to terminate CCSF’s accreditation. Siegel noted that “by
continuing to press an argument that this Court has already peremptorily dismissed, Respondent
exemplifies the frivolity of its defense.”
Finally, the “Respondent’s incoherent assertion of privilege does not suffice to make its entire course of
conduct unreviewable by this Court.” The ACCJC lawyers did not even state which communications it
believed was privileged communications.
In conclusion, the Save CCSF’s response states that “the Court can and should evaluate ‘whether in the
past the Commission has or has not...violated extant standards.’ (Order, p.13:13-14, Request for Judicial
Notice, Exh. B.) Based on this Court's ability to do so, and the foregoing, petitioners Save CCSF
respectfully request that the Court overturn ACCJC's illegal, arbitrary, and capricious decision to
destroy the City College of San Francisco.”
On March 24, 2014 Judge Karnow granted the ACCJC motion to dismiss the Save CCSF’s lawsuit. The
judge found that Save CCSF had not provided evidence that the ACCJC decision to withdraw the
accreditation of CCSF was either illegal or unfair. This decision did not affect the lawsuits by the City of
San Francisco or the California Federation of Teachers.
In May 2014 the Save CCSF and the ACCJC agreed that the Save CCSF coalition would drop its Petition
for a Writ of Mandate in exchange for ACCJC dropping its right to recover expenses and attorney fees
from the Save CCSF Coalition. This left the CFT and the San Francisco City Attorney cases as the only
remaining law suits against the ACCJC.
March 2014 Letter from Congressmembers to Secretary of Education Duncan
On March 13, 2014 a number of Congressmembers wrote to United States Secretary of Eduction Duncan
“inquire about the U.S. Department of Education’s (ED) oversight and enforcement policies of higher
education accrediting agencies.” The letter noted that “accreditors are largely self-regulated and seem to
act with impunity. Specifically, the Accrediting Commission for Community and Junior Colleges’
(ACCJC) conduct has raised concerns regarding not only its practices, but whether sufficient oversight
and accountability mechanisms are in place at the federal level to oversee accreditors.”
Noting that the private based ACCJC currently has sole authority over the community colleges in
California. The letter stated the understanding of the congressmembers is that “ACCJC has sanctioned
colleges at a rate vastly higher than the other accrediting bodies.”
The letter pointed out the situation at CCSF: “ACCJC’s most recent controversy involves revoking the
accreditation of City College of San Francisco (CCSF). Many faculty and educators contend that the
audit was fraught with conflict of interest, bias and improper reliance on administrative, financial and
governance issues, and far too little on students’ academic progress. A preliminary injunction filed by
the City Attorney’s Office, accusing the ACCJC of wrongdoing, precludes final action on accreditation
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from being taken, but the damage to CCSF has already been done. Since ACCJC’s action, City College’s
enrollment has dropped sharply, with 17.3 percent fewer students enrolled for this spring’s semester
compared to last year.”
The congress members stated that they “are aware that in a letter dated August 13, 2013, ED raised
concerns with conflicts of interest, the fact that no “deficiencies” about CCSF were identified in 2006,
and insufficient faculty representation on accreditation teams. On January 28, 2014, ED informed
ACCJC of several deficiencies and provided it 12 months to come into compliance.”
The letter went on to ask a series of questions:
“1. What does the Education Department (ED} see as its proper oversight role with regards to
accreditation?
2. It is our understanding that ACCJC is the only junior college accreditor that only accredits junior
colleges. What were the circumstances surrounding your decision to accredit ACCJC and why did you
decide to make this exception?
3. Given the concerns raised in third party comments about the makeup of ACCJC’s site visit teams, how
does ED ensure that accreditors have sufficient standards for faculty inclusion in site visit teams to
constitute peer review?
4. Why do regions only have one accreditor? Have you examined the merits of certifying more than one
accreditor for each region?
5. Why does ED have the opportunity to de-certify an accreditor only once every six years? If this is a
statutory requirement, would it be beneficial for ED to have the opportunity to de-certify an accreditor
more frequently?
6. Has ED examined the document requests from different accreditors? If so, is there a large disparity
among accreditors in their requests? (I.e. Amount/type of documents requested, etc.)
7. Has ED examined the financial burden of the documentation requests made by accreditors? If so, is
there a disparity among accreditors in the financial burden their document requests result in?
8. How do the fees collected among accreditors compare with one another? Are there large disparities in
the amount of fees collected?
9. Is there precedence for ED to de-certify an accrediting entity, and if so, when and in what
circumstances?”
The letter was signed by Member of Congress Jackie Speier and co-signed by a number of other
lawmakers, including Reps. Janice Hahn, Adam Schiff, and Karen Bass from the Los Angeles area.
January 2014 ACCJC Meeting - Has Anything Really Changed?
The ACCJC met on January 8-10, 2014. It reviewed a large number of colleges and considered a large
number of policy changes. On February 7, 2014 the Commission sent letters out to colleges announcing
the Commission decisions on possible sanctions. The Commission, in a dramatic change of direction in
the severity of the sanctions, issued a total of 4 WATCH sanctions. This was considerably less than the
number of colleges sanctioned at each meeting of the Commission over the past few years. For example,
in January of 2013 the Commission gave 5 WATCH, 4 PROBATION, and 1 SHOW CAUSE sanctions.
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In reading the letters to the colleges, it is not clear whether the ACCJC is actually changing its ways
or just using a subtle shift in approach but yet maintaining the continuation of excessive demands on
colleges to go the ACCJC way.
The looming question of course is whether the three lawsuits filed against ACCJC, the Department of
Education demand that the ACCJC clean up its act in one year or lose the ability to accredit colleges, the
California legislative audit of the ACCJC, and the activities of federal legislators to reign in the ACCJC
had an impact on ACCJC.
The ACCJC letters to the colleges reflected changes in language that blur rather than clarify the
distinction between “recommendations” which result from failure to meet standards and those that
indicate a direction the college should consider in moving forward but are not required changes in order to
meet full accreditation.
The fight to save City College of San Francisco (CCSF) by the San Francisco community, faculty,
students, and staff may also have had an impact upon the ACCJC. To date no evidence of any change in
position with regard to the closing of CCSF has been made evident. In fact, the Commission announced
that its decision regarding the review of its own proceedings that led to the denial of accreditation was that
there was no reason to reverse their own decision. The next step in this process is for CCSF to file an
appeal of the decision to an ACCJC selected panel. As mentioned elsewhere in ACCJC Gone Wild, the
appeal may not include any information that was not available to the Commission in June of 2013 when it
made its decision to dis-accredit CCSF. All of the work that CCSF faculty, staff, and others have made to
accommodate ACCJC’s demands is not allowed to be considered in the CCSF leadership’s appeal of the
ACCJC’s decision.
One of the concerns cited by the U.S. Department of Education (DOE) was the composition of its
Visiting Teams. The DOE requires a substantial number of faculty members on teams but in the past
few years teams have only had a few, if any, faculty members on Visiting Teams. It appears that the
ACCJC has not changed its practice in this area since the DOE first demanded that more faculty members
be included on Visiting Teams. For example, the October 14-17, 2013 twelve member Visiting Team for
Cabrillo College had only one faculty member - an Assistant Professor/Accreditation Coordinator. The
San Mateo College Visiting Team had ten members, only two of whom were faculty members. Some
college Visiting Teams consisted of only two members – neither of whom was a faculty member. The
Solano Community College November 4, 2013 Visiting Team consisted of a President/Superintendent, a
Vice President of Student Services and a College Researcher (who happened also to be an adjunct faculty
member). The Visiting Team for El Camino on November 14, 2013 was a one-person Team composed of
only a College President. The team for the March 4, 2014 visit to Cerritos College has 14 members, only
two of whom are faculty members.
Cuesta College had Rancho Santiago Community College Chancellor and member of the Commission
Raul Rodriguez as the only member of the Visiting Team on November 5, 2013. This raises not only the
issue of lack of faculty but also an apparent conflict of interest. Since the voting on colleges is done
behind closed doors, the possible impropriety of Rodriquez voting on the Cuesta College accreditation is
not available to the public.
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The DOE also faulted the ACCJC for not providing a detailed written report to colleges regarding what
they must improve to receive full accreditation and for not clearly delineating “between areas of noncompliance and areas for improvement. “ This was an important issue at CCSF where the line was not
drawn and then CCSF was cited for not making improvements in areas of recommendations beyond
requirements for satisfactory accreditation.
Cabrillo College - Reaffirm Accreditation
The letter to Cabrillo College is an example of how the Commission is now handling accreditation. The
“Commission took action to reaffirm accreditation.” The letter went on to state that “Reaffirmation is
granted when the institution substantially meets or exceeds the Eligibility Requirements.” It is not clear
what “substantially meets” means. In the past, a college would either meet or not meet the requirements.
My guess is that “substantially meets” means that it meets the requirements for the most part. The letter
then stated that “The College Recommendations are directed toward strengthening the institution, not
correcting situations where the institution fails to meet the Eligibility Requirements, Accreditation
Standards, and Commission policies.” This would seem to indicate that the college will not be held
responsible to make changes based on what the Visiting Team felt might be areas of improvement.
This would seem, at first glance, to indicate a new clarity by the Commission between what is required
and what is just suggested. But later statements muddy the water. For example, in an area entitled
“Improvement of Institutional Effectiveness” the letter states that “Recommendations have been made for
Cabrillo College to improve institutional effectiveness. Recommendations for improvement may be made
to highlight areas for continuing or expanding excellent practices. Recommendations for improvement
may also be made when an institution is currently in compliance with Standards, but additional levels of
effort should be demonstrated in the future. In the Commissions’s experience, these recommendations
may provide indicators of possible future noncompliance if left unattended by the institution. The
College should plan to fully address all improvement recommendations in the Midterm Report.” I have
found the above statement in a number of the February 2014 letters to colleges. It appears now be
boilerplate language. Does this language mean that the colleges will continue to be held accountable for
making changes based on suggestions of the Visiting Team - suggestions which are not required to
achieve full accreditation in the current year? This is contrary to U.S. Department of Education
requirements.
The Recommendations cited in the letter begin with “In order to improve effectiveness, the team
recommends that the College ....” Are colleges now required to “improve effectiveness” above meeting
the requirements for satisfactory accreditation? If “indicators” are not addressed, will a new level of
requirement exist in order to be in compliance with standards earlier met? Or will the measure of meeting
standards be unchanged until new standards with new requirements are approved by the Commission?
One thing that did not change is the final paragraph of the Cabrillo letter: “The recommendations
contained in the External Evaluation Report represent the best advice of the peer evaluation team at the
time of the visit. Institutions are expected to take all action necessary to continuously comply with
Eligibility Requirements, Accreditation Standards, and Commission policies. The Commission wishes to
remind you that while an institution may concur or disagree with any part of the Report, Cabrillo College
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is expected to use the External Evaluation Report to improve educational programs and services.” Does
this mean that improvement above “meeting the standard” is now required? If so, this is a classic example
of “moving the goalposts.”
ACCJC Threatens San Jose/Evergreen Community College District
On February 7, 2014 Barbara Beno wrote that on January 8-10, 2014 the ACCJC reviewed the Midterm
Report submitted by San Jose City College and “took action to require” the college to complete a FollowUp Report by March 13, 2014. The Follow-Up “Report should demonstrate that San Jose City College is
in full compliance with Standard III.A.1.c.”
Standard III.A.1.c states that “Faculty and others directly responsible for student progress toward
achieving stated student learning outcomes have, as a component of their evaluation, effectiveness in
producing those learning outcomes.”
The letter went on to state that “Institutions are expected to meet Eligibility Requirements and
Accreditation Standards at all times during the six-year cycle.”
College administrators then consulted with Jack Pond (ACCJC Vice President of Team Operations and
Communication) in order to find out what was actually required of the district. Subsequently, an
administrative team from the San Jose/Evergreen District met with Krista Johns (ACCJC Vice President
for Policy and Research) on March 4, 2014 in order to get an explanation of what was specifically
required of the district by March 31, 2014 and what would happen if Standard III.A.1.c was not fully met
as evaluated by the ACCJC.
Johns told the administrators from the San Jose/Evergreen District that what was required could be found
by looking at what happened at College of Sequoias when they were given a SHOW CAUSE sanction. In
short, ACCJC Vice President Johns stated that the district must have a signed interim MOU between the
Faculty Union and the District by March 27, 2014 that has the following components:
 An identified pilot program to begin in Fall 2014 and run through Spring 2017
 Individual faculty members confirm participation in SLO assessment cycles by self-recording such
participation in a Faculty Evaluation page as an additional element of professional development
 Classroom faculty include Student Learning Outcomes in class syllabi
Dr. Johns then stated that failure by San Jose/Evergreen Community College District to meet the above
“recommendation” shall result in the District being placed on SHOW CAUSE immediately following
March 31, 2014. Given the timetable outlined it appears that the SHOW CAUSE sanction would be
given without the input of a Visiting Team or an official vote by the Commission members.
This demand by Johns clearly constitutes interference in collective bargaining and outside the usual
ACCJC processes.
Is this now going to be standard procedure - follow-up sanctions without the advice of a Visiting Team or
a vote by the Commission?
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San Mateo Community College – Reaffirm Accreditation
The February 7, 2014 letter from the Commission informed the college that the Commission “reviewed
the Institutional Self Evaluation Report and the Report of the External Evaluation Team that visited
College of San Mateo October 21, 2013 through October 24, 2013, and considered the presentation by
College representatives. The Commission took action to reaffirm accreditation with the requirement that
the College complete a Follow-Up Report that must be submitted by October 15, 2014. The Report will be
followed by a visit of Commission representatives.”
As with other college letters the Commission explained that “Reaffirmation with a Follow-Up Report is
granted when an institution is found to substantially meet or exceed the Eligibility Requirements,
Accreditation Standards, and Commission policies, but has recommendations on a small number of issues
of some urgency which, if not addressed immediately, may threaten the ability of the institution to
continue to meet the Eligibility Requirements, Accreditation Standards, and Commission policies. The
Report should demonstrate, and the visiting team will verify, that the institution has addressed the
recommendations noted below, resolved the deficiencies, and now meets Eligibility Requirements and
Accreditation Standards.” It is interesting that now a college will need to resolve so-called
“deficiencies” even when the Commission has reaffirmed accreditation.
“The Commission found College of San Mateo deficient in meeting the following Accreditation
Standards: II.A.1.a, c; II.A.2.a,b,c,e,f,h,i; II.A.6; II.A.3.a; and Eligibility Requirement 10. Please note that
under U.S. Department of Education regulations, when an institution is not in compliance with Standards,
the Commission "must immediately initiate adverse action against the institution or require the institution
to take appropriate action to bring itself into compliance with the agency's standards within a time period
that must not exceed...two years." College of San Mateo should fully resolve the noted deficiency by
October 2015.” “Adverse action” in the ACCJC means the removal of accreditation. This means a
college can receive accreditation and less than a year later can be dis-accredited by the ACCJC.
Something is seriously wrong here.
The Standards mentioned above relate to a team recommendation that “To order to meet the Standards,
the team recommends that the College complete and assess SLOs for all courses, programs, certificates
and degrees, linking them to Institutional Learning Outcomes. Further, the team recommends
implementing multiple modes of assessment for certificates and degrees. The College should utilize
multiple modes of assessment for the Learning Centers in order to integrate academic support services
with the instructional programs.”
The letter also contains a number of suggested improvements that are to be made to “increase
effectiveness.” “Recommendations have been made for the College of San Mateo and the San Mateo
Community College District to improve institutional effectiveness. Recommendations for improvement
may be made to highlight areas for continuing or expanding excellent practices. Recommendations for
improvement may also be made when an institution is currently in compliance with Standards, but
additional levels of effort should be demonstrated in the future. In the Commission's experience, these
recommendations may provide indicators of possible future noncompliance if left unattended by the
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institution. College should plan to fully address all improvement recommendations in the Midterm
Report.” So they are suggestions for improvement and yet seem to be required to be met. This is not in
compliance with the demands for clarity made by the U.S. Department of Education.
The Visiting Team, in its report, noted that “The College of San Mateo visiting team found the College
administration, faculty, staff, and students will prepared for the visit, with widespread understanding of
the accreditation process evident throughout the college community The accommodations for the team
worked very well, with a conference room at the hotel available for team meetings and equipped with a
computer, printer, overhead projector, and Internet access and a secure team meeting room at the college
proper, fully equipped with all accessories needed to complete work efficiently. The team found the
Institutional Self Evaluation Report to be excessively voluminous and challenging to cross reference
evidence documentation. Nonetheless, documentation to support the Self Evaluation Report was well
organized in the team room at the College, and team members were given secure Internet access. The
College provided transportation between the hotel and the college.”
“Although the College and District staff went out of their way to support the on-site evaluation process,
three complications in the visit posed challenges. First, the College self-evaluation, while complete in its
description and presentation of facts, did not include an accessible delineation of plans to address the
needs identified in the document, causing the Team and the District Team to rely more heavily on other
documents and evidence to close the gap between the identified problem and the plan to correct it.
Second, the District Chancellor was off-site for the first two days of the visit and, although available by
telephone, was not available to interact with the District Team and others on-site until the final days of
the visit. Third, the District challenged the interview requests of the District Team, preferring to add
additional individuals in all interviews involving District staff due to stated concerns about the
Accrediting Commission.“
The letter from the Commission to the college addressed the above as follows: “The team report noted
three specific challenges that the evaluation teams experienced during the site visit. First, the District
Chancellor was unavailable to the team for the majority of the visit. Ccomprehensive evaluation visits
are scheduled well in advance, and the Commission expects top administrators to be available to the team
during the visit.
Second, per a reported directive from the Chancellor, additional staff members were required to attend
scheduled team interviews with district staff members even though these additional individuals were not
invited to participate in the interviews by the members of the evaluation team. Although the evaluation
team overcame this challenge and was able to complete its duties, this is problematic. It made the work of
the team more difficult and created an awkward situation. Evaluation teams are charged with examining
evidence from the college, and one of the methods of gathering or confirming evidence is through the
interview process. By including observers not requested by the team, interviewees may be reluctant to
share information because of a lack of assurance of confidentiality.
Third, the Institutional Self Evaluation Report should, in addition to demonstrating adherence to the
Accreditation Standards, demonstrate ongoing efforts by the college to continually improve its
performance and effectiveness. An important way the Commission expects colleges to carry out this task
is by including actionable improvement plans in the Institutional Self Evaluation Report that contain
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future actions to be implemented by the college. The Commission noted that Institutional Self Evaluation
Report for College of San Mateo did not include actionable improvement plans.”
There seems to be a requirement of the Commission that colleges are expected to not only meet the
Standards but also to continually improve (whatever that means). The Standards thus appear to be a
moving target. Does there not exist set criteria that determines when a college meets requirements? The
U.S. Department of Education requires that the ACCJC have policies that guarantee consistency in
application.
Note that the letter from Beno does not go into why a Chancellor may not want to only have Visiting
Team chosen individuals meet with the team. The Chancellor of the San Mateo Community College
District has been outspoken in his criticism of the way that ACCJC has been acting in the past few
years. It is no wonder that he wants to be assured of a fair hearing before a Visiting Team. Of course, the
ACCJC would never acknowledge that.
Victor Valley College - Remove Probation, Reaffirm Accreditation
The ACCJC “at its meeting January 8-10, 2014 reviewed the Follow-Up Report submitted by Victor
Valley College, and the report of the evaluation team which visited November 4, 2013. The Commission
took action to remove Probation and reaffirm accreditation with the requirement that the College submit
a Follow-Up Report in conjunction with the College Midterm Report due March 15, 2014. The Report
will be followed by a visit by Commission representatives.” The letter was sent on February 7, 2014. In
short, the Commission reaffirmed accreditation but still required a Midterm Report due in one month
from the time the letter was received. This does not seem to be a reasonable time line. What meaning
does “reaffirm accreditation” mean in a situation like this?
The explanation for the required Midterm Report was: “Reaffirmation with a Follow-Up Report is
granted when an institution is found to substantially meet or exceed the Eligibility Requirements,
Accreditation Standards, and Commission policies, but has recommendations on a small number of
issues of some urgency which, if not addressed immediately, may threaten the ability of the institution to
continue to meet the Eligibility Requirements, Accreditation Standards, and Commission policies.” This
now appears to be standard language in college letters from the Commission - I found it in several of the
letters to the colleges. This means that a college can satisfy the requirements for accreditation but
still be held to address issues (and required to address the issues within one month). How does this
make any sense?
So what were these issues that had such urgency that they may cause the Commission to determine to
close a college? “The Report should demonstrate, and the visiting team will verify, that the institution has
sustained compliance with the Standards associated with Recommendations 2, 3, and 6.” None of these
Recommendations rise to the level of “emergency.”
Recommendation 2: went back to “recommendations” in 1993, 1999, and 2005 that dealt with
establishing and maintaining “an ongoing, collegial, self-reflective dialog about the continuous
improvement of student learning and institutional processes.” Talk about academic mumbo-jumbo.
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Recommendation 3: went back to the 2005 Accreditation Evaluation Report that stated that “the College
should complete the development of student learning outcomes for all programs and ensure that student
learning outcomes found on course syllabi are the same as the student learning outcomes found on the
approved course outlines of record. The institution must accelerate its efforts to assess all student
learning outcomes for every course, instructional and student support program, and incorporate analysis
of student learning outcomes into course and program improvements. This effort must be accomplished by
fall 2012 as a result of broad-based dialog with administrative, institutional and research support.
Student learning outcomes need to become an integral part of the program review process, including
incorporating detailed documented analysis from SLO assessments and data-based research.
Additionally, faculty and others directly responsible for student progress toward achieving stated
learning outcomes should have, as a component of their evaluation, effectiveness in producing those
learning outcomes.” We see that the ACCJC continues to seek to involve itself in contractual matters
that are to be bargained between the faculty union and the district. This is contrary to state law. Nothing
has changed in this area of illegal involvement in the collective bargaining process.
Recommendation 6: “In order to meet the Standards, the College should develop long-term fiscal plans
that support student learning programs and services that will not rely on using unrestricted reserves to
cover deficits. Additionally, the College should provide timely, accurate and comprehensive financial
data and budget projections for review and discussion throughout the institution.” What are college and
district reserves for if not to provide cover in bad fiscal years. Colleges are not established to be banks
to put money away in.
As is happening more and more, “The Commission notified Victor Valley College that it was identified for
additional financial review by the Financial Review Task Force.” “At its meeting of January 8-10, 2014,
the Accrediting Commission for Community and Junior Colleges acted to direct that Victor Valley
College provide a Special Report to the Commission by March 15, 2014. The purpose of this Special
Report is to provide more current information to the commission about the College's compliance with
Accreditation Standards.” This report is to cover Recommendation 6 above.
“The Commission will consider the College's Special Report at its meeting June 4-6, 2014. If the
conditional warrant, the Commission may act on the accredited status of the College.” This sentence in
contained in many letters and I think the word “conditional” may actually mean “condition.”
It is clear that an ACCJC decision to grant accreditation is only a temporary decision and may be reversed
in less than six months if certain changes are not made or reports are not filed in that time.
Solano College – Remove Warning and Reaffirm Accreditation
The ACCJC, at its January 8-10, 2014 meeting, acted to remove Warning and reaffirm accreditation for
Solano College. It used the same “substantially meets or exceeds” the requirements of the ACCJC as in
other letters. The letter notes that “Recommendations are directed toward strengthening the institution not
correcting situations where the institution fails to meet the Eligibility Requirements, Accreditation
Standards, and Commission policies.”
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The letter then goes on to state that “The Follow-Up Evaluation Team found evidence that Solano
Community College has partially addressed Recommendation 5 and 6 with the development and
integration of the Staff Diversity and Student Equity plans in to the College’s integrated planning cycle. It
has also developed a number of mechanisms and learning support systems so that students enrolled in
distance education courses are achieving stated learning outcomes at a level comparable with students
enrolled in onsite programs and courses. Nevertheless, both of the recommendations remain only
partially resolved because the College has yet to evaluate the effectiveness of the changes. The College
must demonstrate in its upcoming Midterm Report that these recommendations have been completely
addressed, the Standards fully met, and the processes and plans initiated have been sustained.”
“Solano College is scheduled to submit its Institutional Midterm Report in the fall 2014.” This is less than
one year from the receipt of the letter.
Woodland Community College - Continue on Warning
A letter dated February 7, 2014 from the ACCJC stated that “The Accrediting Commission for Community
and Junior Colleges, Western Association of Schools and Colleges, at its meeting January 8-10, 2014,
reviewed the Follow-Up Report submitted by Woodland Community College and the report of the
evaluation team that visited November 6, 2013. The Commission took action to continue Warning and
require the College to submit a Follow-Up Report by October 15, 2014. The report will be followed by a
visit of Commission representatives. The report should demonstrate full resolution of College
Recommendation 3 and District Recommendations 1, 2, 3, and 4 noted below.” It is important to
understand that there is one college requirement and four district requirements to be met. In accordance
with their new policy, colleges are being accredited based on district activity - activity that is far removed
from the education that students are receiving.
“Warning is issued when the Commission finds that an institution has pursued a course deviating from the
Commission's Eligibility Requirements, Accreditation Standards, or Commission policies to an extent that
gives concern to the Commission. The institution is expected to correct its deficiencies in a time specified
by the Commission. “The standard for Warning is “gives concern.” This is a very vague standard of
judgment.
Once again the Commission states, without any evidence, that “The Accreditation Standards, as an
integrated whole, represent indicators of academic quality and institutional effectiveness. Deficiencies in
any Standard will impact quality at an institution, and ultimately the educational environment and
experiences of students.” This is the basis of their argument that colleges should be closed for issues
unrelated to the academic quality of instruction - that everything is directly related to instructional
quality. This claim is untrue on its face and certainly needs some evidence to convince doubters like me.
So what are the Woodland Community College deficit in meeting Accreditation Standards that must be
met within two years or less or lose accreditation? By the way, in this case “Woodland Community
College must fully resolve the noted deficiency by October 2014” not within the allowed two years.
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“College Recommendation #3 (Distance Education): In order to fully meet the Standards, the College
should develop mechanisms that ensure participation in ongoing dialog about the continuous
improvement of student learning for distance education (DE) students. All DE courses and programs,
ongoing learning support, and services required by DE students, appropriate staffing levels, and
oversight through the college, resource allocation, and technology training should be regularly and
systematically assessed and that information should be used for continuous quality improvement.”
“District Recommendation 1: To meet the Standards, the teams recommend that the chancellor develop
and implement short term and long term data driven strategic plans. These should be developed in an
inclusive manner, be transparent, clearly communicated and inclusive of the planning at the colleges.” So
the “recommendation” of the team has become a demand of the Commission.
“District Recommendation 2: To meet the Standards, the teams recommend that the District, in
conjunction with the colleges, develop and implement a resource allocation model that is driven by
planning and student success. The model should be developed in an inclusive manner, be transparent and
clearly communicated and evaluated periodically for effectiveness in supporting the district's and
colleges' missions.“ It is certainly ironic that colleges are required to be transparent when the
Commission itself operates with very little transparency. For example, my requests for information
concerning ACCJC actions and policies have been summarily rejected with claims of confidentiality.
“District Recommendation 3: To meet the Standards, the teams recommend that the District provide the
following:
Delineation of its functional responsibilities;
Determination of whether current functions provided by the District offices should be centralized
or decentralized to better serve the needs of the students; and
Clarification of the district level process for decision-making and the role of the district in
college planning and decision-making.
The District should clearly identify district committees, perform a regular review of their work, conduct
review of the overall effectiveness of district services to the colleges, and widely disseminate the results of
those reviews.”
“District Recommendation 4: To meet the Standard, the teams recommend human resources planning be
integrated with institutional planning and the District and colleges should systematically assess the
effective use of human resources and use the results of the evaluation as a basis for improvement and
identify needed staff in faculty, classified and management positions. Further, the teams recommend the
systematic evaluation of all personnel at stated intervals with appropriate documentation. For all
employee groups, the District should also follow clearly defined appropriate written evaluative processes
that are in written terms.”
As is usual with the Commission, none of the college or district “problems” are related to the classes
that student’s take or the educational quality of the academic programs. In this respect, nothing
seems to have changed.
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College of the Sequoias – SHOW CAUSE to WARNING
“The Accrediting Commission for Community and Junior Colleges, Western Association of Schools and
Colleges, at its meeting January 8-10, 2014 reviewed the Show Cause Report submitted by College of the
Sequoias, the statement by college representatives, and the report of the evaluation team which visited
November 13 and 14, 2014. The purpose of this review was to determine whether College of the Sequoias
meets Eligibility Requirements and Accreditation Standards at a level sufficient to remain accredited,
and whether College of the Sequoias has made changes and improvements required by the Commission
action letter of February 11, 2013, which placed the College on Show Cause. The Commission also
reviewed the College of the Sequoias' Closure Report.”
The Visiting Team had eight members, only one of whom was a faculty member.
“The Commission found that College of the Sequoias has resolved many of the deficiencies that were
identified in the February 11, 1013 action letter but has important areas of non-compliance not yet
resolved. The Commission acted to remove Show Cause, issue Warning, and require the College to
submit a Follow-Up Report by October 15, 2014. The Report will be followed by a visit of Commission
representatives.” The college has less than one year to make the necessary adjustments.
“The Commission has found that the College of the Sequoias is still deficient in meeting the following
Accreditation Standards: I.B.3, III.D.1.a, III.D.1.d, III.D.4, and IV.B.2.b.” In order to fully meet or
comply with the standards, the team recommended improvements in the areas of Planning, Research
Capacity, and Evaluation of Processes. The letter notes that under Department of Education regulations,
College of the Sequoias must implement these recommendations by October 2014. The question is what
will happen if they fail to meet one or more of these requirements? Would the ACCJC terminate their
accreditation?
As in other letters to the colleges, the Commission calls on the college to make available to students and
the public the “College's Show Cause Report, the Show Cause Team Report, and this Commission action
letter.” The ACCJC is not held to the same standard with regard to Commission actions to approve
policies and the decision to reject CCSF’s review request.
Cuyamaca College - Reaffirm Accreditation
“The Commission took action to reaffirm accreditation with the requirement that the College complete a
Follow-Up Report that must be submitted by October 15, 2014, addressing recommendations 6, 7 and 8
noted below.
“The Report will be followed by a visit of Commission representatives. Reaffirmation with a Follow-Up
Report is granted when an institution is found to substantially meet or exceed the Eligibility
Requirements, Accreditation Standards, and Commission policies, but has recommendations on a small
number of issues of some urgency which, if not addressed immediately, may threaten the ability of the
institution to continue to meet the Eligibility Requirements, Accreditation Standards, and Commission
policies. The Report should demonstrate, and the visiting team will verify, that the institution has
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addressed the recommendation noted below, resolved the deficiencies, and now meets Accreditation
Standards.” This new language appears in many of the college letters. So even though the college was
granted accreditation, it still has not met all of the Standards and must resolve “deficiencies”. This appears
to be a change in ACCJC - allowing accreditation even though a college may not meet all requirements. I
guess this may be what is meant by “substantially meets.” I believe that if “substantially meets” means
“generally meets the requirements although some minor specific demands have not been met”, than
I think this is a good direction for the Commission to go in.
Again the letter makes the wild claim that “Deficiencies in any Standard will impact quality at an
institution, and ultimately the educational environment and experiences of students” without any evidence
supporting the claim.
“The Commission found Cuyamaca College deficient in meeting the following Accreditation Standard:
II.A.2.e, III.A.1.c, III.A.2, III.A.4.b, III.A.6, IV.B.3.c. Please note that under U.S. Department of Education
regulations, when an institution is out of compliance with any Standards, the Commission ‘must
immediately initiate adverse action against the institution or require the institution to take appropriate
action to bring itself into compliance with the agency's standards within a time period that must not
exceed...two years.’ Cuyamaca College and the Grossmont/Cuyamaca Community College District
should fully resolve the noted deficiencies by October 2015.” This means that they are given less than
one year to meet ACCJC’s desires. I assume that this is the equivalent of a SHOW CAUSE finding - if
not resolved then the college must be dis-accredited. How does this status comport with the idea of
achieving full accreditation?
The Recommendations to the college are:
“Recommendation 6: Curriculum Review. In order to meet the Standards, the team recommends that the
College implement an ongoing, systematic review process of course outlines to ensure currency and
relevancy for all disciplines.”
“Recommendation 7: Staffing Plans. In order to meet the Standards, the team recommends that the
College assess and analyze the level and diversity of its full-time faculty and staff. It further recommends
that the College use the results of that assessment to develop, adopt, fund, and implement long-range
staffing and resource allocation plans that will ensure a sufficient number of qualified, diverse, full-time
faculty and staff to foster the institution's mission and purposes, assure the integrity and quality of its
programs, and maintain services to students.”
The college and district recommendation are:
Recommendation 8: Human Resources. In order to meet the Standards, the team recommends that the
District and the College include, as a required component of the formal evaluations of faculty and
others directly responsible for student progress toward achieving stated student learning outcomes, a
means to evaluate effectiveness in producing those outcomes. As stated earlier in this paper - this in an
unlawful interference in collective bargaining.
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The letter also stated that some recommendations have also been made to improve institutional
effectiveness. The letter states that, in this regard, “Recommendations for improvement may be made to
highlight areas for continuing or expanding excellent practices. Recommendations for improvement may
also be made when an institution is currently in compliance with Standards, but additional levels of effort
should be demonstrated in the future. In the Commission's experience, these recommendations may
provide indicators of possible future noncompliance if left unattended by the institution. The College
should plan to fully address all improvement recommendations in the Midterm Report.” The question
concerning these recommendations is whether the college must follow these suggestions for
improvement in order to continue to satisfy the requirements for accreditation or whether next time
they are accredited they will be held to a higher standard? If the latter is true, then the Commission is
clearly in continued violation of lack of clarity between requirements and suggestions. It would also be in
violation of consistent sanction decisions. It appears that although some language has changed, the
ACCJC has not adequately responded to demands for change made by the U.S. Department of
Educations.
The college recommendations made by the Visiting Team “in order to improve effectiveness” include
that:
44.
the College clarify and strengthen the review, assessment, planning, and communication roles
between and among the planning and decision-making entities to better inform the college community
and align the governance decision-making structures with resource allocation decisions
45.
In order to improve effectiveness, the team recommends that student learning outcomes results
and student achievement performance for courses and programs offered in a distance education modality
be regularly and systematically assessed in the Program Review process
46.
the College disaggregate Student Learning Outcomes assessment results by instructional modality
to support institutional planning and provide evidence of student achievement of those outcomes
47.
In order to improve effectiveness, the team recommends that the College consistently ensure
student learning outcomes from the institution's officially approved course outlines are clearly identified
on each course syllabus, and are distinguished from course objectives
48.
In order to improve effectiveness, the team recommends that the College provide coordinated
planning and assessment of tutoring and learning support services to ensure adequate access to the
library, tutoring, and other learning support services, regardless of their location or means of delivery
49.
In order to increase effectiveness, the team recommends the District and the Governing Board
regularly evaluate its policies and practices, and revise them as necessary along established timelines
50.
Cuyamaca College conducted an educational quality and institutional effectiveness review as part
of its self-evaluation. The Commission suggests that the plans for improvement of the institution included
in its self-evaluation efforts be taken into account in the continuing improvement of the College
The letter concludes in the usual way noting that “The recommendations contained in the External
Evaluation Report represent the best advice of the peer evaluation team at the time of the visit, but may
not describe all that is necessary to come into compliance. Institutions are expected to take all action
necessary to comply with Eligibility Requirements, Accreditation Standards, and Commission policies.
The Commission wishes to remind you that while an institution may concur or disagree with any part of
the Report, Cuyamaca College is expected to use the External Evaluation Report to improve educational
programs and services and to resolve issues identified by the Commission.” In other words, do not mess
with the Commission.
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Grossmont College - Reaffirm Accreditation
As with its sister college (Cuyamaca College) accreditation was reaffirmed at the January 8-10, 2014
meeting of the Commission. Although the action was to affirm accreditation, never-the-less Grossmont
College was ordered to “complete a Follow-Up Report that must be submitted by October 15, 2014,
addressing all six recommendations noted below. The Report will be followed by a visit of Commission
representatives.” The language regarding “substantially meet” and “a small number of issues of some
urgency” are repeated as in other like letters. The letter also includes the unproven claim that a college
related issue with any standard is enough to impact the education of the students attending the
college.
The letter states that “The Report should demonstrate, and the visiting team will verify, that the institution
has addressed the recommendations noted below, resolved the deficiencies, and now meets Accreditation
Standards” - this after being adjudged to have met standards to the extent necessary to receive
accreditation without a sanction. What is the effective difference between a demand to “address the
recommendations” and to “resolve the deficiencies?” We are in very murky water here.
Cuesta College - Removed from Warning, Reaffirmed Accreditation
The ACCJC letter dated February 7, 2014 received by Cuesta College stated that Cuesta College had been
removed from Warning and was now in full compliance with accreditation demands. No further demands
are made except that “Cuesta College must demonstrate to the Commission at the time of the next
scheduled report that the recent changes implemented to resolve deficiencies and meet Standards have
been sustained. The College is scheduled to submit its Institutional Self Evaluation Report in the fall
2014.
Honolulu Community College – Removed from Warning, Accreditation Reaffirmed
The Commission took action at its January 8-10, 2014 meeting to “remove Warning, reaffirm
accreditation and require the College to submit a Follow-Up Report by October 15, 2014.” “The report
should demonstrate full resolution of the College Recommendations 2 and 6 and System
Recommendations 4 and 5.” “The Commission found Honolulu Community College deficient in meeting
35 different Accreditation Standards “from college and system recommendation” which must be resolved
by October 2014. In spite of all of this, the college’s accreditation was reaffirmed.
El Camino College - Removed from Warning
The El Camino College February 7, 2014 letter from the ACCJC stated that “El Camino College has
provided evidence and the team verified, that it has addressed College Recommendation 2 and now
meets the associated standards. The College has achieved the level of Proficiency as required in the
Rubric for Evaluating Institutional Effectiveness - Part III Student Leaning Outcomes and now
meets Standards II.A.1.b; II.A.2; II.A.2.a.2; II.A.6; and II.A.7.” I note that the Rubric mentioned
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above is not approved by the Commission and is not publically discussed before implemented. I also note
that the Visiting Team only had one member - a college president.
The letter declares that “El Camino College must demonstrate to the Commission at the time of the next
regularly scheduled visit that recent changes implemented to resolve deficiencies and meet Standards
have been sustained. El Camino College is scheduled to submit its Institutional Self Evaluation Report in
the fall 2014.”
The hamsters are never allowed off the treadmill.
January 2014 Revised Standards
In January of 2014 the ACCJC presented for First Reading a revised set of Accreditation Standards. The
document was not available to the public until well after the approval at First Reading. The Second and
final Reading will be approved at the June 2014 meeting of the Commission.
The standards continue to address a requirement for “continuous” evaluation, integration of planning, and
other item for improvement. The term “continuous improvement” is an overused phrase with little real
meaning. Anyone familiar with the phenomenon of improvement is aware that change is never
continuous. Change is often stop and go with plateaus along the way. It is also not always positive
particularly when funding is lacking. The idea of “continuous improvement” does not represent physical
reality.
Of course what “continuous” applications would mean is not laid out in the policy - it is left vague to be
interpreted later. But it is time to move away from vagueness. It is time for different language to be
introduced into the Standards. In fact, in some places the phrase "regularly" is used instead of
“continuously.” This is perhaps what is meant by the term "continuous" but "regularly" is still overly
broad. Perhaps approaching the issue in terms of how often a college should return to the same issues for
reevaluation is the proper path. At least with this approach, institutions will understand what is really
expected of them.
Another vague term used in the standards is the word “integrity.” When the word is used it should
include what would constitute “integrity” in that provision.
Most of the Accreditation Standards are vague and thus not very instructive. Until interpreted by
directions given to Visiting Teams and the Commission the standards themselves provide little in the way
of explanation of what is actually required. Not only are the standards of less use to institutions but the
vagueness of the language makes it difficult to discuss changes during the revision process.
Although all of the standards need to be addressed in terms of their actual application, some of the
standards present problems on their face. Here are a few that I believe should raise red flags:
“II.a.1. All instructional programs are offered in fields of study consistent with the institution’s mission,
are appropriate to higher education, and culminate in student attainment of identified programmatic
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student learning outcomes, and degrees, certificates, employment, or transfer to other higher education
programs.” The first question concerns how “appropriate to higher education” is determined. Depending
on how it is later interpreted, the resulting evaluation could depend on one narrow version of
appropriateness.
Attainment of “student learning outcomes” (SLOs) is not enough to determine whether the breadth of the
course knowledge has been acquired by a student leaving a class. They are not comprehensive enough.
Grades are better indicators of whether the required knowledge and skills have been attained. SLOs are
not robust enough to play the role suggested in this standard.
“II.A.5. If the institution offers pre-collegiate level curriculum, it distinguishes that curriculum from
college level curriculum and directly supports students in learning the knowledge and skills necessary to
succeed in college level curriculum.” Is this an attempt to change the California Master Plan? The
California Master Plan allows non-credit courses to be offered for their own value - not exclusively to
lead to success in college level work. This is a very serious problem if the goal of the ACCJC is to drive
out non-credit education that is based on the needs of the students who enroll.
“II.A.7. The institution schedules courses in a manner that allows students to complete certificate and
degree programs within a period of time consistent with established expectations in higher education.”
First, there is no “generally recognized” expectation of completion of programs in community colleges.
Given the up and down funding of community colleges, it is very difficult to schedule all of a college’s
classes in such a manner that all needs are met within some period of time. The other problem with this
Standard is that the period of time required is not spelled out but rather left without any direction to the
colleges as to what is actually being demanded.
“II.A.10 The institution awards course credit, degrees and certificates based on student attainment of
learning outcomes.” Again, SLOs are much too narrow to base the awarding of course credit and the rest
on. Learning outcomes, as defined in the procedures, are just not appropriate or up to the level of what a
student should achieve in a class.
“Standard III. Resources. The institution effectively uses its human, physical, technology, and financial
resources to achieve its mission and to improve academic quality and institutional effectiveness.
Accredited colleges in multi-college systems may be organized so that responsibility for resources,
allocation of resources and planning rests with the district/system. In such cases, the district/system is
evaluated against the Standards and its performance is reflected in the accredited status of the
institution(s).” What is the measure of “effective use” of resources? The move to evaluating colleges
based on district action needs to be looked at carefully. This is important for districts. Does the policy
mean that a “deficit” at a college is not considered as a problem for the college so long as the district has a
respectable reserve - or that somehow the district loses accreditation if does not provide for colleges with
necessary resources? Is a fail by the district office a fail for all of the colleges - independent of the
academic quality of the programs?
“III.A.7. The institution maintains a sufficient number of qualified faculty, both full-time and part-time,
to assure the fulfillment of faculty responsibilities essential to the quality of educational programs and
services to achieve institutional mission and purposes.” What is a “sufficient number” of full-time
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faculty? Will the ACCJC ever look at the college from the point of view that there are not enough fulltime faculty to provide for faculty chairs in each department or that there are not enough full-time faculty
to do the necessary work on curriculum? Or not enough full-time faculty to provide students with the
office hours they deserve?
“III.D.12. The institution plans for and allocates appropriate resources for the payment of liabilities and
future obligations, including Other Post-Employment Benefits (OPEB), compensated absences, and other
employee related obligations. The actuarial plan to determine Other Post-Employment Benefits (OPEB)
is current and prepared as required by appropriate accounting standards.” Will this mean that if the
district satisfies their legal reporting requirement, then they have satisfied the ACCJC standards? Or will
the ACCJC continue to attempt to force districts into putting funds aside to offset the accounting liability
(even when doing so is a waste of limited financial resources)? The liabilities are long range and change
dramatically over time. At what point should a college put money aside? In fact, some colleges have met
their obligations for over fifty years on a pay-as-you-go basis.
“III.D.13. On an annual basis, the institution assesses and allocates resources for the repayment of any
locally incurred debt instruments that can affect the financial condition of the institution.” “Can” is not
an appropriate measure. The measure needs to be much more compelling. The “allocates resources”
appears to mean that the district must put funds aside to address the actuarial liability? If so, that is
contrary to the California Community Colleges requirement.
“IV.C.2. The governing board acts as a collective entity. Once the board reaches a decision, all board
members act in support of the decision.” I have heard that this is a national requirement. If so, this must
be changed at the national level. If not true, ACCJC should remove this requirement as in contradicts the
basic rights of elected officials as demonstrated in governing boards, city councils, and the like all across
the country. As Kurt Vonnegut once wrote to a college president that was burning his books: “Have
somebody read the First Amendment to the United States Constitution out loud to you, you God damned
fool.”
“IV.C.13. The governing board delegates full responsibility and authority to the CEO to implement and
administer board policies without board interference and holds the CEO accountable for the operation
of the district/system or college, respectively.” What constitutes “full responsibility and authority?” Does
it mean that the governing board is forbidden to step in and tell the CEO to follow the faculty or staff
collective bargaining agreement or do something else that the board sees is not being done correctly?
Boards should be concerned with this provision. It strictly limits their ability to govern.
“IV.D.1. In multi-college districts or systems, the district/system CEO provides primary leadership in
setting and communicating expectations of educational excellence and integrity throughout the
district/system and assures support for the effective operation of the colleges. Working with the colleges,
the district/system CEO establishes clearly defined roles, authority and responsibility between the
colleges and the district/system.” Shouldn’t this be a basic responsibility of the governing board?
“IV.D.3. The district/system has a policy for allocation and reallocation of resources that are adequate to
support the effective operations and sustainability of the colleges and district/system. The district/system
CEO ensures effective control of expenditures.” What if one of the colleges is not receiving adequate
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funding? Does this mean that the college will be dinged because the district did not properly distribute
funding? How will this be decided? In addition, the distribution of funds should be a responsibility of the
governing board.
“IV.D.4. The CEO of the district or system delegates full responsibility and authority to the CEOs of the
colleges to implement and administer delegated district/system policies without interference and holds
College CEO's accountable for the operation of the colleges.” So now college presidents will not be
under the direction of the governing board or the district office? Is the governing board not supposed to be
watching what is happening on campus? Is a District Chancellor not allowed to tell a college president to
change what he or she has done? Are they not supposed to act when one of the college president’s is not
following board policy or violating collective bargaining agreements? This standard should cause
concern for governing boards.
The problem with all of the standards is that they are too vague. They are open to many
interpretations. Since the interpretations of the standards do not come until after the Commission approves
the standards, real input on the standards is difficult. Input from colleges and faculty and staff means little
if no input can be made with respect to how the standards will be interpreted - and they all need much
interpretation. Not only do that, but the interpretations of the standards not go through any public
process. As a result, the real meat of the issues is never open to full discussion. No wonder there is so
much discontent with the behavior of the ACCJC.
Hittelman Statement to the ACCJC on Standards Revision
On April 22, 2014 I submitted a list of suggested changes with the following summary to the ACCJC with
regard to their Standards:
The Standards are often too vague. Words and phrases such as “integrity,” “act responsibly,” “are
appropriate to higher education,” “established expectations,” “assure the effectiveness,” and “realistic
assessment” are not precise enough to allow judgments to be made. This allows for variations in
interpretation to be made by Visiting Teams and by the Commission itself.
The Standards should not contain arguments for the standard such as “In order to assure institutional
and academic integrity,” “in pursuit of continuous improvement,” “in order to assure institutional and
academic integrity,” and “supports student learning and achievement by providing.”
The Standards should not require institutions to violate state and federal regulations and policies. The
Standards should not intrude on collective bargaining law, the rights of elected governing board
members, and impose financial requirements beyond those required by the college system and law.
The Standards should not be impossible to fulfill such as “continuous” improvement. Improvement can
only physically occur sporadically.
Standards should not require institutions to improve beyond the level of satisfaction of the standard. Such
policy results in different institutions being held to different levels of success. It also results in a
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movement of the goal line and a different goal line for different colleges.
Feb. 7, 2014 ACCJC Threatens San Jose/Evergreen Community College
District Over SLOs
On February 7, 2014 Barbara Beno wrote that on January 8-10, 2014 the ACCJC reviewed the Midterm
Report submitted by San Jose City College and “took action to require” the college to complete a FollowUp Report by March 13, 2014. The Follow-Up “Report should demonstrate that San Jose City College is
in full compliance with Standard III.A.1.c.”
Standard III.A.1.c states that “Faculty and others directly responsible for student progress toward
achieving stated student learning outcomes have, as a component of their evaluation, effectiveness in
producing those learning outcomes.”
The letter went on to state that “Institutions are expected to meet Eligibility Requirements and
Accreditation Standards at all times during the six-year cycle.”
Not understanding precisely what was expected of the district, college administrators then consulted with
Jack Pond (ACCJC Vice President of Team Operations and Communication) in order to find out what
was actually required of the district. Subsequently, an administrative team from the San Jose/Evergreen
District met with Krista Johns (ACCJC Vice President for Policy and Research) on March 4, 2014 in
order to get further explanation of what was specifically required of the district by March 31, 2014 and
what would happen if Standard III.A.1.c was not fully met as evaluated by the ACCJC.
Johns told the administrators from the San Jose/Evergreen District that what was required could be found
by looking at what happened at College of Sequoias when they were given a SHOW CAUSE sanction. In
short, ACCJC Vice President Johns stated that the district must have a signed interim MOU between the
Faculty Union and the District by March 27, 2014 that has the following components:
An identified pilot program to begin in Fall 2014 and run through Spring 2017
Individual faculty members confirm participation in SLO assessment cycles by self-recording such
participation in a Faculty Evaluation page as an additional element of professional development
Classroom faculty include Student Learning Outcomes in class syllabi
Dr. Johns then stated that failure by San Jose/Evergreen Community College District to meet the above
“recommendation” shall result in the District being placed on SHOW CAUSE immediately following
March 31, 2014. Given the timetable outlined it appears that the SHOW CAUSE sanction would be
given without the input of a Visiting Team or an official vote by the Commission members.
This demand by Johns clearly constitutes interference in collective bargaining and outside the usual
ACCJC processes. Never-the-less, the Faculty Union (AFT Local 8157) and the District met to address its
current crisis created by the ACCJC and agreed on March 18, 2014 to a document spelling out an
agreement between the Union and the District.
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The document entitled “Student Learning Outcomes-Pilot Program” “represents a three-year pilot
program between the FA, AFT 8157 (Union) and the San Jose Evergreen Community College District
(District) regarding the recommendations of the Accrediting Commission for Community and Junior
Colleges (ACCJC) that Student Learning Outcomes (SLO'S) become a part of faculty evaluations. As the
District and Union are not currently involved in negotiations, this pilot program is not a contract
proposal.”
“The three-year pilot program is an interim measure designed for the limited purposes of addressing the
ACCJC's requirements until the issues addressed in the pilot program are negotiated between the District
and the Union.”
The parties agreed that the data derived from SLO assessments would not be used “to ever evaluate
faculty performance.”
The District and the Union agree that the pilot program would be in effect from “Fall 2014 through
Spring 2017 to coincide with the faculty evaluation cycle.”
The District and Union agreed that “the following language shall be included in the Pilot Program: SelfEvaluation:
For all regular contract faculty, tenure-track and tenured members, the faculty member shall include in
their self-evaluation information on their participation of SLO assessment; and
For classroom faculty inclusion of SLOs on the faculty member's course syllabi.”
“Current contract language identifies self-evaluation as one of the required components of the evaluation
process articulated in Articles 20 and 22.”
Is this now going to be standard procedure - follow-up sanctions threatened without the advice of a
Visiting Team or a vote by the Commission?
How much will the Commission demand beyond the above demands when threatening sanctions that
either require contract negotiations with the exclusive bargaining agent or require the local academic
senate to change its policies and agreements with the district?
Is this latest action a clear sign of a slippery slope in which faculty begin to gradually lose what power
they currently hold? The California Federation of Teachers has said that they will continue to fight back
against ACCJC abuses.
On April 12, 2014, the California Community College Academic Senate approved
the following resolution:
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“2.01 S14
Modify Title 5 To Indicate that California Community Colleges Shall Be Accredited By
A Federally Recognized Accrediting Agency
Whereas, California Code of Regulations, Title 5 §51016 currently requires that, ‘Each community
college within a district shall be an accredited institution. The Accrediting Commission for Community
and Junior Colleges will determine accreditation’;
Whereas, A basic criterion for participation in federal financial aid programs is that colleges are
accredited by a nationally recognized accrediting agency, not one specific agency;
Whereas, Naming a specific accrediting agency in Title 5 is problematic because agencies may change
their names, merge with other entities, or cease to be recognized, any one of such circumstances
requiring a corresponding change to Title 5; and
Whereas, Naming a specific accrediting agency in Title 5 reduces the options California community
colleges have to affiliate with an accrediting agency that fits their mission and circumstances3;
Resolved, That the Academic Senate for California Community Colleges work with the appropriate bodies
to remove references to one specific accrediting agency in Title 5 and to replace the language with a
neutral statement that California community colleges shall be accredited by a regional federallyrecognized agency.”
If the above recommendation were enacted, ACCJC would no longer have a monopoly on accrediting
California community colleges. There is already a bill in the Legislature that would make this change.
The next day, ACCJC Commissioners Amador, Gornick, and Kinsella authored a diatribe against City
College of San Francisco and suggested that CCSF seek new accreditation through “candidacy” status. Up
to this point only college centers have been able to seek accreditation as colleges through this procedure.
Of course as centers they were already accredited through their districts and their students got credit and
the centers were funded. The above commissioners innocently suggested in their statement published on
the ACCJC website that if CCSF went through this process “A candidate college is eligible for federal
financial aid and state funding; its students' course credits are generally transferrable, and its degrees or
certificates are recognized, as long as the college is eventually successful in obtaining accreditation
after a period of candidacy. “
Two things should be noted with respect to the signed statement:
1. It came one day after the Academic Senate voted in a near unanimous vote to request that colleges be
allowed to opt out of ACCJC jurisdiction; and
2. The level of venom against CCSF illustrated in the statement.
Clearly at this point in history the ACCJC leadership feels threatened by the rising tide against its
activities. It is also clear that the leadership of the ACCJC has no interest in sending a Visiting Team out
to see what shape CCSF is currently in (in spite of the poor leadership and decision-making of the
appointed Special Trustee who is running the district).
The Terrible Three’s description of the removal of CCSF’s accreditation differs somewhat from the facts
of the situation. They state that “During its 2012 evaluation by the Accrediting Commission for
Community and Junior Colleges (ACCJC), City College was found to be in terrible condition; evaluators
noted scores of deficiencies that needed fixing by the college. Problems included deficient student
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services, outdated instruction guides, antiquated computer systems, and lack of fiscal controls.” Note that
there is nothing heard addressing the quality of the education provided to students.
“The college was in a precarious financial position -- laden with $4.6 million in unpaid student fees
dating back 10 years, a payroll system that allowed access to 125 people, and a self-insured workers
compensation fund that had a $4 million negative balance. Additionally, many internal control
weaknesses resulted in overpayments and underpayments of staff salary, employees receiving unverified
health and other benefits as well as underreporting of vacation time taken.
While CCSF continued to construct new buildings, many students attended classes in old buildings that
were deteriorating due to deferred maintenance. There were also insufficient student resources for library
and learning support.” Note that there is no mention of the sources of funding for new buildings as
opposed to ongoing maintenance. Again no mention of the quality of education - only the effects of the
funding crisis of the community colleges over the preceding years. No fraud was found.
“The independent evaluators found that these and other problems occurred and persisted because CCSF
had one of the worst organizational structures among the California community colleges, with decisions
often made by committees that were not accountable to anyone, rather than by faculty or administrators
responsible for their actions. These deficiencies are cheating students of the education they need and
wasting millions of taxpayer dollar.” In fact what bothered the Commission was that there were not
enough administrators, faculty and staff had too much power, part-time faculty were treated too well, and
too much was being spent on employee compensation. They also did not like the idea that CCSF was
continuing to follow the California Master Plan rather than just address transfer and degree students. The
college had not lived up to “the new realities.”
“A year later, after having warned and advised the college to make significant improvements while still
accredited, the Commission found that very little had been done. The college was still out of compliance
with more than 50 accreditation standards. Only two of the 14 recommendations for improvement
provided to the college in 2012 had been completed. The college's substandard structure and lack of
progress left the Commission no choice but to terminate accreditation.” First the college was given less
than a year to improve. The Department of Education found that the ACCJC did not make clear which
recommendations were required to be addressed as a part of a two-year rule, and which were just
suggestions to improve the college operations. In any case, the Visiting Team did not propose that the
college’s accreditation be yanked and the Commission added new accreditation standards to the list that
the Visiting Team had found. By the Commission’s own rules, they should have given the college until
January of 2014 to address the claims. Instead they proceeded to act in violation of their own procedures.
The paper goes on: “A team of expert peer evaluators (experienced faculty members and college
administrators) assesses the school's academics, finances, facilities, technology, and governance. The
Commission does not take over, or close, a failing college. Instead, like an auditor, it points out
deficiencies and recommends improvements to help a college remain open. Each college determines its
own future.” In fact the Department of Education has faulted the Commission for not having a sufficient
number of faculty on their teams and will take away ACCJC’s right to accredit colleges if it does not
change the practice of administrator dominated teams handpicked by the Commission.
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The authors claim that “While some plead that City College simply be given more time to fix its problems,
this is not up to the Commission. Congress and the Department of Education have specified that an
accrediting body allow no more than two years for a substandard college to come into compliance or lose
its accreditation. The "two-year rule" is designed to protect students and taxpayers. In fact, the
Department of Education has put all accreditors on notice that they could lose their federal recognition if
they do not apply the two-year rule. Without federal recognition of the Commission as an accrediting
body, every community college in California could lose access to taxpayer dollars -- federal financial aid
for students. Any change to the two-year rule requires Congress to enact a new law.”
The fact is that because of the vagueness of Commission direction, the two-year rule was not in effect
because of the failure to make clear what items fell under the two-year rule. It is also true that the
Commission is allowed to extend the time under exceptional conditions. Only the ACCJC among all of
the regional accreditors has handled the two-year rule in the manner of the ACCJC.
The letter claims that “Since last summer, critical leadership changes have occurred at City College, and
the school is beginning to turn things around. However, by their own testimony, City College
representatives estimate that it requires up to four years to fully recover.” This statement illustrates the
failure of the Special Trustee to defend the college. Many see him as just a tool of the Commission itself
and the State Chancellor (a former Commissioner).
And thus the “CCSF could seek accreditation anew by applying for ‘candidacy’ status” statement heard
for the first time.
There are still two active lawsuits seeking to overthrow the ACCJC ruling on CCSF and an internal
process appeal that the college leaders have now stated that they will pursue with new vigor. As of this
date, CCSF is still alive but losing students each semester as the ACCJC continues to attempt to slow the
legal processes. There is no evidence that the ACCJC will send out another Visiting Team and re-look at
their decision as suggested that they would do by State Chancellor Brice Harris if the college constituents
put in the effort to improve.
April 14, 2014 Letter from CCSF Chancellor Tyler to the College Community
In reply to the April 12, 2014 posting on the ACCJC website by the Terrible Three, CCSF Chancellor
Tyler noted that the suggestion that the college “apply for ‘candidacy status’ as a mechanism for
addressing our current accreditation process. Candidacy would require us to withdraw our current
accreditation.” He went out to write that “Let me be clear: we are not considering withdrawing our
accreditation. To do so would severely harm our current and future students as we as undermine our
current enrollment efforts.”
Tyler summarized that the “we have submitted an appeal to the ACCJC and feel we have a very
compelling case for retaining our accreditation. We have an outstanding internal team coordinating this
process, including outside counsel with expertise in academic appellate matters. We will take advantage
of all of the steps available to an institution such as ours to retain accreditation. We are working
diligently and tirelessly to pursue a favorable outcome.”
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It now appears that the college leadership is finally taking the ACCJC head on. Perhaps this will also
actually mean that “I will continue to do everything possible to keep you fully informed of our
efforts.”
He closed by thanking people for “everything you do, every day, to make this a special place that touches
so many lives” and reminded everyone that CCSF is accredited, open, and enrolling Summer and Fall
students.
Errors seen in commissioners' opinion piece on CCSF funding
On April 21, 2014 the San Francisco Chronicle printed an article by Chronicle writer Nanette Asimov
which pointed out the errors in the April 12 open piece by ACCJC Commissioners Amador and Kinsella.
She began her article by writing that “The heads of a commission preparing to revoke accreditation from
City College of San Francisco were wrong when they recently said the college could receive state funds and thus stay open - even after losing its seal of approval, state officials said.”
Asimov noted that when Kinsella and Amador encouraged CCSF to “become a candidate for new
accreditation and suggesting that life at the college could continue as usual” – that their claims “are
contradicted by law, and are therefore wrong or misleading.” She also quoted representatives from the
California Community Colleges that contrary to a claim by the Commissioners, a college under the plan
outlined by the two cannot receive state funding. Without state funding the college would have to close.
When questioned by Asimov concerning the “discrepancies” in their op-ed, “Amador's spokeswoman sent
a statement acknowledging that ‘special state legislation might be needed’ for an unaccredited City
College to get any money” – a detail that Amador somehow left out of her article.
Asimov continued: “Another claim by the accreditors - that an unaccredited college can offer federal
financial aid to its students - is also wrong, U.S. Department of Education officials said, speaking on
background. They cited federal regulations saying it takes two years for a college that has lost
accreditation to become eligible to offer such aid. The piece by Amador and Kinsella did not mention the
two-year gap.”
Amador stated that "If the college is on track with its improvements, City College could reapply for
accreditation as early as 2016," and degrees would be valid.”
“State college officials said the idea that students would even attend an unaccredited college is
unrealistic. ‘Would you send your kid to a college that's not accredited?’ said one state college official
who declined to publicly criticize the commissioners.”
Asimov continued by pointing at that “At the same time, state Colleges Chancellor Brice Harris and San
Francisco Mayor Ed Lee have asked the commission to grant them more time to fix the college. In their
piece, Amador and Kinsella said federal law prohibits them from extending the deadline. On Monday,
however, federal education officials cited regulations that authorize accrediting agencies to extend such
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deadlines in ‘good faith.’ “
Commission member Kinsella repeated the distortions mentioned above at the legislative hearings on the
Bonta bill. It appears that the exposure of untruths and half-truths does not stop Commission members
from repeating them.
For the first time Chancellor Harris finally admitted to the value of the lawsuits filed. He was quoted as
saying that the "lawsuit has bought time for the college, and time is what it needs at this point."
April 18, 2014 Chief Executive Officers to ACCJC
On April 18, 2014 Helen Benjamin, Ph. D., the President of the Chief Executive Officers of the California
Community Colleges, wrote to the ACCJC with respect to their discussion of “the precarious status of
City College of San Francisco (CCSF) in light of four recent events: (1) the April 13th Op-Ed in the San
Francisco Chronicle by Commission members suggesting that CCSF ‘seek accreditation anew by
applying for ‘candidacy status’; (2) the recognition that CCSF would lose its apportionment if it moved
into candidacy status; (3) the receipt of invoices by ACCJC member institutions in the last week
indicating a 5% special assessment for legal fees; and, (4) two pending pieces of legislation proposing to
allow California's community colleges to seek accreditation from alternative national accrediting
bodies.”
She noted that “we share grave concern for the educational future of the more than 70,000 students and
community members affected by the status of CCSF, as well as for our existing system of regional peerreviewed accreditation” and that “the lesson from Compton Community College teaches us that we must
raise our voice when a college's accreditation is in imminent jeopardy and an alternative path is
available.”
President Benjamin went on to “request that you use your discretion to extend the accreditation
termination date for City College of San Francisco by two years, and continue the college on Show
Cause during that time.” She noted that the Commission is allowed to extend the date according to federal
regulations and that “As representatives of a majority of ACCJC's member institutions, we believe there
is more than ample cause for ACCJC to extend the period for achieving compliance for the benefit of
both the students and community served by CCSF, as well as for all ACCJC member institutions. We
note two significant institutional reasons to grant CCSF additional time - progress and impact of
closure.”
President Benjamin made note of the progress that CCSF has made toward “addressing academic,
financial and governance concerns.” She noted that not only does this progress allow for the ACCJC to
find “good cause” but also that “there is no manner by which CCSF can redirect the more than 70,000
remaining students to other higher education options in the Bay Area.”
Benjamin continued: “On or around April 14, ACCJC member colleges received a dues invoice from
ACCJC that included a 5% surcharge, which appears to have averaged around $1,000 per college. This
surcharge is to pay the legal costs incurred by ACCJC to date relating to CCSF. From the information
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provided, it appears this is to pay for costs already accrued and not for the significant future costs if one or
more legal cases go to trial.”
“As the ‘funders’ of ACCJC's legal defense bills, we believe it is critical to exhaust every non-courtroom
remedy to minimize our financial exposure as well as any negative impact on students throughout the
state.”
In short: “Allowing CCSF to complete its significant turnaround benefits the students and community
served by the college, the ACCJC, and every institutional member of ACCJC. This is sufficient for ACCJC
to find ‘good cause’ pursuant to the federal regulations.”
Scott Lay from the CCLC then followed up with the following on April 25, 2014:
“To: Chief Executive Officers
This morning, Helen Benjamin, president of the Chief Executive Officers of the California Community
Colleges, sent the following letter to members of the Accrediting Commission for Community and Junior
Colleges. The CEOCCC board encourages similar letters from individual CEOs as our institutions
compose the substantial majority of the ACCJC's membership and believes that an expeditious
resolution to this matter is necessary.”
Legislative Bills as of May 11, 2014
As of May 12, 2014 there were a number of bills in the California Legislature related to ACCJC. They
include AB 2087 by Ammiano, AB 1942 by Bonta, SB 1068 by Beall, and SB 965 Leno. SB 965 and SB
1068 Beall did not get out of the Senate Appropriations Committee on May 23, 2014. SB 965 may
become part of the budget when it is approved. AB 2087 was sent to the Senate Education Committee on
May 22, 2014. AB 1942 was sent to the Assembly floor on May 23, 2014.
The full language of the bills can be found at www.accreditationwatch.com.
AB 2087 was heavily amended on April 24. After amendments were made all that was left was a
requirement that the Board of Governors regulations “pursuant to which the board may appoint a special
trustee to manage a community college district provide specific benchmarks to indicate the presence of
local capacity to resume management of the community college district and clear standards that provide
for meaningful consultation by a special trustee with the community college district prior to
decisionmaking.” The language of the bill, in part, reads:
“The regulations pursuant to which the board of governors may appoint a special trustee to manage the
community college district shall include specific benchmarks to indicate the presence of local capacity to
resume management of the community college district and clear standards that provide for
meaningful consultation by a special trustee with the community college district prior to
decisionmaking.” And “The board of governors shall report to the chairs of the educational policy and
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fiscal committees of both houses of the Legislature, the Director of Finance, and the Governor any
corrective action taken by the district and any action taken against the district pursuant to paragraph
(3).”
AB 1942 was amended on May 6, 2014. The bill would “require the board of Governors, in determining
whether a community college district satisfies those minimum conditions, to review the accreditation
status of the community colleges within that district. This bill would require the board to establish a task
force to review the appropriateness of allowing a community college district to receive state aid, on a
limited basis, for a community college within the district that is unaccredited and seeking accreditation. If
the task force determines that state aid to be appropriate, this bill would require the task force to
recommend conditions for receipt of the state aid, and would require the Chancellor of the California
Community Colleges to report on the task force’s findings to the Legislature on or before March 31,
2015.”
The bill would also “require a contract with the accrediting agency of the community colleges to
comply with various requirements, and to require the accrediting agency to report to the appropriate
subcommittees of the Legislature upon the agency's issuance of a decision that affects the accreditation
status of a community college and, on a biannual basis, any accreditation policy changes that affect the
accreditation process or status for a community college.
In particular, the bill language includes:
72208.(a) After January 1, 2015, any agreement with the accrediting agency for the community colleges,
as designated by law, shall require the accrediting agency to do all of the following:
(1) Establish standards that are relevant and material to the standards required pursuant to
federal law, relevant and material to the quality of education of a community college, widely accepted by
educators, educational institutions, licensing bodies, practitioners, and employers in the profession or
vocational fields for which the community college prepares students, and in compliance with applicable
state laws and policies.
(2) In evaluating a community college, the accrediting agency shall employ an evaluation team
that satisfy both of the following requirements:
(A) The evaluation team's membership should proportionately reflect the shared
governance structure of community colleges by including faculty, classified employees, and
administrative employees of the community colleges.
(B) The team shall be independent of the accrediting agency and the community college
being evaluated, and the accrediting agency shall establish and ensure compliance with a defined conflict
of interest policy.
(3) In assessing whether to impose a sanction of show cause or revocation, the accrediting
agency shall consider all of the following:
(A) The length of time the community college has not been in substantial compliance with
the minimum conditions after notification by the accrediting agency.
(B) The seriousness of the deficiencies with respect to their impact on the quality of
education at the community college.
(C) If the accrediting agency intends to impose a sanction more severe than the
recommendation of the evaluation team, or finds a deficiency not noted in the evaluation team's report,
the hearing on the imposition of that proposed sanction shall be adjourned to afford the community
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college and the public sufficient time to respond orally and in writing to the accrediting agency before it
reaches a final decision.
(4) Allow an institution proposed for a sanction of show cause or revocation by the accrediting
agency to file an appeal to be heard by an arbitrator or hearing officer mutually agreed upon by the
community college and the accrediting agency. The parties shall have the right to present and rebut
relevant evidence, to call and examine witnesses, and to present a written argument at the close of the
hearing. The accrediting agency shall bear the burden of persuading the trier of facts by clear and
convincing evidence that the sanction is reasonable and warranted.
(5) The accrediting agency shall provide for public hearings in matters regarding a California
community college, including providing adequate public notice of the hearing and opportunity for public
participation or comment prior to accreditation decisions. Accrediting agency deliberations regarding
accreditation decisions may occur in a closed session meeting following public participation or comment.
The accrediting agency shall announce the accreditation decision to the public.
(b)
(1) An agreement pursuant to subdivision (a) shall require the accrediting agency to report to the
appropriate policy and budget subcommittees of the Legislature upon the issuance of a decision that
affects the accreditation status of a community college and, on a biannual basis, any accreditation policy
changes that affect the accreditation process or status for a community college.
(2) The Office of the Chancellor of the California Community Colleges shall ensure that the
appropriate policy and budget subcommittees of the Legislature are provided the information required in
paragraph (1).
(c) For purposes of this section, a sanction of "show cause" occurs if the accrediting agency finds a
community college to be in substantial noncompliance with its eligibility requirements, accreditation
standards, or policies, or if the community college has not responded to the conditions imposed by the
accrediting agency.
SB 1068 as amended on May 7, 2014 “would require the board of governors, on or before January 1,
2016, to report to the Legislature (1) the feasibility of creating an independent accrediting agency to
accredit the California Community Colleges and 2-year private postsecondary educational institutions for
purposes of the federal Higher Education Act of 1965 and state-authorized financial aid, (2) based on a
thorough examination of community college accreditation nationwide, a recommendation of whether the
state would be best served by using a specified accrediting agency for all California public postsecondary
educational institutions, and (3) the potential for using multiple accrediting agencies to ensure that the
California Community Colleges are of the highest quality, as provided.”
SB 965 was amended on May 1, 2014. It would “for the 2014-15 fiscal year-to and the 2017 18 2015-16
fiscal year, inclusive, would require the board of governors to provide the San Francisco Community
College District with revenues, as specified, if, on the effective date of this bill, the board of governors
finds that the community college district or a campus of the community college district-was is in
imminent jeopardy of losing its accreditation, the board of governors has exercised its authority pursuant
to specified provisions, and the institution is in compliance with a regulation requiring it to be accredited
by a specified agency. The bill would require the board of governors to additionally provide the San
Francisco Community College District with revenues for the 2016-17 fiscal year under the same
conditions applicable to the 2014-15 and 2015-16 fiscal years, but only if the Fiscal Crisis Management
Assistance Team makes a finding no sooner than April 1, 2016, that the San Francisco Community
College District is meeting or exceeding specified fiscal benchmarks.”
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“The bill would require the Chancellor of the City College of San Francisco to submit a report containing
specified information to the appropriate policy and fiscal committees of the Legislature, the Office of the
Governor, the Legislative Analyst's Office, and the Department of Finance on or before April 15, 2015,
and to submit updates to this report as specified. Because this provision would impose new duties on the
San Francisco Community College District, it would constitute a state-mandated local program.”
The bill would also make legislative findings regarding the need for a special statute for CCSF. The bill
would take effect on passage and signature of the governor in order to take effect immediately.
May 20, 2014 letter from BOG to ACCJC - the Smoking Gun?
On May 20, 2014 Manual Baca, Chair of the California Community College Board of Governors (BOG),
wrote a revealing letter to Dr. Sherrill Amador, Chair of The Accrediting Commission for Community
and Junior Colleges (ACCJC). The letter is interesting in that it not only asks that ACCJC remove the
termination of City College of San Francisco (CCSF) but also that it reveals that the ACCJC and the BOG
were working in cooperation on the sanction against CCSF. Many observers believed that some deal had
been worked out between the BOG and the ACCJC but only circumstantial evidence was available.
Events had also led followers to believe that the agreement between the ACCJC and the BOG had been
broken by the ACCJC.
Here is what Baca wrote:
“Dear Dr. Amador:
I am writing today on behalf of the Board of Governors (BOG) to respectfully request that the Accrediting
Commission for Community and Junior Colleges (ACCJC) rescind their termination of accreditation of
City College of San Francisco. We make this request based on our belief that the college is now in
substantial compliance with the accreditation standards, and we encourage the Commission to send a
visiting team to the college to document that progress.”
“You will recall that the BOG originally placed a special trustee in the college in November of 2012, and
elevated that trustee to replace the elected board in July of last year. We took both these actions in
consultation with ACCJC and in support of the Commission's growing concerns about the college. At the
time we intervened to elevate the trustee and remove the authority of the locally elected board, we did so
with the strong encouragement of ACCJC and with the Commission's assurances that there was a
pathway to restoration of the accreditation of the college. The BOG certainly knew that dramatic and
substantial changes were needed in the college, but we would never have undertaken the job if there
were no chance of fully restoring accreditation.”
Baca then went on to describe the “progress” in financial and other areas that had been made at CCSF:
“College and Chancellor's Office staff, under the direction of the BOG, are now ten months into the
recovery process and tremendous progress has been made. The college's finances are sound and
sustainable, student learning outcomes are in place for all courses, the management team is completely
new and there are no longer interim leaders, collective bargaining agreements have been reached with
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all unions, program planning and evaluation is operational, and enrollment is stabilizing. During the past
year the college has also improved the governance of the institution, taken control of the various costs
related to its centers, and enhanced its outreach and support in the community. Most recently, the climate
in the college has become much more positive and some of the public controversy that marked the early
part of our involvement has subsided. Frankly, the amount of improvement in the institution in less than
one year is remarkable.”
Baca continued with his view of what more needed to be done “There are still changes the college must
complete. The time necessary for a full cycle of planning, implementation, evaluation and revision will
take several more months. The finalization of the management and governance changes needs to be
completed and the institution will ultimately be turned back to a renewed locally elected Board of
Trustees.”
Baca notes his belief that the action of the ACCJC was a “catalyst” for the changes and the desired results
have occurred. And thus “it is now time for the college to be removed from the threat of loss of
accreditation so that it can complete the restoration process.” In short, the reign of terror imposed on
CCSF had been successful in changing the college to one that was more acceptable based on the values of
the ACCJC.
Finally Baca notes that the ACCJC has stated that it cannot reverse its decision due to fears concerning
possible actions by the US Department of Education (USDOE). This claim by ACCJC that it cannot
reverse course is clearly false by evidence of, as Baca notes, “and in our direct conversations with the
USDOE they continue to suggest that the Commission has the power to make this decision without it
negatively impacting their relationship with the department.”
In a letter from the USDOE to the Honorable Nancy Pelosi dated May 19, 2014, Lynn B. Mahafie (Senior
Director, Policy Coordination, Development and Accreditation Service) stated that “the ACCJC has the
authority to reconsider or rescind its termination decision so as to provide the institution with additional
time to come into compliance within the two-year time frame, if such period has not run out, or to provide
an extension for good cause. While the Department cannot comment on specific actions an accrediting
agency may or may not take in the future, in general, an agency may, as permitted by its established
policies and procedures, correct any errors it has made, respond to an improvement in institutional
performance, and adopt or change its policies with regard to its oversight of the institutions it
accredits.”
The Los Angeles Times on May 20, 2014 reported a statement by Pelosi that “For the ACCJC to refuse to
allow good-cause extension - even after this clarification from the Department of Education, even after
all the monumental progress City College has made - would be destructive, irresponsible, and could be
viewed as a political act.”
May 27, 2014 Rejection of Reconsideration of CCSF Sanction
On May 27, 2014 the ACCJC Terrible Three (President Beno, Chair Amador, and Vice Chair Kinsella)
wrote a letter to Congresswoman Pelosi and posted a statement on the ACCJC website that made clear
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that the ACCJC would not rescind its decision to revoke the accreditation of the City College of San
Francisco (CCSF). The public statement began by addressing what the Three labeled “Significant
controversy—and misunderstanding—has characterized much of the media coverage of this decision.
Although ACCJC typically does not release information of the kind contained in this statement, we believe
it is vital to set the record straight with our member institutions.” Clearly the Three were on the defensive
due to the overwhelming outcries against their action by the press, state and national legislators,
community college chancellor’s, and faculty groups.
The Three went on to describe, from their point of view, their action with regard to CCSF. Their
description, as is usual in such dispatches from the ACCJC, self-promoting, misleading and inaccurate.
They lay out how an accreditation agency should work - “we work every day to provide assurance to the
public that the colleges we accredit meet our standards; that the education students receive at these
colleges is valuable to them; and that employers and other workforce entities can justifiably rely on
students' credentials from these colleges as meaningful. In short, accreditation reflects a process designed
to assure college quality and accountability for students and for taxpayers that support accredited
institutions.” This is not a description of how ACCJC works. Their standards and the way they are applied
tell nothing about the education that the students actually receive. They do say a lot concerning what
ACCJC considers education to be.
They go on to claim that “ACCJC's standards, against which CCSF and all California community
colleges are reviewed, are the product of a public and open process. Community college educators and
experts develop the standards, informed by the effective practices of member institutions. Colleges are
reviewed against these standards by trained teams of academics and administrators and by the 19 ACCJC
Commissioners who are elected by ACCJC-member college leaders and who represent the interests of the
public and of member institutions.” This contradicts the secret and closed processes that ACCJC uses to
develop and approve its standards. There is no open forum for discussion of various suggestions made by
those in the field and they are voted on in secret. They also fail to note that many of the sanctions imposed
by the Commission are not in agreement with those recommended by the teams that visit the colleges.
CCSF is one example where the Commission issued a SHOW CAUSE against the recommendation of the
visiting team.
The Terrible Three go on to list actions by ACCJC prior to the decision to issue a SHOW CAUSE but do
not disclose that the SHOW CAUSE was their first sanction against CCSF. They do not disclose that the
U.S. Department of Education faulted the ACCJC for not distinguishing between a suggested change and
a required change. This was one of the issues with regard to CCSF - with no prior sanction there could not
have been a prior demand to change as the ACCJC continues to contend. Despite the ruling by the U.S.
Department of Education, the Three still contend that “Despite its nearly decade-long awareness of these
issues, CCSF failed to comply with multiple eligibility requirements and over 50 compliance standards
related to academic quality and resources, financial stability, and coherent governance of an institution.”
It is clear that none of these so-called “compliance standards related to academic quality and resources”
have affected the quality of education at CCSF. CCSF has consistently been one of the best performing
community colleges in California based on the Student Success Scorecard. This may be one of the reasons
why CCSF has become such a target of the Terrible Three - that they show that the nit-picking standards
of the ACCJC do not predict academic quality of instruction.
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The Terrible Three go on to claim “Consistent with federal law and ACCJC's published policies, which
are binding on the Commission, ACCJC was obligated to withdraw CCSF's accreditation. Beno, et. al.
continued to suggest that
“ACCJC has suggested exploration of an arrangement whereby CCSF could revert to candidacy status.
That would hold CCSF accountable for its deficiencies by recognizing that CCSF does not fully comply
with accreditation standards. At the same time, it would enable the college to continue to work toward full
compliance while its students remain eligible to access federal student financial aid. CCSF leadership to
date has not expressed an interest in pursuing this option.” This option had already been rejected by the
appointed leadership at CCSF.
In the letter to Pelosi, Beno and the others make the same claim. Pelosi, Congresswoman Jackie Speier
and Congresswoman Anna Eshoo then released a statement in response to the “continuing refusal to
acknowledge the ability to extend City College of San Francisco (CCSF) a good-cause extension of
accreditation, even after an official statement from the U.S. Department of Education confirmed the
ACCJC's legal flexibility to do so.”
Pelosi, Speier, and Eshoo went on to state that "It is outrageous that the ACCJC continues with its
incorrect interpretation of Department of Education policy, even in the face of a clear, unambiguous
statement from the Department that clearly confirms that the ACCJC has the legal flexibility to offer a
good-cause extension.”
"As the Department stated, '...ACCJC has the authority to reconsider or rescind its termination decision
so as to provide the institution with additional time to come into compliance within the two year time
frame, if such time has not run out, or to provide an extension for good cause.' Yet the ACCJC believes
that it knows the Department of Education's regulations better than the Department of Education itself and refuses to provide City College the good cause extension it has earned.”
The Press release concluded with "ACCJC's faulty reliance on outdated analysis of the health of City
College, and its pursuit of an unworkable policy that ends state and federal funding to CCSF and puts the
students and faculty in academic limbo is professionally crippling and destructive. The commission's
letter raises serious questions about its ability to properly execute the law and make informed decisions
based in ensuring high-quality institutions of learning that benefit our students, our community and our
state. Should this failure of leadership persist, new leadership is needed at ACCJC. The Department of
Education should also consider whether to recertify ACCJC as an accrediting body."
The statement by Beno, Amador, and Kinsella also laid out what they considered “CCSF's Undisputed,
Long-standing Noncompliance with Accreditation Standards Reflects Systemic Problems in Academic
Quality, Financial Management, and Leadership.” I am not sure what they mean by “undisputed.” Several
lawsuits, legislative concerns and proposed legislation, as well as numerous complaints against the action
by the ACCJC (including this paper’s documentation of their wrongdoing) have been lodged. 100
individuals and groups wrote to the U.S. Department of Education opposing the ability of ACCJC to
continue to accredit colleges. This is hardly “undisputed” noncompliance.
In any case, how serious are the charges from ACCJC? The statement by Beno, Amador, and Kinsella list
“a small subset of significant evidence leading to the withdrawal decision of ACCJC.” They claim that
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“CCSF's claims of academic excellence were contradicted by the school's failure to track the progress of
the vast majority of its students and to provide student support services required by accreditation
standards. CCSF had not monitored and collected data on the vast majority of its students to know
whether they were on track and completing their programs of study on time.” This has nothing to do with
academic excellence. It is bookkeeping - not a measure of the quality of education.
“CCSF also had failed to identify intended learning outcomes for its courses and programs and lacked
student assessments to evaluate what students learn. Only a fraction of programs had completed
assessments and improvement processes based on the assessments. And student support services —
including those related to information technology, libraries, and counseling — were demonstrably
inadequate, with some campuses offering full programs of study with no library or resource facility at all,
and sparse onsite academic counseling.” The ACCJC claims that it is interested in outcomes. These are
not measures of academic quality outcomes. These are inputs. If the claims are true concerning CCSF’s
lack of satisfying these paperwork requirements, they only point out that despite not seeming to satisfy
these requirements, the college still has great student outcomes.
“CCSF's history of serious financial mismanagement, verified by independent reviewers, fundamentally
undermined the quality of the institution. Over the course of many years, CCSF leadership failed to plan
for financial developments and address CCSF's needs. [For example, CCSF had no plans to pay for
future liabilities, like post-employment medical benefits and worker compensation.]” While CCSF did
have some problems with poor management of resources, it was never in the red. Currently it appears to
be in good financial shape. The ACCJC has no recent updates on the CCSF financial position. Before
closing the college, the ACCJC should look at the current financial condition of CCSF and judge the
college on the same basis as they would any other college.
“Substantial evidence spanning many years illustrates that CCSF has had unclear and dysfunctional
governance processes. In recent years, many CCSF administrative leadership positions, including
Chancellor, were filled by temporary employees, and there was frequent turnover of senior staff
responsible for serving students. The current Chancellor recently confirmed that, at the time of ACCJC's
review, CCSF had a "missing infrastructure of policies and procedures that should have been created
years ago." The California Community Colleges Board of Governors in July 2013 installed a Special
Trustee to supersede the decision authority of the CCSF Board of Trustees, based on a concern that
CCSF was being mismanaged, further confirming that CCSF's problems were extensive and
extraordinary.” And what is the situation now? The ACCJC should see before closing the college.
May 30, 2014 Resolution by California State Legislature
On May 30, 2014 both houses of the California Legislature unanimously voted to call on the ACCJC to
extend CCSF”s accreditation. In the words of author Assemblymember Tom Ammiano:”The ACCJC has
gone off the deep end on City College of San Francisco. Today the California Legislature joined a whole
host of San Francisco local and federal representatives in calling for them to come back and start doing
things that actually benefit students and institutions.”
“By passing these resolutions today, legislators from across California are calling on the ACCJC to act
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reasonably,” said Assembly member Phil Ting, who co-authored the Assembly resolution with Ammiano.
“If commissioners do nothing at their next and last meeting of the year, it’s clear that their priority is not
the best interests of our students.”
At the Assembly hearing, legislators made it clear that this is not just a San Francisco issue. Republican
Don Wagner (Irvine), former president of the South Orange County Community College District Board
of Trustees stated that: “I spent twelve years as a community college trustee. I have had to deal with the
ACCJC many times. The dealings are almost uniformly unpleasant. My guess is this resolution doesn’t go
anywhere near far enough.”
“And I urge not only adoption of this, but that we come back and take a look at whether the ACCJC is, in
fact, following its own rules, because we got a determination, when I was in the Community College
system, from the Department of Education that it was not. And this is the minimum that we could do for
an agency that really does need a lot closer oversight from those responsible for that oversight.”
2014 Visiting Teams Light on Faculty Representation
The U.S. Department of Education found that the ACCJC did not have an adequate proportion of faculty
members on the External Evaluation Teams. This has not changed as illustrated by the team compositions
below. Many of the teams have no faculty representation at all. None of the teams have a majority of
faculty members.
2014 ACCJC External Evaluation Teams
College
Spring
Cerritos
Coastline
Golden West
Hartnell
L.A. Southwest
L.A. Valley
Lassen
Mission
Moreno Valley
Norco
Ohlone
Orange Coast
Palo Verde
Riverside
San Joaquin Delta
Faculty
Total
Team
Faculty
Percentage
2
0
0
1
0
0
1
3
3
4
3
1
2
3
2
14
4
3
4
2
3
12
14
11
12
12
2
10
10
8
14.3%
0.0%
0.0%
25.0%
0.0%
0.0%
8.3%
21.4%
27.3%
33.3%
25.0%
50.0%
20.0%
30.0%
25.0%
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Victor Valley
Total
Fall
Canyons
Contra Costa
Crafton Hills
Cuesta
Diablo Valley
El Camino
Long Beach
Los Medanos
Rio Hondo
San Bernardino
Valley
Santa Ana
Santiago Canyon
Total
0
25
4
125
0.0%
20.0%
4
5
5
3
5
3
3
4
3
12
14
13
14
12
12
12
13
13
33.3%
35.7%
38.5%
21.4%
41.7%
25.0%
25.0%
30.8%
23.1%
3
2
4
44
13
12
13
153
23.1%
16.7%
30.8%
28.8%
EXTERNAL EVALUATION TEAMS Spring 2014
Faculty Members are highlighted in red
Cerritos Community College
Dr. Kelly Cooper
Instructor West Valley College
Dr. Marcia Corcoran Dean, Language Arts Chabot College
Dr. James Dire Vice Chancellor, Academic Affairs Kauai Community College
Dr. Gilbert Stork (Chair) Superintendent/President Cuesta College
Dr. Deborah Wulff (Assistant) Vice President, Academic Affairs Cuesta College
Ms. Shannon Hill (Assistant) Executive Director, Institutional Advancement/ Foundation
Cuesta College
Mr. Dennis Bailey-Fougnier Vice President, Student Services Cabrillo College
Dr. Charles "Kale" Braden Instructor, Theater Arts Cosumnes River College
Mr. Stan Carrizosa Superintendent/President College of the Sequoias
Ms. Meghan Chen Dean, Library &Learning Resources Mr. San Antonio College
Mr. Brent Hastey Trustee Yuba Community College District
Ms. Michelle Johnson Institutional Research Coordinator Reedley College
Ms. Eve Kikawa Instructor/Interim Dean Santa Ana College
Dr. Greg Nelson Vice President, Finance and College Operations College of Marin
Orange Coast College
Anthony Cantu President Riverside City College
Cyndie Luna Coordinator, Planning and Program Review Fresno City College
Coastline Community College
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Randal Lawson Executive Vice President Santa Monica College
Andrew LaManque Executive Director of Institutional Research and Planning Foothill College
Kimberly Perry President Butte College
Dr. Ian Walton Retired Faculty Member and Member of the ACCJC Commission
Golden West College
Deborah J. Ikeda (Team Chair) President Willow International Community College Center
Ted Wieden Interim Senior Dean of Efficiency Diablo Valley College
Charlie Ng Vice President Business and Administrative Services Mira Costa College
Hartnell College
Dr. Jewel Laguerre (Chair) Superintendent/President Solano Community College
Ms. Susan Lamb Vice Chancellor for Academic Affairs City College of San Francisco
Ferdinanda Florence Professor Art History Solano Community College
Dr. Lynn Wright Professor English Pasadena City College
Lassen Community College
Dr. Roger Wagner (Chair) Superintendent/President Copper Mountain College
Dr. Baba Adam Director of Institutional Research Butte College
Dr. Michael Bagley Dean of Instruction Feather River College
Mr. Stephen Eaton Vice President Academic Affairs Barstow College
Ms. Lisa Foley Director, Library and Media Services Lake Tahoe Community College
Dr. Terri Long Dean of Instructional Services Mt. San Antonio College
Ms. Lisa Hinton (Assistant) Administrative Assistant Copper Mountain College
Ms. Renee Martinez President Los Angeles City College
Ms. Jean Perry Assistant Professor Glendale Community College
Mr. Jeffrey Stephenson Dean of Counseling American River College
Dr. Albert Taccone Dean of Career and Technical Educ. Mira Costa College
Mr. Wayne Yanda Director of Finance Southwestern College
Los Angeles Southwest College
Dr. Pamela Luster President San Diego Mesa College Team Chair
Dr. Lori Bennett Executive Vice President Moorpark College Team Member
Los Angeles Valley College
Jill Baker, Ed.D, Dean of Institutional Effectiveness, San Diego Mesa College
Karen Cant, Vice President of Administrative Services, Cypress College
Lynn Ceresino Neault Ed.D, Interim President, San Diego City College (chair)
Mission College
Dr. Douglas B. Houston (Chair) Superintendent/President Yuba CCD
Ms. Roanna Bennie Dean Academic Affairs Allan Hancock College
Ms. Anna Davies Executive Vice President College of the Desert
Dr. Howard Irvin Jr. Dean Counseling & Enrollment Services Grossmont College
Dr. Jannett Jackson Chancellor Chabot-Las Positas CCD
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Dr. David Newnham Vice President of Instruction Folsom Lake College
Dr. Tanya Renner Professor of Psychology Kapiolani Community College
Ms. Cathy Richter (Team Assistant) Executive Secretary to the Chancellor Yuba CCD
Dr. Rick Santos Interim Dean of Instruction, Business Fresno City College
Ms. Toni Sommer Vice President Administrative Services Cuesta College
Mr. Duncan Sutton Research Analyst Salvation Army College
Ms. Christine Tinberg Faculty, Kinesiology; SLO Coordinator Los Angeles City College
Mr. Paul Wickline Department Chair, Theater College of the Canyons
Dr. Carol Welsh Dean, Library and Learning Resources Cypress College
Moreno Valley College
Mr. Marvin Martinez (Chair) President East Los Angeles College
Dr. Juan Avalos Vice President for Student Services Saddleback College
Mr. Jeff Cummings Dean, Career and Technical Education/Executive Dean Academic Affairs
College of the Redwoods
Ms. Janet Houlihan Vice President of Student Life and Administrative Services Golden West College
Dr. Edward Karpp Dean of Research, Planning and Grants Glendale Community College
Dr. Ryan M. Cornner (Assistant) Dean of Institutional Effectiveness East Los Angeles College
Dr. Scott Lukas Professor of Anthropology Lake Tahoe Community College
Dr. Kevin Walthers Superintendent/President Allan Hancock College
Ms. Catherine Webb Librarian Monterey Peninsula College
Dr. Linda Woods Professor of Chemistry San Diego Miramar College
Dr. Ann Wright Instructor, Biological Sciences Hartnell College
Norco College
Dr. Kathleen F. Burke (Team Chair) President Los Angeles Pierce College
Dr. Marilyn Brock Interim Vice President of Academic Affairs Long Beach City College
Dr. Susan Goff Dean of Career and Technical Education Mendocino College
Nan Gomez-Heitzeberg Executive Vice President of Academic Affairs Bakersfield College
Arkady Hanjiev, Professor of Mathematics West Hills Coalinga College
Iris Ingram Chief Business Officer Moorpark College
Deborah Kaye , Professional Development Director Los Angeles Valley College
Dr. Margarita Palacio (Team Assistant), Professor of Spanish Los Angeles Pierce College
Deborah Ludford District Director of Information Services North Orange County Community College
District
Dr. Thea Trimble, Professor of Life Sciences College of the Sequois
Dr. Keith Wurtz Dean of Institutional Effectiveness, Research, and Planning Crafton Hills College
Dr. Lijuan Zhai Director of Institutional Research, Assessment, and Planning Fresno City College
Ohlone College
Dr. Kimberly Perry (Chair) Superintendent/President Butte College
Dr. Alan Buckley Professor of Political Science Santa Monica College
Dr. Greg Gillispie President Ventura College
Ms. Julia 3olly Associate Vice President Sacramento City College
Ms. Valerie Karnes Dean, Career Technical Education Cerro Coso Community College
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Dr. Michael White Vice President, Student Services Reedley College
Dr. Samia Yaqub (Assistant) Vice President, Student Learning/Econ. Development Butte College
Mr. Dustin Reese (Assistant) Executive Assistant Butte College
Ms. Kathleen Kirklin Vice President, Administration Folsom Lake College
Dr. Ed Pai Dean, Institutional Effectiveness Los Angeles City College
Mr. Bob Stuard ,Interpreting for the Deaf Mt. San Antonio College
Dr. Gary Williams Professor, Psychology/Instructional Assessment Crafton Hills College
Palo Verde College
Ms. Kathryn G. Smith (Chair) Superintendent/President College of the Redwoods
Dr. Angelina Hill (Assistant) Director of Institutional Effectiveness College of the Redwoods
Dr. Susan Bangasser Dean, Science Division San Bernardino Valley College
Mr. Tim McGrath
Vice President of Instruction San Diego Mesa College
Ms. Donna Berry Vice President of Administrative Services Reedley College
Mr. Lawrence Serot Chief Business Officer
Retired
Dr. Adrienne Foster Faculty West Los Angeles College
Dr. Robert Simpson President
Cypress College
Mr. John Johnston
Faculty, Philosophy and English College of the Redwoods
Mr. Theodore Younglove Dean of School of Math and Science Chaffey College
Riverside City College
Note: two members of the Commission are from Riverside City College
Dr. Steven Kinsella (Chair) Superintendent/President Gavilan College, ACCJC Commission Member
Dr. Sonya Christian President Bakersfield College
Dr. Karen Cowell Dean, Health Sciences Antelope Valley College
Dr. Carmen Dominguez Dean, Division of Fine and Performing Arts College of the Canyons
Dr. Barbara Dunsheath Faculty, History East Los Angeles College
Ms. Sharyn Eveland Faculty and Social Science Division Chair Taft College
Ms. Angie Oropeza (Assistant) Executive Administrative Assistant Gavilan College
Dr. Kevin O'Rorke Vice President of Student Services Shasta College
Dr. Sunyeen Pai Library Faculty Kapi'olani Community College
Dr. Laurie Pemberton Director, Institutional Research and Planning Allan Hancock College
Dr. Arleen Satele Vice President Administrative Services Cuyamaca College
San Joaquin Delta Community College District
Dr. Joel Kinnamon (Chair) Superintendent/President College of the Desert
Ms. Jill Board President Cerro Coso Community College
Dr. K. C. Greaney Director, Institutional Research Santa Rosa Junior College
Ms. Pamela Hunter (Assistant) Executive Director, Institutional Advancement College of the Desert
Dr. Lynn Wright Professor of English Pasadena City College
Ms. Georgine Hodgkinson Professor of Communication Studies Consumnes River College
Ms. Joyce Johnson Dean, Career Technical Education Mt. San Jacinto College
Dr. Sadiq Ikharo
Vice Chancellor General Services Peralta Community College District
Victor Valley College
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Team Chair:
Dr. Douglas Houston, Chancellor, Yuba Community College District
Team Members:
Mr. Michael Carley, Associate Director of Institutional Research and Reporting, Kern CCD
Ms. Virginia Guleff, Vice-President of Education and Student Services, Mendocino College
Mr. Gary Whitfield, Vice President of Administrative Services, Columbia College
EXTERNAL EVALUATION TEAMS Fall 2014
Faculty Members are highlighted in red
San Bernardino Valley College
Team Chair
Dr. Yasmin Delahoussaye, Interim President, Los Angeles Southwest College
Team Members
Dr. Ryan Cornner, Dean of Institutional Effectiveness, East Los Angeles College
Dr. Norma Ambriz-Galaviz, President, Merritt College
Ms. Anita Black, Vice President of Instruction, Merritt College
Ms. KC Boylan, Professor, Communication Studies, Folsom Lake College
Dr. Craig Hayward, Director of Planning, Research & Accreditation, Irvine Valley College
Ms. Carol Castle, Academic Officer, MTI College
Dr. Jo Anne Cripe, Instructor, Human Development, Butte College
Ms. Micca Gray, Public Service Librarian, Santa Rosa Junior College
Ms. Maire Morinec, Dean, School of CTE/Business, Solano Community College
Ms. Frankie Harriss, Vice President for Institutional Effectiveness and Quality Assurance, College of
Micronesia – FSM
Ms. Kuldeep Kaur, Chief Business Officer, Yuba Community College District
Dr. Keith Snow-Flamer, Vice President, Instruction and Student Development, College of the Redwoods
Los Medanos College
Team Chair
Dr. Helen Cox, Chancellor, Kuau’i Community College
Team Members
Dr. Susan Inouye, Professor, English, Kapiolani Community College
Dr. Anthony Zambelli, Professor Emeritus, Economics, Business, Cuyamaca College
Dr. Carolyn Inouye, Dean of Math, Science, Health, PE, Athletics, Oxnard College
Dr. Erika Larco, Chancellor, Honolulu Community College
Dr. Marie-Elaine Burns, Vice President, Student Affairs, San Jose City College
Robert Else, Senior Director, Institutional Research, Assessment and Planning, Santa Barbara City
College
Ms. Cammie Matsumoto, Director, Community Relations and Special Projects, Kaua’i Community
College
Ms. Virginia May, Faculty, Member of ACCJC Board, Professor of Mathematics/Statistics, Sacramento
City College
Dr. Irene Malmgren, Vice President of Instruction, Mt. San Antonio College
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Jenny Langrell, Systems Librarian, Saddleback College
Tim Flood, Vice President Administrative Services, Grossmont College
Dr. Randy Peebles, Associate Vice Chancellor – Economic Development, South Orange County
Community College District
Diablo Valley College
Team Chair: Mr. Don Warkentin, President, West Hills College Lemoore
Team Assistant: Mr. Jody Ruble, Dean of Student Services, West Hills College Lemoore
Dr. Kathryn Nette, Professor of Biology, Cuyamaca College
Dr. Jan Muto, Assistant Professor of Speech Communications, Norco College
Ms. Carol Mattson, Counselor, Fullerton College
Ms. Sarah Shepard, Professor of Business, West Hills College Coalinga
Dr. Kathleen Werle, Vice President for Instruction, Saddleback College
Mr. Peter Sezzi, Associate Librarian and Curriculum Committee Co-Chair, Ventura College
Dr. Rosa Flores Carlson, President, Porterville College
Dr. Leslie Buckalew, Vice President of Student Learning, Columbia College
Ms. Beth Gomez, Vice President of Business Services, Norco College
Mr. Raj Bajaj, Dean of Institutional Planning, Riverside Community College District
Rio Hondo College
Chair
Dr. Willard Lewallen, Superintendent/President, Hartnell College
Dr. Lori Kildal, Vice President of Academic Affairs, Hartnell College
Richard LeGarra, Associate Professor/Dept Chair Administration of Justice,Mt. San Jacinto College
Dr. Lauren Halsted Burroughs, Assistant Professor of English, Cuyamaca College
Dr. Margarita Pillado, Associate Professor/Faculty Accreditation Coordinator, Los Angeles Pierce
College
Whitney Yamamura, Vice President, Instruction and Student Learning, Cosumnes River College
Mark Wade Lieu, Dean, Language and Communication, Ohlone College
Dr. Susan Walsh, Director of the Learning Resources Center, Merced College
Dr. J. Laurel Jones, Superintendent/President, Cabrillo College
David El Fattal, Vice President of Business Services/Assistant Superintendent, Cerritos College
Jeanette Stirdivant, Interim Dean of Student Services, Glendale Community College
Oleg Bespalov, Dean of Institutional Effectiveness, Los Angeles Pierce College
Sam Aunai, Director, Career Technical Education, Taft College
El Camino College
Chair
Dr. Linda Lacy, Superintendent/President, Cerritos College
Team Members
Andrea Wittig, Executive Assistant, Cerritos College
Dr. Celia Cruz-Johnson, Reading Instructor, San Jose City College
Dr. James Van Tassel, Instructor, Mission College
Dr. Rick Santos, Instructor, Linguistics/ESL, Fresno City College
Dr. Leta Stagnaro, Vice President Affairs/Deputy Superintendent, Ohlone College
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Carmen Guerrero, Dean, Career & Technical Education, Oxnard College
Virginia Moran, Executive Dean, Victor Valley College
Dr. Anthony Beebe, President/CEO, San Diego Continuing Education
Dr. Angelica Suarez, Vice President for Student Affairs, Southwestern College
Frankie Harriss, Vice President for Institutional Effectiveness and Quality Assurance, College of
Micronesia-FSM
Dr. Jamey Nye, Associate VP of Instruction and Student Support, Cosumnes River College
Santiago Canyon College
Chair
Henry Young, President, Evergreen Valley College
Team Members
Lynette Apen, SLO Coordinator & Chair, Institutional Effectiveness Council, Evergreen Valley College
Kristina Allende, Professor of English and Literature, Mt. San Antonio College
Dr. Markus Geissler, Professor, Computer Information Science, Cosumnes River College
Dr. Stephen Payne, Command Historian, Defense Language Institute Foreign Language Center
Leticia Barajas, Vice President, Academic Affairs & Workforce Development, Los Angeles Trade Tech
College
Dr. Lisa Lawrenson, Associate Vice President of Instruction, Curriculum and Basic Skills, American
River College,
Rick Rantz, Dean, The Extended Campus, Allan Hancock College
Dr. Ron Oxford, Librarian, West Hills College Lemoore
Dr. Patrick Schmitt, Chancellor, West Valley-Mission CCD
Robert Isomoto, Vice President Business & Administration, Santa Monica College
Dr. Renee DeLong Chomiak, Dean of Counseling Services, Cerritos College
Erik Cooper, Dean of Planning, Research, Resource Development, Sierra College
Long Beach City College
Chair
Dr. Henry Shannon, Superintendent/President, Chaffey College
Team Members
Julie Sanchez, Executive Assistant, Chaffey College
Robert Boyd, Philosophy Instructor, Fresno City College
Christine Keen, Professor, Mathematics, College of the Sequoias
Dr. Patricia Lynn, Professor - Business & Computer Technology Division, Pasadena City College
Dr. Sherrie Guerrero, Associate Superintendent, Instruction and Student Services, Chaffey College
Kenley Neufeld, Dean, Library, ESL, Languages, PE, Distance Education, Santa Barbara City College
Dr. Frank Chong, Superintendent/President, Santa Rosa Junior College
Yulian Ligioso, Vice President, Finance and Administration, Solano Community College
Dr. Saundra McGlothlin, Vice President of Student Services, West Hills College Lemoore
Robert Miller, Assistant Superintendent/Business and College Services, Pasadena City College
Ryan Cartnal, Director of Research and Assessment, Cuesta College
Contra Costa College
Team Chair
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Sylvia Thomas, Associate Vice Chancellor Educational Services, Riverside Community College Team
Members
Dr. Lisa Allen, Professor of Art History, Irvine Valley College
Frances Leonard, Professor of English, West Los Angeles College
Cheryl Stewart, Librarian, Coastline Community College
Mark Greenhalgh, Dean of Mathematics & Computer Science; Acting Dean of Natural Sciences,
Fullerton College
Carol Hilton, Vice President for Administrative Services, Saddleback College
Della Anderson, Director, Planning, Policy and Assessment, Leeward Community College
Naomi Foley, Instructional Support Coordinator, Riverside Community College
Robert Lee, Instructor, Writing Center Coordinator, Pasadena City College
Mark Yeager, Professor of Chemistry, Mira Costa College
Dr. Santanu Bandyopadhyay Executive Vice President Educational Programs and Student Services,
Cypress College
Dr. Angela Fairchilds President, Columbia College
Mary Dominguez, Dean of Student Affairs, Hartnell College
John Means, Associate Chancellor Economic and Workforce Development, Kern Community College
District
College of the Canyons
Ron Taylor, Superintendent/President, Merced College
Dr. Lorraine Prinsky, Trustee, Coast Community College District
Thom Watkins, Interim Dean of Workforce Development and Continuing Education, Solano College
Vivian Varela, Associate Professor of Sociology and Distance Education Coordinator, Mendocino
College
Dr. Celine Pinet, Vice President, Academic Affairs, Monterey Peninsula College
Aaron D. McVean, Dean of Planning, Research, and Institutional Effectiveness, Skyline College
Kale Braden, Professor of Theatre Arts, Consumnes River College
Tim Karas, Vice-President of Instruction, College of Alameda
Michael Graves, Instructor of Business and Computer Applications, College of the Siskiyous
Mary Beth Benvenutti, Business & Administrative Director, College of Alameda
Audrey Yamagata-Noji, Vice President of Student Services, Mt. San Antonio College
Marie Bruley, Mathematics Professor, Merced College
Santa Ana College
Chair
Jill Stearns, President, Modesto Junior College
Dr. Al Alt, Vice President of College Administrative Services, Modesto Junior College
Shawn Abbott, Professor Business, Accounting, College of the Siskiyous
Dr. Kristi Blackburn, Dean of Institutional Effectiveness/ Accreditation Liaison Officer,
Los Angeles Harbor College
Dr. Felecito (Chito) Cajayon, Vice Chancellor of Economic & Workforce Development,
Los Angeles CCD
Ms. Dorothy Cordell, Director of Student Health Services, SLO Coordinator, San Diego City College
Dana Hester, Dean of Social and Behavioral Sciences, Citrus College
Page 229
Dr. Lesley Kawaguchi, Professor, History, Santa Monica College
Kevin McElroy, Vice Chancellor, Business Services, Foothill/DeAnza CCD
Earic Peters, Vice President of Student Services, Los Angeles Pierce College
Dr. Ray Somera, Vice President for Academic Affairs, Guam Community College
Dr. Donald Wallace, Superintendent/President, Palo Verde College
Cuesta College
Site Visit Team Members
CHAIR
Dr. Joe Wyse, Superintendent/President. Shasta College
Team Members
Ms. Theresa Markword, Assistant to the Superintendent/President, Shasta College
Dr. Joseph Carrithers, Professor of English. Fullerton College
Sally Pestana, Professor of Health Sciences, Kapiolani Community College
Dr. Sarah McLemore, Assistant Professor of English, Assistant Chair of English Division, Glendale
Community College,
Virginia Guleff, Vice President, Education and Student Services, Mendocino College
Maire Morinec, Dean, School of CTE/Business, Solano Community College
Kate Jaques, Dean of Humanities, American River College
Dr. Robert Frost, President, Centralia College
Meredith Plummer, Chief Business Officer, Copper Mountain College
Darcy Bogle, Vice President Student Services, Taft College
Michelle Fowles, Dean, Institutional Effectiveness, Los Angeles Valley College
William McGinnis, Trustee, Butte-Glenn CCD
Crafton Hills College
Dr. Barry Russell, Chair of the External Evaluation Team and President, Las Positas College
Ms. Renee Pegues, Assistant to the Chair and Exec. Assistant to the VP Admin Services, Las Positas
Dr. Judy Kasabian, Professor, Mathematics, El Camino College
Lori Bennett, Executive VP, Student Learning, Moorpark College
Julie Bruno, Professor, Communications, Sierra College
Catherine Chenu-Campbell, Librarian, Sacramento City College
Marjorie Duffy, Professor, Computer Information Science, Consumnes River College
Dianna Gonzales, Director of Human Resources, San Joaquin Delta College
Davit Khachatryan, Director, Fiscal Services, Irvine Valley College
Dr. Robert Livingston, Professor, Business Administration, Cerritos College
Dr. Dena Maloney, Superintendent/President, Taft College
Heather Ostash, Vice President, Student Services Cerro Coso Community College
Dr. George Railey, Vice Chancellor, Educational Services/Institutional Effectiveness, State Center
Community College District
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June 11, 2014 - ACCJC Announces Proposed Language on Terminating
Accreditation
At the June 5-7, 2014 meeting of the ACCJC, the Policy Committee of the ACCJC proposed, during the
secret session, new language regarding what they called “Restoration Status.” No prior notice of this
proposal was made public. The Commission voted to consider their reading at the meeting a “first
reading” of the new policy. The Commission will vote, presumably by electronic means, to consider the
proposal after a short two-week “public comment period” concluding on June 25, 2014 at 5 p.m.
The announcement of the proposal was made public by the ACCJC on June 11, 2014 at 3 p.m.
The decision to consider a new policy came after much public outcry against ACCJC by legislators,
college officials, and others including a message from Grossmont-Cuyamaca District Chancellor Cindy
Miles and San Diego Community College District Chancellor Constance Carroll dated June 9, 2014. The
letter was signed by over 55 Chancellors, Superintendent/Presidents, and Presidents of California's
community colleges. It urged the ACCJC “provide an extension of 12 to 18 months for City College of
San Francisco to complete the enormous progress it has been making under its current leadership to
comply with all standards of accreditation and to maintain its accredited status during this period. We
urge the Commission to either follow its current policy or create a revised policy to enable this extension,
perhaps calling a special meeting of the Commission for this purpose. We believe that this action is in the
best interests of the 80,000 students of City College of San Francisco, the City and County of San
Francisco, the California Community Colleges, and the State of California.”
The new proposed language reads as follows. I have included [MY QUESTIONS] regarding the
implication of various sections.
“Restoration Status. Prior to the termination effective date or completion of any requested review and
appeal process, whichever is later, the institution may submit a request for granting of restoration status.
[HOW CAN A COLLEGE DETERMINE THE CORRECT DATE UNTIL AFTER THE APPEAL
PROCESS HAS BEEN COMPLETED? THE LANGUAGE SHOULD GIVE SOME TIME AFTER THE
RECEIPT OF THE DECISION TO DECIDE WHETHER TO MAKE A REQUEST OR FILE AN APPEAL
IN COURT] [IN ADDITION, THERE IS NO CURRENT DATE FOR LOSS OF ACCREDITATION DUE
TO THE PENDING LAW SUITS. HOW DOES THIS AFFECT THE TIMELINE?] If, however, an
institution has been granted a good cause extension to come into compliance with any standard prior to
the termination action, the institution may not apply for restoration status following termination.
The request for granting of restoration status must be accompanied by a completed eligibility report,
demonstrating compliance with the Eligibility Requirements. [DOES THIS INCLUDE HAVING AN
OPERATING BOARD OF TRUSTEES?] Upon receipt of the institution's request, the Commission shall
schedule a comprehensive evaluation of the institution no later than four months following the request.
The institution must submit an institutional self evaluation report no later than six weeks prior to the
scheduled visit. [HOW WILL THE INSTITUTION KNOW WHEN THE SCHEDULED VISIT WILL BE SO
THAT IT CAN PROVIDE THE SELF EVALUATION REPORT IN A TIMELY MANNER?]
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For the period leading to completion of the comprehensive evaluation for restoration status, the
termination effective date will be rescinded and the termination implementation will be suspended. The
institution's accredited status will be "accredited, pending termination." [IF TERMINATION IS
DECIDED, WILL STUDENTS HAVE CREDITS COUNT DURING THE SEMESTER THAT THE
CONCLUSION IS MADE?]
The comprehensive evaluation for restoration status will determine if the institution meets all of the
Eligibility Requirements and has demonstrated either its compliance with all of the Accreditation
Standards and Commission policies or the ability to meet them within the two-year restoration status
period. If, in the judgment of the Commission,[NOTE THAT THIS IS NOT THE JUDGMENT OF THE
VISITING TEAM] the college fully meets all eligibility requirements and has demonstrated the ability to
fully meet all standards within the two-year restoration status period, the college will be granted
restoration status. [WILL THE NEW LANGUAGE OF ‘SUBSTANTIALLY MEETS’ BE USED AS WITH
OTHER COLLEGE EVALUATIONS?] If, however, in the judgment of the Commission, the college does
not fully meet all eligibility requirements and/or has not demonstrated the ability to fully meet all
standards within the two-year restoration status period, [HOW CAN THE COMMISSION JUDGE HOW
MUCH PROGRESS A COLLEGE CAN MAKE? THE REALITY IS WHETHER THE COLLEGE MAKES
IT OR NOT WITHIN THE TIME PERIOD] the termination implementation will be reactivated and the
effective date will be immediate. [AND THE IMMEDIATE EFFECT ON STUDENTS?] There will be no
further right to request a review or appeal in this matter. [DOES THIS INCLUDE THE RIGHT TO GO
TO COURT IS SIGNED AWAY IN THE PROCESS?]
The Commission may determine such follow-up and special reports as may be warranted during the
restoration status. At the conclusion of the restoration status period, a comprehensive evaluation will be
conducted for the purpose of determining whether the institution has demonstrated its compliance with
Eligibility Requirements, Accreditation Standards, and Commission policies. If, in the judgment of the
Commission, the institution is in compliance with Eligibility Requirements, Accreditation Standards, and
Commission policies, then the accredited status of the institution will be reaffirmed. [AND IF
SUBSTANTIALLY IN COMPLIANCE AS REQUIRED OF OTHER COLLEGES?]
However, if in the judgment of the Commission the institution is not in compliance with Eligibility
Requirements, Accreditation Standards, and Commission policies, then the termination implementation
will be reactivated and the effective date will be immediate. There will be no further right to request a
review or appeal in this matter.
An institution may apply for restoration status only one time within a 20-year period.
Re-application for accredited status. In such a case In the event of the termination of accreditation of an
institution, the institution must complete again the entire accreditation process.”
CCSF Appeal Hearing Decision June 12, 2014
On June 12, 2014 Hearing Panel chair William McGinnis issued a decision on the CCSF’s Special
Trustee Agrella’s appeal to the decision by ACCJC to dis-accredit CCSF. The hearing was held on May
20-22, 2014. The panel, composed of person with connections to the ACCJC, that decided the case was
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appointed by the ACCJC itself and composed of the following members (with their descriptions from the
ACCJC website):
Mr. Bill McGinnis
Mr. McGinnis serves as an Other Representative member of the Appeals Hearing Panel. Mr. McGinnis is
a Trustee with Butte-Glenn Community College District. Mr. McGinnis previously served as Assistant
Vice President of Administration at CSU Chico. Mr. McGinnis served as City Administrator for the City
of Marysville, City Manager for the City of Crescent City, and in the Administrative Officer for the
County of Curry, Oregon. Mr. McGinnis holds a BS degree in Business from Midwestern College and an
MPA degree from University of West Florida. Mr. McGinnis also in on the Board of the Campaign for
College Opportunity along with Beno, Kinsella, and Nixon.
Dr. Tom McFadden
Dr. McFadden serves as a Public Representative member of the Appeals Hearing Panel. Dr. McFadden
previously served as President of Marymount College. Dr. McFadden was Vice President for Academic
Affairs at St. John Fisher College, and Dean, College of the Arts and Sciences at St. Joseph's University.
Dr. McFadden holds a BA degree in Philosophy from Cathedral College, an MA degree in Theology from
Gregorian University, and a Ph.D. degree in Theological Studies from Catholic University of America.
Dr. McFadden is a former ACCJC Commissioner.
Dr. Erlinda Martinez
Dr. Martinez serves as an Administrative Representative member of the Appeals Hearing Panel. Dr.
Martinez serves as President of Santa Ana College. Dr. Martinez has served as Vice President of Student
Services/Assistant Superintendent at Cerritos College, Administrative Dean and Dean of Students at
Mission College, and Director of Student Affairs at El Camino College. Dr. Martinez holds a BA in
Sociology from UC Riverside, an MA in Counselor Education from CSU Los Angeles, and a Ph.D. from
the University of Southern California. Dr. Martinez has served as an ACCJC Visiting Team Chair.
Mr. Joseph Richey
Mr. Richey serves as a Public Representative member of the Appeals Hearing Panel. Mr. Richey
previously served as President/CEO of Industry Education Council of California, Director, Employment,
Placement and Training with Pacific Bell, and as President & Vice President of Industry Education
Council of California. Mr. Richey holds an AS degree in Business Management from Moorpark College,
and a BS degree in Business Administration from University of Pittsburgh. Mr. Richey is a former
ACCJC Commissioner and Visiting Team Chair.
Ms. Margaret Tillery
Ms. Tillery serves as an Academic Representative member of the Appeals Hearing Panel. Ms. Tillery
serves as Learning Disabilities Specialist at Allan Hancock College. She provides individual student
instruction as well as instructional support at the college. Ms. Tillery previously served as a Part-time
Instructor at Cal Poly, San Luis Obispo, Educational Consultant with Solutions West, Executive Assistant
to Superintendent/ALO at Allan Hancock College, and Affirmative Action/Staff Diversity Officer at
Allan Hancock College. Ms. Tillery holds a BA in Political Science from Connecticut College, and an
MA in Special Education from Cal Poly San Luis Obispo. Ms. Tilley is a former ACCJC
Commissioner.
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None of the panel members is a current community college faculty member.
The CCSF representatives challenged the appointments of Mr. McGinnis and Mr. Richey but the
challenges were rejected by the ACCJC.
The Decision
The decision by the panel was not expected to be a positive one for CCSF due to the kangaroo court
nature of the proceedings and the basically non-defense of CCSF by the Special Trustee appointed legal
team. In fact much of the evidence against CCSF was given by Special Trustee Agrella in his statements
regarding the state of CCSF when he took over - ‘dysfunctional, troubled, and substantially out of
compliance.” As expected, the decision turned out to be negative except for one unanticipated wrinkle.
“Following the 2012 evaluation, the Commission determined that CCSF was well outside of acceptable
boundaries for compliance, and that the institution appeared to be locked in downward spiral which was
likely to continue given the inability of those responsible for the institution to implement the major
changes which were necessary. Those conclusions weren't disputed in any significant way by the
witnesses for CCSF at the hearing. To the contrary, the CCSF witnesses conceded that the institution
was out of compliance at that point in multiple areas.”
Basically, the so-called CCSF representatives did not present a real argument. For example the decisions
concluded: “As was the case with several of the grounds of error asserted by CCSF in this appeal, it spent
no time demonstrating the legal or factual underpinnings for this contention. While the reports from the
various Commission teams were included in the hearing record, CCSF offered no testimony or
compilations to identify these alleged discrepancies so the Hearing Panel could understand their nature,
number, or significance. Nor did CCSF provide any explanation about the considerations which led the
Commission to reach conclusions at variance from some opinions of members of these visiting teams,
including through questions along these lines to Commission witnesses.”
The panel found, on the basis of the little actual evidence or argument in favor of CCSF’s case presented
by the team “representing” CCSF, that the appeal “is not supported by the preponderance of the
evidence.” The wrinkle in the decision was that “CCSF was not in substantial compliance with
accreditation standards and eligibility requirements as of June 7, 2013, however, from the reasons
discussed above, there is ‘good cause’ for a consideration of CCSF’s achievements through January 10,
2014 and up to and including the end of the evidentiary hearing sessions on appeal (May 21, 2014) and,
since the evaluation of the additional facts and circumstances during the time period best rest within the
expertise of the Commission, the Hearing Panel directs a remand to the Commission under the terms and
conditions described below.”
The panel gave the Commission the task to find the current state of compliance of CCSF using any
procedures they desired. CCSF and its representatives are given “no entitlement to participate in the
evaluation process” except at the Commission’s discretion. During the examination by the Commission,
CCSF will retain accreditation status. No timeline for this work by the Commission was given.
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Preliminary Considerations
In a section of the decision entitled “Preliminary Considerations” the panel set out some general
principles that it would use in making its decision. These principles made it virtually impossible for
CCSF to win its case, even if it had wanted to. Among these guidelines were the following:
First, it is recognized that accrediting agencies are to be afforded considerable deference with respect to
the method and manner in which they implement their monitoring and enforcement responsibilities. There
is probably no area of the law where deference is as necessary as it is when a court reviews the decision
of an accreditation association.
It is also recognized that accrediting agencies must have flexibility to apply their standards to constituent
institutions, and that a rigid or uniform application is not expected. To the contrary, since accrediting
procedures are guidelines, efforts to impose rigid or uniform application of accreditation standards
would essentially strip accrediting agencies of the discretion necessary to assess the unique circumstance
presented by different schools. As a result, legal challenges based on claims of disparate treatment
towards different institutions are typically rejected.
Finally with respect to general principles applicable to the accreditation function, in the review of
accreditation decisions, the courts have applied legal principles derived from cases which involve
administrative action that mere variations from customary internal procedures will not typically be
deemed inherent violations of the rights of constituent institutions.
The Panel also stated, based on the lack of presentation on the issues by the CCSF “representatives” that
“Presumably CCSF expected the Hearing Panel to work its own way through the lengthy reports to
identify and isolate alleged discrepancies, and then speculate about why the judgment of the
Commission was different in some respects. It is well recognized, however, that it is not the
responsibility of an appeal body to search through a lengthy record to try to find facts which might
support an appellant’s broad contention of error.”
Basic Contentions
CCSF’s defense team stated the following were their basic “contentions” but most were not accompanied
by evidence or testimony. The lack of evidence and follow-up resulted in rulings that not enough evidence
had been presented to substantiate their claims.
Lack of Prior Notice to CCSF of Non-Compliance with Accreditation Standards Prior to Imposition of
"Show Cause" Status in 2012 [The Hearing Panel concludes: that the Commission's decision in 2012 to
impose "show cause" status on CCSF was fully justified, it was consistent with the Commission's
regulatory obligations, and it was a reasonable exercise of discretion. With respect to this ground for
appeal, CCSF failed to sustain its burden of proof.]
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Alleged Abuse of Discretion in Imposing Harsher Sanctions in 2012 and 2013 Than Were Recommended
by the Visiting Team [The Hearing Panel concludes: that CCSF failed to sustain its burden of proof with
respect to this contention on appeal.]
Alleged Abuse of Discretion in Allowing CCSF Less Than One Year to Rectify Deficiencies [decision
consolidated with other decisions]
Alleged Incorrect or Unwarranted Finding by the Commission Regarding Eligibility Requirement 21 (to
do with substantive change error by ACCJC) [The Hearing Panel concludes: that CCSF failed to sustain
its burden of proof with respect to this contention on appeal]
Alleged Error With Respect to Determinations by the Commission Regarding CCSF's Failure to Comply
with Certain Financial Standards [The Hearing Panel concludes: that with respect to this claim of error,
CCSF failed to meet its burden of proof.]
Alleged Abuse of Discretion and Violation of "Traditional" Principles Regarding Conflicts of interest
Regarding Members of Accreditation Review Team (Crabtree) and "Show Cause" Review Team (Nixon)
[All of the principles and conclusions stated above with respect to Mr. Crabtree apply to Dr. Nixon, and
perhaps even more so. Stated differently, there's no credible support for a claim that his participation was
even questionable, much less improper. The Hearing Panel concludes: that as to both Mr. Crabtree and
Dr. Nixon, CSF's claims of error with respect to their selection and participation are not supported by a
preponderance of the evidence.] This despite the U.S Department of Education’s contrary finding.
Alleged Inadequate Number of Academicians On the 2012 and 2013 Visiting Teams [The Hearing Panel
concludes: that CCSF's claim of error in Section I.G of its Amended Notice of Appeal fails for a lack of a
preponderance of evidence.] Again despite the contrary conclusion by the U.S. Department of
Education.
Alleged Unfairness and Due Process Deprivations in the Appeal Process [In this regard, counsel for
CCSF explained these claims of error had been included in the Amended Notice of Appeal simply to
preserve the right of CCSF to challenge them in a different forum, and both sides expressly agreed that
those matters should not be presented for resolution by the Hearing Panel. The Chair of the Hearing
Panel acceded to this agreement of counsel and, as a result, no issues of fact or law related to those
contentions were presented at the hearing, and they are not part of the findings or conclusions of the
Hearing Panel.]
CCSF's Claim Regarding "Substantial Compliance" [More than 90% of CCSF's Amended Notice of
Appeal, and a comparable percentage of the evidence presented at the hearing, was devoted to its
contentions in Section III of the Amended Notice of Appeal that: 1) it "is now" in substantial compliance
with the standards and eligibility requirements; that 2) it was unfairly denied sufficient time which the
Commission was allowed to provide within its discretion to bring itself into compliance; and that 3) it
should be afforded additional time to achieve compliance. CCSF claimed that these matters constituted
material error, fundamentally unfairness, a denial of due process, and weren't based on substantial
evidence.]
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Bias of the Panel
The bias of the panel against CCSF as it was before the attacks on it by ACCJC is made clear in the
following analysis by the panel. It is also made clear the persons supposedly working for CCSF were
actually working on their own agendas.
A considerable amount of the testimony at the appeal hearing related to steps taken to bring CCSF into
compliance after June 7, 2013. A matter of special significance was that although Dr. Robert Agrella had
been appointed as a Special Trustee at CCSF in 2012 by the California Community Colleges Board of
Governors, the evidence indicated that his initial role in that capacity had been largely advisory to the
elected CCSF Board of Trustees, which hampered his ability (or anyone's) to initiate and implement
necessary changes.
However, after the Commission issued its notice of termination to CCSF, the Community Colleges Board
of Governors exercised an option which allowed it to essentially bypass CCSF's Board of Trustees, which
it did by granting Dr. Agrella sole decision-making authority in an expanded role as "Special Trustee
with Extraordinary Powers." With this expanded authority, he was able to immediately turn to
meaningful efforts to try to remedy the problems facing the institution which had finally led the
Commission to terminate its accreditation. Among the steps undertaken was the recruitment of Dr. Tyler,
a capable administrator with prior experience in dealing with troubled academic institutions, to assume
the role of Chancellor. Drs. Agrella and Tyler and other CCSF witnesses testified at some length about
the efforts that were initiated in the latter part of 2013 and continued to the present to bring the
institution into compliance, despite the impending termination. Drs. Agrella and Tyler were direct and
forthright in acknowledging the existence of deficiencies when they assumed their current roles, and
both were direct and forthright in acknowledging the political and practical barriers that impeded
necessary changes.
The testimony from Drs. Agrella and Tyler and other CCSF witnesses about what they had been able to
achieve since the delegation of "extraordinary powers" was not, however, free of ambiguity and
uncertainty. In this regard, Dr. Tyler offered some rough percentage approximations of CCSF's level of
compliance at various stages between 2012 and the hearing date; however, these approximations
appeared to be based on a cumulative list created by CCSF of approximately 330 "line items" of goals
and standards, which included some drawn from sources beyond the requirements of the Commission.
As pointed out by the Commission, a percentage estimate of completion of this type reflects only the
quantity of completion (and not entirely of Commission standards) not the quality, nor did that approach
distinguish between line items of greater or less importance, such as those which address relatively
simple changes versus those of far greater complexity designed to assure long-term financial stability.
There was also considerable uncertainty with respect to CCSF's demonstration of plans to deal with
projected financial obligations and organizational changes.
More to the point, of course, not all of these purported gains were self-evident, none had been subjected
to vigorous and objective validation, and there is no assurance that the special powers granted to Dr.
Agrella which appeared to enable these belated advancements would be continued in a manner to avoid
a relapse to "business as usual" for the institution. Although uncertainties and concerns remain with
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respect to what has actually been achieved since Dr. Agrella secured "extraordinary powers," it is
apparent that his acquisition of this authority was a significant event. It was only after June 7, 2013 that
he secured sufficient authority to bypass the CCSF elected Board of Trustees which offered some
prospect to be able to deal effectively with political and special interests which have hampered the
changes necessary to restore the institution's standing. Granting that level of authority to Dr. Agrella
was a major step which was, perhaps, the best and last chance for CCSF to regain its status as a viable
institution. It went significantly beyond a re-shuffling of leadership for "window-dressing" purposes. Dr.
Agrella and the leaders he has assembled appear to have the skills and determination to try to bring
about major change and, indeed, contend they've essentially been able to bring CCSF into compliance, or
at least close it.
While the Commission may have believed its policies precluded its review of evidence beyond the June
7, 2013 decision to terminate, the authority of the Hearing Panel is not similarly constrained. As
discussed above, pursuant to the Appeals Procedures Manual, the Panel not only may receive evidence up
to the date of the Commission review (January 10, 2014), it may extend the time for receipt of additional
evidence even further upon a showing of "good cause."
Such an entitlement would not exist in the governing documents related to this appeal process without a
concurrent expectation that the Hearing Panel could utilize that evidence in its decision-making, and
factor it in to what is believed to be the best resolution under the authority granted to the Hearing Panel.
As earlier noted, while the Hearing Panel shares some of the apparent reservations of the Commission
whether sufficient meaningful change has occurred, there is little question that concerted efforts have
been made based upon this new grant of "extraordinary" powers to Dr. Agrella . In short, the Hearing
Panel concludes these new and different circumstances appear sufficient to support the existence of
"good cause" sufficient to justify and allow the consideration of further evidence.
The role of Agrella and others to transform CCSF from the 100,000 enrolled open access student
community college institution with high academic standards and results that it once was to the one that
exists today with less than 80,000 students and a focus on satisfying the demands of ACCJC has not been
seen by all San Franciscans as a positive change. The panel has obviously swallowed whole the ACCJC
ideology concerning what makes a great community college great. This is something that will have to be
addressed long-term as CCSF emerges from the nightmare caused by ACCJC’s actions. The following
statement by Chancellor Brice Harris sheds some further light on what has happened with regard to CCSF
and the appointment of the Special Trustee.
Declaration of Brice Harris In Support of Herrera Law Suit June 10,
2014
I, Brice Harris, declares as follows:
1. I have personal knowledge of the following facts. If called upon to testify, I could and would testify
competently to the contents of this Declaration.
5. From 2000 to 2007, I served as a commissioner for the Accrediting Commission for Community and
Junior Colleges (Commission).
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6. After assuming the duties of Chancellor I spoke with Dr. Barbara Beno, President of the Commission,
numerous times by phone, and exchanged periodic emails with her regarding the accreditation status of
City College of San Francisco (City College).
7. On May 20, 2013, Deputy Chancellor Erik Skinner and I met with Dr. Beno at Marin
Coffee Roasters in Novato, California, to discuss the accreditation status of City College. (A true and
correct copy of my calendar for May 20, 2013, showing the meeting with Dr. Beno is attached as Exhibit
2)
Note that this was before the meeting when the Commission voted to remove CCSF’s accreditation.
8. After the meeting, Dr. Beno and I scheduled several telephone calls to discuss the status of City
College. The first conversation after the May 20, 2013 meeting, occurred on May 29,
2013 and the second on June 18, 2013. (A true and correct copy of my calendar for May 29 and June 18,
2013, showing the telephone calls is attached as Exhibit 3.) After the second conversation I understood
that the Commission had terminated the accreditation of City College.
9. On June 20, 2013, Dr. Beno and I spoke again for the purpose of working out what
could be done to save City College. (A true and correct copy of my calendar for June 20, 2013, showing
the telephone call is attached as Exhibit 4.) At the conclusion of this conversation, I was clearly left with
the unambiguous impression that the only way to save City College was for Board of Governors to "take
over" the college. I was also left the impression that there was an opportunity to save City College's
accreditation, but that to do so significant work was required to bring the college into compliance with
the accreditation standards.
10. On July 3, 2013, I received the Commission's official letter terminating the accreditation of City
College effective July 31, 2014 which also advised that "The Commission may extend this date at its sole
discretion if it determines that conditions warrant such action!” (A true and correct copy of this letter is
Attached as Exhibit 5.)
11. Also, on July 3, 2013, I released a video statement entitled "City College of San Francisco’s Rescue
Plan” for the purpose of advising stakeholders and the public that I would be recommending to the Board
of Governors that they "take over'' City College by elevating the existing special trustee to a special
trustee with extraordinary powers, meaning a special trustee that has all rights, duties and powers of the
governing board of San Francisco Community College District to the full extent necessary to manage the
district. In that statement I clearly and unequivocally stated that I was doing this for the purpose of
ensuring City College would not lose its accreditation and the appointment of the special trustee with
extraordinary powers was the best plan to rescue City College.
12. After releasing the video, I received the following email from Dr. Beno,
Dear Brice:
Beautiful job. Thanks for your video statement, And for all the rest. We are staying late, watching the
various news accounts. I think generally the news is letting people know that the college may survive,
with the right leadership. I look forward to watching your efforts.
Have a good weekend. Barbara A Beno, Ph.D.
(Emphasis.added. A true and. correct copy of the email 1 received from Dr. Beno on July,
2013, is attached as Exhibit 6.)
13. Based on this email, which was consistent with all my prior conversations with Dr.
Beno, I believed that City College could maintain its accreditation - notwithstanding the
Commission's July 3, 2013 letter terminating the Accreditation of City College - if City College took
extraordinary steps to comply with the ACCJC's recommendations.
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14. On July 8, 2013, I took one of those extraordinary steps by recommending to the Board
of Governors that they elevate the existing special trustee to a special trustee with extraordinary powers
to assume the leadership of City College, I made this recommendation based on the firm and unwavering
belief that City College's accreditation would not be terminated on July 31, 2014, if the ACCJC concluded
that City College had come into substantial compliance with the accreditation standards.
15. After a lengthy meeting, with substantial public comment, on July 8, 2013, the Board of
Governors elevated the special trustee effectively setting aside City College's existing Board of Trustees.
16. Some of the public comment heard by the Board of Governors during the public meeting in which it
elevated the special trustee mistakenly indicated that action would cause City College to lose its
accreditation. Dr. Beno clarified in an email dated July 9, 2013, that indeed City College was accredited
"and has to keep accreditation." She continued to speculate that at some time in the future the Board of
Trustees of City College "will have to be reseated, or an alternative governance system (would need to
be) accepted by the commission.” (A true and correct copy of the email is attached as Exhibit 7.)
17. The clear implication was again that the Commission action terminating the accreditation effective
July 31, 2014, was not a final action and that there was an opportunity for City College to maintain its
accreditation by making improvements going forward..
18. 1 have on several occasions since the Board of Governors elevated the special trustee to one with
extraordinary powers spoken to Dr. Beno regarding the status of City College. At the conclusion of each
conversation, I firmly believed there remained an opportunity for City College to demonstrate that it had
progressed sufficiently that the Commission could, and. would, take action to permit City College to
retain its accreditation.
19. However, in November 2013, this changed. In addition to working diligently to ensure
compliance with all accreditation standards, City College was also preparing a Request for Review of the
Commission decision to terminate its accreditation. Based on advice from Dr. Bono, City College's
Request for Review focused, not on flaws in the Commission's process leading up to that decision, but on
what steps City College had taken to come into compliance with the standards since June 2012, and
especially since appointment of the special trustee in July 2013. Unfortunately, that advice worked
against us. The Request for Review was denied on the basis that the Commission could only consider
what occurred up until the decision to terminate was made by the Commission. The ruling made clear
that nothing City College had done after that decision could or would be considered.
20. Prior to the Commission's response to the Request for Review, every indication from Dr. Beno on
behalf of the Commission, was that if City College came into sufficient compliance with the standards,
City Colleges accreditation would be preserved. At no time did Dr. Beno ever guarantee that the
termination would be rescinded, as that would depend upon the amount of progress City College made,
but she very clearly indicated that there was an opportunity for City College to retain its accreditation by
making sufficient progress after June 2013.
21. If I had known on July 8, 2013, that the rules of the Commission were going to be later interpreted to
preclude consideration of any progress made by City College after June 2013, and that there existed no
opportunity to preserve the accreditation of City College once the Commission made the decision to the
decision to terminate it, I would not have asked the Board of Governors to take the extraordinary step of
setting aside the locally elected Board of Trustees and to elevated the special trustee to one with
extraordinary powers. Every signal from the Commission's President, Dr. Beno, was that there was an
opportunity to save City College, that the “college may survive, with the right leadership.” (Exhibit 6.)
I declare under penalty of perjury that the foregoing is true and correct. Executed on this 10th day of
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June, 2014 in Sacramento, California.
July 21, 2014 ACCJC Decision on Remand
And the Charade Continues
On July 21, 2014, Barbara Beno wrote to CCSF’s recently appointed Chancellor Art Tyler and Special
Trustee Robert Agrella that the ACCJC “was directed by the independent Appellate Hearing Panel to
conduct and complete as soon as reasonably practicable an evaluation of City College of San Francisco's
(CCSF) state of compliance with accreditation standards and eligibility requirements as of May 21, 2014.
The Commission conducted a review employing a format and methodology developed in accordance with
the Hearing Panel's June 12, 2014 decision. The review concluded July 18, 2014. Based upon the
evaluation of testimony and documentary evidence provided by CCSF, the Commission determined that
CCSF had not established its compliance with standards and thus, that a reconsideration of the
Commission's June 2013 action to terminate the accreditation of CCSF was not warranted. The
termination decision stands as it was made, and will be implemented in accordance with the June 2013
action.”
The decision by the Commission would not be a surprise to anyone following the so-called “independent”
appeal process of the ACCJC. The members of the panel were handpicked by the ACCJC. All had a close
relationship with the Commission. Some were former commissioners. The chair has been a speaker a
number of ACCJC events. Then the ACCJC – the very people who made the decision to take away
CCSF’s accreditation - decided that their original decision was correct up to May 21, 2014.The evidence
they relied on was presented by a lawyer appointed by the CCSF Special Trustee who was appointed by
Brice Harris - a past Commission Member and Chancellor of the California Community Colleges. Special
Trustee Agrella then chose Art Tyler as Chancellor. No new Visiting Team was used to gather the
necessary evidence.
The case presented by the new Chancellor and Special Trustee was in accordance with the demands of the
Commission and was designed not to offend the Commission. From beginning to end the entire appeal
process was a cruel deception.
The letter went on to spell out that the criteria for the sanction of closing the college after a SHOW
CAUSE sanction is different from that for other sanctions: “Because CCSF was on Show Cause, the
testimony and documentary evidence of CCSF had to demonstrate compliance with standards.
Compliance with standards is found when an institution meets or exceeds the Eligibility Requirements,
Accreditation Standards, and Commission policies.” In other words, “substantially satisfies” does not
apply in such a case as it would for all the other colleges seeking accreditation. This is clearly a double
standard of justice.
The standards “not complied with” give evidence as to what the ACCJC would decide if the college
administration was foolish enough to seek Restoration instead of going to the courts with an appeal of the
decision:
“The Commission found CCSF had not demonstrated its compliance with standards previously noted as
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deficient in:
I.B
Improving Institutional Effectiveness
II.A Instructional Programs
II.B Student Support Services
II.0 Library and Learning Support Services
III.B Physical Resources
III.0 Technology Resources
III.D Financial Resources
IV.B Board and Administrative Organization”
No further detail was provided.
It is clearly unlikely that the College could change the Commission’s mind over the next few weeks - a
period in which the college was mostly not in regular session. Given past practice, it is a safe bet that the
Commission would decide that the college did not reasonably have a chance of being completely in
“compliance” by July 31, 2014 and thus reject the appeal for Restoration Status.
To add to the insult to CCSF, its students, its employees, and the people of San Francisco the Commission
claimed that not only did CCSF not comply but “nevertheless, the CCSF did not establish substantial
compliance with standards.” All this without any evidence other than that supplied by the tainted CCSF
administration.
The CCSF case was so lamely prepared that the ACCJC was able to state that “CCSF's evidence indicated
it would take more than a year to achieve compliance in a number of these areas including adequate
student and learning support services at each Center, data analysis capability, internal control systems,
and finance.” This is the work of the Special Trustee and his appointed administrators. The elected Board,
if so empowered - could certainly have more successfully defended its college from the wrath of ACCJC.
Of course the Commission, in an attempt to save itself from legal action, notes that “In accordance with
Commission policy, there is one additional administrative remedy available to the College before the
termination action is considered final: restoration status. CCSF must submit its application for
restoration status by July 31, 2014, the effective date set by the Commission in its June 2013 decision to
terminate accreditation.”
The letter ends with “Upon receipt of an application for restoration status, the Commission staff will work
to expeditiously review the application letter and Eligibility Report, so that scheduling of the restoration
status comprehensive evaluation visit can take place without delay.” Of course they leave out the part
about not going forward at all if, in their opinion, there is no reasonable chance of being successful within
the given time line.
Letter from ACCJC Accepting Restoration Status
On July 30, 2014, Barbara Beno wrote to Dr. Robert Agrella (Special Trustee) and Dr. Arthur Q. Tyler
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(Chancellor City College of San Francisco) informing them that ACCJC had accepted CCSF’s application
for restoration. The letter noted that the acceptance was based on the amended Eligibility Report that had
responded to input from Commission staff “about a small number of items that needed further
clarification in order for the Eligibility Report to be complete.”
The letter from Beno stated that “The updated Eligibility Report has been reviewed by Commission staff.
The staff review determined that CCSF has addressed all elements of the Eligibility Requirements, setting
forth CCSF's compliance with those requirements.”
“Verification of the facts and evidence within the Eligibility Report will be undertaken as a part of the onsite comprehensive restoration status evaluation.”
The letter than offered advice in submitting their evidence which included that citations of specific
references be provided including links to the specific sections referenced, appropriate quotes be included,
and links should open “reliably.”
The CCSF letter of July 28, 2014 had raised a number of concerns. Some of these concerns were
addressed in Beno’s letter. The letter made clear that CCSF remained accredited during the period of
review (pending termination). “Upon a successful completion of the comprehensive restoration status
evaluation, the college will be accredited, on restoration status.” Restoration status was limited to two
years.
The letter makes clear that CCSF will not be evaluated on the same basis as other colleges although the
fall 2014 comprehensive evaluation will be performed under 2002 Eligibility Requirements and
Accreditation Standards. The review will be based on the standards as applied to colleges on Show Cause.
As explained by Beno the double standard works this way: “Compliance with standards means that an
institution meets or exceeds the Eligibility Requirements, Accreditation Standards, and Commission
policies. By comparison, substantial compliance with standards (the standard for colleges in good
accreditation standing to attain reaffirmation of accreditation) means that an institution meets or exceeds
the Eligibility Requirements, Accreditation Standards, and Commission policies but for a few
deficiencies which can be fully resolved in a short period, generally six to twelve months.” In short, the
ACCJC will continue colleges on accreditation on one basis and end accreditation on a harsher basis. This
makes no sense at all.
Beno notes that “In the event that restoration status is awarded, then the comprehensive evaluation two
years later will utilize the 2014 Eligibility Requirements and Accreditation Standards. Member
institutions are also required to maintain currency with policies of the Commission. Notifications of
policy changes are distributed to the field, generally twice per year.”
Beno then attempts to explain why no appeal is allowed under the Restoration policy. In short, “no
additional review and appeal are granted during the restoration process.” The college will be allowed
to submit errors made in the draft team report and address the Commission in secret session (without the
knowledge of what is being recommended by the Visiting Team) - a process that in the past has proved to
be useless.
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CCSF was given three months to finalize its self evaluation report and “the restoration status is a remedy
that falls within a short window of time, and the self evaluation report must be finalized in the allotted
period.”
Contrary to what happened when the Commission took away the accreditation status at Compton College,
“the existence of a Special Trustee with Extraordinary Powers (SWEP) will not disqualify an institution
from meeting Eligibility Requirement 3. Of course, the SWEP must demonstrate compliance with
standards. Moreover, as the SWEP is inherently a temporary position, compliance with standards during
any transition of power to an elected governing board in the restoration period will be important for the
college to demonstrate.”
Beno makes clear that the comprehensive evaluation will need to evaluate “both the college's current
compliance with standards, and its ability to achieve and/or maintain compliance with the Eligibility
Requirements, Accreditation Standards, and Commission policies within a two year restoration period.”
The ACCJC has not yet developed a manual for restoration but “a short manual describing differences in
process particular to restoration status comprehensive evaluations will be prepared and presented to
CCSF in the next few weeks.” No mention of how this will affect the required timeline was not included.
The week of November 16, 2014 will be used for the comprehensive evaluation visit and to an October
15, 2014 due date was established for the self evaluation report.
And so it goes.
June 2014 Sanctions – Inconsistent Results
Inconsistent Application of Sanctions - June 2014
college
Ohlone College
Moreno Valley College
Lassen Community
College
Norco College
L.A. Mission College
Barstow College
Orange Coast College
Number of
"Deficiencies"
Cited
Sanction
20 Reaffirm Accreditation
17 Reaffirm Accreditation
7 Reaffirm Accreditation
16 Reaffirm Accreditation
Remove Warning and Reaffirm
14 Accreditation
Remove Warning and Reaffirm
0 Accreditation
Remove Warning and Reaffirm
3 Accreditation
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Coastline College
L.A. Southwest College
Cerritos College
West Valley College
Golden West College
L.A. Valley College
Hartnell College
Evergreen Valley College
San Jose City College
Victor Valley College
Palo Verde College
Remove Warning and Reaffirm
3 Accreditation
Remove Warning and Reaffirm
0 Accreditation
6 Warning
15 Warning
25 Continue on Warning
5 Continue Warning
34 Remove Probation, Issue Warning
2 Probation
2 Probation
7 Probation
27 Probation
June 2014 ACCJC Sanctions
Back to the Same Old Belligerent Ways and Still Inconsistent Application
A Picture of an Agency that is OUT OF CONTROL
There are various conditions imposed on colleges with full accreditation as can be seen in a number of
cases below. In some cases it appears to be better to receive a warning than to receive a full accreditation.
It also seems clear that it is not a good idea to write up proposed improvements that a college hopes to
make as the college may find itself under the gun to make such improvements. The most serious
violations now appear to relate to SLOs and governing board operations – they seem to get the harshest
sanctions.
The Department of Education found the ACCJC lacking in a variety of areas including: must provide
documentation to demonstrate that it has fully implemented its revised policies to demonstrate that the
agency clearly delineates between areas of non-compliance and areas for improvement and the agency
must provide documentation to demonstrate that it provides the institution with a detailed written report
that clearly identifies any deficiencies in the institution's compliance with the agency's standards.
[§602.18(e)].
The Commission continues to be unclear in its distinction between what change is required and what
change is just a suggestion for improvement. It also continues to have a lack of a sufficient number of
faculty members on Visiting Teams. The Commission continues to direct colleges to make improvements
that bring them beyond the minimum of what standards require.
Los Angeles Valley College - Continue Warning
In a letter to Interim President Alma Johnson-Hawkins signed by Barbara Beno the Commission reported
that the Commission took action to continue Warning for Los Angeles Valley College “and require the
College to submit a Follow-Up Report by March 15, 2015 demonstrating full resolution of College
Recommendation 8 as noted below. The Report will be followed by a visit of Commission
representatives.”
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In this letter there was no mention of “substantial compliance” - language that was used in many of the
January 2014 letters to colleges. Krista Johns from the ACCJC explained, via e-mails to myself and others
in response to inclusion of “substantial compliance” in the new Restoration Policy, that “The standard of
compliance for an institution which has been on Show Cause (and an institution which has had
accreditation terminated) is compliance with standards, meaning that the institution meets or exceeds the
standards. This is different than the standard of compliance for accredited institutions in good standing
to gain reaffirmation, which is substantial compliance (meaning the institution meets or exceeds the
standards but for a few deficiencies which can be fully resolved in a short period, generally six to twelve
months).”
Although Johns does not mention it, the two different standards of compliance may also apply to those
who are under some sanction (such as L.A. Valley College).
The Visiting Team for L.A. Valley College consisted of three administrators and no faculty
representation. This is a direct violation of U.S. Department of Education requirements.
“College Recommendation 8: To fully meet the Standards, the college should establish appropriate
management and control mechanisms needed for sound financial decision-making. The institution should
ensure that it has sufficient cash flow and reserves to maintain stability with realistic plans to meet
financial emergencies and unforseen occurrences and ensure long-term financial stability. The team
recommends that the President effectively control budget and expenditures (Standards III.D, III.D.2.c,
IV.B.2, IV.B.2.a, IV.B.2.d).”
Clearly the Commission does not recognize the workings of a multi-campus district. The reserves are at
the District level and the Los Angeles Community College District has sufficient reserves to cover any
cash flow issues or unforseen occurrences at its colleges.
Los Angeles Mission College - Remove Warning and Reaffirm Accreditation
Can an Agency have a Split Personality?
The July 3, 2014 letter from Barbara Beno began with: “The Accrediting Commission for Community and
Junior Colleges, Western Association of Schools and Colleges, at its meeting June 4-6, 2014, reviewed
the Follow-Up Report submitted by Los Angeles Mission College, the Report of the Evaluation Team that
visited Thursday, April 24-Friday, April 25, 2014, and the presentation by College representatives. The
Commission took action to remove Warning and reaffirm accreditation.” So L.A. Mission College is now
in the clear?
Beno writes that “Los Angeles Mission College has provided evidence, and the team verified, that it has
addressed Recommendations 1, 3, 4, 6, 8, 10, 11, 12, and 13, resolved the deficiencies, and now meets the
Standards cited in those recommendations.” So the college has not met the requirements for
Recommendations 2, 5, 7, 9, and 14? But received full accreditation standards without a sanction? We see
this situation in a number of cases.
Now the Wicked Witch of the West steps up to confirm the change of direction. “The Commission also
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took action to require the College to submit a Follow-Up Report by March 15, 2015. The Report should
demonstrate that the College has addressed Recommendations 2, 5, 7, 9, and 14 as noted below, resolved
the deficiencies and now meets associated Eligibility Requirements and Standards.”
The truth seems to be that getting a “reaffirm accreditation” is not enough, a college must also address socalled “deficiencies.” This appears to be an example of one of the items the U.S. Department of Education
cited ACCJC for - not having a clear distinction between what is required and what is merely a
suggestion.
“The Commission found Los Angeles Mission College remains deficient in meeting the following
Accreditation Standards: I.B; I.B.2; I.B.6; II.A; II.A.1.c; II.A.2; II.A.2.d; II.B; II.B.1; II.B.3; II.B.3.c;
II.B.4; IV.A.5; and IV.B.2.a.”
“Recommendation #2: To meet the Standards, the team recommends the college assess the achievement
and learning outcomes for each of the past five years by programs and the college, set standards for
student success including student achievement and student learning, accelerate its efforts to assess
outcomes in all courses, programs, degrees and certificates and assess how findings have led to improved
student learning and the achievement of the college mission, and widely distribute the results so they may
be used as the basis for all constituent groups to engage in self-reflective dialog about the continuous
improvement of student learning and institutional processes. (I.B; II.A; II.B; I.B.2; I.B.6; II.A.1.c; II.A.2;
ER 10)
Recommendation #5: To meet the Standards, the team recommends the college adopt mechanisms for
assessing: student learning styles and needs, the alignment of instructional delivery and pedagogical
approaches with student learning styles and needs, and how instructional delivery and pedagogical
approaches are related to achievement of student learning outcomes. (II.A.2.d)
Recommendation #7: To meet the Standards, the team recommends the college undertake an overall
assessment of its student support service offerings to determine the full scope of services it needs to offer
to meet the diverse needs of its students as well as all federal and state requirements. The assessment
should also determine the level of staffing needed to deliver an acceptable level of services based on its
budgeted student enrollment, and develop the resources needed to employ the staff required to deliver the
planned services. (Il.B.1; ER 14)”
“Recommendation #9: To meet the Standards, the team recommends the college ensure that all student
support programs, including counseling for distance education students, are actively engaged in the
program review and outcomes assessment process to determine how they contribute to the institutional
student learning outcomes. All of the student services programs and services should complete a full cycle
of review and assessment which includes gathering of data, analysis of data, implementation of program
changes for improvement and the re-evaluation of implemented improvements. (II.B.3; II.B.3.c; and
II.B.4)
Recommendation# 14: To meet the Standards, the team recommends the college undertake an evaluation
of its collegial governance and decision-making processes, as well as the overall effectiveness of the
current administrative structure, and that it widely communicate the results of these evaluations and uses
them as the basis for improvement. (IV.A.5; IV.B.2.a)”
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Just as in other letters to the colleges, the letter to L.A. Mission includes some boiler plate language
regarding a college’s need to satisfy all requirements:
“Under U.S. Department of Education enforcement regulations, the Commission is required to take
immediate action to terminate the accreditation of an institution which is out of compliance with any
standard. In the alternative, the Commission can provide the institution with additional notice and a
deadline for coming into compliance that is no later than two years from when the institution was first
informed of the noncompliance. In exceptional situations, if the institution has done all within its
authority to reach compliance on any standard but remains out of compliance, the Commission is
permitted by regulations to allocate a one-time, short-term "good cause extension" for the college to
reach compliance prior to acting on the institution's termination.
However, continued noncompliance with multiple standards would diminish the
appropriateness of such an extension.”
So where does L.A. Mission stand in regard to a two-year rule when it just received full
accreditation without a sanction?
I guess the answer is contained in the sentence that “Los Angeles Mission College should fully resolve
the noted deficiencies by March 2015.” Should or Must? That is an important question which is not
made clear based on the vague language of the letter. But the hammer is in the next paragraph:
“Institutions are expected to meet Eligibility Requirements, Accreditation Standards, and Commission
policies at all times during the six-year review cycle. Los Angeles Mission College must demonstrate to
the Commission at the time of the next regularly scheduled report that the recent changes implemented
to resolve deficiencies and meet Eligibility Requirements and Standards have been sustained. Los Angeles
Mission College will submit its Institutional Self Evaluation of Educational Quality and Institutional
Effectiveness in preparation for the comprehensive review in March 2016. Please note that the
comprehensive evaluations will be based upon Accreditation Standards adopted in June 2014.”
And so it goes.
Barstow Community College - Remove Warning and Reaffirm Accreditation
The June 3, 2014 letter from Beno stated that “The Accrediting Commission far Community and Junior
Colleges, Western Association of Schools and Colleges, at its meeting June 4-6, 2014, reviewed the
Follow-Up Report submitted by Barstow Community College and the report of the evaluation team that
visited Tuesday, March 25-Wednesday, March 26, 2014. The Commission took action to remove Warning
and reaffirm accreditation.”
Barstow Community College provided evidence, and the team verified, that the College has addressed
Recommendations 2 (distance education), 3 (student learning outcomes), 4 (planning), and 13 (dialogue
on institutional effectiveness) as required in the Follow-Up Report. The College resolved the deficiencies,
and has demonstrated that it now meets the associated Accreditation Standards (I.B, I.B.2-7, II.A.1.a-c,
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II.A.2.a, d, e, III.A.5.a, b, III.A.6, III.B, and III.D.3). The College also provided evidence, which the team
verified, that it has satisfied the requirements of Recommendations 6 (review of board policies and
procedures) and 9 (review of contracts) and meets Standards III.D.2f, IV.A and IV.B.
I guess this is an example of a clean accreditation with no further demands.
Ohlone College - Reaffirm Accreditation
The July 3, 2014 letter from Beno stated that “The Accrediting Commission for Community and Junior
Colleges, Western Association of Schools and Colleges, at its meeting on June 4-6, 2014, reviewed the
Institutional Self Evaluation Report and the Report of the External Evaluation Team that visited Ohlone
College March 10-13, 2014. The Commission took action to reaffirm accreditation with the requirement
that the College complete a Follow-Up Report to be submitted by March 15, 2015.”
“Reaffirmation with a Follow-Up Report is granted when the institution is found to substantially meet or
exceed the Eligibility Requirements, Accreditation Standards and Commission policies but has
recommendations on a small number of issues of some urgency which should be addressed in a short
period of time. The Report should demonstrate that the institution has addressed the recommendations
noted below, resolved the deficiencies, and meets Accreditation Standards.”
Another twist in what “accreditation” means.
Under the title of “Need to Resolve Deficiencies” the letter states that the: “Commission found Ohlone
College deficient in meeting the following Eligibility Requirement and Accreditation Standards:
Eligibility Requirement 10; Standards I.B.1-6; II.A.1.c; II.A.2.a, b, f, g, h, i; II.A.5; II.A.6; II.B.1;
II.B.3; II.B.3.a; II.B.3.c; II.B.3.d; II.B.3.e; II.B.4; III.A.1.c; and IV.B.2.”
“Recommendation 1: In order to meet the standards, the team recommends that the College complete the
process to develop institution-set standards for student learning and achievement and to use those
standards to systematically improve student learning and achievement and learning within the College.
(Standards I.B.1-6, II.A.1.c, II.A.2.a, b, f, g, h, i, II.A.5, 11.A.6, 1V .B.2, ER 10 — Student Learning and
Achievement)
Recommendation 2: In order to meet the standards, the team recommends the College develop and
implement a data-driven plan to provide appropriate, comprehensive, and reliable support services to
students regardless of service location or delivery method; and develop and
implement program-level student achievement data that assures the quality of all student support services
and demonstrates that these services support student learning and enhance the achievement of the
mission of the institution. (Standard II.B.1, II.B.3, II.B.3.a, II.B.3.c, II.B.3.d, 11.13.3.e, II.B.4)
Recommendation 3: In order to meet the standard, the team recommends that faculty and others directly
responsible for student progress toward achieving stated learning outcomes include, as a component of
their evaluation, effectiveness in producing those learning outcomes. (Standard III.A.1.c.)”
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“Ohlone College should fully resolve the noted deficiencies by March, 2015.”
As in some other college letters in the past, Ohlone College is not only required to meet standards but
actually move beyond the standards. As explained in the letter: “Recommendations have been made for
Ohlone College to improve institutional effectiveness. Recommendations for improvement may be made
to highlight areas for continuing or expanding excellent practices. Recommendations for improvement
may also be made when an institution is currently in compliance with Standards, but additional levels of
effort should be demonstrated in the future. In the Commission's experience, these recommendations may
provide indicators of possible future noncompliance if left unattended by the institution. The College
should plan to fully address all improvement recommendations in the Midterm Report.”
On the basis of the Commission’s belief that they can see into the future, a college is thus forced to take
extra efforts beyond what is required for the current satisfaction of standards. More busy work is
thus piled on by the Commission.
“Recommendation 4: In order to improve institutional effectiveness, the team recommends that the
college develop and implement data-driven, systematic follow-up procedures that communicate quality
assurance to the entire campus community on college planning, program review, unit planning and
resource allocation processes. The team further recommends that the college include evaluation of these
follow-up procedures as part of the annual evaluation of planning processes. (Standard I.B.4, I.B.6, I.B.7,
III.A.6, III.B.2.a, III.B.2.B, III.C.2,III.D.4, IV.B.2.b)
Recommendation 5: In order to improve institutional effectiveness, the team recommends that the cost of
regularly replacing and updating library and learning resources be institutionalized in the College's
budget rather than relying on one-time funding and/or donations. (Standard II.C.1)
Recommendation 6: In order to improve institutional effectiveness, the team recommends the
coordination of all tutorial services incorporating mandatory tutor training, faculty outreach and referral
processes, tracking of sessions and an assessment of the effectiveness of the services. (Standard II.C.2)
Recommendation 7: In order to improve institutional effectiveness, the team recommends that the
College continue to work on implementing, the staffing, plan in order to ensure a sufficient number of
full-time faculty to support all of the College's educational programs and services. (Standard III.A.2, ER
13 - Faculty).
Finally the Commission actually addressed the need for more full-time faculty!
Hartnell College - Remove Probation, Issue Warning
On March 18-21 a four member Visiting Team including two administrators and two faculty members
visited Hartnell College. Subsequently Barbara wrote a letter dated July 3, 2014 in which she wrote “The
Accrediting Commission for Community and Junior Colleges, Western Association of Schools and
Colleges, at its meeting June 4-6, 2014, reviewed the Follow-Up Report submitted by Hartnell College
and the Report of the Evaluation Team that visited Friday, April 25, 2014. The Commission took action to
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remove Probation, issue Warning, and require the College to submit a Follow-Up Report by March 15,
2015. The Report will be followed by a visit by Commission representatives.”
“The Commission found that Hartnell College has addressed Recommendations 1, 6, 8, 10, and 12,
resolved the deficiencies, and now meets Eligibility Requirement 5, and Standards I.A; I.A.3; II.C.1.e;
III.A.2; III.A.3.a; III.A.6; III.D; IV.B; IV.B.1.a-j; and IV.B.2.a-e as they pertain to these
recommendations.”
As is often the case, the letter spells out the Commission unproven belief that “Deficiencies in any
Standards will impact quality at an institution, and ultimately the educational environment and
experiences of students.” This is the core basis for sanctioning, even up to the taking away of
accreditation, a college based on some very minor failure to fully address one of the standards to the
satisfaction of the Commission. This is something that deserves attention at the national level.
“The Commission found Hartnell College deficient in meeting the following Eligibility Requirements and
Accreditation Standards: Eligibility Requirements 10 and 19, and Standards I.B.1,2,3,4,5,6,7; II.A.1.c;
II.A.2.a,b,e,f,g,h,i; II.A.3; II.B.1; II.B.3; II.B.3.a,c,d,e,f; II.B.4; II.C; II.C.1; II.C.1.a; II.C.1.c; III.A.1.b, c;
III.A.2; III.A.3.a; III.A.5.a; III.B.2.b; III.C.2; III.D.1; III.D.1.a, b, d; III.D.2.b,e; IIID.3; IIID..3.h;
IV.A.2:, and IV.A.2.a from the College recommendations 2, 3, 4, 5, 7, 9, and 11, written to meet
Standards.”
“The Follow-Up Report should demonstrate that the College has addressed the recommendations noted
below, corrected the deficiencies, and now meets Eligibility Requirements and Accreditation Standards.
Recommendation 2. As previously noted in Recommendations 1, 2, and 3 in the 2007 Comprehensive
Team Report and in order to meet the Eligibility Requirements and the Standards, the team recommends
that the College develop a. comprehensive integrated planning process that includes participatory
governance and meets both the strategic and annual needs of the College. The team further recommends
that all institutional plans of the College (e.g., budgeting, technology, Student Services) be linked to its
planning process and that the outcomes of these processes be regularly communicated to all college
constituencies. The team further recommends that budget planning and allocation of resources inform
financial projections. (Eligibility Requirement 19, Standards I.B.1; I.B.2; I.B.3; I.B.4; I.B.5; II.B.1;
II.B.3; II.13.3.a,c,d,e,f ; II.B.4; III.C.2; III.D.1; III.D.1.a, d; III.D.2.b; III.D.3)
Recommendation 3. As previously noted in Recommendation 3 in the 2007 Comprehensive Team Report
and in order to meet the Standards, the team recommends that the College develop a regular systematic
process for assessing its long term and annual plans, as well as its planning process, to facilitate
continuous sustainable institutional improvement. The team further recommends that the college
systematically review effectiveness of its evaluation mechanisms. (Standards I.B.6; I.B.7)
Recommendation 4. As previously stated in Recommendation 4 by the 2007 Comprehensive Evaluation
Team, to meet Eligibility Requirement 10, and in order to meet the Standards, the team recommends that
the College fully engage in a broad-based dialogue that leads to the identification of Student Learning
Outcomes at the course and program levels, and regular assessment of student progress toward
achievement of the outcomes. The team further recommends that, in order to meet the standards, the
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College develop student learning outcomes and assessment that is ongoing, systematic, and used for
continuous quality improvement, where student learning improvement in all disciplines is a visible
priority in all practices and structures across the College. The team further recommends that training be
provided for all personnel in the development and assessment of learning outcomes at the course,
program, institution and service levels. The team further recommends that faculty teaching online be
evaluated regularly and that assessment of student learning be measured regularly for online students.
(Eligibility Requirement 10; Standards II.A.1.c; II.A.2.a; II.A.2.b; II.A.2.e; II.A.2.f; II.A.2.g; II.A.2.h;
II.A.2.i; II.A.3)
Recommendation 5. In order to meet the Standard, the team recommends the College create an
evaluation and assessment process for the library and support services that is integrated with the
college's program review processes, and that includes an assessment of the process for integrating library
acquisitions into circulation in a timely manner and how the needs for staffing, maintenance, and
technology support are addressed. The team further recommends that the College create a process to
evaluate the impact of minimal library and learning support services at the King City Education Center
and Alisal Campus to assure the sufficient availability of library and support services, including better
up-to-date counseling online. (Standards II.B.1; II.B.3; II.B.3.a,c,d,e,f ; II.B.4; II.C;II.C.1; II.C.1.a;
II.C.1.c)
Recommendation 7. In order to meet the Standard, the team recommends that the College ensure that
evaluation processes and criteria necessary to support the college's mission are in place and are
regularly and consistently conducted for all employee groups. The team further recommends that
professional learning opportunities be formally and regularly offered to all employee groups to ensure
equity in employee development opportunities. The team further recommends that faculty and others
responsible for learning have as a component of their evaluation effectiveness in producing those student
learning outcomes. Use the results of employee evaluations as a basis for continuous improvement.
(Standard III.A.1.b, c; III.A.2; III.A.3.a; III.A.5.a)
Recommendation 9. In order to meet the Standards, the team recommends that the College ensure that
program review processes are ongoing, systematic, and used to assess and improve Student learning, and
that the College evaluate the effectiveness of its program review processes in supporting and improving
student achievement and student learning outcomes. The team further recommends that the institution:
51.
Review and refine its program review processes to improve institutional effectiveness.,
52.
Use the results of program review to clearly and consistently link institutional planning processes
to resource allocation, including physical resources. (Standards III.B.2.b III.D.1.a, b; III.D.2.e; III.D.3.h)
Recommendation 11. To fully meet the Standards, the team recommends that the College implement and
evaluate a governance model and establish a key participatory governance group to provide an avenue
for meaningful input into decision-making including but not limited to resource allocation. (Standard
IV.A.2; IV.A.2.a)”
Moreno Valley College - Reaffirm Accreditation
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The July 3, 2014 letter from Beno stated that “The Accrediting Commission for Community and Junior
Colleges, Western Association of Schools and Colleges, at its meeting on June 4-6, 2014 reviewed the
Institutional Self Evaluation Report and the Report of the External Evaluation Team that visited Moreno
Valley College March 3-6, 2014. The Commission took action to reaffirm accreditation with the
requirement that the College submit a Follow-Up Report by October 15, 2015. The Report will be
followed by a visit by Commission representatives.”
“Reaffirmation with a Follow-Up Report is granted when an institution is found to substantially meet or
exceed the Eligibility Requirements, Accreditation Standards, and Commission policies, but has
recommendations on a small number of issues which should be resolved in a short period of time. The
Report should demonstrate that the institution has addressed the recommendations noted below, resolved
the deficiencies, and now meets Accreditation Standards.”
“The Commission found Moreno Valley College deficient in meeting the following Accreditation
Standards: I.B.2, I.B.3, I.B.6, I.B.7, II.A.2.a, II.A.2.b, II.A.2.e, II.A.2.f, III.A.2, III.A.6, III.B.2.a, III.B.2.b,
III.C.2, III.D.1.a, III.D.1.c, III.D.3.c, and III.D.4 from the following College and District
recommendations written to meet Standards.” In this case there are not only campus issues but district
issues as well.
Note that the following are phrased as “recommendations” - not as requirements.
“Recommendation 1
In order to meet the Standards, the team recommends that the College further articulate its goals and
objectives in measurable terms, and assess progress toward achieving its goals systematically and on a
regular cycle. (Standards I.B.2, I.B.3)
Recommendation 2
In order to meet the Standards, the team recommends that the College assess its planning and program
review processes to ensure an ongoing and systematic cycle of evaluation, integrated planning, resource
allocation, implementation, and re-evaluation. (Standards I.B.6, I.B.7. III.A.6, III.B.2.b, III.C.2, III.D.4)
Recommendation 3
In order to meet the Standards, the team recommends that the College regularly assess learning outcomes
for all courses and programs and include analysis of learning outcomes results in institutional planning
processes. (Standard II.A.2.a, II.A.2.b, II.A.2.e,
Recommendation 4
In order to meet the Standard, the team recommends that course outlines of record for CTE courses be
made current and a process be developed to ensure a continuous cycle of review for relevance,
appropriateness, and currency. (Standard II.A.2.e)
Recommendation 5
In order to meet the Standards, the team recommends that the College develop long-term financial plans
that take into account enrollment management plans, capital replacement schedules, human resources
staffing plans, and existing facilities and technology master plans, and consider these when making short-
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term financial and programmatic decisions. III.B.2.a, III.C.2, III.D.1.a, III.D.1.c)
District Recommendation 1
In order to meet Standards, compile the various completed elements of technology planning into an
integrated, comprehensive district technology plan that is accessible and transparent, including a disaster
recovery plan and a plan to refresh aging and outdated technologies. Insure that the district technology
plan is based on input from the colleges and is in alignment with college planning processes. (Standards
I.B.6 and III.C.2)
District Recommendation 2
In order to meet the Standard, implement a plan to fund contributions to the District's other postemployment benefits (OPEB) obligation. (Standard III.D.3.c).”
The funding of OPEB is not required except by the ACCJC. In this way they are forwarding their own
policy which is better addressed by other requirements.
Instead of a two-year rule, we have a less-than-a-year rule: “The Commission notes that the deficiencies
cited in College Recommendations 1-5 and District Recommendations 1-2 were first identified in June
2014. Moreno Valley College should fully resolve the noted deficiencies by October 2015.”
In addition to the above, “A Recommendation has also been made for Moreno Valley College to improve
institutional effectiveness. Recommendations for improvement may be made to highlight areas for
continuing or expanding excellent practices. Recommendations for improvement may also be made when
an institution is currently in compliance with Standards, but additional levels of effort should be
demonstrated in the future. In the Commission's experience, these recommendations may provide
indicators of possible future noncompliance if left unattended by the institution. The College should plan
to fully address all improvement recommendations in the Midterm Report.” The Commission is
demanding changes beyond those required under their standards!
“Recommendation 6
In order to increase effectiveness, the team recommends that the College analyze available data for all
programs and integrate this analysis into their program review and systematic planning cycle to ensure
that all students receive equitable services. (Standards II.B.1, II.B.3, II.B.4)
During its institutional self evaluation, Moreno Valley College identified improvement plans for
advancing its continuous improvement efforts. The Commission suggests that those plans for
improvement be taken into account as the College continues into the next accreditation cycle. In is
Midterm report, the College should address steps undertaken in those improvement areas.”
Orange Coast College - Remove Warning and Reaffirm Accreditation
The July 3, 2014 letter from Beno to Orange Coast College stated that “The Accrediting Commission for
Community and Junior Colleges, Western Association of Schools and Colleges, at its meeting June 4-6,
2014, reviewed the Follow-Up Report submitted by Orange Coast College and the Report of the
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Evaluation Team that visited Tuesday, April 8-Wednesday, April 9, 2014. The Commission took action to
remove Warning and reaffirm accreditation with a requirement that the College submit a Follow-Up
Report by March 15, 2015. The Follow-Up Report should demonstrate that the College has addressed
District Recommendation 2, resolved the deficiencies, and meets Standards. These findings of deficiencies
and team recommendations were made in 2013.”
“The Commission found Orange Coast College remains deficient in meeting the following
Accreditation Standards: IV.B.1.j, IV.B.3.a, IV.B.3.g from District recommendations.
District Recommendation 2: To meet the Standards, and as recommended by the 2007 team, the team
recommends that the Board and district follow their policies regarding the delegation of authority to the
Chancellor for effective operation of the district and to the college presidents for the effective operation
of the colleges. Further, the team recommends that the district develop administrative procedures that
effectively carry out delegation of authority to the Chancellor and the college presidents. (Standards
1V.B.1.j, IV.B.3.a, IV.B.3.g)”
As the Commission has done in the past, it is intruding on the legal rights of a governing board substituting its values for the values of the publically elected board.
“Orange Coast College should fully resolve the remaining deficiencies by March 2015.”
“In its March 2014 Follow-Up Report, Orange Coast College has provided evidence., and the team
verified, that it has addressed District Recommendations 1 (student learning outcomes and faculty
evaluation), 3 (board self evaluation), and 4 (review of board policies) and Commission
Recommendations I (board employees) and 2 (distance education), resolved the deficiencies, and meets
Standards III.A.I.c; IV.B.1.e, and g; and IV.B.3.a and b, and the Commission Policy on Distance
Education and on Correspondence Education.”
Coastline Community College - Remove Warning and Reaffirm Accreditation
Coastline Community College received basically the same letter as that to its sister college of Orange
Coast College.
Evergreen Valley College - Probation
The July 3, 2014 letter from Beno to the college stated: “The Accrediting Commission for Community and
Junior Colleges, Western Association of Schools and Colleges, at its meeting June 4-6, 2014, reviewed
the Follow-Up Report submitted by Evergreen Valley College. The Follow-Up Report was certified by
district and college leadership, including the president of the governing board, the chancellor, the college
president, and leaders of the faculty, staff, and student organizations.
The Commission took action to impose Probation and require the College to submit a Follow-Up Report
by March 15, 2015. The Report will be followed by a visit by Commission representatives.”
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“The Report should provide evidence that Standard III.A.1.c and Eligibility Requirement 21 are met. The
Commission notes that 2010 Recommendation 2 required the College to come into compliance with
Standard III.A.1.c; however, the district and the institution only began to partially address compliance
with this Standard in Spring, 2014 by planning to implement a three-year pilot program. For this reason,
the College is also out of compliance with Eligibility Requirement 21.”
“Evergreen Valley College should have fully resolved the noted deficiency by fall 2012; however,
reflecting the steps that have been completed, the institution's time to resolve this issue has been extended
for good cause. This extension is for a limited period of time and may not be extended. The Commission
expects that the college will fully address the recommendation, resolve the existing deficiency, and come
into compliance with Eligibility Requirement 21 and Accreditation Standard III.A.1.c by March 2015.”
Accreditation Standard III.A.1.c referenced is from the previous version of the Standards, It reads
“Faculty and others directly responsible for student progress toward achieving stated student learning
outcomes have, as a component of their evaluation, effectiveness in producing those learning outcomes.”
This is a prime example of the Commission interfering with collective bargaining. It stands out as an
example of the Commission using force to get a district to succumb to its version of what evaluation of
faculty should include. It is also an example of how seriously ACCJC takes the heavily disputed value of
the Student Learning Outcomes. SLO’s do not have the endorsement of the majority of the faculty in
the state. It is thus necessary for ACCJC to use a heavy hand in order to get faculty to use this approach.
San Jose City College - Probation
The San Jose City College was essentially the same as its sister college Evergreen Valley College.
Cerritos College - Warning
The July 3, 2014 letter from Beno stated that “The Accrediting Commission for Community and Junior
Colleges, Western Association of Schools and Colleges, at its meeting on June 4-6, 2014, reviewed the
Institutional Self Evaluation Report, the Report of the External Evaluation Team that visited Cerritos
College March 3-6, 2014, and the presentation by College officials.
The Commission took action to issue Warning with the requirement that the College complete a FollowUp Report by March 15, 2015 addressing the three recommendations noted below.”
“The Report will be followed by a visit of Commission representatives and should demonstrate that the
College has addressed the recommendations, resolved the deficiencies, and now meets Standards.”
“The Commission found Cerritos College deficient in meeting the following Accreditation
Standards: II.A.2.f, IV.A.2.a, IV.A.3, IV.B.1.e, IV.B.1.f, IV.B.1.g.
Recommendation #2: Degree and Certificate Outcomes
In order to meet the standard, the team recommends the college establish program student learning
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outcomes for all degrees and certificates, assess student achievement of the program student learning
outcomes, and use the results of the assessment to make improvements to the programs. (II.A.2.f)
Recommendation #3: Leadership and Governance
In order to meet the standard, the team recommends the members of the governing board demonstrate
compliance with their policies on the appropriate roles of the Board and the Superintendent/President,
the requirements of Standard IV, and adopted Board Policies 2410, 2040, 2510, 2200, 2430,
Administrative Procedure 2410, and the Shared Governance Handbook. (IV.A.2.a, IV.A.3, IV.B.1.e)
Recommendation #4: Board Development
In order to meet the Standards, the Board should, through its behavior and actions, demonstrate
compliance with Board policies and Accreditation Standards. (IV.B.1 .f, IV.B.1.g)
With regard to Recommendations 3 and 4 above, the Commission recognizes the achievements under the
leadership of the new president; however, interference by the Board of Trustees' majority has placed the
College in jeopardy. The district has provided numerous trainings for Board members, but their behavior
remains unchanged. The behavior of the Board must align with Eligibility Requirements, Accreditation
Standards, and Commission policies, and in accordance with its own policies and state laws.”
Once again we see the Commission interfering in the operation of the elected governing board. The
question should not be whether the governing board is following the restricting policies of the
Commission but rather whether the governing board is acting consistent with state laws. The Commission
policies are contrary to the freedom of speech laws in this country.
“Cerritos College should fully resolve the noted deficiencies by March 2015.”
The Commission also made recommendations to “improve institutional effectiveness” - in other
words, to go beyond the standards.
“Recommendation #1: Planning and Effectiveness
In order to increase effectiveness, the team recommends the college clearly demonstrate how assessment
is utilized in the integrated planning and resource allocation cycle for human resources, information
technology, and fiscal services to improve institutional effectiveness. (I.B.4)
Recommendation #5
In order to increase effectiveness, the team recommends each part of the integrated planning process
cycle should be assessed and results should be analyzed to allow for continuous quality improvement of
the integrated planning processes. (I.B.6)
Recommendation #6
In order to increase effectiveness, the team recommends that all student learning outcomes be made
available to students and prospective students. (II.A.6)
Recommendation #7
In order to increase effectiveness, the team recommends the college reevaluate the number of
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assessments in Counseling per year in order to improve the timeliness of the SLO/AUO assessments and
institutionalize a comparable campus-wide program planning and SLO/AUO assessment cycle for all
areas of the college. (II.B.3, II.B.3.c, II.B.4)
Recommendation #8
In order to increase effectiveness, the team recommends that the college develop and implement an
assessment plan that will measure the effectiveness of library resources and services in enhancing student
achievement of identified learning outcomes. (II.C.1.a)
Recommendation #9
In order to increase effectiveness, the team recommends that the college develop a more formal structure
to ensure that students are acquiring necessary information literacy. (II.C.1.b)
Recommendation #10
In order to increase effectiveness, the team recommends Human Resources evaluate all personnel
evaluations systematically and at stated intervals based on existing, Board policy, procedures, and
collective bargaining agreements. (III.A.1)
Recommendation #11
In order to increase effectiveness, the team recommends securing all personnel records on a consistent
basis and improving internal controls for access by employees and Human Resources personnel based on
post-interview site assessment. (III.A.3.b)”
In other words, here is some busy work that the college should perform.
“During its institutional self evaluation, Cerritos College identified improvement plans for advancing its
continuous improvement efforts. The Commission suggests that those plans for Improvement be taken
into account as the College continues into the next accreditation cycle.”
Moral: Don’t identify future improvement plans if you don’t want to be sanctioned based on not fully
fulfilling them.
West Valley College - Warning
The July 3, 2014 from Beno stated “The Accrediting Commission for Community and Junior Colleges,
Western Association of Schools and Colleges, at its meeting on June 4-6, 2014, reviewed the Institutional
Self Evaluation Report and the Report of the External Evaluation Team that visited West Valley College
March 17-20, 2014. The Commission took action to issue Warning and require the College to submit a
Follow-Up Report by March 15, 2015. The Report will be followed by a visit of Commission
representatives and should demonstrate that the College has addressed the Recommendations noted
below, resolved the deficiencies, and meets Eligibility Requirements and Accreditation Standards.”
“The Commission found West Valley College deficient in meeting the following Eligibility Requirement,
Accreditation Standards: Eligibility Requirement 21, Standards I.B.2, II.A, II.A.1.b, II.A.1.c, II.A.2.a,
II.A.2.b, II.A.2.h, II.A.5, II.A.6.b, III.A.1.b, III.A.1.c, III.C.1, III.C.2, and IV.A.4.
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class=WordSection3>
College Recommendation 1: To satisfy the Eligibility Requirement and meet the standard, the team
recommends that the College review its instructional programs with respect to the percentage of online
offerings and submit a Substantive Change report to the accrediting body on programs that have equaled
or exceeded the 50 percent threshold in online offerings. (ER 21; II.A.1.b; IV.A.4)
College Recommendation 2: To meet the standards, the team recommends that the College establish
institution-set standards for student performance so that the degree to which they are achieved can be
determined and widely discussed. (I.B.2; II.A.1.c; II.A.2.b; II.A.2.h; II.A.5; II.A.6.b)
College Recommendation 4: To meet the standards, the team recommends that the College satisfy the
Sustainable Continuous Quality Improvement requirement for Student Learning Outcomes and Program
Learning Outcomes and regularly assess and monitor non-credit courses. (ILA; II.A.1.c; II.A.2.a)
College Recommendation To meet the standard, the team recommends that the College evaluate all
personnel systematically and at stated intervals. (III.A.1.b)
College Recommendation 6: To meet the standard, the team recommends the District and the College
ensure that faculty and others directly responsible for student progress toward achieving stated student
learning outcomes have, as a component of their evaluation, effectiveness in producing these learning
outcomes. (III.A.1.c)
College Recommendation 7: To meet the standard, the team recommends the College integrate
technology planning with institutional planning, and that the College and the District develop a
comprehensive technology plan for the entire organization which addresses and incorporates the needs of
both instructional and non-instructional areas. (111.C.1)”
Again we see the ACCJC interfering in collective bargaining in the area of faculty evaluations.
“West Valley College should fully resolve the noted deficiencies by March 2015.”
“Recommendations have been made for West Valley College to improve institutional effectiveness.
Recommendations for improvement may be made to highlight areas for continuing or expanding excellent
practices. Recommendations for improvement may also be made when an institution is currently in
compliance with Standards, but additional levels of effort should be demonstrated in the future.”
Get this - being in compliance is not enough to satisfy the Commission. A college may also be called
upon to improve beyond current requirements. And so the letter from Beno states “the College should
plan to fully address all improvement recommendations in the Midterm Report.
College Recommendation 3: To increase effectiveness, the team recommends that College Closely
monitor, fully implement and evaluate the newly developed Budget Resource Allocation Process to
determine whether it is meeting the needs of the College and providing more transparency into the budget
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allocation process. (I.B; III.D; III.D.1d; III.A.6)
College Recommendation 8: To increase effectiveness, the team recommends that the College work with
the District to assure the continued development and support of West Valley College's physical resources,
and continue to work on updating the Educational and Facilities Master Plan in accordance with the fiveyear timeline. Additionally, the team recommends that the Facilities and Security Council regularly meet
as scheduled. (III.B)”
Victor Valley College - Probation
In the May 3, 2014 letter to Victor Valley College Beno stated that “The Accrediting Commission for
Community and Junior Colleges, Western Association of Schools and Colleges, at its meeting June 4-6,
2014, reviewed the Midterm, Follow-Up, and Special Financial Review Reports submitted by Victor
Valley College and the Report of the Evaluation Team that visited Wednesday, April 16-Thursday, April
17, 2014.
The Midterm Report demonstrated that the College has sustained the work to meet the recommendations
from the 2011 comprehensive visit with the exception of one section of Recommendation 3 and
Recommendation 6. Therefore, the Commission acted to impose Probation and require the College to
submit a Follow-Up Report by March 15, 2015. The Report will be followed by a visit by Commission
representatives.
The Follow-Up Report of March 2015 should demonstrate that Victor Valley College has fully addressed
Recommendations 3 and 6, noted below, resolved the deficiencies, and now meets Eligibility Requirement
17 and Standards III.A.1.c; III.D; III.D.1.a; III.D.1.c; III.D.2.b; and III.D.2.c.
Recommendation 3: Student Learning Outcomes
As noted in recommendation 2 of the 2005 Accreditation Evaluation Report, and in order to meet the
Standards and the Eligibility Requirements, the College should complete the development of student
learning outcomes for all programs and ensure that student learning outcomes found on course syllabi
are the same as the student learning outcomes found on the approved course outlines of record. The
institution must accelerate its efforts to assess all student learning outcomes for every course,
instructional and student support program, and incorporate analysis of student learning outcomes into
course and program improvements.
This effort must be accomplished by fall 2012, as a result of broad-based dialogue with administrative,
institutional and research support. Student learning outcomes need to become an integral part of the
program review process, including incorporating detailed documented analysis from SLO assessments
and data based research.
Additionally, faculty and others directly responsible for student progress toward achieving stated
learning outcomes should have, as a component of their evaluation, effectiveness in producing those
learning outcomes. (I.B.1-7, II.A.1.c, II.A.2.a-b, II.A.2.e-f, II.B.4, III.A.1.c, ER 10)
With regard to Recommendation 3, the team reported that Victor Valley has addressed the first four
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sections of this recommendation and meets Standards I.B.1-7, II.A.1.c, II.A.2.a-b, II.A.2.e-f, II.B.4, and
Eligibility Requirement 10. However, the College needs to complete the final section of this
recommendation and demonstrate that it meets Standard III.A.1.c.
Recommendation 6: In order to meet the Standards, the College should develop long-term fiscal plans
that support student learning programs and services that will not rely on using unrestricted reserves to
cover deficits. Additionally, the College should provide timely, accurate and comprehensive financial
data and budget projections for review and discussion throughout the institution. (111.D, 1II.D.1.a,
III.D.1.c, III.D.2.b, III.D.2.c, ER 17)
With regard to Recommendation 6, the Commission also reviewed the Special Financial Review Report
and determined that this fiscal issue has not yet been resolved and the associated
Eligibility Requirement and Accreditation Standards are not yet met. Victor Valley College will need to
demonstrate that the fiscal issues, as noted in Recommendation 6, have been fully resolved at the time of
the March 2015 Follow-Up Report. This will be verified by the evaluation team during the visit.”
“Victor Valley College should fully resolve the noted deficiencies by March 2015.”
In contrast, a letter from the Spring 2014 Follow-Up Visiting team stated that “The team wishes to
commend the Victor Valley College faculty, staff, administrators and trustees for their hard work in
resolving the recommendations that remain from the 2011 Comprehensive visit. Since the time of the
November 2013 visit, it is clear that the institution has rallied to the Interim president’s leadership and
continues to progress. Of particular note — several members of the governing board have provided
substantial leadership in shaping the institution's work on financial stability. That being said, we are
concerned about the institution's continued fragility particularly with respect to accreditation expertise
and detailed fiscal planning.
Accreditation Expertise
As noted in the November Follow-up visit - the college has had three different Accreditation Liaison
Officers during the course of the past three years and few faculty and administrative leaders have
significant experience with ACCJC policies and standards. For this visit, the institution had improved in
its ability to identify and provide evidences of practices that aligned with accreditation standards; but the
team nevertheless still had to assist institution leaders in recognizing practices that met standards. This
being said, the new Academic Vice President, who serves as the ALO, brings substantial transferable
experiences from another regional accrediting commission and seems to have a clear grasp of the need to
increase institutional expertise.
Fiscal Planning
The team is still concerned with institutional fiscal planning. The college has indeed refined its shortterm financial planning in response to Recommendation 6; however, that plan is still highly contingent
on forecasted increased enrollment-related apportionment ("growth”) revenues at a time when
enrollments are clearly declining. The plan is also highly dependent on negotiating concessions with
employee labor groups. In that regard as noted in the report, the team determined that employee labor
leaders seemed to have a change of heart regarding their previous skepticism of the college's fiscal
deficit. This was attributed to the college president conducting informational forums regarding college
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finances and the governing board's public work to develop fiscal policies to eliminate deficit spending
and bulwark various funds for fiscal stability. The team felt strongly that the institution needs a "Plan B"
in the event labor costs could not be reduced through negotiations and/or the institution failed to achieve
its budgeted enrollment growth. In closing, again the team again acknowledges that college leadership,
faculty and staff have accomplished a great deal since the November visit.”
Again we see the anti-union bias of an ACCJC Visiting Team which, in this case, had no faculty
members on it.
Golden West College - Continue on Warning
On July 3, 2014 Beno sent a letter to Golden West College stating that “The Accrediting Commission for
Community and Junior Colleges, Western Association of Schools and Colleges, at its meeting June 4-6,
2014, reviewed the Follow-Up Report submitted by Golden West College and the Report of the
Evaluation Team that visited Tuesday, April 8-Wednesday, April 9, 2014. The Commission took action to
continue the College on Warning and require a Follow-Up Report by March 15, 2015. The Report will
be followed by a visit of Commission representatives.
The Follow-Up Report should demonstrate that the College has addressed College Recommendations 2,
3, 5, and 6 and District Recommendation 2, resolved the deficiencies, and meets Eligibility Requirements
and Accreditation Standards. These findings of deficiencies and team recommendations were made in
spring 2013.”
“The Commission found Golden West College remains deficient in meeting the following Eligibility
Requirements: 10, and 19, and Accreditation Standards: I.A.1, I.A.4, I.B.1-7, II.A, II.A.1, II.A.2, II.A.2.f,
II.A.2.h, II.A.2.i, II.A.6.a-c, 111.B.2.b, III.D.1.a, III.D.1.c, IV .B.1.j, IV .B.3.a, IV.B.3.g.
College Recommendation 2: In order to fully meet the Standards and improve institutional planning, the
College must implement a process to more specifically create and link objectives that lead to
accomplishment of the institutional goals and improvement in KEPIS (I.A.1, I.A.4, I.B. -7, III.B.2.b)
College Recommendation 3: In order to meet the Standards, it is recommended that the College complete
the process of mapping (aligning) course-level SLOs with program-level SLOs and general education
SLOs and expedite the process of assessing all SLOs. Doing so will allow the College to ensure that it is
awarding credit based on student achievement of a course's stated learning outcomes as well as awarding
degrees and certificates based on student achievement of stated learning outcomes. (II.A.2.f, II.A.2.h,
II.A.2.i, ER 10, ER 19)
College Recommendation 5: In order to meet the Standards, the College must develop and implement a
policy and/or procedure for measuring the program length and intended outcomes of degrees and
certificates offered by the College. (II.A, II.A.1, II.A.2, II.A.2.h, II.A.6.a-c)
College Recommendation 6: In order to meet the Standards, the College must develop financial planning
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processes that include the following:
a.
Consideration of its long-range financial priorities when making short-range financial plans
b.
Development of financial plans that are integrated with and supports all institutional plans
c.
Development of an enrollment management plan in order to maintain the financial viability of the
organization (as noted in 2000 and 2007) (Standard III.D.1.a, III.D.1.c)
District Recommendation 2: 'To meet the Standards and as recommended by the 2001 team, the team
recommends that the Board and district follow their policies regarding the delegation of authority to the
chancellor for effective operation of the district and to the College presidents for the effective operation
of the Colleges. Further, the team recommends that the district develop administrative procedures that
effectively carry out delegation of authority to the chancellor and the College presidents. (Standards
IV.B.1.j, IV.B.3.a, I.V.B.3.g)”
“Must develop” financial planning is a direct requirement as opposed to the still vague “recommended”
by a team. S.L.Os are again front and center in the Commission’s oversight of the colleges.
A letter from the April 8-9 Visiting Team stated that “The team found that the College has addressed all
five College recommendations and in conjunction with Coastline Community College and Orange Coast
Community College also addressed the four District recommendations and one Commission
recommendation.” All members of the team were administrators.
Palo Verde College - Probation
On July 3, 2014 Beno sent a letter to Palo Verde College stating that “The Accrediting Commission for
Community and Junior Colleges, Western Association of Schools and Colleges, at its meeting on June 46, 2014, reviewed the Institutional Self Evaluation Report, the Report of the External Evaluation Team
that visited Palo Verde College March 10-13, 2014, and the presentation by College representatives. The
Commission took action to impose Probation and require the College to submit a Follow-Up Report by
March 15, 2015. The Report will be followed by a visit by Commission representatives.” The ten member
External Evaluation Team had ten members of which only 2 were faculty members.
“Palo Verde College should submit the Follow-Up Report by March 15, 2015. The Follow-Up Report
should demonstrate that the Palo Verde College has addressed all recommendations, resolved the
deficiencies, and now meets the Eligibility Requirements, Accreditation Standards and Commission
policies noted below.”
“The Commission found Palo Verde College deficient in meeting the following Eligibility Requirements,
Accreditation Standards, and Commission policies: Eligibility Requirements 8, 10, and 19 and Standards
I.A.3-4; I.B.1-6; I.B; I.B.2-3; II.A.1.a,b,c; II.A.2.a,b,c,d,e,f; II.A.7.b-c; II.B.1; II.B.2.c; II.B.4; III.A.1.b;
III.A.1.c; III.C.2; and III.D.1; and the ACCJC Policy on Distance Education and Correspondence
Education.
Recommendation #1: In order to meet the Standards and as noted in Team Recommendations #1 and# 2
and Commission Recommendation #4 (2005), the team recommends the College create a complete
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blueprint for planning that includes regular review of the mission statement and current institutional
plans that collectively describe how the College will achieve its goals. The mission statement should
inform overarching plans, such as the education master plan or strategic plan. Overarching plans should
drive other long-term institutional plans such as the technology plan and enrollment management plan.
These long-term plans should include institution set standards for student achievement and be used to
inform annual planning as part of the program review process. Assessment of student learning outcomes
and related dialogue should be integral to the planning process, such as by embedding SLO dialogue into
program review. (Standards I.A.3-4; I.B.1-6; II.A.2.f; II.B.1; III.C.2; III.D.1; ER.10; ER.19)
Recommendation #2: in order to meet the Standards, the team recommends that the College develop and
implement a sustainable assessment plan that ensures the College completes a full cycle of student
learning outcome (SLO) assessment that includes discussion of results and action planning at all levels
[course SLOs, program SLOs, general education (GE) SLOs, and institutional SLOs] to move to the
Sustainable Continuous Quality Improvement Level of the ACCJC Rubric for Evaluating Institutional
Effectiveness. Tc complete a full assessment cycle, the College must accelerate its efforts to assess all
student learning outcomes for every course, and must demonstrate the following:
1.
All SLOs included in official course outlines of record are the same SLOs being assessed by
faculty and that assessment of all SLOs is completed on a regular basis.
2.
Faculty are engaged in ongoing dialogue about methods of assessment, results of assessment and
plans for quality improvement based on assessment.
3.
The College maintains records of assessment tools and methods used, assessment samples,
assessment results, assessment dialogue and action planning based on assessments, and makes these
records easily available.
4.
Course, program, GE, and institutional SLO assessment data and analysis are integral parts of
the program review process and drive efforts to improve course, program and institutional effectiveness.
(Standards I.B; I.B.2-3; II.A.1.a,c; II.A.2.a,b,e; ER.8; ER.10; ER.19)
Recommendation #3: In order to meet the Standards and as noted in Team Recommendations #1 and #2
and Commission Recommendation #4 (2008), the team recommends that the College regularly evaluate
and assess all of its processes. Information about the processes used in planning and institutional
improvement should be widely disseminated to the campus and community. Sufficient research support
and delegation of responsibility is needed to inform the research and planning process and ensure
regular implementation of all elements of the process, and to inform decision making at all levels of the
College. (Standards I.B.1-6; II.A.1.a, c; II.A.2.a, e, f; II.B.4)
Recommendation #4: In order to meet the Standards, the team recommends that the College implement a
data-informed process to systematically evaluate the methods of teaching of all courses and programs
including all instructional modalities [distance education (DE), correspondence education (CE) and faceto-face] to ensure the student learning experience and outcomes are comparable regardless of the method
of instruction or delivery. (Standards II.A.1.b-c; II.A.2.a, c, d, e, f)
Recommendation #5: In order to meet the Standards, the team recommends that the College implement a
data-informed process to systematically evaluate the instruction methods for all instructional service
agreement (ISA) courses and programs to ensure the student learning experience and outcomes meet
college standards. (Standards II.A.1.b-c; II.A.2.a, c, d, e, f)
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Recommendation #6: In order to meet the Standards and comply with the Commission's Policy on
Distance Education and on Correspondence Education, the team recommends that the College establish a
policy and process to authenticate the identity of students enrolled in distance education and
correspondence education. The process should ensure that a student who registers and receives credit for
a course is the same student who participates regularly in and completes work for the course. (Standards
II.A.7.b-c; II.B.2.c; ACCJC Policy on Distance Education and Correspondence Education)
Recommendation #7: In order to meet the Standards, the team recommends that the College develop,
implement and evaluate an effective part-time faculty evaluation process. (Standard III.A.1.b)
Recommendation #8: In order to meet the Standard, the team recommends that the College fully
implement the agreed-upon process that faculty involvement in SLOs be included as part of the faculty
evaluation process and that the College provide evidence that this self-disclosure is effective in producing
student learning outcomes. (Standard III.A.1.c)”
“The College should fully resolve the noted deficiencies by March 2015.”
“During its institutional self evaluation, Palo Verde College identified improvement plans for advancing
its continuous improvement efforts. The Commission suggests that those plans for improvement be taken
into account as the College continues into the next accreditation cycle. In its Midterm report, the College
should address steps undertaken in those improvement areas.”
“As the Commission reviewed the External Evaluation Report and considered the additional
documentation presented by the College, and the presentation by College representatives., the
Commission made changes to the External Evaluation Report with the concurrence of the team chair.
“
Los Angeles Southwest College - Remove Warning and Reaffirm Accreditation
On July 3, 2014 Beno sent a letter to Los Angeles Southwest College stating that the Commission took
action to remove Warning and reaffirm accreditation and stating that it had addressed Recommendations
3, 4, and 5, resolved the deficiencies and now met the standards cited in those recommendations. Its next
comprehensive review will be in March 2016.
This is what I would call a clear accreditation - with no lingering requirements.
Lassen Community College - Reaffirm Accreditation
On July 3, 2014 Beno wrote Lassen College stating that “The Accrediting Commission for Community
and Junior Colleges, Western Association of Schools and Colleges, at its meeting on June 4-6, 2014,
reviewed the Institutional Self Evaluation Report and the Report of the External Evaluation Team that
visited Lassen Community College March 17-20, 2014. The Commission took action to reaffirm
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accreditation with the requirement that the College complete a Follow-Up Report by March 15, 2015.”
“Reaffirmation with a Follow-Up Report is granted when the institution is found to substantially meet or
exceed the Eligibility Requirements, Accreditation Standards, and Commission policies but has
recommendations on a small number of issues of some urgency which should be addressed in a short
period of time. The Report should demonstrate that the institution has addressed the recommendations
noted below, resolved the deficiencies, and now meets Eligibility Requirements and Accreditation
Standards.”
“The Commission found Lassen Community College deficient in meeting the following Eligibility
Requirements and Accreditation Standards: Eligibility Requirements 13 and 16, Standards II.A.1.b,
II.B.3.a, II.C.1.a, II.C.1.c, and III.A.2.
Recommendation 1:
In order to meet the Standard, the team recommends that the College define regular and substantive
contact and ensure that regular and substantive contact between instructors and students is evident in all
online courses. (II.A.1.b)
Recommendation 3:
In order to meet the Standard, the team recommends that the College assures equitable access by
providing academic and student support services to all students regardless of location, time or mode of
delivery. (II.B.3.a)”
Lassen Community College should fully resolve the noted deficiencies by March 2015.
Recommendations were also made to “improve institutional effectiveness.” The College was told that it
“should plan to fully address all improvement recommendations in the Midterm Report.”
“Recommendation 2:
In order to increase effectiveness, the team recommends that the College adopt a training program for
online instructors that results in evidence that instructors assigned to teach online are prepared in
accordance with established guidelines including regular and substantive contact between instructors and
students. (II.A.1.b, III.C.1.d)
Recommendation 4:
In order to increase effectiveness, the team recommends that adequate professional staff be provided to
meet the learning needs of students. (II.C.1.a, C.1.c, III.A.2, Eligibility Requirements #13 and #16)”
In addition “during its institutional self evaluation, Lassen Community College identified improvement
plans for advancing its continuous improvement efforts. The Commission suggests that those plans for
improvement be taken into account as the College continues into the next accreditation cycle. In its
Midterm report, the College should address steps undertaken in those improvement areas.” The
statement does not make it clear that this is a requirement or merely a suggestion.
“As the Commission reviewed the External Evaluation Report and the College report, it made changes
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to the External Evaluation Report with the concurrence of the team chair. “
Norco College - Reaffirm Accreditation
“The Accrediting Commission for Community and Junior Colleges, Western Association of Schools and
Colleges, at its meeting on June 4-6, 2014, reviewed the Institutional Self Evaluation Report, the Report
of the External Evaluation Team that visited Norco College March 3-6, 2014, and the presentation by
College representatives. The Commission took action to reaffirm accreditation and require a Follow-Up
Report to be submitted by October 15, 2015. The Report will be followed by a visit by Commission
representatives.”
“The Commission found Norco College deficient in meeting the following Accreditation Standards: I.B.3;
I.B.6; I.B.7; II.A.1.a; II.A.1.b; II.A.1.c; II.A.2.e; II.A.2.f; II.A.2.h; II.A.2.i; III.B.2.a; III.B.2.b; III.C.1.c;
III.C.2; III.D.3.c; and IV.A.5 from College and District recommendations written to meet Standards.”
College Recommendation 1
In order to meet the Standards, the team recommends that the College consistently evaluate all parts of
the planning and resource allocation cycle; develop a standard assessment instrument for all
participatory governance committees; develop a process to assess the evaluation mechanisms used in
integrated planning and resource allocation to ensure that those evaluations are effective in improving
programs, processes, and decision-making structures; and develop strategies to broadly communicate the
results of these evaluations to the entire College community. (Standards I.B.6; I.B.7; IV.A.5)
College Recommendation 2
In order to meet the Standards, the team recommends that the College create a system to ensure
consistency in transferring student learning outcomes on official course outlines of record to course
syllabi; implement more direct assessment of student learning at the program level; complete its cycle of
evaluation for all general education outcomes; and, develop, implement, and assess an evaluative
mechanism to review all parts of the student learning outcomes process in an ongoing and systematic
way. (Standards I.B.6, II.A.1.a; II.A.1.b; II.A.1.c, II.A.2.e, II.A.2.f; II.A.2.h; II.A.2.i)
College Recommendation 3
In order to meet the Standards, the team recommends that service area outcomes are systematically
assessed for all areas in Business Services and the results of the evaluation are used to make
improvements. (Standards I.B.3; III.B.2.b)
College Recommendation 4
In order to meet the Standards, the team recommends that the College systematically plan for the
replacement of technology infrastructure and equipment, reflect projections of total cost of ownership for
new equipment, systematically assess the effective use of technology resources and use the results of
evaluation as the basis for improvement. (Standards III.B.2.a, III.C.1.c, III.C.2)
District Recommendation
In order to meet Standards, compile the various completed elements of technology planning into an
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integrated, comprehensive district technology plan that is accessible and transparent, including a
disaster recovery plan and a plan to refresh aging and outdated technologies. Insure that the district
technology plan is based on input from the colleges and is in alignment with college planning processes.
(Standards I.B.6 and III.C.2)
District Recommendation 2
In order to meet the Standard, implement a plan to fund contributions to the District's other postemployment benefits (OPEB) obligation. (Standard III.D.3.c)”
Again we see the ACCJC imposing requirements on a district in the area of OPEB that is beyond what
the law requires. This is an overstepping of their mandate.
“The Commission notes that the deficiencies cited in College Recommendations 1-4 and District
Recommendations 1-2 were first identified in June 2014. Norco College should fully resolve the noted
deficiencies by October 2015.” The two-year rule has now become a one -year rule.
Again the Commission is requiring a college to go beyond satisfaction of standards: “During its
institutional self evaluation, Norco College identified improvement plans for advancing its continuous
improvement efforts. The Commission suggests that those plans for improvement be taken into account as
the College continues into the next accreditation cycle. In its Midterm report, the College should address
steps undertaken in those improvement areas.”
June 26, 2014 California Bureau of State Audits (BSA) Report
The Legislatively requested State Auditor Report was issued in late June 2014. The auditor found that
“The Accrediting Commission for Community and Junior Colleges, Western Association of Schools and
Colleges (commission) was inconsistent in applying its accreditation process.” The report pointed out
that CCSF accreditation was terminated “even though it could have given the college more time.” In
contrast “It allowed 15 institutions to take two years to come into compliance and allowed another six
institutions to take up to five years to reach compliance.”
The Report also noted the commission’s lack of transparency and the fact that it “sanctions community
colleges at a higher rate than the six other regional accreditors in the nation.”
The State Auditor Report also noted that the California Community College Chancellor’s Office could do
a better job of monitoring at-risk colleges and that an option does exist to allow community college the
choice of more than one auditor.
In the case of CCSF the Report pointed out that “In July 2013 the commission notified City College of San
Francisco (CCSF) of its decision to terminate the college’s accreditation after the college had been on a
show cause sanction for only one year, despite the opportunity to give the college more time. This action
was inconsistent with the commission’s treatment of other institutions during our audit period. Between
January 2009 and January 2014, 49 California community colleges both received and were able to
address their sanctions from the commission. Fifteen of these institutions took the full two years that
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regulations allow, and the commission allowed six more institutions to take more than two years and up
to five years to resolve their sanctions.”
The State Auditor polled community college presidents, superintendents, and chancellors and found that
38% felt that the commission’s decision making process regarding accreditation was NOT appropriately
transparent.
The Report also noted that “Only two California community colleges of 14 that had members on the
commission between January 2009 and January 2014 received a sanction during their respective
commissioner’s tenure. Without open meetings, community colleges cannot be sure of the commission’s
reasoning for its decisions and this could lead to public skepticism about the commission’s equity and
consistency.”
The Report also noted that the United States Department of Education “found that the commission was
not ensuring adequate representation of faculty on its evaluation teams, noting that the commission had
appointed just one faculty member to each of the teams that evaluated CCSF in March 2012 and April
2013, which consisted of eight and 16 individuals, respectively.”
The ACCJC issues sanctions at a rate that greatly exceeds any other regional accreditation agency. The
State Auditor confirmed that “the commission also sanctions its institutions at a much higher rate than do
the other six regional accreditors. Between 2009 and 2013, the commission took 269 accreditation
actions - which included reaffirming accreditation, sanctioning an institution for noncompliance, or
acting to terminate accreditation - on its member institutions and issued 143 sanctions, a sanction rate of
roughly 53 percent. By comparison the other six regional accreditors together had a sanction rate of just
over 12 percent.”
“The fact that the commission does not provide institutions with feedback on their self study that occurs
before a comprehensive evaluation - a practice that some of the other regional accreditors engage in may have an even greater impact on its high sanction rates because institutions do not have the
opportunity to address any commission concerns before a comprehensive accreditation review from an
evaluation team.”
The ACCJC, in its usual manner, dismissed the auditors’ findings but provided no specific evidence to
dispute any of the findings.
New Commissioners - July 1, 2014
Three new commissioners were added to replace outgoing commissioners Barry Russell, Patrick Tellei,
and Sharon Whitehurst-Payne. The new commissioners included:
• Mary A.Y. Okada represents the Pacific Postsecondary Education Council. She has been president at
Guam Community College since 2007.
• Eric Skinner will serve as the California Community College Chancellor’s Office representative. He
replaces Barry Russell. Skinner is the Deputy Chancellor in the Chancellor’s Office and recently made the
presentation to the Board of Governors that recommended that the Special Trustee for CCSF be appointed
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for another year. His main areas have been fiscally related.
Gloria Romero
•Gloria Romero was elected to serve as a Public Member. She served as a trustee in the Los Angeles
Community College District before being elected to serve in the California Assembly and the California
State Senate. She came in third in the primary for Superintendent of Public Education in 2010. She started
out as a union supported candidate but has lost that support due to her activities attacking teachers and the
unions that represent them. She has aligned herself with those who call themselves “school reformers”
including Ed Voice and other corporate aligned individuals such as Bill Gates, the Walton Family and Eli
Broad. She is committed to charter schools and believes in evaluating teachers using test scores. She
authored a bill designed to appease the Arnie Duncan Race to the Top agenda as well as a bill which she
called “Parent Trigger” that allowed parents to petition to have their school destroyed and replaced by a
charter school. She was also the front women in favor of Proposition 32 which would have helped destroy
union’s political clout in California. $4 million of the money used in the attempt to pass Proposition 32
came from the Koch brothers and millions more from Charles Munger Jr. Romero served as director of
the Democrats for Education Reform (DFER). DFER was the brainchild of Whitney Tilson, founder of
the hedge-fund firm T2 Partners. Tilson has suggested that privatized education was a potentially
lucrative investment target for Wall Street. "[H]edge funds are always looking for ways to turn a small
amount of capital into a large amount of capital," he said of his interest in the charter school movement.
Education Reform Now spent more than $36,000 on lobbying expenses to eliminate teacher protections in
California and make it easier to privatize schools. In the organization's filings, Romero was listed as the
"responsible officer" behind these activities. Furthermore, that same year, she was given a warning by the
FPPC for personally lobbying for these same measures extra-legally. She is likely to be a strong supporter
of Barbara Beno and her attack on unions.
•
In October of 2013 Romero stepped down from her position as Director of California Democrats for
Education Reform and started a new organization called the Foundation of Parent Empowerment.
July 16, 2014 Judge Rejects ACCJC’s Attempt to Slow Down Legal Case
In the words of reporter Tim Redmond in 48 hills – the secrets of San Francisco “ The accreditors who
want to shut down City College had another legal setback yesterday when Judge Curtis Karnow, to
nobody’s surprise, summarily rejected the ACCJC’s effort to get rid of a suit by the City Attorney’s
Office. The judge’s quick and decisive ruling said that nothing the ACCJC has done in its bogus effort to
give City College a break really counts, and the suit will go forward to trial in October.
This, folks, is the ACCJC’s worst nightmare. Everything ugly about the commission, every unfair move
it’s made, will be on display in a public courtroom for all to see. It could be the beginning of the end of
this rogue institution.”
July 28, 2014 CCSF Leadership Applies for Restoration Status
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The CCSF appointed leadership filed for Restoration Status on July 28, 2014. President Tyler wrote the
letter with obvious regret but felt it was all that was left for them to do short of filing a legal challenge to
ACCJC overreaching. It is obvious that he has taken some of the gloves off.
“July 28, 2014
Dr. Barbara Beno, President
The Accrediting Commission for Community and Junior Colleges (ACCJC)
Western Association of Schools and Colleges
10 Commercial Boulevard, Suite 204
Novato, California 94949
Dear Dr. Beno:
We are in receipt of your letter dated July 21, 2014 announcing the Commission’s decision not to
reconsider its prior termination action. All involved with the City College of San Francisco (CCSF) are
greatly disappointed with this decision and certainly disagree with the cited conclusions, but write to
initiate what appears the only remaining administrative option to continue accreditation beyond July
31st. Pursuant to the Policy on Commission Actions on Institution (Revised June 2014), CCSF submits
this Request for Granting of Restoration Status (the Request), accompanied by a completed eligibility
report confirming CCSF’s compliance with the Eligibility Requirements. As you requested we are
submitting this Request on July 28, 2014 to allow the Commission time to review it and advise whether
additional information is needed. Please note that the issues raised in this letter were brought to your
attention previously during the public comment period on the Policy, and the Commission chose not to
amend the Policy.
CCSF recognizes that this is a new process for which detailed procedures have not yet been developed,
but from the outset must confirm one key point regarding CCSF’s status during the process. The Policy
states that “for the period leading to completion of the comprehensive evaluation for restoration status,
the termination effective date will be rescinded and the termination implementation will be suspended.
The institution’s accredited status will be accredited, pending termination.” We are therefore proceeding
under the assumption that during the review of the Request and until affirmatively notified otherwise,
CCSF remains accredited. We also note that it remains unclear what status will be imposed when the
comprehensive evaluation is favorable and the institution is “granted restoration status.” Restoration
status is not defined anywhere in the ACCJC standards, and therefore we would appreciate any
additional guidance you can provide about what this means.
We also emphasize that CCSF is participating in this process because it simply has no other
administrative option at this time. The submission of this Request and any other activities related to the
restoration process in no way constitutes a waiver of CCSF’s ability to contest the appropriateness of the
imposition of this disadvantaged (and unprecedented) status or its terms in the future. Stated directly,
CCSF is participating to protect approximately 80,000 current students we are dedicated to serving,
and—but for the exigency associated with the effective date of the termination—would not agree to such
unfavorable conditions that expand the scope of the compliance assessment, heighten the standard of
review, provide a great deal of uncertainty throughout the duration of the process, utilize procedures
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that have yet to be developed, and abolish the due process protections enjoyed by other ACCJC member
institutions.
CCSF is very concerned about the language in the Policy requiring the institution to “fully meet all
accreditation Standards and Commission policies.” The phrase “fully meets” is used repeatedly in this
Policy but does not appear anywhere else in the Standards or policies. It would suggest that the slightest
variation from compliance on any substandard or policy would be grounds for immediate termination.
The Commission has no experience or track record in applying this new “fully meets” standard. CCSF
finds this to be unreasonable and raises the potential for arbitrary and capricious action in the future.
This situation is more worrisome because at various points in this process the Commission would be
authorized to “reactivate” the termination and the effective date of the termination will be immediate and
CCSF would have no right to request a review or appeal, regardless of how minor the deviation may be.
Given the difficult process over the past two years, this lack of due process is very troubling. It is
unclear in the Policy how CCSF would even be notified of its termination. Immediate termination would
create a number of significant problems.
Furthermore, the Commission is in the process of implementing new standards raising the possibility that
CCSF will be held to this uniquely high level of compliance for two sets of standards and for polices that
are amended on a regular basis. At this time, CCSF has not been formally notified which Standards will
apply and whether CCSF will be held to a level of full compliance with policies that are amended at least
twice each year.
The Policy further provides that “Upon receipt of the institution’s request, the Commission shall schedule
a comprehensive evaluation of the institution no later than four months following the request. The
institution must submit an institutional self-evaluation four to six weeks prior to the scheduled visit.” This
allows only three months to complete such an important and comprehensive document. In the case of
CCSF, this means the self-evaluation during a three month period that includes several weeks of summer
vacation time and the opening weeks of the fall semester. Institutions normally take a year or more to
prepare this type of self-evaluation document. Given the expectation that the self-evaluation report will
include participation from all necessary constituent groups, this short period of time appears
unreasonable.
Eligibility Requirement Three requires that the institution have a functioning governing board. As you
know, the California Community Colleges Board of Governors on July 6, 2013 acted to remove the San
Francisco Community College District Board of Trustees from power and appointed a single individual
to serve as special trustee with all powers of the Board of Trustees. The Board of Governors reappointed
the special trustee on July 7, 2014. CCSF has received informal assurances from the Commission that the
special trustee meets requirement of Eligibility Requirement Three. However, given the language noted
above regarding “fully meets” and the authority of the Commission to immediately terminate
accreditation at any time, CCSF is concerned that it is in continuing jeopardy.
Given the requirement that the Request for Granting of Restoration Status be submitted by July 31, 2014,
CCSF must apply before a manual for the process has been provided. Therefore, CCSF has not had an
opportunity to gain a full understanding of the Commission’s expectation and procedures regarding
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this important process. For example, while there have been some informal communications, CCSF has
not been told how the visiting team for the comprehensive evaluation will be assembled and how the visit
will be conducted.
For these reasons, CCSF submits this Request for Granting of Restoration Status with serious
reservations. Everyone at City College is dedicated to completing the recovery of the college, meeting all
the eligibility requirements and standards and ultimately having ACCJC reaffirm accreditation.
We ask that the Commission support us in that endeavor by making the pathway to completion of the
restoration process as clear and transparent as possible, and by communicating with us frequently as we
move through the process. If you would like to discuss any of these issues, please feel free to contact me.
Sincerely,
Dr. Arthur Q. Tyler
Chancellor”
The letter illustrates the kind of unfair pressure that ACCJC is willing to exert.
Letter from ACCJC Accepting Restoration Status
On July 30, 2014, Barbara Beno wrote to Dr. Robert Agrella (Special Trustee) and Dr. Arthur Q. Tyler
(Chancellor City College of San Francisco) informing them that ACCJC had accepted CCSF’s application
for restoration. The letter noted that the acceptance was based on the amended Eligibility Report that had
responded to input from Commission staff “about a small number of items that needed further
clarification in order for the Eligibility Report to be complete.”
The letter from Beno stated that “The updated Eligibility Report has been reviewed by Commission staff.
The staff review determined that CCSF has addressed all elements of the Eligibility Requirements, setting
forth CCSF's compliance with those requirements.”
“Verification of the facts and evidence within the Eligibility Report will be undertaken as a part of the onsite comprehensive restoration status evaluation.”
The letter than offered advice in submitting their evidence which included that citations of specific
references be provided including links to the specific sections referenced, appropriate quotes be included,
and links should open “reliably.”
The CCSF letter of July 28, 2014 had raised a number of concerns. Some of these concerns were
addressed in Beno’s letter. The letter made clear that CCSF remained accredited during the period of
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review (pending termination). “Upon a successful completion of the comprehensive restoration status
evaluation, the college will be accredited, on restoration status.” Restoration status was limited to two
years.
The letter makes clear that CCSF will not be evaluated on the same basis as other colleges although the
fall 2014 comprehensive evaluation will be performed under 2002 Eligibility Requirements and
Accreditation Standards. The review will be based on the standards as applied to colleges on Show Cause.
As explained by Beno the double standard works this way: “Compliance with standards means that an
institution meets or exceeds the Eligibility Requirements, Accreditation Standards, and Commission
policies. By comparison, substantial compliance with standards (the standard for colleges in good
accreditation standing to attain reaffirmation of accreditation) means that an institution meets or exceeds
the Eligibility Requirements, Accreditation Standards, and Commission policies but for a few deficiencies
which can be fully resolved in a short period, generally six to twelve months.” In short, the ACCJC will
continue colleges on accreditation on one basis and end accreditation on a harsher basis. This makes no
sense at all.
Beno notes that “In the event that restoration status is awarded, then the comprehensive evaluation two
years later will utilize the 2014 Eligibility Requirements and Accreditation Standards. Member
institutions are also required to maintain currency with policies of the Commission. Notifications of
policy changes are distributed to the field, generally twice per year.
Beno then attempts to explain why no appeal is allowed under the Restoration policy. In short, “no
additional review and appeal are granted during the restoration process.” The college will be allowed
to submit errors made in the draft team report and address the Commission in secret session (without the
knowledge of what is being recommended by the Visiting Team) - a process that in the past has proved to
be useless.
CCSF was given three months to finalize its self evaluation report and “the restoration status is a remedy
that falls within a short window of time, and the self evaluation report must be finalized in the allotted
period.”
Contrary to what happened when the Commission took away the accreditation status at Compton College,
“the existence of a Special Trustee with Extraordinary Powers (SWEP) will not disqualify an institution
from meeting Eligibility Requirement 3. Of course, the SWEP must demonstrate compliance with
standards. Moreover, as the SWEP is inherently a temporary position, compliance with standards during
any transition of power to an elected governing board in the restoration period will be important for the
college to demonstrate.
Beno makes clear that the comprehensive evaluation will need to evaluate “both the college's current
compliance with standards, and its ability to achieve and/or maintain compliance with the Eligibility
Requirements, Accreditation Standards, and Commission policies within a two year restoration period.”
The ACCJC has not yet developed a manual for restoration but “a short manual describing differences in
process particular to restoration status comprehensive evaluations will be prepared and presented to
CCSF in the next few weeks.” No mention of how this will affect the required timeline was included.
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The week of November 16, 2014 will be used for the comprehensive evaluation visit and an October 15,
2014 due date was established for the self evaluation report.
And so it goes.
Bonta Legislation Approved
The Assembly and the Senate passed AB 1942 without a negative vote in late August 2014. The new
Education Code language reads: SEC. 2. “Section 72208 is added to the Education Code, to read:
72208. (a) The accrediting agency for the community colleges shall report to the appropriate policy and
budget subcommittees of the Legislature upon the issuance of a decision that affects the accreditation
status of a community college and, on a biannual basis, any accreditation policy changes that affect the
accreditation process or status for a community college.
(b) The Office of the Chancellor of the California Community Colleges shall ensure that the appropriate
policy and budget subcommittees of the Legislature are provided the information required to be reported
pursuant to subdivision (a).”
This language was watered down to remove any reference to removing ACCJC as the accrediting agency
but it is a first step toward legislative and Chancellor’s Office oversight of ACCJC.
October 10, 2014: Judge again rejects ACCJC attempt to stop trial
On October 10, 2014 Judge Karnow rejected ACCJC’s motion to dismiss the case against it filed by the
City Attorney of San Francisco. This was the fourth time that attorney’s working for ACCJC have
claimed they are immune from a lawsuit filed against them in the case of City College of San Francisco.
As before, Judge Karnow rejected their claims. The case to save CCSF from closing down goes to trial on
October 27, 2014.
Proposed Change to Board of Governors' Regulation on Accreditation
On October 16, 2014 Chancellor Brice Harris put out a Consultation Digest proposing a change in how
the accreditation agency for California’s community would be performed. Chancellor Harris noted that
“On June 26, 2014, the California State Auditor issued an audit report entitled California Community
Colleges Accreditation: Colleges Are Treated Inconsistently and Opportunities Exist for Improvement in
the Accreditation Process. This audit report provided both a review of the Accrediting Commission for
Community and Junior Colleges (ACCJC) and the accreditation process in general, as well as a more indepth examination of recent events related to City College of San Francisco (CCSF). The report raised
significant criticisms of the ACCJC and the accreditation process and made a number of
recommendations to remedy the identified concerns. The Consultation Council discussed the report at its
July meeting and again in September.”
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In relation to State Auditor Recommendation 6: “To allow colleges flexibility in choosing an accreditor,
the chancellor's office should remove language from its regulations naming the commission as the sole
accreditor of California community colleges while maintaining the requirement that community colleges
be accredited“, the Chancellor proposed new language which would continue with an exclusive
accreditator. The new accreditor would be chosen by the Chancellor.
PROPOSED REVISIONS TO TITLE 5 REGULATIONS: ACCREDITATION
1.
Section 51016 of subchapter 1 of chapter 2 of division 6 of title 5 of the California
Code of Regulations is amended to read:
§ 51016. Accreditation.
Each community college within a district shall be an accredited institution. The Accrediting Commission
for Community and Junior Colleges shall determine accreditation. Accreditation shall be determined only
by an accrediting agency approved by the Chancellor. The Chancellor shall approve only a regional
accreditor recognized and approved by the U.S. Secretary of Education under the Higher Education Act of
1965 acting within the agency's scope of recognition by the Secretary.
It should be noted that Education Code Section 70901. (a) The Board of Governors of the California
Community Colleges shall provide leadership and direction in the continuing development of the
California Community Colleges as an integral and effective element in the structure of public higher
education in the state. The work of the board of governors shall at all times be directed to maintaining
and continuing, to the maximum degree permissible, local authority and control in the administration
of the California Community Colleges.
By investing in a particular accreditor that imposes its values on colleges (as the ACCJC does), the BOG
is not following its own requirement to allow districts maximum control and authority. The ACCJC seeks
to dominate local districts by requiring excessively large reserves, attempting to force districts to use
measurable student outcomes to evaluate faculty, insisting on prefunding of retirement benefits, and
imposing sanctions on colleges that they believe give too much power to the locally elected trustees rather
than letting the college president unilaterally run the college.
October 14, 2014: CCSF Submits Accreditation Self Evaluation Report
On October 14, 2014 Chancellor Arthur Tyler submitted San Francisco’s Self Evaluation Report
in application for Restoration Status. The Self-Evaluation Report “demonstrates that the College meets
Standard I (Institutional Mission and Effectiveness), and substantially meets Standard II (Student
Learning Programs and Services), Standard III (Resources), and Standard IV (Leadership and
Governance). Where compliance with a subpart within a subsection has not been achieved, the College
has used the term partial compliance. These are the areas that require the most improvement during the
restoration period and have been noted with appropriate action improvement plans.”
“Substantially meets” is the standard that all colleges but CCSF must meet in order to receive
accreditation. CCSF must reach the higher standard of “meets” a standard in order to receive full
accreditation status under the rules of the Restoration process.
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A Self-Evaluation Team, appointed by the ACCJC, will visit the CCSF campus from November 16 -20,
2014. The Team has twenty-seven members as opposed to the typical visiting team number of from 2
members to fourteen members. Of the 27 members for the November 16 - 20 visit, six are faculty
members (23%). One member of the team, Norval Wellsfry, is a member of the ACCJC Staff (Associate
Vice-President).
The team is supposed to report back to the ACCJC whether CCSF has met or seems to have the ability to
“meet or sustain compliance and whether the College can come into compliance and sustain compliance
with each of the standards and Commission policies within the two years of Restoration Status.”
No identification of the fortune-teller status of any of the members of the Visiting Team has been noted.
Community College Consultation recommends removal of ACCJC in
Board of Governors Regulations
On October 16, 2014, the Community College Consultation approved a recommendation that the Board of
Governors remove the reference to ACCJC as the accrediting agency for community colleges in
California and allow the Chancellor to appoint a new accrediting agency with the approval of the Board of
Governors. The Board of Governors will consider the recommendation at its November 17, 2014 meeting
at the Foothill-DeAnza Community College District.
The Consultation Council is chaired by the state chancellor and meets monthly to review and evaluate
new policy proposals.
The proposed change to California Code of Regulatioins, Title 5, Section 51016, would, if approved, read
“Accreditation shall be determined only by an accrediting agency recommended by the Chancellor and
approved by the Board of Governors. The Board of Governors shall approve only a regional accreditor
recognized and approved by the U.S. Secretary of Education under the Higher Education Act of 1965
acting within the agency’s scope of recognition by the Secretary.”
The Board of Governors is also scheduled to hear a proposal by Chancellor Harris with respect to
returning the elected CCSF Board of Trustees to power. In earlier action, the elected board was removed
by the Board of Governors and a Special Trustee was appointed to run the college. This was done by
Harris to appease the ACCJC in order to have CCSF continued as a college. This approach failed as
ACCJC voted to remove the accreditation of CCSF anyway. The college would have closed in July 2014
except for the court case now pending in San Francisco filed by the City Attorney of San Francisco. The
judge in the case has approved an injunction against ACCJC that ordered the ACCJC to not take any
further action to close CCSF until after the conclusion of the trial.
The trial is set to begin in San Francisco Superior Court beginning October 27, 2014. The case is expected
to last 5 days.
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October 22, 2014 CEOs to Beno and Herrera
Representing the CEOs in the Community College League of California, three district chancellors wrote a
letter to Barbara Beno and Dennis Herrera. The letter was a request that the parties to the People v.
ACCJC consider an out-of-court settlement to the litigation.
Helen Benjamin (Contra Costa Community College District), Brian King (Los Rios Community College
District) and Cindy Miles (Grossmont-Cuyamaca Community College District) wrote “on behalf of the
Chief Executive Officers of the California Community Colleges spurred by our deep concern about the
pending litigation filed by the City Attorney of San Francisco against the Accrediting Commission for
Community and Junior Colleges. We understand and empathize with the complexities of matters that have
become the subject of litigation, and respect that this lawsuit is an intricate case with significant issues
for all parties involved. Even if the case were not immersed in the cauldron of politics and emotion that
surround the accreditation issues at City College of San Francisco, the stakes around the outcome would
be significant.”
The result would be very significant if the judge rules against the ACCJC and directs the ACCJC to
restore CCSF’s accreditation and begin again in their evaluation of CCSF but this time do it without bias
and consistent with their own rules and with required due process.
The letter notes that in a few days the trial would begin and “we strongly entreat the parties to
immediately pursue options other than a trial of the matter.” Due to the secrecy that ACCJC operates
under they were not aware that ACCJC has opposed any kind of discussion regarding an out-of-court
settlement. Instead the ACCJC has 7 different times attempted to have the case thrown out of court.
The three chancellors then go on to illustrate their misunderstanding of the same-old unfair and biased
ACCJC Restoration Process. The chancellors state that “Given the path to reaccreditation for CCSF
developed through the restoration process, it appears to us that a significant majority of the issues
contested have been resolved.”
In the heart of the letter they state “we encourage the parties to proactively pursue settlement of this
matter for two basic reasons:
(1)
Once the issue goes to a fact finder, the final outcome is outside the direct control of the parties,
and the decision could potentially have a deleterious effect on the accreditation process and the City; and
(2)
The costs involved in litigation are immense and create a mounting financial burden for all the
parties involved as well as the member institutions of the Commission, whose dues have been increased
to fund the legal expenses.” Clearly the chancellors feel that they have a monetary interest in closing
down the city attorney’s law suit.
They continue “Another option for the resolution of this dispute in addition to a settlement conference
would be exploration of non-binding mediation. Though neither party is obligated to engage in mediation,
it has been our experience that mediation can be a valuable process, particularly in cases that are as
contentious as this one. The perspective of a neutral third party can be most helpful in finding a middle
ground that avoids a winner-take-all mentality.” Again they do not know that ACCJC has opposed such
at effort at every step of the process.
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They conclude with a request to seek resolution before the trial begins.
On October 22, 2014 the three chancellors were sent a reply from Dennis Herrera (City Attorney of San
Francisco). He thanked the chancellors for their letter and stated his appreciation of their interest.
His letter then went on: “Although trial begins in five days, I wanted to make sure to respond to your
letter and quickly clear up two facts.
First, since I filed this case on behalf of the People of the State of California, seeking a fair process for
City College of San Francisco and all California Community Colleges, I have made clear that my office
would be happy to have settlement discussions and/or attend a mediation. A widely respected mediator,
who specializes in high stakes matters, Tony Piazza, reached out and offered to mediate the matter - pro
bona, My office accepted that offer, and presented the issue to the Court for reference to mediation. City
College of San Francisco also agreed to participate. The Court encouraged all parties to mediate.
ACCJC refused. To date, ACCJC - and ACCJC alone refuses to engage in settlement discussions. I
hope that clears up any misunderstanding about my office's willingness to engage in. good faith
settlement discussions.
Second, I want to make clear that my office is not acting out of emotion or politics. To the contrary, this
matter was brought to ensure that all California Community Colleges are assured fairness when they
are evaluated. This is the only way in which the public can be assured that our Community Colleges,
which serve this State so well, are being treated lawfully and fairly.”
The People v. ACCJC Goes to Trial October 27-31, 2014
The People of California vs. The Accrediting Agency for Community and Junior Colleges (ACCJC)
testimony portion of the trial lasted from October 27, 2014 through October 31, 2014.
The City Attorney of San Francisco’s case was directed at the action the ACCJC took to remove the
accreditation status of City College of San Francisco (CCSF). The action in June of 2012 to place CCSF
on SHOW CAUSE was the first sanction that CCSF had received. The assumption of the college was that
since they hadn’t previously been sanctioned for non-compliance on any standard, there were no
lingering requirements to satisfy standards. The college received a letter informing them to SHOW
CAUSE why they should not lose their accreditation sanction and that they had a year to comply. In
March of 2013 they were required to present to a visiting team a report on their progress. As one can
easily calculate, the time from June of 2012 to March of 2013 is several months less than the one year
promised.
The People claimed that “THE ACCJC ENGAGED IN UNLAWFUL ACTS
A. Lack Of Adequate Controls Against Conflicts ln Violation Of 602.15(a)(6).
B. Failure To Include Sufficient Academics On Teams In Violation Of 602.15(a)(6).
C. Failure To Provide Due Process In Violation Of USC 1099b And 34 CFR Sections 602.18(e) &
602.25(d).
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D. Failure To Provide Notice And Opportunity To Be Heard In Violation Of Common Law Fair
Procedure.
E. Violation Of Section 602.18 By Failing To Distinguish Between Recommendations To Address
Deficiencies And Recommendations To Improve Effectiveness. “
and “THE ACCJC ENGAGED IN UNFAIR ACTS”
The first witness on Monday October 27, 2014 was Alisa Messer - past president of AFT 2121 (City
College of San Francisco). The last witness on Friday October 31, 2014 was ACCJC Commissioner
Steven Kinsella. Other witnesses included ACCJC President Barbara Beno and Vice President Krista
Johns as well as ACCJC Commissioners Frank Gornick, Tim Brown, Sharon Whitehurst-Payne, and
Marie Smith. In addition to Messer and ACCJC president Beno, the People called Community College
Chancellor Brice Harris, past CCSF Financial Officer Peter Goldstein, Community College Independents
president Richard Hansen, former CCSF Associate Vice Chancellor for Governmental Relations Leslie
Smith, and David A. Bergeron. Bergeron currently serving as Vice-President for Postsecondary Education
at the Center for American Progress. He previously served as the acting assistant secretary for
postsecondary education at the U.S. Department of Education. Kern Community College Chancellor
Sandra Serrano (who is also a WASC commissioner and chair of both the 2012 and 2013 visiting teams)
was called to testify by the ACCJC lawyers. There were twenty witnesses that testified by deposition.
The actual behind the scenes discussions of Beno, the visiting teams, and the Commission are difficult to
find out due to the imposed level of secrecy imposed on accreditation participants. That being said, some
new disclosures were brought out during testimony that illustrated the bias of the evaluations, the ACCJC
staff and the Commissioners themselves.
The trial ended with Judge Karnow ordering that post trial closing briefs be filed no later than December
2, 2014. Closing arguments will be held at 1:30 p.m., December 9, 2014. After that Judge Karnow will
prepare a tentative decision. The parties must then file written objections within 15 days, to be followed
by the final decision.
The People began with a statement that claimed that the ACCJC used unfair, biased, and illegal
procedures when it decided to terminate the accreditation of CCSF and by so doing, violated the state’s
Unfair Competition law. The remedy requested was a completely new start to the evaluation process
(during which the CCSF would continue to be accredited).
The judge had already decided, in agreement with the U.S. Department of Education, that the ACCJC had
violated federal requirements when each of the Visiting Teams had only one faculty member on them.
Both Beno and Johns, during their testimonies, stated that even though the teams were required to have
significant faculty participation that there was not an exact number required. They claimed that no final
decision on that issue had been made by the U.S. Department of Education.
Beno testified that she did not make recommendations on what decisions should be made by the Visiting
Team. As a reader (who writes up a summary for Commission consideration) she claimed that she only
suggested grammatical and inconsistency changes. From her testimony it was clear that she played a
much larger role - particularly outside the meetings of the Commission.
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An important issue in the case is whether the college was provided with fair due process. In testimony
Beno and Serrano both confirmed that new claims that CCSF violated standards were introduced at the
insistence of Beno between the time that a draft report was sent to CCSF for preparation of arguments
before the Commission and a final amended report before the Commission. The Commission’s rules state
that in such cases the Commission was required to give CCSF time to respond. The line of questions and
answers illustrates Beno’s approach as a witness:
"You asked Dr. Serrano to not send the draft report until you could comment on it?" Deputy City
Attorney Ronald Flynn asked Beno, who answered "Correct."
"And it included your intended edits?" he asked. "It seems to, yes," Beno said, looking down at a copy of
the draft.
"[The ACCJC] did not afford City College additional time to appeal the deficiencies before finalizing
its determination, did it?" Flynn asked.
Beno began to read from the draft document. Judge Curtis Karnow interrupted her, saying "That's not the
question." "He's not asking about the text, he's asking about what happened in the real world," Karnow
said.
Flynn repeated the question, to which Beno finally replied, "No."
Flynn's questioning also revealed that the site visit team appointed by the commission to evaluate the
college had come to several positive conclusions that were omitted or changed at Beno's request.
Among the deletions made at Beno’s suggestion was one that noted the college's "high level of
dedication, passion and enthusiasm" in addressing its problems. In the testimony later by commissioners,
this deletion alone could have made a real difference in what they decided.
In addition it was disclosed that the 2012 Visiting Team had only discussed Warning and Probation
sanctions and ended up recommending that the Commission issue a Probation Sanction with a two-year
reporting period. The Commission ended up voting the higher SHOW CAUSE sanction.
In later testimony Beno attempted to save face on the question of the due process violation by introducing
an invented distinction. She attempted to distinguish between “deficiencies” and “standards of
noncompliance.” A “deficiency”, Beno said, is "a behavior that leads to noncompliance." She then
claimed that under the ACCJC's rules, in the case where the Commission finds deficiencies not
recognized when the final visiting team report is completed, the school must be given adequate time to
respond. But, she went on, if it finds only noncompliance with standards, no such due process is required.
She then went on to say that the Visiting Team only found new examples of noncompliance, not new
"deficiencies," so the due-process procedure wasn't needed. Under questioning she could not produce any
of the ACCJC policies and procedures that make that distinction.
Serrano stated under oath that she, as Visiting Team Chair, would not change a proposed team decision
regarding violations of standards without consulting with her team. This claim came under attack during
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her testimony. During the questioning by Deputy City Attorney Matt Goldberg, Goldberg asked Serrano,
"Did you consult teammates [about Beno's edits]?"
She replied: "I really don't recall."
Under deposition last month, Serrano was directed to submit any record of communications between her
and the evaluation team. Goldberg alleged Serrano did not submit any correspondence at the time of
Beno's edits, proving she did not consult her team. Instead, he alleged, she made immediate changes to the
report based on what Beno had recommended. These changes may have ultimately condemned CCSF.
ACCJC Vice President Krista Johns was another ACCJC witness who provided less than straight forward
testimony. Deputy City Attorney Yvonne Mere attempted to make clear that the U.S. Department of
Education had found numerous violations by the ACCJC and given it one year to improve - the equivalent
of a SHOW CAUSE sanction. Johns tried to evade the question numerous times but finally gave a Yes
answer to the fact that the Department of Education had found ACCJC non-compliant with the definition
of an "academic" on a site visit team and with failing to maintain adequate controls over conflict of
interest and appearance of conflict of interest. She also admitted that the ACCJC had changed its policies
for the selection of commissioners after a complaint was filed by the state chancellor in 2010. Even
though the ACCJC was told to elect Commissioners rather than appoint them, the Commission did not
remove any of the Commissioners who had been improperly selected. Most of the Commissioners that
evaluated CCSF had been chosen by the improper method.
The violation of “academic” revolved around how many academics were on the teams that visited CCSF
(only one on each team). The U.S. Department of Education found that having only one teacher on a team
violated U.S. DOE regulations.
Another due process issue before the court had to do with whether ACCJC had been given adequate fair
warning that they were required to make changes recommended by visiting teams in prior years. The U.S.
Department of Education found that ACCJC did not make clear the difference between a
recommendation that required the college to come into compliance with a standard and a
recommendation that a college improve in some area. The U.S. Department of Education sanctioned
the ACCJC for using vague wording, stating "what is not clear ... [is] how an institution, an evaluation
team, the Commission or the public is to know the difference."
In a deposition, Constance Carroll (the Chancellor of the San Diego Community College District) testified
that the 2006 CCSF Visiting Team for which she served as Chair had found no deficiencies at CCSF.
Despite this lack of warning that CCSF had any problems that were required to be fixed, Beno and others
harped on the so-called “concerns” since 2006.
Attorney Flynn reminded Beno during testimony that in 2013 the Education Department warned the
commission that it was out of compliance with federal regulations when it used the ambiguous term
"recommendation" when telling colleges to fix not only minor issues but major ones that threatened their
accreditation.
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"The department found the commission's use of (that term) impacts the ability of the agency to provide
due process," Flynn said. Beno called that and three other findings of noncompliance "preliminary." "I
refer to them as four findings of alleged noncompliance," Beno said.
Beno also stated on the stand that she still believes that having her husband on a CCSF visiting team was
not an apparent conflict of interest nor was the fact that he came from an adjoining community college
district that could benefit from the closing of CCSF indicate a conflict of interest.
In regard to the power of Beno in the process, state Community College Chancellor Brice Harris told
Judge Karnow that ACCJC President Barbara Beno swayed him to remove the CCSF elected board of
trustees and replace them with Special Trustee Robert Agrella. Agrella then played a large part in the
actions against CCSF by testifying against the very college he was then the head of.
Harris stated that Beno told him "she was fearful the college could lose its accreditation.” She believed
the state takeover was the only way the college could retain its accreditation." Harris also testified
that if he knew then what he knows now he would not have followed Beno’s direction in removing the
elected Board of Trustees.
Harris said that he and Beno met several times to discuss strategies to “save the college.” In an e-mail to
Harris after he made a public statement regarding the need for a Special Trustee, Beno wrote: "Beautiful
job, "I think generally the news is letting people know the college may survive, with the right leadership."
In his public statement explaining the action to remove the CCSF’s elected board Harris noted that “111
of 112 colleges are living under the ACCJC’s rules.” If he meant that 111 of 112 colleges had not been
put under sanction then his statement was untrue. In fact, more than half of California’s community
colleges have been put on sanction by the out-of-control ACCJC.
Chancellor Harris served on the ACCJC in 2006, and worked with Beno previously.
The appeal process that ACCJC uses also indicated a lack of due process. The first step in an appeal to a
decision to close the college is a relook at their decision by the Commission that made the original
decision. The next step is supposed to be the establishment of an independent panel to hear the evidence
and make a decision on the propriety of the Commission decision. In testimony Krista Johns
acknowledged that Beno appointed the appeal panel that included three ex-commissioners and a college
trustee that conducted training with Beno. The challenge by CCSF to seating these members of the
panel was rejected by the Commission and all served on the appeal panel. The biased appeal panel is one
of the indications of lack of due process in the city attorney’s filing.
The financial stability of CCSF was one of the major reasons given for removing CCSF’s accreditation.
Alisa Messer testified to the severe loss of student enrollments since the ACCJC put CCSF on SHOW
CAUSE. Since community colleges are funded based on student enrollments, the action of the ACCJC
made the financial situation at CCSF more tenuous. But with the passage of a special parcel tax
(Proposition A) in San Francisco which would bring in $15 million a year and the passage of Proposition
30 statewide which would bring in millions more, CCSF’s finances looked much better when the
Commission voted to revoke accreditation.
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In testimony Steve Kinsella, one of most vocally anti-CCSF Commissioners, stated that he voted to
revoke accreditation because the college owed more money than it had in the bank, which "technically
means they're insolvent."
After Deputy City Attorney Ron Flynn reminded Kinsella that Prop. A would bring in millions of dollars
a year, and the money would arrive within weeks of the commission's revocation vote, he asked "Was
that an improvement?" "No," Kinsella said.
In fact, as former CCSF Financial Officer Peter Goldstein reported under examination, from 2006 thru
2013 CCSF had always been above the 5% reserve level recommended by the State Chancellor’s
Office. Alisa Messer and Peter Goldstein both testified to the salary cuts that faculty and staff received as
well as other cost cutting steps the college took. It appears that the Commission, when it voted to end
accreditation, was not made aware of these actions.
During that time the colleges were receiving their annual apportionment late. As a result many colleges
across the state borrowed money in order to meet a cash flow problem and legally booked the late
apportionment in the year that it was state budgeted. CCSF did likewise. The borrowing of money was
emphasized to the Commission but the routine nature of such action was not. In any case, CCSF was not
in financial turmoil.
The Commission was also not appraised of the salary cuts to employees during the recession.
Commissioner Sharon Whitehouse-Payne testimony that “if we have to take a pay cut, that’s what we
have to do” illustrates the lack of understanding by the Commission concerning CCSF efforts before
they voted. In short, the picture given to the Commission was not accurate with respect to the actual
situation at CCSF.
The ACCJC has been attacking colleges for a number of years for not pre-funding their “other postemployment benefits (OPEB). The OPEB comes out of GASB 45 which is an accounting good practice
which requires the posting of the 30-year amortized cost of such benefits as retiree health benefits.
GASB 45 does not require pre-funding the liability - only putting the amount of the calculated longterm liability on their books. Colleges like CCSF have paid these retiree health benefits on a yearly basis
based on the current year cost of such benefits. This process is commonly called “pay as you go.” CCSF,
and many other colleges, have had a pay as you go policy for more than forty years without any problems.
During the last six years, the ACCJC has criticized and sanctioned colleges, including City College,
because they did not sufficiently 'prefund' their estimated liabilities based on the projected 30-year cost of
promised retiree health benefits. This is a good example of how the ACCJC tries to inflict their version
of good practice on colleges in a manner that is not generally accepted. During bad time putting such
funds aside cause the cutting of classes. I have written a paper on this topic with regard to the impact on
the Los Angeles Community College District. I point out in that paper that the cost of pre-funding is twice
the cost of pay as you go.
One motive of the ACCJC attempt to force colleges to pre-fund is the role that Commissioner Steve
Kinsella and Commissioner Frank Gornick played in the development of the Community College League
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of California (CCLC) Retiree Health Benefit JPA (Joint Powers Authority). Colleges have been
encouraged to bank their money in this JPA. A number of evaluation team members sit on the board of
the trust fund. Kinsella himself has been placed by Beno as chair of at least four visiting teams as well as
a number of other visiting teams as a team member. The teams he has chaired and been a member of have
come down hard on colleges for not pre-funding. This certainly has the appearance of a conflict of
interest.
David Bergeron testified that he had spent 30 years with the U.S. Department of Education. He stated that
the main purpose of accreditation is to ensure academic quality. He noted this as one of the reasons why
there should be a significant number of faculty on visiting teams. He made clear that in his experience
having only one faculty member on a team was not consistent with Department of Education
requirements.
Harris and Bergeron both went through the California Community College Scorecard for CCSF. In almost
every category of academic excellence, CCSF placed above the average of community colleges in the
state. Beno testified that the Scorecard does not measure any of the standards and thus did not count in the
accreditation process as an indication of the quality of the institution. Chancellor Harris, in testimony,
disagreed.
Nowhere in the ACCJC defense was there any evidence that CCSF did not have an excellent academic
record.
If the college was providing a quality educational experience and continues to offer classes without
ending with a negative balance, why close it? The City Attorney’s office has offered the suggestion that
CCSF was being punished for opposing the recommendations of the Student Success Task Force (as
did all four of the faculty members on the task force). SB 1456 was eventually passed with letters of
support from Barbara Beno. Beno claimed that the ACCJC and she did not endorse the Task Force
Findings and the subsequent legislation. They only wrote that they supported each. I am not sure what the
difference is.
CCSF administration and one other college administration opposed SB 1456. Beno acknowledged her
awareness that a few "individual colleges are more or less sensitive to the various recommendations of the
task force." Beno then denied knowing the CCSF opposed the bill even though the administration, in the
name of only two colleges, had opposed. The bill included provisions favoring transfer and vocational
education and played down the value of life-long learning. CCSF has, until the appointment of the Special
Trustee, been proud of its support of the California Master Plan which called for community college
opportunity for all adults who could benefit. CCSF opposed rationing of education and did what it could
to not cut classes. ACCJC disagreed and stated that the college must face current realities and not
serve the broad range of students that CCSF has so proudly served over the years. ACCJC called on
the college to hire more administrators, put money away for future retiree benefits, cut the number of
faculty and classified employees, and recognize the current reality that the Master Plan can no longer
function as it was designed.
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Oct. 31, 2014 ACCJC: WHAT’S EDUCATION GOT TO DO WITH IT?! By Alvin
Ja
ACCJC should be judged in relation to the overarching purpose of accreditation set forth in ACCJC
Bylaws and 34 CFR 602.1:
ACCJC Bylaws Article I Section 2 states that its purpose is “improving and validating the quality
of…education…through the creation and application of standards of accreditation and related
policies…”
34 CFR 602.1: Why does the Secretary recognize accrediting agencies?
(a) The Secretary recognizes accrediting agencies to ensure that these agencies are, for the purposes of
the Higher Education Act of 1965,as amended (HEA), or for other Federal purposes, reliable authorities
regarding the quality of education or training offered by the institutions or programs
they accredit.
IN WHOSE INTERESTS: PUBLIC, OR ACCREDITING COMMUNITY?
ACCJC is incorporated as a public benefit organization. However, In a Press Release dated /23/2014,
ACCJC revealed that their true purpose was the preservation of its above-the-law unaccountable power.
ACCJC was concerned about “great harm to the accrediting community”; it was not concerned with the
much greater harm that has been, and continues to be, inflicted on our
community and its students.
Current ACCJC Chair Steven Kinsella wrote an impassioned 10/24/2013 e-mail to CCC CEO’s last year
asking for support for ACCJC’s Petition for Renewal of Recognition. His letter showed no concern for the
public/student/community interest. It revealed only interest in protecting the “system” [of accreditation].
QUALITY OF EDUCATION NOT RELEVANT TO ACCREDITATION STANDARDS
To paraphrase Tina Turner: What's education got to do with it?! What's education but a second-hand tool
to power? Who needs education when you can rule an empire?
The City Attorney filed a Declaration citing the positive results of CCSF’s CCCCO Student Success
Scorecard. ACCJC opposed the Declaration arguing: “This information [Student Success Scorecard
results] is submitted to support the position that the college provides a quality education, which is not
relevant to whether the college met the accreditations standards…”
State Chancellor Brice Harris testified on the first day of the trial regarding CCSF's positive performance
as measured by the Chancellor's Office's Student Success Scorecard. The ACCJC attorney asked the State
Chancellor to cite the ACCJC Accreditation Standard to which the Student Success Scorecard measures
pertained. The ACCJC lawyer was smug and triumphant when Chancellor Harris was unable to connect
the Scorecard results with Accreditation Standards.
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In winning this skirmish with the Chancellor, ACCJC let the State Chancellor, the Judge, and the
community know: "WHAT’S EDUCATION GOT TO DO WITH IT?!"
UNFAIRNESS OF COMMISSIONER SELECTION/ELECTION
State Chancellor Jack Scott complained in 2010 to Dept. of Education about Commissioners being handpicked. ACCJC subsequently instituted changes in their Bylaws as a result of the complaint to USDE.
Despite the change, member institutions' role remains very limited. The selection of Commissioners
remain controlled by a small group of people. The Commission is a peer membership body in name, but
true power resides in a small Power Elite of President and Executive Committee.
The Commissioners--except for one Commissioner elected recently via an at-large nomination—are preselected by an 8-member Nominating Committee appointed by a 3-person Executive Committee. The
Nominating Committee then chooses candidates to populate a SLATE on the basis of ONE candidate per
vacancy (in other words, if there are two vacancies, the Nominating Committee chooses 2 people to be on
the Slate. Finally, institutions (represented by Chancellors/CEO's/Presidents) then get the privilege of
voting YES/NO for the SLATE. A new At-large candidate procedure is overwhelmed by the Slate
procedure.
Bottom-line: The procedure for Commissioner selection is, for all practical purposes, still hand-picked.
THE CONCEPT OF TEST VALIDITY
A basic concept in the educational field is the concept of test validity: Does a test measure what it
purports to measure?
Similarly, the creation and application of standards and policies should be weighed against how much
they contribute to “improving and validating the quality of education.” Are policies, eligibility
requirements, accreditation standards valid measures of the quality of education?
Policies, eligibility requirements, accreditation standards that do not contribute towards improving or
validating the quality of education and that only have a function of enforcing discipline and obedience
over its member institutions should be seen as unfair and contrary to the purpose of accreditation.
Contrary to its own stated purpose in ACCJC Bylaws, ACCJC’s current leadership has exposed that its
true purpose has been the preservation and expansion of its above-the-law unaccountable power.
The creation and application of ACCJC requirements, standards and policies has been more about power
projection, enforcement of discipline and obedience, and the building of a powerful and unaccountable
agency than the improvement and validation of educational quality.
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ABUSE OF THE PUBLIC TRUST
Accrediting agencies are awarded the public trust by Dept of Education to be gatekeepers to federal funds
to validate “quality of education or training.” Recognized accrediting agencies are given great freedom in
setting standards and policies. However ACCJC has taken advantage of this freedom to abuse their power.
The incommensurate sanctions on CCSF has caused substantial harm to students and community.
FEDERAL REGULATIONS: KEYS TO THE KINGDOM WITH A LICENSE TO KILL
34 CFR § 602.16 (e) Accreditation and preaccreditation standards.
(e) An agency that has established and applies the standards in paragraph (a) of this section may
establish any additional accreditation standards it deems appropriate.
34 CFR § 602.23 (f) Operating procedures all agencies must have. The agency may establish any
additional operating procedures it deems appropriate.
ACCJC has taken advantage of the apparent license and unrestrained authority given by § 602.16 (e) and
602.23 (f) to gain the keys to the kingdom. These two Sections give a “license to kill” (more politely,
BROAD LATTITUDE) to unscrupulous agencies. ACCJC is an unscrupulous agency. It has set up
criteria, procedures and processes that are intrusive, prescriptive, costly, granular, and-–most
importantly—unrelated to quality of education for institutions.
OPPRESSIVE, UNSCRUPULOUS, AND ABOVE-THE- LAW
ACCJC has created and applied requirements and policies that are oppressive and unscrupulous:
At the June 7, 2013 “Public” Session, ACCJC added a new Policy Element #9 to their Policy on
Institutional Integrity and Ethics. This new Policy Element states:
“9. The institution makes complete, accurate and honest disclosure of information required by the
Commission, and complies with Commission requests, directives, decisions and policies. The institution
acknowledges that if it fails to do so, the Commission may act to impose a sanction, or to deny or revoke
candidacy or accreditation.”
Moreover, ACCJC has given itself power normally reserved for governmental regulatory agencies and
binding contracts in its Policy on the Rights and Responsibilities of ACCJC and Member Institutions:
“A member institution has the responsibility to acknowledge that specialized accrediting agency
recognition , local governmental requirements and/ or collective bargaining agreements, in and of
themselves, do not abrogate or substitute [for] institutional and employee obligations to comply with
Eligibility Requirements, Accreditation Standards, and Commission policies.”
According to this policy, ACCJC dictates and policy take precedence over Federal Regulation, local law,
and labor contracts. These two policy requirements combine to give ACCJC unrestrained dictatorial life
and death power over the institutions that it accredits. It is because of this unrestrained power that Robert
Agrella, CCSF’s Super Trustee, did not include the findings of ACCJC non-compliance from the
8/13/2013 Department of Education determination letter as part of CCSF’s Review/Appeal of
Termination argument .
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ACCJC’s unaccountability and arrogance and resultant unfairness has been evidenced by its legal briefs
arguing for safe harbor, immunity, and for its claims of lawful and proper conduct despite its violations of
federal Regulations.
MEMBER INSITITUTIONS, CCC CHANCELLOR’S OFFICE & BOARD OF GOVERNORS
ACCJC needs a major reform of its leadership and Bylaws, Requirements, Standards and Policies.
All member institutions, State Chancellors Office & Board of Governors need to work on removal of the
rogue power elite that currently controls ACCJC. After such ouster of the Power Elite for cause, pursuant
to its Bylaws, it needs to institute a major overhaul of its Bylaws, Requirements, Standards, Policies to
remove rules that only further power projection and discipline that have nothing to do with improving or
validating educational quality.
ACCJC was put on notice by Department of Education for being unable to show that its standards,
policies, procedures, and decisions are widely accepted by educators.
EDUCATION COMMUNITY
Unscrupulous ACCJC practices have been exposed in Court. Dissatisfaction with ACCJC practices has
gathered strength and momentum.
Educators should submit letters expressing non-acceptance of ACCJC practices and decisions so
that ACCJC’s Petition for Renewal of Recognition will be denied next year—UNLESS ACCJC is able to
achieve a miraculous revolution in integrity which would to enable it to make internal reforms.
Successful internal reform that achieves the return to its stated purpose of “improving and validating the
quality of education” should be the only reason to allow ACCJC to get its Recognition renewed—the
ONLY reason.
November 15, 2014 Plenary Session of the Academic Senate for
California Community Colleges
The Academic Senate for California Community Colleges met on November 13-15, 2014 met in a plenary
sessions with hundreds of faculty participating. They discussed a number of academic and professional
issues including those revolving around the work of the Accrediting Commission for Colleges and Junior
Colleges (ACCJC). The discussions of ACCJCs were directed at the vagueness of the letters sent to
colleges after actions taken at the ACCJC January and June meetings, the amount of wasted time
involved in preparing college reports for ACCJC visiting teams, the value of the student learning
outcomes (SLOs) requirements of the ACCJC, and support for City College of San Francisco (CCSF).
Three resolutions were approved by the voting body and one was sent to the Executive Committee for
possible action. The resolutions were:
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“Student Learning Outcomes and Faculty Evaluations (Approved Nov. 15, 2014)
Whereas, Standard III A.6 of the Accreditation Standards# adopted in June 2014 by the Accrediting
Commission for Colleges and Junior Colleges (ACCJC) states,
The evaluation of faculty, academic administrators, and other personnel directly responsible for student
learning includes, as a component of that evaluation, consideration of how these employees use the
results of the assessment of learning outcomes to improve teaching and learning;
Whereas, The Academic Senate for California Community Colleges, in its 2004 paper The 2002
Accreditation Standards: Implementation#, has stated its opposition to the use of student learning
outcomes (SLOs) as a basis for faculty evaluation, noting the potentially negative impact on evaluation as
a collegial peer process, on academic freedom, and on local bargaining authority, and further affirmed in
Resolution 2.01 F08 Opposition to Using SLOs in Faculty Evaluation "That the Academic Senate for
California Community Colleges affirm its opposition to including the attainment of student learning
outcomes as an aspect of individual faculty evaluations";
Whereas, College personnel experience an inability to reach consensus regarding how to interpret
Standard III A.6, which causes confusion about the impact on performance evaluations, including
evaluations for faculty; and
Whereas, The assessment of student learning and professional development of faculty are academic and
professional matters, and engagement in professional development, such as practices identified in
numerous ASCCC publications and by the ASCCC Professional Development Committee, is an
established and valued component of evaluation;
Resolved, That the Academic Senate for California Community Colleges recommend that Standard III A.
6 of the Accreditation Standards, adopted in June 2014 by the Accrediting Commission for Community
and Junior Colleges (ACCJC), be interpreted for faculty as follows and disseminate this interpretation to
local colleges, system partners, and the ACCJC:
Faculty are responsible for using the results of the assessment of student learning to participate in college
processes to evaluate student achievement at the course, discipline, and college-wide scale as appropriate.
Faculty should engage in professional growth and development that improves teaching and learning. The
active participation of faculty in these collegial processes may be a factor in the evaluation of faculty;
however, the results of assessments of learning outcomes are not a basis for faculty evaluation.”
“Accreditation Evaluation Teams and Commission Actions (Approved November
15, 2014)
Whereas, The Academic Senate for California Community Colleges values the peer review process as a
mechanism for reflective evaluation and improvement#;
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Whereas, The Academic Senate for California Community Colleges believes the recommendations of an
accreditation evaluation team, with appropriate faculty representation, should be the primary basis for
evaluation; and
Whereas, The recent revelation reported in the August 28, 2014 edition of the Los Angeles Times# that
the 2012 action of the Accrediting Commission for Community and Junior Colleges to place City College
of San Francisco (CCSF) on "show cause" status did not align with the recommendation of the evaluation
team to place CCSF on probation;
Resolved, That the Academic Senate for California Community Colleges collaborate with its system
partners to urge the Accrediting Commission for Community and Junior Colleges to provide
comprehensive training to its evaluation teams that is of such depth and scope that the recommendations
of evaluation teams will normally serve as the primary basis for a college’s evaluation; and
Resolved, That the Academic Senate for California Community Colleges collaborate with its system
partners to urge the Accrediting Commission for Community and Junior Colleges to provide transparent
justifications for its actions when they are not congruent with the evaluation team’s recommendations.”
“Faculty Participation on ACCJC External Review Committees (Approved
November 14, 2014)
Whereas, The goal of accreditation, according to the United States Department of Education, "is to ensure
that the education provided by institutions of higher education meets acceptable levels of quality” and
faculty in the community colleges are responsible for the provision of quality education;
Whereas, On September 5, 2013, President Beth Smith, President of the Academic Senate for California
Community Colleges, wrote to Kay W. Gilcher, Director Accreditation Division in the U.S. Department
of Education Office of Postsecondary Education, noting that the Accreditation Group in the Office of
Postsecondary Education found the Accrediting Commission for Community and Junior Colleges in
violation of a number of requirements to be re-accredited and particularly Criteria for Recognition
§602.15(a)(3), which requires a significant number of faculty on its evaluation, policy, and decisionmaking bodies;
Whereas, The U.S. Department of Education found that one faculty member on a college External
Evaluation team did not satisfy Criteria for Recognition §602.15(a)(3) but did not spell out what
represented a significant proportion of faculty on such teams; and
Whereas, According to the California Community College Chancellor’s Office Fall 2013 Report on
Staffing, that faculty represent 67% of staffing in California’s community colleges while administrators
only represent 5.6%;
Resolved, That the Academic Senate for California Community Colleges recommend that the Accrediting
Commission for Community and Junior Colleges appoint college External Evaluation teams with at least
40% faculty representation; and
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Resolved, That the Academic Senate for California Community Colleges report out at the Spring 2015
Plenary Session on the proportion and number of faculty on each of the Accrediting Commission for
Community and Junior Colleges visiting teams for Spring 2014, Fall 2014, and Spring 2015.”
“Freedom to Choose (Referred to ASCCC Executive Committee for Consideration)
Whereas, The Academic Senate for California Community Colleges supported a change to Title 5
regulations on Accreditation in Resolution 2.01 S14 that would remove the Accrediting Commission for
Community and Junior College’s on accrediting California’s community colleges;
Whereas, The Board of Governors will consider at its November 17, 2014 meeting, a change in Title 5
regulation §51016, which will allow the Board of Governors, at the recommendation of the Chancellor, to
specify accreditors other than the Accrediting Commission for Community and Junior Colleges (ACCJC)
as an accreditor for California’s community colleges;
Whereas, The North Central Association of Colleges and Schools accredits colleges in Arizona, Arkansas,
Colorado, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, New Mexico, North
Dakota, Ohio, Oklahoma, South Dakota, West Virginia, and Wisconsin; and the Northwest Commission
on Colleges and Universities accredits colleges in Alaska, Idaho, Montana, Nevada, Oregon, Utah, and
Washington; and
Whereas, The ACCJC is currently under a condition that is the equivalent of "show cause" why they
should not lose their accreditation ability by the U.S. Department of Education;
Resolved, That the Academic Senate for California Community Colleges bring to the next Consultation
Council meeting a proposal to reach out to the North Central Association of Colleges and Schools and the
Northwest Commission on Colleges and Universities to determine their interest in accrediting community
colleges in California.”
November 17, 2014 Board of Governors Meeting
The California Community College Board of Governors (BOG) met at De Anza College on November
17, 2014 before a packed audience. The audience draw was two items involving accreditation and City
College of San Francisco (CCSF). The first item of crowd interest was a First Reading of a proposed
change in BOG Regulation 51016.
Removal of ACCJC mention in BOG Regulations
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Ҥ 51016. Accreditation. Each community college within a district shall be an accredited institution. The
Accrediting Commission for Community and Junior Colleges shall determine accreditation. Accreditation
shall be determined only by an accrediting agency recommended by the Chancellor and approved by the
Board of Governors . The Board of Governors shall approve only a regional accreditor recognized and
approved by the U.S. Secretary of Education under the Higher Education Act of 1965 acting within the
agency’s scope of recognition by the Secretary .
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section 70901, Education
Code, 34 CFR Part 602. A number of speakers spoke in favor of the elimination of the monopoly status of
ACCJC.
This regulatory change was recommended last year by State Auditor Elaine M. Howle. She stated that
that, “…inconsistent application of the accreditation process and a lack of transparency in that process
are weakening the accreditation of California's community colleges.”
I spoke in favor of the change noting that ACCJC had always claimed to be a voluntary organization even
though all community colleges in California were forced to join ACCJC in accordance with Board Rule
51016. I noted the recent Academic Senate Plenary that passed resolutions noting the vague requirements
of ACCJC and the lack of an adequate number of faculty members on college visiting teams. I noted their
requirement that colleges prefund their retirement benefits although the Chancellor’s Office has made
clear that only the reporting of the liability is required. I also mentioned that most faculty felt that the
required Student Learning Outcomes (SLOs) regime was felt to be a waste of time and that community
college trustees were being threatened when they spoke out as elected officials.
I pointed out that there are regional accreditors that could be used such as the North Central Association
of Colleges and Schools accredits colleges in Arizona, Arkansas, Colorado, Illinois, Indiana, Iowa,
Kansas, Michigan, Minnesota, Missouri, Nebraska, New Mexico, North Dakota, Ohio, Oklahoma, South
Dakota, West Virginia, and Wisconsin; and the Northwest Commission on Colleges and Universities
accredits colleges in Alaska, Idaho, Montana, Nevada, Oregon, Utah, and Washington. I suggested
that the Chancellor contact these accreditors to see if they were interested in applying to the U.S.
Department of Education for the right to accredit California Community Colleges. One of the BOG
members asked Brice Harris if he had talked to the U.S. Department of Education concerning other
accreditors. Harris replied vaguely that he had been in contact with the DOE.
Selected Testimony Before the Board of Governors on Removing ACCJC from Regulations
Timothy Killikelly (President AFT 2121)
The time has come for the accjc's monopoly to end. There is no reason for it.
[applause]
The actions at CCSF are only really the tip of the iceberg of what has occurred. We have seen that
throughout the entire system, the level of sanctions relative to other regional a creditors is off the charts.
We hope the removal of ACCJC’s monopoly is not just a symbolic process where we are pressing our
dissatisfaction of what is happening in the accreditation of California community colleges but actually the
beginning of a process. I am encouraged by hearing the questions that are being asked by the Board of
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Governors. They really seem to be getting to the heart of the matter to what would actually we would be,
what would occur, what would be the transition. They're important questions and I am very happy that
you are thinking about this so we can create finally a fair and transparent accreditation process here at the
community colleges of California.[applause]
>> Alvin Ja
>>I never thought I would see the day you would be willing to pull ACCJC as the designated accreditor.
I'm a retired blue collar worker and we look at things in terms of how they hit the ground, in terms of
practical real life consequences. When up-top shot callers and decision-makers make their calls they have
severe consequences down on the ground and I'm a regular citizen and I see the consequences. I was a bus
driver streetcar driver and also instructor for those vehicles, and what we always kept in mind was what
we called the big picture. What's the big picture? You just don't look in front of your nose.
What ACCJC has done is failed to look at the big picture and what is the big picture? In terms of their
own by laws, in terms of the federal code of regulations, the purpose of accreditation is very simple, to
validate and improve the quality of education. Very simple. Okay. But what ACCJC has done is it's taken
the license that recognition has given them and used this power to enforce their own standards that
basically have little to do with improving and validating the quality of education. What they have done is
concentrate power into a small group of people. They have misplaced the priority into a projection of
power, amassing power among themselves for their self-serving benefit as opposed to the benefit to
students. Basically the feds, when they give accrediting agencies recognition, are endowing them with the
public trust. ACCJC has, in terms of its actual application of their authority, has been against the public
trust, and basically they have been building their own self-serving empire.
[applause]
>> Martin Hittelman (Emeritus Professor of Mathematics - Los Angeles Valley College) >> I am glad
that the board of governors is finally moving to eliminate the monopoly that ACCJC has had. It's been
abusing its authority over the years. ACCJC has claimed to be a voluntary organization and clearly they
were not. Their process they say is peer driven. Obviously it's not. The field doesn't agree with many
standards they have adopted nor the way they are being interpreted. The ACCJC has been forcing their
values on the colleges. One example is GASB 45, the prefunding of retirement benefits. According to
what the Chancellor's Office has put out, which is in agreement with BASB 45, colleges are supposed to
put their retirement benefits liability on the their books but are not required to prefund it yet ACCJC
drives colleges to prefund it through an organization which some of their members help drive.
[applause]
Faculty are still not convinced that the student learning outcomes methodology is the right thing to do and
if you saw the academic senate session that just ended you will see there is a lot of controversy of the
value of SLOs and the time it takes and the ridiculousness of its requirement. The ACCJC is constantly
calling on trustees to act in certain ways which are contrary to democratic principles and law. The ACCJC
has been telling trustees that they should not be speaking out on matters of the colleges (as elected
officials are allowed to do) and they have other actions that they are pressing the trustees not to take,
possibly because Barbara Beno was fired by a board of trustees.
[applause]
As far as a solution you might look to the North Central Association of Colleges and Schools. They
accredit close by colleges in Arizona and Colorado and New Mexico plus a lot of other colleges. The
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other is Northwest Commission on Colleges and they accredit Idaho, Nevada and Oregon and could be a
good fit. I suggest that you look to see if they're interested in applying for the right to accredit California
community colleges. If you followed the People vs. ACCJC trial at all you have heard the whole litany of
lack of due process, biased influence, biased summaries to the commission which were not accurate and
therefore the commission voted not to follow the recommendation of the ACCJC’s Visiting Team.
So in short it's time to get rid of this rogue organization. It's time to
[applause]
It's time to lift their cloud of secrecy.
[applause]
David Morse (president of academic senate)>>
The Academic Senate would like to align with our colleagues that just spoke and the spring 2014
Academic Senate passed resolution 2.0 which called for the Senate to "work with the appropriate bodies
to remove references to one accrediting agency in Title V and replace with a neutral statement that
California Community Colleges shall be accredited by a regional federal agency." The action under
consideration is therefore consistent with the wishes of the faculty of the California Community Colleges
as expressed through the position taken by our delegates. We thank the chancellor's office for proposing
this change and wishes to express our support.
[applause]
>> Fred Glass (CFT)>>
Thank you for taking a moment to hear my views delivered on behalf of the 25,000 community college
members of the California Federation of Teachers and CFT President Pechtalt regarding agenda item 3.2.
I am speaking in favor of this change. As you know the CFT filed a complaint with the U.S. Department
of Education the spring before last regarding violations by the ACCJC of accreditation standards and
California law and their own policies. Our claims about ACCJC's disregard to their rules drew a
reprimand letter from the Department of Education warning the ACCJC to clean up their act and they
continue to violate many of the same norms and laws while passing through policies to appear as if the
ACCJC is not continuing to be in non-compliance. It continues for instance to field site teams for colleges
without resembling balance between administrator and faculty members and compounds the violation for
academic for administrators.
ACCJC faced a trial in San Francisco where evidence was shown that ACCJC staff recklessly attempted
to destroy education for 80,000 students with the SHOW CAUSE sanction and disparate treatment for
City College of San Francisco compared to other colleges. We fully expect the judge to order a new
review of city college this time conducted in a fair and lawful fashion. The ACCJC is an agency that is
out of compliance and out of control. We realize that further steps will need to be taken before another
entity might perform the complex work of accreditation of California community colleges but this step is
a necessary prerequisite to those other ones. It is past time to end the monopoly over accreditation,
exercised by a commission that has shown by its disregard for fairness, for law, for its own policies and
for the educational future of 80,000 students that it cannot be trusted and does not deserve to hold that
position any longer. I urge you to approve this change to Title V.
[applause]
>>
Alesia Messer
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I am an English teacher at City College of San Francisco and with the faculty union there. Thank you for
your consideration of this new language which our union supports as a first and necessary step. The last
time I addressed this body I asked about the disappearance of the task force report. I am pleased to hear
more recently that the task force has once again been reconvened and plans to approve and issue the
report and addressing the recommendations coming out of the joint legislative audit committee's review of
the ACCJC and its practices and missteps. The evidence continues to mount.
The ACCJC is not the right accreditor for our colleges and this state's students. The change in language
under discussion today speaks to that fact. The ACCJC is not like other accrediting agencies. Its actions,
not just at CCSF, have been inappropriate and vindictive and create fear in the colleges and with City
College of San Francisco and in the court and growing concern about the ACCJC but they are rarely
discussed in public.
In 2011 the Research and Planning Group for California Community Colleges issued a report that was
two years in the making titled "focusing accreditation on quality improvements." The group was
concerned with the soaring level of sanctions in California and at the discontent emerging with ACCJC's
approach to the accreditation process. The research noted that "transparent, open and honest opportunities
for feedback without fear of retribution are critical to a commission's relationship with member colleges."
However it reported "the colleges interviewed found ACCJC generally unreceptive to criticism and
expressed a fear of retaliation."
I have spoken with community college administrators, board members, faculty, staff and students and not
to mention elected officials from all over the state who have grave concerns about the ACCJC's practices
and not just at City College. They want City College to succeed as you do and they want the San
Francisco's City Attorney's office to win the lawsuit and expose the problems with the ACCJC but they
are afraid to say so and they're afraid of retribution from the ACCJC to their colleges. Your board has the
happy responsibility to protect our community college system for the millions of students that rely on it
every year in San Francisco, in Cupertino, in Compton and Fresno and that means you must be willing to
buck the trend with this accreditor, the ACCJC. As such this is a good step. We support it and look
forward to more.
[applause]
John Rizzo. [CCSF Trustee]
I will be brief. I am in support of this measure. I'm very glad to see you taking the advice of your auditor,
the joint legislative state audit committee. Accreditation is not working in California as we have heard.
This is a good fix for it. Thank you.
[applause]
Board of Governors Comments
Vice President Baum.
>> I have a question. Is it conceivable we would authorize more than one accreditor for districts? I just
wanted to know as a point of information?
Chancellor Harris>> no. I don't believe that is a recommendation I'm comfortable making at this time.
As you can imagine the standards put forward by an accrediting body if they were different -- let's say
there are two or three in the state you would have some vastly different institutions responding to those,
and it does not -- at least at this point make sense to have more than on accreditor for our colleges. It's
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suggested that the standards across the country are relatively similar and some would argue they are but
we have a good deal of portability in our colleges of moving from one to another in all segments of
employment and I think to go to multiple accreditors would be a pathway that we not want to go down
without a lot more thought from this point.
The regulation was then approved at the Board of Governors meeting in January 2015.
Return of CCSF Trustees to Power
The second issue of interest was an item that proposed to return the elected trustees of CCSF to power.
The item entitle “A Plan for Returning City College of San Francisco to Local Control” would remove the
Special Trustee only after a series of steps and no later than July 1, 2016.
The item noted that since the action to remove the elected board’s powers “the college has done extensive
work to recover and to meet the ACCJC Eligibility Requirements and Accrediting Standards and to
address the financial and fiscal control issues identified by FCMAT.” “Return of local control will not be
done quickly and will require the college and local Board of Trustees to meet certain milestones in order
to justify gradual return of authority of the local Board.”
The oversight was broken down into the following categories:
Phase I: Board In-service, Training and Orientation
Phase II. Initial Board Meeting Participation Without Authority
Phase III. Board Authority in Student Services and Educational Programming
Phase IV. Board Authority For All Areas Other Than Finance
Phase V. Board Authority in Finance Restored
Phase VI. Board Authority Fully Restored
BOG AGENDA ITEM 4.3 PLAN FOR RETURN TO LOCAL CONTROL
Selected Summary Testimony Before the California Community College Board of
Governors
Chancellor Harris
California Community College Chancellor Brice Harris give a brief background on how we got to this
point and then went over some recommended changes in that document as a result of the conversations
that he had with the Trustees at the City College of San Francisco (CCSF). [The serial meeting of elected
Trustees is a violation of the Brown Act].
Harris outlined a brief history of the movement toward the decision to revoke CCSF’s accreditation. He
noted that in 2012 a Special Trustee was appointed by the local board and then in July of 2012 the Board
of Governors, at Harris’s recommendation, “elevated” the Special Trustee one with Extraordinary Powers
(but did not supply a cape or other super powers) and removed power from the elected Board of Trustees.
Harris went on to claim that “Since that time a dramatic amount of progress has been made at the college
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on behalf of the faculty, the staff, the management team, the students and the community. They worked
extremely hard, and a lot of progress has taken place.”
Harris then turned to ACCJC’s newly invented “Restoration Process” and how that “could allow CCSF
another 24 months” after the loss of accreditation. He then affirmed that “the college did make
application for that restoration and has submitted the necessary self-study and in fact today, tomorrow
and Wednesday there is an accrediting visiting team on the campus having conversations with the
college. It is our expectation that the team will make a report and at their January meeting the
accrediting commission will make the determination as whether or not the college is admitted into
restoration.” He continued: “It's important to note on a parallel track with this is a lawsuit by San
Francisco City Attorney Herrera and the document that I have provided you in draft is only an
assumption of the restoration process. There are a myriad of alternatives available to the judge in this
case and depending on his findings this document could be become mute or certainly become alternate
significantly.”
Noting his conversation with the members of the newly elected CCSF Board of Trustees, he had decided
to recommend changing the time period for returning the elected Board to full power to 9- 18 months.
CCSF Trustee Rizzo spoke to his belief that “the requirement of no less than nine months is too long. We
could do it sooner than that and we should not have to wait for nine months no matter what.” He noted
that “The board was suspended two weeks after passing a balanced budget with a fully funded reserve
and an eight year plan that was unprecedented for all of the community colleges.” He spoke to the
accomplishments of the district over the previous year including recreating a dean structure as well as
more that 36 policies. “In fact we passed every recommendation that the special trustee had put in front of
us. We passed every one, most unanimous and still we did not get accreditation. Despite all of that,
despite of us following the directions of the special trustee we didn’t get accreditation.”
“We lost 35,000 students because of the idea that City College is going to close any day now. Returning
the board to power would demonstrate to our students and prospective students that they don’t have to
worry.” “We have been kept in the dark for the last 18 months. We don't know what is happening
because they're not communicating with us and we need to start closed sessions right away.”
Timothy Killekelly [President AFT Local 2121] spoke to the issue of the public’s perception of City
College if the return of the elected board is not immediate. He stated that “People need to know that
CCSF is being returned to the college that they knew for many, many years instead of it being in some
special state take over on a semi-permanent basis.” Killekelly also noted that “The special trustee at
City College is really not needed. The college is nowhere near insolvency. We have huge reserves. We
have stabilization funding. What is really needed is for the local board to get local control again.”
He called on the Board of Governors to “make your democracy commitment right here. “
Alvin Ja, a member of the general public, outlined the time that he thought it might take a person to go
through the ACCJC accreditation handbook, the board policy manual, federal recognition criteria, Council
for higher education accreditation recognition and policy and procedures, the Education code Title 3
community colleges, and the California Code of Regulations Title V (especially the finance and
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management and budget sections), as well as 2012 self evaluation, 2012 team visit report and show cause
action letter, the Show cause team visit report and termination letter, and the request for review. He also
included reading the appeal material and the appeal decision, Restoration policy and application of
restoration application for restoration, the upcoming current self evaluation and also the road map to
success. His time estimate was 18 days. He didn’t note that no other elected board of governors has read
this much material on the workings of the community college system. He closed by suggesting that the
Board of Governors needs to evaluate the super trustee.
My presentation to the Board of Governors: On June 10, 2014 Brice Harris testified under penalty of
perjury that "If I had known on July 8, 2013, that the rules of the Commission were going to be later
interpreted to preclude consideration of any progress made by City College after June 2013, and that there
existed no opportunity to preserve the accreditation of City College once the Commission made the
decision to terminate it, I would not have asked the Board of Governors to take the extraordinary
step of setting aside the locally elected Board of Trustees and to elevate the special trustee to one
with extraordinary powers. Every signal from the Commission's President, Dr. Beno, was that there
was an opportunity to save City College, that the "college may survive, with the right leadership."
Chancellor Harris's testimony also disclosed a number of meetings, telephone calls, and e-mails between
himself and ACCJC President Barbara Beno concerning the accreditation of City College of San
Francisco (CCSF) and the leading up to the appointment of a trustee with extraordinary powers. It is not
clear whether the ACCJC Commissioners or the Board of Governors were aware of this collaboration.
Several of the two conversations between Beno and Harris occurred just prior to the vote by the
Commission to remove the accreditation status of CCSF. It appears that Beno somehow knew how the
Commission would vote even before the Commission met. In any case, immediately after the vote to
terminate accreditation occurred (and before the vote was made public) Beno and Harris "spoke again
for the purpose of working out what could be done to save City College." Harris reached the conclusion
that from Beno's point of view, "the only way to save City College was for the Board of Governors to
‘take over' the college. The day Harris put out a video explaining the "take over", Beno wrote him an email that read "Dear Brice: Beautiful job. Thanks for your video statement, And for all the rest. We are
staying late, watching the various news accounts. I think generally the news is letting people know that
the college may survive, with the right leadership. I look forward to watching your efforts.
Have a good weekend."
Harris (and the Board of Governors) was misled by Beno to believe that if CCSF made progress after the
vote to terminate, that the Commission would consider those improvements. By November 2013 Harris
recognized that he had made a mistake in trusting Beno: "Unfortunately, that advice worked against us.
The Request for Review was denied on the basis that the Commission could only consider what occurred
up until the decision to terminate was made by the Commission. The ruling made clear that nothing City
College had done after that decision could or would be considered."
Harris and the Board of Governors should have, at that point, removed Special Trustee Agrella and
brought back the elected Board of Trustees. Instead they allowed Agrella and his appointees to
dismantle CCSF's educational system that was consistent with the California Master Plan for
Higher Education.
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[Once again for emphasis] Harris testified that " If I had known on July 8, 2013, that the rules of the
Commission were going to be later interpreted to preclude consideration of any progress made by City
College after June 2013, and that there existed no opportunity to preserve the accreditation of City
College once the Commission made the decision to terminate it, I would not have asked the Board of
Governors to take the extraordinary step of setting aside the locally elected Board of Trustees and to
elevate the special trustee to one with extraordinary powers."
Chancellor Harris and the Board of Governors should never have removed the duly elected Board of
Trustees. One lesson to learn from both individual and national histories: Don't give in to a bully - it
only encourages the bully to continue bullying. With this in mind, it is time to stand up against the
ACCJC and its wholesale assault on California's community college. It is time to stop taking orders from
Barbara Beno. It is time to start helping CCSF instead of helping to destroy it and all the quality
education that it has provided over the years.
Education Code 70901. (a) The Board of Governors of the California Community Colleges shall provide
leadership and direction in the continuing development of the California Community Colleges as an
integral and effective element in the structure of public higher education in the state. The work of the
board of governors shall at all times be directed to maintaining and continuing, to the maximum degree
permissible, local authority and control in the administration of the California Community Colleges.
It is time for the Board of Governors to act in compliance with law and good practice and immediately
return the elected CCSF Board of Trustees to full power.
As the People vs. ACCJC testimony revealed, CCSF never should have been put on SHOW CAUSE.
CCSF was never in a critical fiscal condition. CCSF should once again be treated in the same way as
every other district in the state is treated with its own locally elected Board of Trustees.
Monica Collins, a student and staffer at City College, stated that “the special trustee has been an
unmitigated disaster.”
Tarik Farrar, a CCSF Faculty Member, told the Board that “there is no rhyme or reason or basis for
continuing the special trustee. He has failed at the main task he was set with and that is keeping the
school open.” He also noted that Agrella and Thelma Scott Skillman made comments to the ACCJC that
“they interpreted to mean that the school was in disarray” and that this act on their part “showed an
incredible lack of judgment.”
Farrar spoke to how CCSF as an educational institution ranks in the time five or six community colleges
in California. He went on to say that “What happened to us it was an injustice that almost beggars the
imagination. It's time for that to end and the best way to get CCSF where it needs to be is through the
immediate institution of the democratically elected board of Trustees. It's that collective wisdom of
elected body. It represents the best way to solve problems because if that was not the best way why don't
we have kings? Why aren't we a monarchy if that's the best way to get things done? There's a West
African proverb that says the hare cannot cross the river on the crocodile’s back. We are the hare and
this whole process is the crocodile. It's time for us to get off the crocodile's back and to swim.”
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Chris Baum, Faculty Member at CCSF, noted that “What has happened to City College during the
accreditation crisis is contrary to the principles of democracy and one example is your removal of their
elected board of Trustees. The main rational for your removal was the actions of the ACCJC. Since they
threatened the school with closure the ACCJC has been found by the U.S. Department of Education to not
meet the criteria for recognition as an accrediting agency. They have been audited by the state of
California and among the things they found was its inconsistent rules and appeal process. ACCJC has
been sued by the City Attorney of San Francisco and as a result of that suit we now know that the
ACCJC's visiting team that came to the college in 2012 unanimously did not think that City College
should be placed on show cause. Furthermore, that same visiting team concluded that the programs at
City College and these are their words ‘City College provides high quality instruction’.”
“Even Chancellor Harris now says that City College shouldn't have been so harshly sanctioned and
threatened with closure so this means that the rational for the state takeover no longer exists. In the
interest of justice and democracy you should act to offer a resolution today that calls for immediately
restoring the authority of City College's Board of Trustees. That was requested in a resolution
unanimously passed last March by the people of San Francisco and the Board of Supervisors and enable
you to put into practice as Tim said previously your democratic commitment which is one of the items on
your agenda. This would be one small step correcting the damage done to City College.”
James McFadden, CCSF music instructor, has been teaching music at City College of San Francisco
since 1973 and during those 41 years also taught at College of San Mateo Community College and Santa
Rosa Junior College. He stated that “City College was always my favorite place to teach however. I loved
the bigness of the place, the halls on that first day of school every semester bursting with students eager
to get into a class. This semester it was a ghost town. I loved the diversity of the student body. I had a
wonderful student last semester who never missed a class and asked to take the final exam a week early
because her kids were taking her on a cruise for her 90th birthday. I love the commitment to lifelong
learning that City College and the people of San Francisco have made.”
Carole Meagher, CCSF Business instructor, listed a few of the blunders that Dr. Agrella has made since
coming to CCSF: “He spent time hiring and firing the administrators and shutting down shared
governance instead of letting the leaders solve recognized problems and told the ACCJC but not our
board in June 2013 that we didn't meet the standards despite a visiting team report that said otherwise.
The ACCJC decided to terminate our accreditation just based on his comments behind our backs. A
critical aspect of leadership, as you may know from your studies, is legitimacy. Dr. Agrella lacks
legitimacy. This makes it difficult to make meaningful change and spills over to the chancellor's office and
back room dealings and the mayor and so on. “
Wendy Kaufmyn, Engineering instructor at CCSF, spoke to the grave injustice and harm that has been
done to CCSF by the actions of the ACCJC. She also spoke to the process around the appointment of the
Special Trustee with Extraordinary Powers. “He was installed in July 2013 under two emergency
resolutions. One was to change the rules that really only allowed such a move if the school was
financially insolvent. City College wasn't as you heard Trustee Rizzo testify earlier, so you had to do an
emergency change to your own rules and 30 seconds later install the special trustee and we know now it
happened because Barbara Beno lead Brice Harris to believe that was the only way to save the school
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and I appreciate you want to save the school but we need to right the injustice and so much harm has
happened and not just the fleeing of the students and like my colleague said the morale has never been
lower. The special trustee made decision that are undemocratic and not accepted by the community. He
stopped the construction of the Performing Arts Center that was looked forward to by the community and
his action was totally unjustified. He's made many unpopular decisions. He is seen an outsider. I hear
they're called carpet baggers and wrecking crews. These are the nice names.”
“You need to understand the harm that is being done to our students. Please right this wrong. Get rid of
the special trustee and restore the powers of the board immediately, yesterday. They should have never
been taken away in the first place and no other college requires nine months of training for their
democratically elected board to take power. You need to right the wrong and put them back now.”
Anita Greer, a 15 year CCSF Trustee, stated that “It should astound no one that extraordinary powers
and extraordinary decision making wisdom are universally antithetical. In my years as trustee I never
would have imagined that in an accrediting commission would try to revoke the accreditation of a
community college which had some internally resolvable problems but was respected nationally for
academic excellence and humane treatment of our highly competent faculty and staff.”
“Like other Trustees and most people in San Francisco I assumed until 2012 that the ACCJC was a
legitimate organization committed to ensuring the instruction of quality and fiscal solvency. I now
believe the crisis was manufactured; that the ACCJC was a privatizing agency and they're bureaucrats
and their allies including people in this room are enemies of City College and the students and those that
need a higher education that can change their lives don't have advocates on the Board of Governors. I am
sorry to say that but I believe it. The five day court proceedings constitute the people's evaluation of the
ACCJC's performance. I believe that the ACCJC has abused its power, provided no due process for
challenging its harsh and irrational sanctions, and has disenfranchised thousands of students. Our
democracy response to this tyranny has been to go to the lawmakers and the streets and the courts and
we will continue to struggle on every front available to us until City College of San Francisco is fully
accredited and once again providing the comprehensive life affirming and affordable education of
100,000 students as we did in the past. Our success can be the vanguard for re-energizing the
California Master Plan for higher education and the liberation of students from the servitude of the
trillion dollar student loan debt. I know we will overcome because our struggle is just.”
Rodger Scott, a CCSF Faculty Member: “I'm a nervous and naive outsider in a bureaucratic theater of
the absurd. I look forward to Superior Court Judge Karnow's decision, which, I believe, will be a
significant victory for CCSF and the people we serve. The five-day trial itself was a great education since
testimony revealed the arrogance, incompetence, opportunism, political agenda, and dishonesty of the
ACCJC leadership.
As a teacher who recognizes the subjectivity of grading performance, I give failing grades to the ACCJC
commissioners and those in this room who facilitated their abuse of power. The testimony of the ACCJC
leaders suggests they didn't have to pass any language or intelligence tests to get their jobs. How much
common sense, deductive reasoning, professional ethics and educational leadership should it have taken
the Board of Governors to realize that the ACCJC is an enemy of affordable and accessible public
higher education? And where would we be today if those of us who believed the ACCJC sanctions were
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harsh and unjustified and without legitimate due process challenge if we had relied on the counsel and
assistance of Interim-Chancellor Scott-Skillman, Special Trustee Agrella and Chancellor Harris, three
people with Ed.D degrees from Nova University and combined public-sector pensions and publicly
funded salaries of over $1million?
Chancellor Harris and Special Trustee Agrella issued stellar statements without any criticism of the
extreme ACCJC sanctions but reminded ACCJC critics that CCSF was obligated to meet the same
standards that apply to the other 111 community colleges in California. If a Nobel Prize for Pompous
and Irrelevant Statements existed, those responses would certainly be in contention for the prize.
Chancellor Harris and Special Trustee Agrella seemed to take pride in informing all interested parties
that San Francisco City College and the Board of Governors were not parties to the lawsuit filed by City
Attorney Dennis Herrera--the action that has saved City College. So much for visionary leadership.
As a teacher, I believe formal education, rational analysis and collective judgment can lead us to the truth
in almost every human endeavor; however, serious discussion of restoration as a viable option and a
time-frame of many months to reinstate our elected Board of Trustees repudiate that theory. The people
here today have an ethical, legal and pedagogical mandate to reject restoration, to have our Board of
Trustees returned immediately, and to have an accreditation review by competent, responsible and
ethical members of an accreditation commission--and that's certainly not the ACCJC. There are
reports that Chancellor Harris is going to announce that our BOT will assume their rightful decisionmaking role in 2016. If he concurs with that message and expects the people to accept it, I would say that
his reasoning is as delusional as it is irresponsible.”
Fred Glass, representing the California Federation of Teachers (CFT) spoke for CFT President Joshua
Pechthalt: “I will just mention three points that he made and I will do it briefly in the interest of time.
One, the plan you have in front of you having the newly elected board of Trustees potentially waiting to
be seated until July of 2016 is unnecessary and unacceptable. That's what the voters said in the election
just a couple of weeks ago and that opinion of the voters of San Francisco needs to be honored.
Secondly many people have mentioned Chancellor Harris conversation’s with Barbara Beno in which he
believed that the appointment was the only way to save the accreditation of City College of San
Francisco. Ms. Beno did not keep her end of the bargain. The bargain is null and void. We believe that the
authority of the Trustees never should have been usurped in the first place.
Third, it is at the very least ironic and plain wrong that the institution charged with supporting
democracy in our country through education should be itself prevented from exercising democratic
governance. Please return full authority to the City College of San Francisco Board of Trustees as soon
as possible in 2015.
A number of students spoke to the value of CCSF as great college that tailor’s its education to meet the
student needs.
Martin Madrigal stated that he is “proud to say I will soon be alumnus of City College of San Francisco
transferring to San Jose State in the spring of 2015. However I come before you as a United States Navy
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veteran with four tours of combat and an activist for students. I fulfilled my obligation to defend the
Constitution and I am upset that this body is prolonging the time for Trustee with Extraordinary Powers.”
He continued by stating that “We reiterate the facts that the student population has been and will
continue to monitor the accreditation process. This should be more than enough reason to end the reign
of the special trustee considering that during his tenure City College of San Francisco has had drops in
students and classes and a mutation in who CCSF serves and their characteristics of San Francisco. It
wasn't the actions of the special trustee that kept our accreditation alive. Rather it was the activism of
students and the community.”“Students are fed up with this approach that has unbalanced the livelihood
of marginalized students. Students will no longer take the deception and the response will be swift and
heavy in its impact.”
Allan Fisher, long-time faculty member at CCSF, stated that “The staff, the faculty and people love City
College. Last night I received an email from the former president of the Academic Senate of City College
Karen Saginor. I am impressed with the email and she gave me permission to read it. She identifies two
flaws to extend the special trustee. The first is that you're denying the people of San Francisco the right to
participate in the important decision making that is going to be made at City College.
The second flaw is that the proposal as written would place control of the process into the hands of a
person that has a major conflict of interest. For each stretch of the way, Bob Agrella is asked how soon
he wants to relinquish power and put a stop to the generous paychecks he now receives. Perhaps you're
not aware he was in a situation that created a conflict of interest in 2013 and invited by the City College
Board of Trustees to serve as special trustee with major responsibilities for steering the college through
the show cause process. Two weeks ago in oral testimony in the case of the people versus the ACCJC six
of the ACCJC commissioners testified under oath about why they voted to terminate City College
accreditation at that meeting. Each one of them said Bob Agrella presented a powerful negative view of
the college to them. The commissioners said after hearing from him that they decided that contrary to
what they read in the visiting team reports, City College had made almost no progress in meeting
standards and was unlikely to make any in the future.”
“Most of the commissioners gave the report that a major influence on the decision is a fact that no
member of the Board of Trustees can come to the meeting. The fateful decision to exclude members of
the board from that meeting was made by Bob Agrella as acknowledged by one of the commissioners
and told the ACCJC that the accreditation that he had been overseeing was unsuccessful and the college
was on the brink of failure. He helped persuade the commissioners to vote for termination whether or
not that was his intention. We know that the consequence of the vote has been destructive to the college
and members of the community driven away by the news of the determination and limited closure but the
consequences of the meeting for Bob Agrella was elevation to a powerful position. It's not fair to the city
of San Francisco or Bob Agrella to put him in a position acting as the gatekeeper when he is unnecessary
and unemployed. Please amend your plan and reinstate the board of Trustees. Allow them to begin work
in January 2015.”
A spokesperson for Assemblymember Ammiano read a letter from the Assemblymember urging the
board “to immediately return local authority to the duly elected CCSF Board of Trustees. The Board of
Trustees are elected to represent the constituents and should be involved in any planning including
preparations for the return to authority. There is no justification for suspending public oversight for this
district for this length of time. As you know the visiting team of evaluators have recommended Probation
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and not Show Cause. The ACCJC ignored that and had a stricter one. In the most recent legislative
session I, Assemblymember Ammiano, authored a bill requiring regulations describing the conditions in
which a school may be assigned a special trustee and states that meaningful consultation must take place
with the Board of Trustees prior to decision making. This bill received by-partisan support. The Board of
Trustees approved every measure that the Special Trustee put before them. There is currently a
communication break down between the Board in San Francisco and others. Every email shows their
belief there is no purpose to have an elected board. And Chancellor Harris promised to be
communicating with the ACCJC. The chancellor has made little effort to communicate with the Board.”
Oscar Pena, the student body president at the Ocean campus, told the Board that “we used to have
transparency and people in the public were able to attend the meetings and they went to 1:00 o'clock,
2:00 o'clock in the morning. Now it is one man making the most critical and vital decisions and meetings
are behind closed doors and there is no public comment sessions at all.”
“Many students are concerned, confused and most of all very upset that the way that the Board of
Governors hasn't been representing the students properly. Why is it important that the Board of Trustee
come back sooner than 2016? It's because the chancellor at our school and the special trustee have been
hiring many people that are either interns or outside of our county so there has been much transitioning
going on at our school, and there is no fair process at all for hiring these people such as the Vice
Chancellor Student Development who has been replaced over and over for the last three years. There have
been six people in that position. Now, we have this one guy named Michael Poindexter that came from
Sacramento Community College that doesn't know anything about San Francisco. Now let's be real. This
has been disrespectful of opportunity and people trying to get their degrees and working.”
Alan D’Souza, a librarian at CCSF, spoke to the harm that has been done to CCSF: “At City College we
are hemorrhaging students and a plan like this will continue that day-by-day. You also heard about the
testimony that came out in the courts in the last weeks and we know what Beno testified denying due
process to City College and Agrella himself used facts about the state of our college that were incorrect
and false. Chancellor Harris has acknowledged that his expectations of the promises from Beno did not
come through and Commissioner Steve Kinsella who provided much of the testimony on the financials of
City College and how he cherry picked numbers that were not representive of City College and became a
foundation of many of the commissioners vote to disaccredit City College. This Board should now
acknowledge that all those errors were made and knowing that your intentions are to secure the
accreditation of City College it would be prudent to put the Board of Trustees back in power.”
Richard Hansen, speaking for the Community College Independents, stated that his organization did not
want to see what happened at Compton College to happen at CCSF. He went on to say that “Certainly the
voices that you have heard today show how important it would be to restore normalcy to City College as
quickly as possible, and that's what I would like to stress. In the final paragraph you talk about the
milestones along this road map. I hope you will watch closely with in some sense of eagerness to move the
process ahead as quickly as possible. There is a lot at stake and a lot of passions involved.”
A student from Santa Rosa Junior College, informed the Board of a meeting of the state wide student
senate at which the CCSF contingent received a standing ovation. He stated that “find it appalling that
students are not mentioned in the transition plan at all. It's not fair to assume that we're going to follow
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the shared governance processes outlined in the education code. We need to reaffirm our commitment to
the student voice in this process.”
Christine Hansen, a CCSF student, stated that she has “been lucky enough to have attended CCSF.”
I am Christine Hansen and native and resident of San Francisco and have been lucky enough to have
She noted that “The process leading up to this removal has been led by the actions of a rogue accrediting
body. Please don't forget that. Your proposed plan endorses again granting complete control of CCSF to
a special trustee now for a period of up to 18 months, but it goes further by specifying his word only as
the metric whereby City College is judged, and with what this Board of Governors, a body of individuals
obviously committed to California community colleges gives away its own ability to gauge the situation
and advocate for City College. While this body apparently has great trust in their special trustee do you
really know what he's been up to? Do you actually know where he's spending our money? Because we
don't. For example, do you know that for the past two years City College is the only community college
not to report the wages paid to its staff on the website Transparent California? Why would this body not
only take a way the power of our elected Board of Trustees for potentially another 18 months or -- well,
until whenever Bob says they're ready, but why might you with this proposals take away your own power?
You have the power granted to you by the State of California to govern, to lead, to advocate and support
the community colleges of California. With this proposal you give that power to just one man. Please
don't be a captive participate. Restore democracy. Bring back our Board of Trustees today.”
Harry Bernstein, an instructor at City College, was the last speaker before the Board of Governors on
this item. He asked if the Board of Governors has lost sight of the bed rock principle of local control of
California’s community colleges. He pointed out that “in the court testimony and the lawsuit against
ACCJC that underline the flawed accreditation process whereby ACCJC issued an unjustified Show
Cause sanction to City College in 2012. This improper sanction was a pretext for your removal of the
elected Board. You have the power today to right these compounded errors. Please return our elected
Board of Trustees to begin to reverse the budget, the downsizing of City College under the Agrella
administration.”
The next steps will be taken in January of 2015. The BOG will vote to eliminate the specific reference to
ACCJC in its board regulations. The issue of the return of the elected trustees will also be considered. It is
likely that in January of 2015 there will also be a decision by the judge in the case of The People vs.
ACCJC as well as a decision by ACCJC as to whether they will grant CCSF two years of accreditation
under their newly invented Restoration Policy.
November 17, 2014 People’s Motion to Amend Complaint
On November 17, 2014, Attorney Herrera motioned to amend his complaint under the Unfair Competition
Law (UCL) to include information brought out in trial. The People originally filed their complaint on
August 22, 2013. The motion to amend explained that “The People's Complaint detailed that the
Accrediting Commission of Community and Junior College ("ACCJC") engaged in unlawful, unfair
and/or fraudulent business acts and practices in the process that led to the imposition of the Show Cause
sanction and the termination of City College of San Francisco's ("City College") accreditation. The
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People's Complaint explained that the ACCJC's unlawful and unfair acts and practices included (but
were not limited to) a series of examples. During and just prior to trial, ACCJC witnesses gave testimony
concerning additional unlawful and unfair acts and practices employed by the ACCJC. Specifically, both
deposition testimony taken shortly before trial and testimony solicited by the ACCJC from its own live
witnesses, establish independent violations of the UCL that are not explicitly listed in the People's
Complaint. The People ask this Court to conform the Complaint to proof adduced at trial to consider
these additional examples as independent bases for violations of the UCL.”
The new examples came when “During the presentation of its case, the ACCJC's witnesses offered
testimonial evidence on issues that had not been disclosed to the People before trial. The ACCJC
presented the live testimony of several Commissioners including, Marie Smith, Sharon Whitehurst-Payne,
Susan Kazama, Tim Brown, and Steven Kinsella. These witnesses detailed the reasons and concerns that
led them to vote to put City College on Show Cause and to subsequently terminate its accreditation. Those
reasons included (1) that City College was spending too much on staff salaries and benefits and (2) that
City College failed to bring a member of the Board of Trustees to address the Commission at its June
2013 meeting.
Specifically, Steven Kinsella testified that he was concerned that City College spent more than 80% of its
revenues on salaries and benefits, an amount that he testified was the ‘normal average.’” “Mr. Kinsella
testified that City College needed to ‘come in line’ with the 80% figure, admitting that he voted to
terminate City College's accreditation in part because of concerns the institution was not controlling
expenses, including salaries and benefits.”
“Commissioner Whitehurst-Payne also testified that she voted to put City College on Show Cause because
of the institution's salary and benefits spending. Specifically, Commissioner Whitehurst-Payne testified
that what ‘stood out" in her mind was that City College was spending 93 percent of its revenues on
salaries and compensation.” “The ACCJC also called Commissioner Marie Smith as a live witness. Ms.
Smith testified that she voted in part to place City College on Show Cause and subsequently terminate its
accreditation because ‘City College was spending more money on salaries and benefits.’"“
“Commissioners Smith and Whitehurst-Payne also indicated that the Commission's decision to terminate
was based, at least in part, on City College's choice not to bring a member of the institution's Board of
Trustees to make a presentation to the Commission at its June 2013 meeting expressing ‘disappointment’
and ‘surprise’ over this decision.”
The People then pointed out that these reasons were not a part of ACCJC standards. Kinsella’s testimony
regarding the normal average spent on salaries and benefits was 80% is wrong. The actual value is 87%.
“Accordingly, the People seek leave to conform their Complaint by adding the following subdivision to
Paragraph 134:
g. ACCJC violated 20 U.S.C. section 1099b(a)(4)(A) and 34 C.F.R. section
602.18© by basing its decision to place City College on Show Cause status and to terminate its
accreditation on justifications and standards not set forth in the ACCJC's accreditation standards.”
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“During trial, the ACCJC's witnesses, Ms. Sandra Serrano and Dr. Barbara Beno, confirmed that the
2013 Show Cause Evaluation Team Report included substantive changes made by Dr. Beno. Prior to
trial, Barbara Beno testified at her deposition on October 14, 2014 that she made edits to the 2013 Show
Cause Evaluation Team Report, making changes to the substance and tone of the document. In addition,
Ms. Serrano produced documents evidencing those edits and changes. “
“Accordingly, the People seek leave to conform their Complaint to the trial testimony and evidence by
adding the following subdivision to Paragraph 134:
h. Denying City College a peer review in violation of rights derived from federal law and the ACCJC's
policies and procedures.”
A couple of the “substantive changes” made included changing three team report conclusions from meet
the standard to not meet the standard without going back to the visiting team for agreement and excluding
positive statements such as one that said that the college had demonstrated a high level of dedication and
passion and enthusiasm to address the issues and that the institution took compelling action to address
previous findings. Beno suggested the changes be made and Serrano made them without consulting the
rest of the Visiting Team.
One item that came out in testimony was that the Visiting Team debated between a sanction of probation
and warning and recommended Warning. The Commission voted to issue a SHOW CAUSE sanction.
Final arguments in the People vs. ACCJC are set for December 7, 2014 at 1:30 PM.
November 21, 2014 Memo from Beno to Chief Executive Officers with
respect to Team members
On November 21, 2014 Barbara Beno sent a memo to Chief Executive Officers regarding Accreditation
Team Files. She asked the CEOs to review the list of persons from their institutions that were currently on
the ACCJC list of possible visiting team members. She asked the CEOs to “nominate persons whom you
believe would be appropriate for this activity.”
Beno then went on to list the qualities of those that should be nominated. She reflected the bias of the
ACCJC in describing which people the ACCJC would be interested in: “We are especially interested in
adding chief executive officers, chief business officers, distance learning experts, faculty, and individuals
who may be involved in program review and institutional planning, and the development and
assessment of student learning outcomes.” In particular she requested that the CEOs “contact the Faculty
leadership on your campus to help identify faculty that meet the Commission's expectations.” She did not
include any suggestion that board of trustee members might be chosen as visiting team members and
that their names should be forwarded.
It should be noted that on August 11, 2014, Dr. Louise Jaffe, President of the California Community
College Trustee Board (CCCT Board) wrote a letter to Barbara Beno expressing the interest of the CCCT
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“in working with ACCJC to increase trustee participation on visiting teams. It is our position that
there should be a trustee on every visiting team.” Beno replied referring to ACCJC’s Protocol (an
internal document) for selecting evaluation team members. She noted the section that reads: “Other
appointed representatives: As appropriate, based on the characteristics of the institution being visited,
individuals with other specific skills or experiences will be assigned to serve on teams. Specifically, these
may include a governing board member, foundation director, or other relevant professional expert.
Teams may also include Commissioners or Commission staff.”
Beno also pointed out in her letter to Jaffe that “team members may not come with an ‘axe to grind’ or
apply another perspective or set of criteria to an institutional evaluation other than that of the ACCJC and
accreditation.
She added that the CEOs should “Indicate for each person you recommend any special field of expertise
that he/she might have. It is very helpful to know that a person is knowledgeable about areas such as
basic skills, computer applications, budgeting and accounting, institutional research, personnel
administration, ESL, assessment, nontraditional delivery systems, planning, staff development, distance
education, and other academic and administrative specialties.” These areas parallel the reasons that
ACCJC has been sanctioning colleges. Note that nothing here involves the quality of education provided
or the level of shared governance. Even the areas of ESL, basic skills, and the like appear to be
approached from the point of view of knowledge concerning the area rather than how to teach.
Beno made clear that secrecy of the process is to be maintained: “Your recommendations will be held
in strictest confidence.”
December 2, 2014 People’s Case Summary
The People in the case of the People vs. ACCJC submitted their brief on December 2, 2014 in preparation
for the December 9, final arguments hearing. The brief begins with the following introduction: “The
deposition testimony, live testimony and documentary exhibits presented in this case establish that the
ACCJC's evaluation of City College was plagued by one problem after another.
Indeed, every door the People opened in their attempt to shed light on the ACCJC's opaque procedures
and secretive deliberations revealed new violations of law. The evidence proving these numerous
violations is summarized below.
Now that a fuller picture has emerged, there can be no doubt that the ACCJC did not give City College
the fair evaluation required by law and promised to it by the ACCJC. All the People seek in this case is
that fair shake for City College. In the absence of that relief, City College could wind up shuttered and
hundreds of thousands of current and prospective City College students could be denied their only
realistic higher educational opportunity, thousands of City College employees could lose their jobs and
the People of the State of California could be deprived of this immensely valuable and successful
institution based on an unfair and unlawful process used by an agency trusted by the government and the
public to evaluate California's public educational institutions. This is precisely the type of injustice that
the Court should use its broad powers under California's Unfair Competition Law ("UCL") to prevent.”
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The basic argument of the People is summarized as follow:
“1.
THE EVIDENCE ESTABLISHES THAT THE ACCJC VIOLATED THE UCL
A.
The ACCJC Engaged In Unlawful Acts And Should Be Found Liable Under The
Unlawful" Prong Of The UCL
1. Actual Injury Not Required To Impose Liability Under "Unlawful" Prong.
2. The Evidence Shows That The ACCJC Engaged In Several Unlawful Acts.
a. Lack Of Adequate Controls Against Conflicts Of Interest And The Appearance Of Conflicts In
Violation Of 602.15(a)(6).
i. Lack of Controls With Respect To Team Members.
ii. Lack of Adequate Controls With Respect To Commissioners
b. Failure To Include Sufficient Academics On Evaluation Teams In Violation Of 602.15(a)(3).
i. "Academics" Must Have An Instructional Role
ii. Insufficient "Academics" On The 2012 Evaluation Team.
c. Failure To Provide Due Process In Violation Of 20 U.S.C. 1099b And 34 C.F.R. Sections
602.18(e) & 602.25(d).
i. The ACCJC Failed To Provide City College With Written Notice Of All Deficiencies
And A Reasonable Opportunity To Respond Before Voting To Terminate
ii. The ACCJC's Counter-Arguments Concerning Notice Are Legally Irrelevant And
Factually Inaccurate
d. Failure To Provide Notice And Opportunity To Be Heard In Violation Of Common Law Fair
Procedure.
e. Basing Accreditation Decisions On Factors Other Than Stated Accreditation Standards In
Violation Of Section 602.18(c).
B. The ACCJC Engaged In Unfair Acts And Should Be Found Liable Under The
"Unfair" Prong Of The UCL.
.
1. The Court Should Apply The Smith Test To Determine Unfairness.
The Evidence Establishes The ACCJC Engaged In Numerous Unfair Acts
a. The ACCJC Acted Unfairly By Denying City College Peer Review.
b. Each Of The ACCJC's Unlawful Acts Are Also Unfair
i. The ACCJC Acted Unfairly By Failing To Include Sufficient Academics On
Evaluation Teams.
ii. The ACCJC Acted Unfairly By Basing Its Decisions On. Factors Outside Of The
Accreditation Standards.
c. The ACCJC Acted Unfairly By Including Mr. Crabtree On The 2012 Evaluation Team
d. The ACCJC Acted Unfairly By Evaluating City College For Reaffirmation of
Accreditation While Embroiled In A Public Political Fight Over The Role Of Community
Colleges
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C. The ACCJC's Accreditation Activities Are Business Practices Within The Meaning
Of Section 17200.
D. The ACCJC's Attempts To Shield Itself From. Judicial Review And Immunize Its
Conduct From Liability Continue To Fail.
1. The ACCJC's Challenged Activities Are Not Within Any "Safe Harbor."
2. The Regulations The People Rely On Can Be Borrowed Under The UCL.
3. The Doctrine of Quasi-Judicial immunity is Not Applicable
4. Noerr-Pennington Does Not Immunize The ACCJC From Liability
5. The Parker Doctrine Is Entirely Inapplicable To This Case.
6. The People's UCL Claim Is Not Preempted By Federal Law.
7. The Merit Of The ACCJC's Decisions Is Irrelevant To Liability.
II. THE COURT CAN AND SHOULD VACATE THE ACCJC'S TAINTED DECISIONS
A. The Court Can Order The Relief The People Seek.
B. The Court Should Order The Relief The People Seek.
1. The People Need Not Prove That The Outcome Would Have Been Different But For The
ACCJC's Violations.
2. The Court Need Not (And Indeed Should Not) Examine The Merits Of The ACCJC’s
Decisions.
a. City College is Highly Successful At Educating Students
b. The ACCJC Exaggerates The Issues At City College.
i. City College Was Not At A Financial "Breaking Point"
(1) City College's Unrestricted Net Assets Consisted Entirely of its Long Term OPEB
Liability
(2) Deficit Spending and "Reserves."
(3) Reduce Spending or Get More Funds
ii. City College's SLO Compliance Was In Line With The State Average.
c. The Fact That City College Was Not In Full Compliance With All Accreditation Standards Does Not
Justify The ACCJC's Decisions.
i. 100% Compliance With Standards is Not Required.
ii. Other Schools Were Given Significantly More Time To Address issues identified By The
ACCJC.
d. The Enormous Progress Made By City College Undermines A Claim That The Termination Decision
Was Correct Or Warranted.
3. The Relief Sought Is Not Mooted By The Restoration Policy.
4. The Closure Of City College Would Be Catastrophic”
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December 2, 2014 ACCJC’s Case Summary
The ACCJC lawyers also submitted their brief on December 2, 2014. They claim that CCSF has for years
“failed to meet the accreditation standards that those other colleges are held to.” Of course they don’t
mention that most of the community colleges in California have been sanctioned at one time or another
for “failing accreditation standards.” The brief goes on to claim that the San Francisco City Attorney
arguing that “CCSF should not have to abide by the same rules” as other colleges. ACCJC believes that
the City Attorney should not have called on the ACCJC to not treat them unlawfully, unfairly, and in a
manner harmful to Californians.
The brief goes on to claim that the City Attorney has not limited his allegations to “practices of the
ACCJC but have become very personal attacks against the ethics and professionalism of the ACCJC's
President, Dr. Barbara Beno.” They claim that “nowhere in that evidence is there proof that Barbara
Beno, the ACCJC, or the Commission were motivated by any animus or improper motive in dealing with
CCSF. And nowhere is there proof that the composition of the ACCJC's reviewing teams or any other
aspect of the ACCJC's evaluation of CCSF was improper, contrary to law, or harmed CCSF in any way.”
“Moreover, there is also no evidence that CCSF was actually in compliance with the ACCJC's standards
at the time the college was put on Show Cause or when the Commission voted to terminate its
accreditation. Nor is there evidence that CCSF was entitled to any result other than the one it received.”
The most unbelievable statement in the brief is one that states: “Finally, not only is there no evidence that
any of the allegedly unlawful or unfair acts caused harm to CCSF, but there is considerable evidence that
the ACCJC has worked consistently to find ways to preserve CCSF's accreditation. That effort is best
exemplified by the restoration process that the ACCJC fashioned out of whole cloth, tailored specifically
to CCSF's circumstances as means for the college to preserve, without interruption, its eligibility for
federal and state funds. That process has allowed CCSF to retain the benefit of being accredited despite
the fact that it was indisputably out of compliance with the ACCJS's accreditation standards.” Of course
they did not note that it was the law suit that caused ACCJC to develop the tainted Restoration Process.
Finally the brief turns everything on its head. It claims that “If the City Attorney received the relief he
wants - the return of CCSF to accredited status by vacating all of the ACCJC's decisions since 2006 CCSF will be ejected from the restoration process” and “instead make the college subject to a
requirement of immediate compliance immediately, since accredited institutions are expected to be in
compliance at all times.” “If CCSF cannot, in fact, demonstrate its compliance, then it could again face
Show Cause and Termination status yet again through no fault of its own or the ACCJC.” They did not
make clear why it would take less than two years to reach a final judgement and they left out the fact that
under the normal system CCSF would have the right to the appeal process which the restoration policy
eliminates.
The basic argument of the ACCJC is summarized as follows:
A. The City Attorney Has Failed Prove His Claim Under the UCL
1. Legal Standard
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2. The ACCJC did not violate the UCL in the Composition of the ACCJC's Evaluation.
Team or Show Cause Team.
a) Peter Crabtree's presence on the Evaluation Team was not "unlawful" as
a violation of either 34 C.F.R. section 602.15(a)(6) or the ACCJC's own policies.
b) Peter Crabtree's presence on the Evaluation Team was not "unfair."
d) There is no evidence that the number of academics on either the Evaluation
Team or Show Cause Team was "unfair."
e) The Commission that made the decisions regarding CCSF in 2012 and 2013 was not
unlawfully constituted.
f) The constitution of the Commission that made the decisions regarding CCSF in 2012
and 2013 was not unfair to CCSF
3. Deciding CCSF's Accreditation while CCSF opposed the Student Success Task Force did not
violate the UCL
a) No liability can be based on petitioning activity.
b) The ACCJC's evaluation of CCSF while endorsing the SSTF was not unfair
4. Dr. Beno's role at ACCJC and her involvement in the evaluation of CCSF did not violate the
UCL.
a) Dr. Beno's role as the reader of the Show Cause Report was not unlawful.
b) Dr. Beno's conduct as the reader of the Show Cause Report was not unfair to
CCSF
5. The ACCJC did not deprive CCSF of due process
a) The ACCJC's use of the term "recommendation" was not unlawful or unfair.
b) CCSF was afforded every opportunity required by the DOE regulations and
ACCJC policies to review and comment on the deficiencies relied upon by the
Commission.
6. Because the overwhelming evidence is that the Commission acted based on CCSF's
circumstances and nothing else, there is no causal linkage between the acts alleged and the Commission's
decision.
B. The Remedy Sought by the City Attorney Is Unmanageable and improper.
DECEMBER 10, 2014 Oral Arguments in The People vs. ACCJC
Deputy City Attorney Sara Eisenberg presented the oral argument for the People. She displayed a
remarkable understanding of the issues in the case and answered the judge’s questions with precision.
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The lawyers for the ACCJC, on the other hand, astonished the audience with some of their statements that
spoke to ACCJC being immune from any enforcement of legality or fairness. This included assertions that
ACCJC was not subject to any federal or state laws or even the opinions of the U.S. Department of
Education regarding their interpretations of the federal regulations which govern regional accreditation
agencies such as the ACCJC. The Commission lawyers also spoke to the restoration policy on which the
Commission, in January of 2015, will consider whether the college is eligible for two-years of work with
accreditation intact. The lawyers did not mention that the ACCJC could vote to end CCSF’s accreditation
immediately or in two years with no provisions for appeal of their decision. They somehow argued that
this path was better for CCSF than going back to square one with all rights in place.
Eisenberg presented the argument regarding ACCJC’s unfair treatment of CCSF, their unlawful actions,
and that they did not give CCSF a fair review of the ACCJC decision to terminate CCSF’s accreditation.
She concluded that the only fair remedy is to throw out the accreditation report and the ACCJC’s
decisions and start the process anew - but this time both in a fair and legal manner.
She spoke to actual and apparent conflict of interest caused by the appointment of ACCJC President
Beno’s husband to the 2012 visiting team. The conflict is actual, Eisenberg argued, due to the fact that
Beno’s husband worked at neighboring Laney College in Oakland and that Laney would benefit from
increased student enrollment if CCSF were to close down.
Even though the Department of Education found that the ACCJC did not have the necessary rules
regarding conflict of interest that would have kept Beno’s husband (Peter Crabtree) off the team, the
ACCJC team continued to argue against that interpretation. Beno herself said, in testimony, that the
appointment of her husband was proper. Eisenberg countered by arguing that “The ACCJC says that there
can’t be a conflict because it didn’t violate their conflict-of-interest policy.” Eisenberg added that “But the
fact that they didn’t have a valid conflict-of-interest policy in place is exactly the problem.”
Another issue raised by The People was the lack of adequate academic representation on the visiting
teams. This is a problem that has existed and continues to exist with most of the visiting teams that
ACCJC sends to California’s community colleges. The Department of Education had stated that the teams
visiting CCSF did not have enough teachers (academics) on them. Despite this, the ACCJC lawyers
continued to argue that the Department of Education had it wrong with regard to the definition of
“academics.”
Assistant City Attorney Eisenberg also pointed out how the Commission had not allowed CCSF a fair
chance to understand and respond to the reasons that the Commission actually used when determining to
remove CCSF’s accreditation. She cited, as one example, that “The ACCJC acknowledges that they relied
on facts not in the published accreditation standards.” Another example is with respect to changes made
at the request of Beno in the recommendations of the visiting team before it was sent to the Commission.
This included new charges that came before the Commission but were not included in the team report.
A third example was the lack of precision in the demands of the ACCJC over the years. The first sanction
against CCSF was the SHOW CAUSE sanction in 2012. Despite this, the Commission lawyers continued
to note “recommendations” that had been made as early as 2006. Judge Karnov seemed to understand,
with a nod of his head, the difference between a “deficiency” and a “failure to comply with a standard.”
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There was no clear indication from the ACCJC of the necessity to address 2006 recommendations (as
opposed to requirements to address them) prior to 2010 in any letter to the CCSF from the Commission.
The U.S. Department of Education has also rebuked ACCJC for not making clear what is required and
what is suggested for change in their letters to colleges.
The Commission members (as several testified in the case) also considered reasons to terminate
accreditation which were not part of any Commission requirements. Perhaps the most notorious of these
was Commission member Kinsella’s argument that CCSF should have spent only 80% of its budget on
salaries and benefits (although the State average is closer to 88% and there is no such requirement in
ACCJC’s standards). Others on the Commission testified that they did not understand why CCSF trustees
did not appear at the Commission meeting (even though they had been told not to attend) and was a
reason why they voted for termination.
Eisenberg also noted that there was no way to know how the Commission would have acted if they had
been fairly and accurately presented with the facts and the law.
ACCJC attorney Kenneth Keller repeated over and over that there was no evidence that the commission
had done anything wrong. He also claimed that the restoration process was invented by ACCJC to help
CCSF. However, it is more likely that the U.S. Department of Education statement that they could extend
the time for CCSF to satisfy the standards and the political and public outcry against ACCJC caused
ACCJC to seek some shelter. Keller also ignored the effect of the CFT and others filing complaints
against ACCJC that may eventually lead to ACCJC’s loss of the ability to accredit.
The Superior Court Judge Curtis Karnow seemed concerned with the lack of direct participation by CCSF
in the trial. The answer of course was that appointed Special Trustee Agrella was more interested in
appeasing ACCJC than fighting for CCSF. In any case it was mentioned that the official college
representatives had stated that it was better for them to begin again with “substantial compliance” as the
standard rather than to go through the unfair restoration process which requires compliance at every level
of detail.
Judge Curtis Karnow will likely make his decision in January and will allow the lawyers on both sides to
respond and will then release his final decision.
December 18, 2014 Summary of CFT Complaint Against ACCJC
On December 18, 2014, the CFT filed a complaint against the Accreditation Commission for Community
and Junior Colleges (ACCJC) for violations of federal requirements for recognition and included Third
Party Comments with regard to the ACCJC. The complaint and Third Party Comment were submitted by
the Law Offices of Robert J. Bezemek for the California Federation of Teachers (CFT), AFT Local 2121,
CFT President Joshua Pechthalt, AFT 2121 Local President Tim Killikelly, Past Community College
Council President Carl Friedlander, Community College Council President Jim Mahler, and a number of
past presidents of AFT 2121 (Alisa Messer, Gus Goldstein, Allan Fisher, Rodger Scott, and Ed Murray).
The CFT represents, through its local unions, the faculty at 30 of the 72 California community college
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districts. These 30 districts include more than 50 California community colleges. AFT Local 2121
represents the 1,500 academic employees employed by City College of San Francisco.
The complaint was filed in compliance with Federal law and ACCJC Complaint Procedures. Federal law
allows the public to file complaints against a recognized accreditor with the Department of Education. (34
CFR 602.32(b)(3)). In addition 34 CFR 602.32(b)(2) allows the public to submit comment to the
Department of Education in regard to an accrediting agency=s continued recognition by the Department.
Out of Compliance
The current CFT Complaint Aalleges that the ACCJC has engaged, and continues to engage, in a number
of violations of federal requirements, such as to indicate it lacks the capacity, competence and knowledge
to serve as a recognized reliable accreditor. This Complaint alleges that the ACCJC is out of compliance
with the following 34 CFR regulations: 602.14, 602.14(b)(3), 602.15(a)(1), 602.15(a)(2), 602.15(a)(6),
602.16(a)(v), 602.18(a), 602.18(b), 602.18( c), and 602.18(d)@
The complaint goes beyond how ACCJC has treated City College of San Francisco (CCSF) and includes
AACCJC=s procedures, policies and actions which adversely affect all California community colleges
accredited by the ACCJC, and unfairly place at risk the continued accreditation of these California
institutions, thereby threatening the opportunities of hundreds of thousands of students to continue their
education at California community colleges.@
Actually, the number of students attending California’s community colleges each year is around 2 million.
The CFT complaint runs through a number of acts and omissions of the ACCJC. These include: “(1)
ACCJC acts inconsistency in determining Financial Capacity of colleges for accreditation evaluations
puts at risk the continued accreditation of each of California =s 112 community colleges, and interferes, or
threatens to interfere, with the continued employment, and/or compensation, of tens of thousands of
faculty employed at these colleges; and, interferes, or threatens to interfere, in the rights of labor
organizations and employees under the Educational Employment Relations Act (Cal. Government Code
section 3540 et seq.), and interferes, or threatens to interfere, in the educational opportunities of
hundreds of thousands of students. This violates section 602.18(b).
(2) ACCJC lacks a reasonable basis for determining that information it relies upon for making
accrediting decisions is accurate. In particular its Aaverage norm@ for college expenditures for personnel
costs, which it has announced is 80%, is not accurate. In reality, the statewide average is higher, and the
average for urban-located colleges and large colleges is even greater. The ACCJC=s reliance on an
inaccurate average violates section 602.18(d).
(3) ACCJC applies a norm to assess fiscal stability while looks at the percentage of a college =s
unrestricted general fund which is spent on employee compensation (wages and benefits). ACCJC
applies the same norm, 80%, regardless of the scope of operations of the college. However, statistics
published by the Chancellor=s Office of the California community colleges confirms that the percentage
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figure is higher for colleges which have a greater scope of operations, or which are located in urban
areas. In using the same norm of 80%, ACCJC violates 602.16(a)(v).
(4) ACCJC=s lack of an adequate, competent and knowledgeable administrative staff interferes in the
consistent application of fair evaluation standards and requirements, and threatens the continued
accreditation of California=s community colleges, and the educational opportunities of hundreds of
thousands of students. This violates section 602.15(a)(1) and (2).
(5) ACCJC=s failure to have written and published specifications of requirements for obtaining good
cause extensions of the Atwo-year rule@, and ACCJC=s basing of decisions to extend the two-year rule on
policies which are not published, threatens the continued accreditation of California =s 112 community
colleges, and the educational opportunities of hundreds of thousands of students. This violates section
602.18(a) and ( c).
(6) ACCJC=s lack of an adequate, competent and knowledgeable administrative staff interferes in the
consistent application of ACCJC standards for extending the time for colleges to come into compliance
with ACCJC standards and requirements. This violates section 602.15(a)(1) and (2).
(7) ACCJC=s failure to adopt and implement guidelines and controls to assure that each member of its
decision-making bodies, including its Appeals Panel, avoid actual or apparent conflicts of interest,
interferes in the rights of the residents of San Francisco, 80,000 students of City College of San
Francisco, and more than 1,500 faculty, and the students and faculty of the community colleges
throughout the State, to have fair accreditation reviews by the ACCJC, and to assure that the regional
accreditor for California has integrity. This violates 602.14(b)(3), 602.14, and 602.15(a)(6).
(8) ACCJC=s adoption of an Appeals procedure which fails to afford its hearing panel sufficient authority
to make independent decisions violates sections 602.25(f)I1)(iii), and 602.15(a)(1) and (2).
(9) ACCJC=s adoption of a revised complaint policy which does not comply with federal requirements
interferes in the rights of the public to submit complaints to the ACCJC, regarding the ACCJC, and
violates 602.23(c)93).@
Inconsistent Decision Making
The CFT complaint lays out the ways that ACCJC violates the Department of Education=s Consistency in
Decision-Making criteria in regard to their standards related to fiscal stability. These include:
A
34 CFR 602.18(b) - ACCJC lacks Aeffective controls against the >inconsistent application of the
agency=s standards.@
34 CFR 602.18(d) - ACCJC lacks Aa reasonable basis for determining that the information the agency
relies on for making accrediting decisions is accurate. @
34 CFR 602.16(a)(v) - ACCJC=s standards fail to address the quality of the education provided by
California community colleges because they do not assess Afiscal ... capacity as appropriate to the
specified scale of operations@ of the various colleges it accredits.
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34 CFR 602.15(a)(1) and (2) - ACCJC lacks an Aadequate administrative staff@ to carry out its
accrediting responsibilities, and lacks Acompetent and knowledgeable individuals regarding the agency =s
standards, policies and procedures.@
Inconsistent Fiscal Standards
Fiscal Standards Violations include what Commission Chair Steven Kinsella revealed in his testimony
in the trial of The People vs. ACCJC - that the Commission had used as a norm that a college spends 80%
of its unrestricted general fund budget on compensation (wages and benefits) for employees. The
ACCJC has applied this norm inconsistently. Colleges which spent more were not found to be deficient in
meeting standards but CCSF was. The disparate and inconsistent application of this norm violated section
602.18(b). The application of this inaccurate Aaverage@ shows that the Commission Aadministrative staff
is not adequate, and that it does not have sufficient competent and knowledgeable individuals who are
qualified to serve as a reliable accreditor.@
The CFT complaint lays out a case which demonstrates inconsistent application of standards. One
example considered Riverside City College (which has two ACCJC Commissioners). They had a number
of items similar to those that CCSF was held to be deficient in but Riverside City College was not. These
included such items as ending balances, payment of the college actuarial liability, and borrowing cash to
meet immediate needs.
The ACCJC did not recognize the difference between large and small districts when using the rigid 80%
norm. This is a violation of 34 CFR section 602.16(a)(v).
The complaint also claims that ACCJC violates the Department of Education=s requirement that an agency
have written and published specification of requirements for accreditation in regard to good cause
extensions of the ATwo Year Rule.@ The Department of Education was requested to answer and then
stated that the ACCJC could extend time and the ACCJC invented its ARestoration Policy.@
In particular the CFT complaint lists violations:
A602.18(a) - the ACCJC failed to have written specifications of its AGood Cause@ for extension policy,
which allows institutions to seek additional time beyond two years to come into substantial compliance
with agency standards.
602.18( c) - the ACCJC failed to base its decisions regarding accreditation on the agency =s published
standards, by refusing to publish policies affording colleges more than two years to come into substantial
compliance with Agency standards.
602.15(a)(1) and (2) - ACCJC lacks an Aadequate administrative staff@ to carry out its accrediting
responsibilities, and lacks Acompetent and knowledgeable individuals regarding the agency =s standards,
policies and procedures.@
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AACCJC has repeatedly issued good cause extensions to other colleges, but only through a secretive and
selective process that has denied consideration to colleges such as San Francisco, which would have
easily qualified under the criteria ACCJC identified to the Department.@
AIn the case of City College of San Francisco, for example, there is no evidence the college was allowed
by ACCJC rules to apply for a good cause extension of the Atwo-year rule.@ Yet in the last 5 years,
ACCJC has granted good cause extensions more than 20 times.A
AThe ACCJC has never published a Agood cause@ policy in its policy manuals, nor made such a policy
available to the public, or the constituents of the colleges - students, faculty and staff. There is no
evidence that ACCJC has ever advised California community colleges of the terms of its good cause
Apolicy@.@
Continue to Violate Conflict of Interest Requirements
ACCJC violated the Department of Education=s criteria related to conflicts of interest.
They did so as follows:
A602.14(b)(3) - ACCJC failed to adopt and implement guidelines to assure that each member of its
decision-making bodies, including its Appeals Panel, avoids conflicts of interest.
602.14 - ACCJC failed to create a separate and independent Commission which avoids conflicts of
interest.
602.15(a)(6) - ACCJC failed to adopt and implement clear and effective controls against conflicts of
interest, or the appearance of conflicts of interest, by commissioners, team members, Commission
administrative staff, and Appeals Panel members.@
In particular, the 2014 Appeals Panel had conflicts of interest. This illustrates ACCJC=s lack of effective
control against conflicts of interest. The facts of the Appeal Process for CCSF are outlined in the brief:
ACity College filed an appeal of its disaccreditation on or about March 4, 2014. It was Aformally
received@ by ACCJC on or about March 12, 2014. In March, ACCJC appointed a five person hearing
panel. CCSF filed a Motion to disqualify at least two members of the Panel, and after briefing on April 9,
2014, the Motion was denied. The person or persons denying the motion has not been publicly disclosed
by the ACCJC. The ACCJC has treated the motion, and the resulting decision, as confidential.@
The Appeals Panel Athat evaluated CCSF=s appeal was supposed to be Aindependent@ of the ACCJC,
which included having no actual or apparent conflicts of interest. Despite the high stakes and intense
scrutiny summarized above, ACCJC appointed an appeal panel in which every appointee had an actual
or apparent conflict of interest. The appointed panel was also not free from bias. The Hearing Panel thus
violated federal regulation 602.14(b)(3) and 602.15(a)(6).@
Hearing Panel Bias
AThe Hearing Panel consisted of the following five members: William ABill@ McGinnis, Joseph Richey,
Margaret Tillery, Erlinda Martinez, and Thomas McFadden. The Panel was appointed by ACCJC =s
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Executive Committee, consisting of the Commission=s Chair, Vice Chair, and Chair of the Personnel and
Budget Committee. During the two-day long Panel hearing, the Commission called five witnesses, all of
them having direct involvement in the ACCJC. The witnesses called were commissioners Frank Gornick,
Steven Kinsella, and Chris Constantin, past commissioner Marie Smith, and Vice President Krista Johns.
In other words, the Panel heard and determined the weight and credibility of the testimony of two of the
three commissioners who appointed them to the Hearing Panel.@
AHearing Panel Chair William ABill@ McGinnis is a trustee at Butte Community College District, which is
accredited by the ACCJC. Mr. McGinnis has a close relationship with the ACCJC, and particularly its
chair, Dr. Barbara Beno. Mr. McGinnis has been periodically co-presenting alongside ACCJC President
Dr. Barbara Beno and other ACCJC personnel, at various conferences which have addressed
accreditation and the role of trustees. In 2012, Bill McGinnis admitted that he received a salary from
ACCJC as a technical consultant to the ACCJC, in a conflict of interest form he filed with Butte
Community College District.
Accordingly to public information, Mr. McGinnis was beholden to Dr. Beno and the ACCJC for paid
compensation he reportedly received from a third party in Spring 2012. It was during this time that,
according to school board minutes, Dr. Beno recommended to the Redwoods Community College
District, which ACCJC had just placed on Show Cause sanction, that it employ Mr. McGinnis as a
consultant to give them a presentation on governing board leadership and accreditation. The Redwoods
District then hired Mr. McGinnis. On May 1, 2012, Mr. McGinnis presented his guidance to the
Redwoods college trustees, at a public board meeting. Redwoods records show they paid Mr. McGinnis
$2,000 for his services. On March 29, 2014, McGinnis, again according to Redwoods records, returned
to Redwoods and gave another presentation. It remains unclear whether Mr. McGinnis received any
additional compensation from Redwoods for this March event.
A week after ACCJC placed CCSF on Show Cause sanction over its Aleadership,@ McGinnis and Dr. Beno
gave a presentation on accreditation at a board meeting held on July 10, 2012. There is also evidence
from a newspaper article, that Mr. McGinnis had prejudged CCSF =s complaint. . This article raises at
least a suspicion of prejudgment and an apparent conflict, and certainly required consideration by the
ACCJC.
In addition, at Dr. Beno=s request and due to the Department of Education=s Afindings on the CFT
Complaint,@ Mr. McGinnis wrote a letter to Dr. Beno, that was forwarded to the Department of
Education, supporting ACCJC=s pending application for renewal of recognition, after some of the
Complainants, and others filed third party comments opposing ACCJC =s continued recognition.. In his
letter McGinnis wrote, AWe are committed to the ACCJC standards and endorse the work of the
Commission staff and visiting teams to help us in our efforts.@A
AHearing Panel members Joseph Richey and Margaret Tillery served on the Commission when it
decided in 2006 to re-accredit CCSF, without citing any deficiencies. Richey also served on the
Commission when CCSF submitted reports to ACCJC in 2007, 2009 and 2010, reports which the ACCJC
voted to accept, and issued action letters which did not identify any deficiencies.
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A significant issue in City College=s appeal was whether the college had been found to have deficiencies
in 2006, 2007, 2009 and 2010. In other words, the Panel was confronted with deciding whether ACCJC
had found deficiencies in those years, and whether it had notified City College of any such deficiencies.
This meant that Richey and Tillery were presumptively deciding whether the commission they had served
on had taken certain contested actions. This also meant that they would have been called upon to decide
whether or not they had voted to find City College had deficiencies in 2006, and for Mr. Richey, three
other years.
ACCJC has maintained that City College=s appeal is confidential. However, the Panel=s decision begins
by noting that the college=s Afirst contention@ on appeal was that it did not receive notice of deficiencies in
2006. The Appeals Panel then spends several paragraphs discussing the issue, the Commission =s
position, and that of the District, before resolving this issue against City College. So, Mr. Richey and
Ms. Tillery ruled on actions they were involved in performing in 2006. @
AFurther, in his role as former Chair of the ACCJC, in 2005 Richey wrote a letter to the President of the
Peralta Federation of Teachers, an affiliate of the AFT and CFT, threatening him with a defamation
lawsuit unless he retracted criticism of Dr. Beno and the ACCJC that he reportedly gave to a small
newspaper, the Berkeley Daily Planet. This letter, a noted part of the prior CFT and AFT 2121 appeal,
directly involved Mr. Richey=s conduct as former Chair of the ACCJC.@
AHearing Panel member Erlinda Martinez, the President of Santa Ana College, signed a letter to Dr.
Beno dated October 14, 2013, in which she supported the ACCJC=s renewal of recognition application to
the Department of Education. Martinez wrote that her letter, Ais to be used as an evidentiary document for
ACCJC to submit@ to the Department of Education. The letter also stated that, Athe Rancho Santiago
Community College District . . . fully supports the decisions, policies, and procedures of the ACCJC. @
Clearly Martinez was not independent of the ACCJC. This letter by Martinez was written in response to
the complaints previously filed by the CFT in regard to ACCJC =s actions towards City College of San
Francisco, and other institutions. Thus, Martinez was selected to rule on challenges to ACCJC actions
which Martinez had already effectively ventured an opinion of that they lacked merit.@
AHearing Panel member Thomas McFadden previously served as an ACCJC commissioner for two terms
from 1999 to 2005. Until June 2013, McFadden served as the AWASC Senior@ Commission (Western
Association of Schools and Colleges Senior College Commission) representative of the ACCJC. It
appears that there is evidence that McFadden pre-judged the controversy around CCSF. A comment,
attributed to Thomas McFadden, published as AEdSource@ defended ACCJC=s treatment of CCSF, in
response to an article entitled, AAccrediting commission denies violations over City College of San
Francisco.@ At a minimum, such a comment by Mr. McFadden would appear to present a conflict of
interest.@
AWhile the appointment of Peter Crabtree to the 2012 CCSF evaluation team was a subject of CFT=s April
30, 2013, Complaint to the USDE and ACCJC, newly discovered information indicates that the ACCJC =s
violations of federal requirements are even more serious than originally believed, and that ACCJC lacks
the capacity to identify and avoid actual or apparent conflicts of interest. The USDE previously found
that because of Mr. Crabtree=s marriage to Dr. Beno, his appointment constituted an apparent conflict.
Now, evidence proves that there was an actual conflict, because Mr. Crabtree=s Career and Technical
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Education program at Laney College in Oakland, stood to gain from placing CCSF on Show Cause or
Disaccreditation.@
Despite the fact that the Department of Education considered the placement of Crabtree on the evaluation
team a conflict of interest, Dr. Beno continued, during her testimony in the trial, that his appointment was
neither a conflict of interest nor had the appearance of a conflict of interest.
The ACCJC remains out of compliance and fails to grasp what it needs to do to come into compliance.
AACCJC has still not adopted effective standards, procedures and controls to avoid actual and apparent
conflicts of interest, despite having been determined by the Department in August 2013, to have allowed
an apparent conflict of interest in the appointment of Dr. Beno =s husband to serve on an evaluation team
evaluating City College of San Francisco.@
Appeals Process Violated
AACCJC=s Appeals Process Violates the Department=s Regulations
602.25(f)(1)(iii) - ACCJC failed to afford its hearing appeals panel sufficient authority to make
independent decisions.
602.15(a)(1) and (2) - ACCJC=s failure to delegate sufficient authority to its hearing panel demonstrates
that ACCJC lacks adequate, competent and knowledgeable staff to carry out its accrediting
responsibilities.@
AACCJC Has Restricted the Right of the Public and Others to File Complaints Against the
Commission, in Violation of 602.23(c)(3) - ACCJC has failed to adopt a complaint procedure that
conforms to federal requirements.@
ACCJC violates this requirement because it does not accept anonymous complaints. Rather, ACCJC
refuses to accept a compliant unless AThe complainant must be clearly identified and . . . must contain an
original signature.@
ACCJC violate this requirement because AThe ACCJC does not review complaints presented primarily to
indicate disagreement with accreditation standards.@
Federal regulation 602.23(c)(3) allows for the filing of Aany complaint.@ ACCJC violates this requirement
because ACCJC does not allow complaints >which a member institution@ can raise via due process, or
unless the complainant was Adirectly aggrieved by the acts or omissions.@
AACCJC also violates this requirement by declaring that it generally will not consider complaints
concerning matters occurring Amore than three years prior to filing the complaint.@
Conclusion
AThese 15 violations of Federal regulations support the Department ceasing to recognize the ACCJC as
a reliable accreditor. Complainants respectfully request that the Department consider this Complaint
and take appropriate action. We also request that this Comment be considered in regard to the
Departments future actions on continued federal recognition of the ACCJC.@
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Chapter 8 ACCJC in 2015
January 14, 2015 ACCJC Grants CCSF Restoration Status
Barbara Beno wrote to City College of San Francisco (CCSF) Chancellor Arthur Tyler informing him of
the ACCJC’s decision to grant CCSF Restoration Status. The letter stated that at its meeting on January 79, 2015, the ACCJC “reviewed the Institutional Self Evaluation Report for Restoration Status and the
Report of the External Evaluation Team that visited City College of San Francisco (CCSF, or the
College) November 16-19, 2014. In addition the Commission reviewed the supplemental material
provided by CCSF in a letter dated December 23, 2014 and considered the oral presentation provided by
representatives of CCSF at the Commission meeting on January 8, 2015. The Commission took action to
grant Restoration Status to CCSF and to require the College to submit a comprehensive Institutional Self
Evaluation Report by October 15, 2016 demonstrating compliance with all Eligibility Requirements and
Accreditation Standards as revised and adopted in June 2014, and Commission policies.”
“The Commission found that while CCSF is noncompliant with a number of Accreditation Standards, it
has demonstrated the ability to fully meet them during the restoration period.”
“If the College demonstrates compliance with the Eligibility Requirements, Accreditation Standards. and
Commission policies at the completion of the restoration period, then the Commission's action to
terminate the accreditation of CCSF will be set aside without having become a final action, and the
College will move from Restoration Status to reaffirmation of accreditation.” It is important to note that
the ACCJC is requiring CCSF to fully meet all standards not just “substantially meet” these standards as
required in their other investigation conclusions.
The letter included the view of the ACCJC (as if it were fact) that “The Accreditation Standards provide
indicators of academic quality and institutional effectiveness throughout the institution. Deficiencies in
institutional practice that lead to noncompliance with any standards will impact quality at an institution,
and ultimately the educational environment and experiences of students.” In fact, CCSF is an example of
how untrue the above statement is. Although, in the eyes of the ACCJC, CCSF has not met a number of
standards it is still considered (when looking at the state Scorecard and other indicators) one of the top
community colleges in California in terms of the quality of instruction that students receive.
“The External Evaluation Team Report (Team Report) noted a number of significant areas of deficiency
in CCSF policy, procedure, and practice that the team regarded as noncompliant with standards but for
which compliance could be achieved within the restoration period. The team also noted areas of policy,
procedure and practice which reflected minimal compliance with Accreditation Standards, as they were
in early stages of implementation or were not yet fully implemented college-wide. The Accreditation
Standards require that these policies, procedures, and practices continue to be fully implemented and
integrated into college-wide practice. CCSF should use the Team Report and advice provided by this
action letter for guidance, as the College undertakes necessary actions to come into full compliance and
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demonstrate sustained compliance with the Eligibility Requirements and Accreditation Standards (as
revised and adopted in June 2014) and Commission policies.”
“The Commission, in its review, has determined CCSF is noncompliant with the following 32
Accreditation Standards, and that it has demonstrated the ability to fully meet them during the restoration
period: Accreditation Standards I.B; I.B.3;IIA.2; II.A.2.b; II.A.2.c; II.A.2.e; II.A.2.h; II.A.3.b; IIA.3.c;
II.A.5; IIA.6; II.A.6.b; II.6.c; II.B; IIB.1; II.B.2; IIB.3; II.B.3.a; II.B.3.c; II.B.3.f; II.B.4; II.C; II.C.1;
II.C.1.c; III.D.1; III.D.1.b; III.D.2.b; III.D.3.c; III.D.4;IV.A.1; IV.A.3; IV.A.5.”
Several items of added information was conveyed in the letter. Among these were:
- The College should ensure that information about CCSF's centers be consistent and accurate
Information about programs and services available at the centers should also be current and accessible.
There are inconsistencies among CCSF’s Self Evaluation Report, the CCSF website, and the California
Community Colleges Chancellor's Office database about the number and locations of centers of CCSF.
- CCSF is reminded that in order to meet standards, its student support services, library, and learning
support services must be provided at all centers in order to appropriately serve the students in programs
located at those centers.
- Many CCSF plans, processes, systems, and practices described in the Team Report are new or in the
early stages of implementation. The College is reminded that to meet the standards these plans,
processes, systems, and practices must be implemented, integrated across the institution, and evaluated
with results and changes noted as evidence of institutional effectiveness and quality improvement.
- It is suggested that CCSF undertake a global assessment all the College plans being created, to ensure
that unnecessary duplication and redundancy are removed, and to focus the college on the decisions,
actions, and changes needed to meet the Accreditation Standards.
- While the team cited the unusual circumstances related to compliance with standards in IV.B arising
from the Special Trustee, the Commission reminds CCSF that an institution must be in compliance with
the Eligibility Requirements, Accreditation Standards and Commission policies at all times.
- It is critical that the College as a whole embrace the challenges of completing the necessary reforms in
the restoration period.
The item above concerning the Board of Trustees is an indication that the elected Board should replace
the Special Trustee appointed by the California Board of Governors in order for CCSF to meet eligibility
requirements.
The letter stated that the Team Report should be read in order to understand the team’s findings but that
was not enough as the Commission itself added changes to the report. A note that “the co-chairs concur
with the Team Report changes” is a public relations effort to appear to be in compliance with their own
processes. The following additions were made:
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“Standard
Suggested Actions
II.A.2.e
Ensure consistency across the institution in reviewing all courses and programs and in
using data and analysis from the review in institutional planning and resource allocation.
II.B
Implement the assessment of student support service needs at the Ocean campus and
centers, and adopt identified improvements.
II.B.2
Ensure the catalog is updated regularly and on time, and that all required information is
included in the catalog.
Page 157, the first sentence of the last paragraph, concerning Standard IVA.1. is changed to read as
follows:
‘The College should engage in clarifying and strengthening structures and processes to ensure
representative and consistent student participation in the PCG.’”
The letter ends with the usual disclaimer that “The guidance and suggestions contained in the External
Evaluation Team Report represent the best advice of the peer evaluation team at the time of the visit but
may not describe all that is necessary for CCSF to come into compliance. The College's own self
evaluation and responsive action is a vital part of a successful voluntary peer evaluation process.
Institutions are expected to take all action necessary to continuously comply with Eligibility
Requirements, Accreditation Standards, and Commission policies. The Commission wishes to remind you
that while an institution may concur or disagree with any part of the Report, CCSF is expected to use the
External Evaluation Report to improve educational programs and services and to resolve issues identified
by the Commission.”
The Commission still claims that signing up with ACCJC is voluntary. Based on the change in Board of
Governors regulations, this may in the future be true as another accreditor is used for accreditation of
California’s community colleges.
The Restoration Policy does not allow for any appeal of the findings of the Commission and requires full
compliance (not “substantial compliance”). In other words, the process is stacked against CCSF. For this
reason, the process is not really fair to CCSF especially with the biased Beno led ACCJC.
November 16-20, 2014 RESTORATION EVALUATION REPORT
A 26 member Restoration Team that was heavily dominated by community college administrators visited
CCSF on November 16 - 20, 2014 to determine whether the college satisfied the requirements for the
newly invented ACCJC Restoration Process. They found that the college did satisfy the requirement that
it was likely to fully meet all requirements for accreditation within two years. As usual for ACCJC, the
emphasis was on internal processes of an administrative nature. Nothing was addressed concerning the
actual quality of the education provided at CCSF - which by all indications is very high.
The team found that “the College’s planning reflects realistic assessment of financial resources currently
available, and the possible development of financial resources, partnerships, and expenditure
requirements.” The report mentioned the decline in FTES and the resulting loss of revenue but did not
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note that the loss of students was directly caused by the threatened closing of the college. The Team did
not find that the college was in poor fiscal condition - one of the major reasons given for the misguided
action by the ACCJC to remove accreditation.
The ACCJC met on January 9, 2015 and concurred with the recommendation of the Team but added
several findings to the Team Report. The Commission found that “The comprehensive External
Evaluation Report for Restoration Status provides details of the team's findings with regard to each
Eligibility Requirement and Accreditation Standard and should be read carefully and used to understand
the team's findings.”
LIST OF TEAM MEMBERS
Dr. Chui L. Tsang (Co-Chair)
President/Superintendent
Santa Monica College
Dr. Georgia Lorenz (Team Assistant)
Vice President, Academic Affairs/ALO
Santa Monica College
Mr. Anthony Cantu (Co-Chair)
President
Fresno City College
Dr. Nory Wellsfry
Associate Vice President
ACCJC
Dr. Danika Bowen
Senior Director of Academic Affairs and ALO
Carrington College California
Mr. Mathew Jordan
Interim Dean Instruction Support
Pasadena City College
Mr. Matthew Jordan
Interim Dean Instructional Support
Pasadena City College
Dr. Susan Lorimer
Vice Chancellor of Education and Tech.
Los Rios Community College District
Mr. James Merrill
Professor English/ESL Department
Oxnard College
Dr. Adrienne Foster
Faculty Director DSPS
West Los Angeles College
Dr. Bonnie Ann Dowd
Executive Vice Chancellor Business Services
San Diego Community College District
Dr. Glen Kuck
Associate VC of Technology and Educ.
Support Services, San Bernardino CCD
Dr. Glen Kuck
Associate VC of Technology and Educational
Support Services San Bernadino CCD
Dr. Thomas Greene
President
American River College
Dr. Ryan Theule
Dean
Canyon Country Campus College of the Canyons
Dr. Bobbi Villalobos
Dean Academic Affairs
Los Angeles Harbor College
Ms. Lurelean Gaines
Dr. Caren Hennessy
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Chairperson Department of Nursing
East Los Angeles College
Associate Professor Business Education
Mt. San Jacinto College
Mr. Brian Thiebaux
English/Business Instructor
Palo Verde College
Mr. Steven Crow
Vice President Business and Fin. Affairs
Southwestern Community College District
Mr. James Glapa-Grossklag
Dean of Educational Technology,
Learning Resources, Distributive Learning
College of the Canyons
Dr. Kevin O’Rorke
Vice President of Student Services
Shasta College
Mr. Felix Hernandez
Vice President Facilities & Operations
Allan Hancock College
Dr. Barbara Dunsheath
Trustee
North Orange County CCD
Dr. Katherine McLain
Dean College Planning and Research
Cosumnes River College
Dr. Mary Gallagher
Vice President Administrative Services
Los Angeles Trade-Tech. College
Ms. Mojdeh Mehdizadeh
Vice Chancellor, Educational Services
and Technology
Contra Costa Community College District
Dr. Richard Tahvildaran-Jesswein
Professor, Political Science,
Associate Director Public Policy Institute
Santa Monica College
Summary of the Evaluation Report
The five faculty member, one community college trustee, one staff person from ACCJC, and nineteen
administrator team met to evaluate the “College's performance relative to the Accreditation Standards
and its compliance with Eligibility Requirements and Commission policies.” “The team was charged first
with determining whether CCSF met all eligibility requirements and then to evaluate whether the College
met each standard. If the College met a given standard, the team had to assess whether the College could
maintain compliance with the standard within the two-year restoration period. If the College did not meet
a particular standard, the team had to evaluate whether it could achieve compliance with the standard
within the two-year restoration period.” The team found that all eligibility requirements were met and the
standards that were not met could be completely met within two-years.
“The team conducted its work on campus from the morning of Monday, November 17 through early
afternoon on Thursday, November 20. During this time, team members toured the College's Centers;
conducted many interviews with college faculty, administrators, staff, and students and members of the
Board of Trustees; observed meetings of the Planning Committee, Academic Senate, and Classified
Senate; observed Distance Education classes; and held four open forums in addition to the Exit Report
forum. The team met with three incumbent members and three newly elected members of the Board of
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Trustees. One of the incumbent trustees was unable to meet due to illness.” Note that neither the classified
nor the faculty union are mentioned – just one indication of the anti-union bias of the Commission.
“Throughout the visit, team interactions with faculty, staff, administrators, and students consistently
confirmed that CCSF is a beloved and highly valued institution that has positively impacted the
communities of San Francisco and the lives of many. The enthusiasm of the college community members
was evident during the many interviews conducted by team members as well as the four open community
forums.”
Observations
“City College of San Francisco has engaged in bringing about significant change at the institution. As
detailed in this Evaluation for Restoration report, many new processes and procedures have been put in
place to come into compliance with all accreditation standards. The team found that CCSF does fully
meet the eligibility requirements. The team determined that in those cases the institution does not fully
meet the standard, the College will be able to achieve compliance with the standard within the two-year
restoration period. In the exit report to the College, the team cautioned them on three areas. First, the
College should continue to improve its evaluation of student achievement, instructional support services,
and student services. Second, the College will need to address the structural, long term financial stability
of the institution. Third, the College is encouraged to work on the newly developed Participatory
Governance Council (PGC) to become an effective decision-making process that can support the
continued change that needs to occur.”
“The visiting team was directed not to make recommendations to the College as part of the evaluation
for restoration process.”
The team (as amended by the Commission) found that the College did not fully meet the following
standards. It is not clear whether the college substantially met the standards (the rating criteria for all other
actions on colleges).
Standard I: Institutional Mission and Effectiveness
Standard I.B Improving Institutional Effectiveness
I.B.
Implement the identified actionable improvement plan and the comprehensive plan for assessment
of the student support service needs of the Ocean campus and the Centers.
I.B.3 Implement college-wide plans, clarify the relationship and integration among these plans, and
execute a well-defined assessment process that summarizes the outcomes and impact of the plans.
Standard II: Student Learning Programs and Services
Standard II.A Instructional Programs
IIA.2 Adopt a board policy for the award of credit (currently detailed in the Curriculum Committee
Handbook, but lacking force of district policy). Enforce published prerequisites through a consistent
practice.
II.A.2.b
Institutionalize the practice of establishing, meeting with, and documenting meetings with
advisory boards for all CTE programs.
II.A.2.c
Establish a regular process for establishing sequencing and time to completion.
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II.A.2.e
Ensure consistency across the institution in reviewing all
courses and programs, and in using data and analysis from the review in institutional planning and
resource allocation. [Added by Commission]
II.A.2.h
Continue implementation of the approval of Board Policies per current plan.
II.A.3.b
Continue development of learning outcomes that address quantitative reasoning.
II.A.3.c
Clarify how the existing General Education Outcomes regarding ethical behavior and
effective citizenship for the local GE pattern align with the CSU Breadth and IGETC General Education
patterns or develop new learning outcomes for CSU Breadth and IGETC that address these areas.
II.A.5 Continue to implement current plans to insure that all CTE programs will convene their advisory
boards by the end of Spring 2015 to review learning outcomes and insure exit skills for degrees and
certificates meet the technical and professional competencies to meet workforce needs.
II.A.6 Implement procedures as planned for Spring 2015 to improve the timeliness of the production
of the catalog and course schedule and insure that all course outlines and syllabi meet the requirements
included in the Curriculum handbook.
II.A.6.b
Implement planned procedures to support the adopted policy.
II.A.6.c
Complete the institutional assessment underway regarding mechanisms to insure and
maintain accuracy in the information communicated to students, personnel, and the community.
Standard II.B. Student Support Services
II.B Implement the assessment of student support service needs at the Ocean campus and centers,
and adopt identified improvements. [added by the Commission]
II.B.1 Secure permanent staff in key positions including Vice Chancellor, Student Development, and
reduce the reliance on temporary personnel. Finalize the SSSP and Student Equity plans currently under
development.
II.B.2 Ensure the catalog is updated regularly and on time, and that all required
information is included in the catalog. [added by the Commission]
II.B.3 Conduct planned student surveys to assess student needs, particularly at the Centers. Utilize
planned evaluation of services to inform counseling and scheduling changes at the Center locations.
Incorporate questions related to student support needs within the district planning systems. Work with the
Office of Research and Planning to assess the needs of both credit and noncredit students at the Centers.
II.B.3.a
Develop a comprehensive plan to provide students services at the Centers and main
campus. Implement the goals for an online student orientation, calendar of student programming, and
education plan program. Implement a comprehensive plan for quality services across all sites.
II.B.3.c
Develop an institutional plan to communicate regarding counseling services to students
and faculty. Systematically review counseling services though SLO and SLO evaluation.
II.B.3.f Insure equitable service between locations while minimizing complications that arise during the
transfer of records and implement the training identified in the actionable improvement plan for this
Standard
II.B.4 Continue to emphasize service area outcomes and student learning outcomes and commit to
using the analysis of the data to develop future planning agendas.
Standard II.C Library and Learning Support Services
II. C Implement plans under discussion. Support the development of facilities, equipment and
collections. Consider redistribution of duty hours to insure equitable service across locations.
II.C.1 Bring allocation of work hours and locations in alignment with course offerings and student needs
at each location.
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II.C.1.c
Implement plans currently under development to provide library and learning support
services to students and faculty at all locations.
Standard III. Resources
Standard III.D Financial Resources
III.D.1 Address the expenditure and revenue issues identified by the visiting team as outlined in the
standards below.
III.D.1.b
Monitor financial resources and address the decline in FTES. Prepare fiscally for the
expiration of the City parcel tax (8 years) and stability funding (3 years).
III.D.2.b
The most recent audit is not due until December 2014 and, therefore, was not available for
review by the team. Verifiable evidence to confirm the College has successfully addressed all past
audit's outstanding findings were not available at the time of the team visit.
III.D.3.c
The draft of the required 2013 actuarial study reduces the liability for the College from
$189 million to approximately $175 million. Additional strategies should be considered to fully address
the OPEB and other long-term liabilities.
III.D.4 Continue the process of program review and evaluation as described in the self-evaluation.
Make necessary modifications to ensure compliance.
Standard IV. Leadership and Governance
Standard IV.A Decision-Making Role and Processes
IV.A.1 Clarify structures and processes to insure representative and consistent student participation on the
Participatory Governance Council (PGC). The College should engage in clarifying and strengthening
structures and processes to ensure representative and consistent student participation in the PCG.
Improve dissemination of information as well as processes to receive input and issues for consideration
from constituency groups at the PGC in order to broaden participation in college governance.
Demonstrate the routine evaluation of the PGC and its subcommittees. [Change made by the
Commission]
IV.A.3 Continue to develop and employ assessment tools to assess the effectiveness of the PGC and its
subcommittees in support of continuous improvement. Effectively communicate procedures to participate
in the PGC and how it interfaces with the Collegial Governance system.
IV.A.5 Evaluate all components of the governance structure and processes and widely communicate the
results of the evaluation.
False Relief to CCSF
In Beyondchron
by Rick Sterling on January 16, 2015
In June 2014 the California State Auditor determined that Accrediting Commission for Community and
Junior Colleges (ACCJC) “lacks transparency” and “treats colleges inconsistently”. Now the ACCJC
proposes to cement their inconsistent standards. As announced on Wednesday, they have granted CCSF
accreditation “restoration status”.
The ACCJC announcement fails to mention that there is a court injunction preventing them from
removing CCSF accreditation. How can you “restore” something that was never lost?
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The “restoration” status is dangerous and deceptive because it imposes new and unequal conditions: the
college will be required to be in “full compliance” instead of “substantial compliance” and accreditation
can be removed without right of appeal. Who would be determining whether CCSF was in “full
compliance” with “all requirements and standards”? The ACCJC itself, of course.
With CCSF’s existence on the line, it would be the height of folly to assume a fair evaluation from
ACCJC in future. ACCJC has been consistently unfair in their treatment of CCSF. The commission has
tried to deceive the public into believing that CCSF was on warning after the 2006 Evaluation.
In fact, CCSF received high praise in the 2006 Evaluation Team report. One year later, CCSF was
featured among successful community colleges in a New York Times report. In 2012 the commission
rejected the recommendation of the evaluation team and instead imposed the most extreme “Show Cause”
status. This opened the door to a flood of misinformation and outside appointed take-over of the
administration. In 2014 the commission again rejected the recommendation of the evaluation team and
said they intended to terminate accreditation.
Both the State Auditor and the Dept of Education Accreditation Division have found the ACCJC to be
operating out of compliance with expectations, regulations and requirements. While the ACCJC requires
colleges to publicly disclose their accreditation status and reports, ACCJC itself does not disclose its own
status with the Dept of Education.
Unknown to most of the public, ACCJC is effectively on probation with the Dept of Education after
having been found out of compliance with 15 different regulations and requirements. Last January 2014
they were granted one year to come into compliance. ACCJC will be reviewed in coming months and may
have their authorization revoked by the Dept of Education.
It is being increasingly recognized that ACCJC is a rogue agency. The principal website examining the
accreditation fiasco in California has an ever-growing archive of evidence that ACCJC is a rogue agency.
In light of ACCJC irregularities, the California State Auditor suggested that colleges be allowed to
“choose an accreditor other than the commission (ACCJC).”
In the past two months more official complaints against ACCJC have been filed. The latest example of
ACCJC violations of due process involved the “Appeal Committee” which was supposed to impartially
evaluate whether the decision to “terminate (CCSF) accreditation” was correct. True to form, ACCJC
appointed members of the “independent” committee who were clearly biased. Two of the members had
already proclaimed their opposition to CCSF and the chairperson does joint PowerPoint Presentations
with the ACCJC President. He has previously acknowledged his conflict of interest due to his contracts
with ACCJC.
ACCJC may have rushed their announcement of the “restoration” decision in an attempt to confuse the
public and influence the Judge who will be issuing his decision on the SF City Attorney’s law suit.
Sometime soon Judge Curtis Karnow will issue that decision. If the City Attorney wins the suit it will
require ACCJC to start over and evaluate CCSF following their normal policies but this time in
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compliance with federal regulations and requirements. It will allow CCSF to start the recovery process
after nearly three years of misinformation and damage.
A fair evaluation of CCSF will likely result in need for improvements and reforms in some areas, but the
dark cloud will be lifted, the justification for the outside appointed czar will be eliminated, students will
start returning en masse and the accrediting agency will be on notice that they cannot violate federal
regulations, the public mandate and state law without check.
January 16, 2015 Tentative Decision in People vs. ACCJC
On January 16, 2015, Judge Curtis Karnow ruled that “ACCJC is liable for violations of the Unfair
Competition Law, specifically, the law's ban on unlawful business practices. ACCJC's material violations
made it impossible for City College to have a fair hearing prior to the 2013 termination decision. The
material violations can only be remedied with an injunction allowing City College to have the due
process to which it was entitled in 2013. The Commission must specify in writing its bases for finding
deficiencies in its 2013 termination decision that were not identified in the 2013 Evaluation Team Report,
consider any written responses to those newly identified deficiencies provided by City College, and
reconsider its termination decision, then taking such action as it in its lawful discretion may decide. The
preliminary injunction will be dissolved on entry of judgment.”
He then went on to state that “The People should now draft a proposed judgment and injunction
consistent with this proposed statement of decision (PSOD) for review by ACCJC and to be provided to
me, together with ACCJC's comments, on the date when objections under CRC 3.1590 (g) are due. By
that due date, either party may also draft, present to the other party for review, and provide to me, any
other proposed judgment and injunction which is either consistent with this PSOD or which assumes I
will agree with objections made to the PSOD. In the latter case, the draft must indicate that it assumes a
specified modification of the PSOD.”
“Aside from objections, the parties are invited to comment on (1) the scope of the injunction proposed in
this PSOD assuming the bases for liability remain unchanged, and (2) the potential impact of internal
appellate procedures on prejudice or materiality for the purpose of the common law fair procedure
doctrine, including (i) whether City College waived certain rights on appeal (ii) what impact that might
have here, (iii) the burden of proof here where the issue apparently regards cure.”
Any objections are due by February 3, 2015 as well as any other submissions that have been invited by
the conclusion of the judge. Since CCSF was not a party to the suit, the judge cannot order the college to
do anything but “The contemplated injunction would
(1) allow City College to opt into a reconsideration process, and if it does
(2) have ACCJC create a report which states as to each Standard the evidence as of June 2013 which
supports a finding of deficiency,
(3) allow City College to make a written response, and
(4) allow ACCJC to change or reaffirm the termination decision.
ACCJC cannot finalize the termination decision until the process is complete.”
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“ACCJC should alert me if it desires a brief stay of any injunction in order to seek relief [including a stay
pending appeal] from the Court of Appeal."
Judge Karnow found that “all the interested parties - City College, the People, and ACCJC - agree that
when City College had its accreditation terminated in 2013 it was not in full compliance with
accreditation standards; and this after years of serious financial and other problems.” The question at the
time was not full compliance but whether a lesser sanction should have been approved. In addition, Judge
Karnow failed to recognize that the people representing CCSF before the Commission who agreed to that
conclusion were appointed by Community College State Chancellor Harris and were trying to placate the
ACCJC rather than strongly support CCSF. Their testimony as to the condition of CCSF for the period
should have been questioned since they were not at the campus during the time under investigation. In
testimony in the case there was evidence presented that the above conclusion was not supported by the
actual facts. In fact, CCSF had and still has reserves in keeping with community college requirements in
California and its academic program was outstanding.
The judge found that “The evidence does not support a finding of any unfair practices. The evidence does
show that ACCJC violated certain federal regulations and a law known as the 'common law fair
procedure' doctrine. That doctrine requires basic due process, that is, the fundamental opportunity to be
able to respond to accusations of deficiencies before a final termination finding is made.”
The judge addressed “what sort of injunction to issue” and stated that “a court must first decide which
of the liability findings are sufficiently material, or significant, to warrant any relief. I have found that
not all the liability bases deserve relief. Some of the liability findings, specifically those relating to City
College's ability to respond in 2013 to the bases for termination, do warrant relief. The scope of the
injunction I issue must be commensurate, or proportionate, to that specific liability.” In short, he only
found the lack of due process worthy of remedy.
He found that his relief, outlined above “directly accounts for the significant unlawful practices I have
found, it pays attention to the extensive federal regulations which surround the accreditation process, and
it respects, as it must and as all parties agree, the fact that under federal law it is ACCJC, and not this
court, which exercises its discretion with respect to accreditation decisions.” He made clear his position
that “it is inappropriate for me to decide if the Commission’s decisions in 2012 and 2013 were correct.”
So if the court cannot address the decision making and the appeals process is rigged, how does a college
address a wrong decision? Currently the Department of Education is unwilling to reverse a wrong
decision. That appears to be something that must be addressed at the national level or in suit by CCSF
itself in federal court.
Personnel Costs and Long-term Liability
Two of the issues addressed by the Commission involved the percentage of personnel costs in the budget
and the funding of the long-term liability of retiree benefits. The testimony by now ACCJC Chairperson
Kinsella incorrectly informed the Commission that the average personnel costs in community colleges
was 80% and several of the Commission members testified that they were concerned with that. In any
case, it is no business of the Commission how much an institution pays its employees. In spite of the
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percentage at CCSF, the college was still in the black and had a reserve of over 5% (the community
college standard in California).
As far as the funding of long-term liability of retiree benefits is concerned, the only requirement is that a
college report the unfunded liability, not fund it. This has been reiterated by the State Chancellor’s Office
a number of times. The fact that a few of the Commissioners were involved in the setting up of the
Community College League of California Joint Powers to bank the district’s pre-funding was not
mentioned by the judge as a conflict of interest. In any case, the ACCJC should not be allowed to put its
values above those generally recognized as prudent fiscal operations. The judge was unwilling to address
this issue.
The judge ruled that it is not important that the 80% rule for share of employees salaries and benefits is
not in any of the policies of the ACCJC. The judge still felt that demanding an 80% share was not a
violation of the standards since “Nothing requires such an inflexible approach.”
Deficiency And Noncompliance
One of the issues brought up in the trial was Beno’s invention of a distinction between a “deficiency” and
“noncompliance.” In the words of Judge Karnow: “The meaning of the term ‘deficiency’ is critical.
ACCJC asserts that the word ‘deficiency’ refers to conduct that results in noncompliance, not
noncompliance itself. Therefore, ACCJC contends, the Commission may conclude that an institution
failed to meet an accreditation standard at the pertinent time for the purposes of terminating
accreditation even if the failure to meet that standard at the pertinent time has not been previously raised
by ACCJC so long as the Commission's decision is based on facts found by the evaluation team. The
People argue that deficiency means the failure to meet a standard. I adopt the meaning urged by the
People. Whether a factual finding amounts to a `deficiency' is a conclusion arising from the application of
accreditation standards to factual findings. A deficiency is not noted or identified until the underlying
conduct is evaluated in connection with an accreditation standard, and an insufficiency is found. If the
same factual finding is made, but there is no conclusion that the accreditation standard is unmet, no
deficiency has been identified. That is, a deficiency is not listed or identified with respect to a specific
standard unless and until the underlying behavior is directly tied to a failure to meet the standard.”
Karnow continues: “This interpretation means that the Commission violated 34 C.F.R. §602.18(e). If the
Commission adopts the team's findings, as was the case in 2012, the team report clearly identifies any
deficiencies in compliance by tying factual findings to standards. If, in 2013, the Commission was not
relying on the evaluation report, then there is no such detailed report that serves that purpose. The
termination decision, as ACCJC argues (ACCJC Post-Trial Brief, 37), does not make factual findings.
Nor does it tie factual findings to specific standards, although of course it lists several standards. If
ACCJC is relying on the team report, then the team report does not identify deficiencies in compliance
with the standards that the team report concluded were met, but the Commission concluded were not.”
Karnow then goes on to refute Beno’s invention: “Beno testified that deficiencies are behaviors that lead
to a failure to meet the standard. Her views do not change the interpretation of federal regulations or
ACCJC's policy. It is significant that at least two Commissioners apparently believed that a deficiency is
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a failure to comply with accreditation standards. Either way, ACCJC violated 34 C.F.R. § 602.18(e) with
respect to the 2013 evaluation.
“As to 34 C.F.R. § 602.25(d), City College was not given notice that deficiencies with respect to
standards I.B.1, I.B.2, I.B.3, II.A.6, II.B.4, III.B.1, and III.C persisted in 2013 before the Commission
acted to terminate based in part on the conclusion that those deficiencies did persist in 2013.”
The judge found that up to and including the Commission’s acceptance of the Focused Midterm Report,
nothing indicated that “City College was deficient in meeting accreditation standards. To be sure, the
Commission had identified concerns and required City College to take actions to address those concerns.
But it had not identified deficiencies.” In short, the two-year rule could not have been applied until after
a decision in 2013. ACCJC continues, even after being rebuked by the judge and the Department of
Education, to not distinguish between deficiencies (failure to meet standards) and suggestions for
improvements.
As far as the appeal process was concerned, the judge found that “it does not appear that infirmities in the
procedures before the Commission were either cured or waived (assuming waiver applies) by City
College’s conduct of the appeal, and accordingly I conclude here that there is a violation of common law
procedure doctrine.”
The Commission’s Policy on Commission Good Practice in Relations with Member Institutions stated
that “if the Commission action lists any deficiency, which was not noted in the Team Report, before
making any decision that includes a sanction, denying or terminating accreditation or candidacy, the
Commission through its President, will afford the Institution additional time to respond in writing to the
perceived deficiency before finalizing its action at the next Commission meeting.” Beno, in her testimony
in court, reluctantly admitted that the Commission had not allowed the time for the college to respond to
newly addressed deficiencies. The next day she changed her testimony with the invented distinction
between a deficiency and a failure to comply. The judge then ruled that this failure to allow CCSF to
respond was cause to go back and allow for the response before making a decision. In the words of the
judge: “The Commission did not comply with its policy. Rather, the Commission concluded that the
standards were unmet, where the 2013 Evaluation Team had concluded those standards were met.”
Conflict of Interest
The judge rejected the Department of Education’s finding of the appearance of a conflict of interest. He
stated that “I will not adopt the Department’s factual finding that the public would believe that the
Commission may favor the opinion of an evaluation team over an institution if the president’s spouse is
on the evaluation team” - as in this case. In addition Beno’s husband was from an adjoining college
which would receive CCSF students if CCSF was closed. Again the judge gave little weight to this issue
as he felt there was not the evidence presented that showed the conflict of interest actually manifested
itself. In any case, the Commission has since revised its policy in October 2013 to not allow for Beno’s
husband to be a member of a evaluation team.
The judge also concluded that the underrepresentation of faculty on the evaluation team had not been
proven in this case to have a significant effect on the result.
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The judge ruled that the removal, at the insistence of Beno, of the sentence that read: “The College
demonstrated a high level of dedication, passion, and enthusiasm to address the issues and provided
evidence of compelling action to address previous findings” was within her legitimate roll of a reader.
He did not note that this is just one example of her bias against CCSF and its more liberal policies. Beno
claimed she only acted to ensure that the team report was consistent in its findings. She could, of course,
instead have requested that the team change its statements that conflicted with the above sentence.
The judge also threw out claims of unfairness as having insubstantial impact on the final decision of the
Commission. The same frame was taken with regard to other issues raised - that the People had not
proved that any harm had come from the improper or unfair actions of the Commission.
ACCJC Press Statement
The ACCJC Press Statement of January 16, 2015 to the judge’s ruling was as expected from past response
- scant recognition of the fact that the judge, in part, ruled against the ACCJC. The Press Statement stated
that the ACCJC is “extremely gratified that after a full evidentiary hearing and extensive briefing by the
attorneys, Judge Karnow essentially found that the ACCJC did not do anything wrong with respect to it
decisions regarding the accreditation of CCSF.” This is just one example of the ACCJC’s continued
arrogance, use of half-truths, and lack of respect for fair due process.
The press release from ACCJC stated that “The judge found an issue with a small number of
noncompliance areas listed in the 2013 Commission decision, and asked that further explanation be given
to the college concerning these areas to reconsider the termination action or take other appropriate
action.” The press release does not mention that the major violation was the lack of due process rights
being observed by the Commission. It also did not go into the next steps in the process in any detail so
that a reader of the Press Statement could tell what the real decision meant for CCSF.
The Press Statement lists a number of points that were rejected for lack of the proof necessary to convince
the judge. The Press Statement states that such issues that were raised such as as conflict of interest,
academic representation on teams, influence of factors outside of the accreditation standards, and Beno’s
role were not true. With more evidence (and people willing to come forward and address the truth
honestly without fear of retribution from the Commission) the resulting conclusions may have been
different. Judge Karnow may have found the ACCJC not guilty on a number of charges, but that does not
lead to the conclusion that ACCJC was innocent on these charges. Of course in ACCJC’s eyes, the
ACCJC and Barbara Beno never do anything wrong.
The press release eventually mentioned that “There were two other areas which the tentative decision
notes involved technical violations with federal regulations, but Judge Karnow also found that these had
no effect on the CCSF accreditation decision.” Actually the judge said that the violations were not proven
to affect the Commission decisions.
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The Press Statement concluded with “Now that the trial is over, now the focus can hopefully return to the
restoration of CCSF’s accreditation status.” I guess the ACCJC has already decided to reject any
arguments that CCSF makes with regard to the reopening of the 2013 decisions in compliance with the
judge’s decision. So much for the continued due process rights of the CCSF.
January 20, 2015 Board of Governors removes ACCJC from Regulations
On January 20, 2015 the California Community College Board of Governors voted to remove the listing
of ACCJC as the accredition agency for California’s community colleges. The new language now reads
(as amended):
Section 51016 of subchapter 1 of chapter 2 of division 6 of title 5 of the California Code of
Regulations is amended to read:
§ 51016. Accreditation.
Each community college within a district shall be an accredited institution. The
Accrediting Commission for Community and Junior Colleges shall determine
accreditation. Accreditation shall be determined only by an accrediting agency recommended by the
Chancellor and approved by the Board of Governors. The Board shall approve only an accreditor
recognized and approved by the U.S. Secretary of Education under the Higher Education Act of 1965
acting within the agency’s scope of recognition by the Secretary.
Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Section
70901, Education Code, 34 CFR Part 602.
A timetable for the selection of a new accrediting agency has not yet been determined.
Chapter 9 Sanctions on Colleges – A Picture of Inconsistent Decisions
Before 2014
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Compton College - DENIAL OF ACCREDITATION (2005)
After years of poor fiscal management at Compton College, the State Chancellor’s Office took control of
the Compton Community College and appointed a Special Trustee to oversee and veto any decisions of
the Compton elected Board of Trustees. The Board of Governors of the California Community Colleges
then voted on August 3, 2004 to suspend, for a period of one year, the authority of the Compton Board of
Trustees. The Board of Governors based their decision on their determination that “the Compton
Community College District is not in compliance with the principles of sound management as delineated
in the Board of Governors’ regulations” and “Compton has failed to maintain fiscal integrity and all
efforts short of intervention have been unsuccessful.”
The State Chancellor appointed the Fiscal Crisis and Management Assistance Team (FCMAT) to
investigate Compton College’s fiscal status and make recommendations for change. Assembly Bill 1200
created FCMAT in 1991. The mission of FCMAT “is to help California's local educational agencies fulfill
their financial and management responsibilities by providing fiscal advice, management assistance,
training and other related school business services.” FCMAT also “provides management studies for
school districts, county offices of education, charter schools and community colleges that request them.”
Following the Board of Governors’ action to appoint a special trustee, the ACCJC decided to send a 3person Special Visiting Team to Compton on July 20 and 21, 2004 to investigate. Dr. Beno (then the
Executive Director) served as the chair, one CEO (Jan Kehoe, then President of Long Beach CC and
Vice-chair of the Commission) was appointed to address the management issue, and one Chief Business
Officer (CBO) was chosen to look at the financial side. It should be noted that Long Beach City College
is a neighboring district to Compton and would profit in increased enrollment if Compton College were to
be closed. The appointment of Kehoe raises issues of conflict of interest but that apparent conflict was
never addressed by the Commission. It was also unusual for the Commission to appoint such a small team
to review a college. The team appointed was clearly not a team of community college “peers”. I am not
aware of what role Beno and Kehoe played in the subsequent actions taken by the ACCJC as the votes
and discussion are done in private sessions.
FCMAT found that of the approximately 170 “Independent Contractors” in 2002-03, all of them were
“likely not qualified to be contractors.” Other improprieties were found including using a college “luxury
cruiser” for non-educational programs including trips to Las Vegas. In short, FCMAT found serious
financial irregularities. One instance of Board of Trustees malfeasance was found, and a board member
pled guilty to criminal charges as a result.
The Special Visiting Team “ confined its examination of the college to governance, institutional integrity,
finance, and human resources issues, although the specific problematic conditions of the college spilled
over to include instructional quality and integrity, technology, and financial aid/student records and
support services. Key among these issues was the fiscal viability of the college; what became evident to
that team was the severity of institutional dysfunctions across all areas of college operations.”
The Special Visiting Team in 2004 noted in their report that the Board of Trustees used institutional credit
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cards for personal expenses, it required the College President to purchase five college automobiles for use
by the Board, and outlined other "misuses" of college funds. They felt that the College Business Officer
(CBO) appeared to be incompetent and was not able to make corrections recommended by the District's
external audits. They found that the President of Compton College had no control over the Deputy
Superintendent/Executive Vice President who acted as "the real president."
The Special Visiting Team that visited Compton College on July 20-21 2004 found that the college was
out of compliance in three main categories - “fiscal management and stability of the College, personnel
practices, and College governance.” The fiscal management and stability section dealt with the hiring of a
new Business Officer, the implementation of a “strong administrative evaluation systems that will enable
the President to better hold administrative staff responsible for their job performance”, and that the
college should follow the recommendations contained in the FCMAT report, and implement “processes
that ensure fiscal stability and integrity.”
The personnel practices that “needed improvement” included
 reviewing job descriptions,
 making sure employees are qualified,
 establishment and implementation of a code of ethics,
 a proposed restructure of administration so positions would be based on institutional needs and
not the personal qualifications of incumbents, and
 that the college establish professional development programs.
The leadership and governance concerns involved review and revision of governance processes;
 stopping the Board of Trustees from working directly with staff, vendors, and consultants and
“delegate to the President the full responsibility for administration and implementation of policy”;
 implement training for members of the Board of Trustees using the American Association of
Community College Trustees, the ACCJC, and the Association of Governing Boards; “the
governing board, administrators, faculty, and staff demonstrate that they are working for the good
of the institution and its students”;
 “give the President the responsibilities for all operations of the college”; and
 generally assure a strengthened presidency.
The eventual report of the Special Visiting team relied heavily on the FCMAT audit for its findings and
their report became the basis for the Commission's judgment in January of 2005.
As is the custom of the ACCJC, the Special Visiting Team suggested sanction was never made public.
Compton College had no chance to know what was coming at the January meeting of the ACCJC.
On Jan. 1, 2005, Compton College was not and had not for several years been under ACCJC sanction of
any kind. Compton College had not had an ACCJC comprehensive review in 6 years. It was scheduled for
one in April of 2005. As a result of the state intervention, the Commission had notified Compton in the
early fall of 2004 that it would postpone the comprehensive review for one year to April 2006. This April
2006 review never occurred.
The Commission took action to place Compton College on SHOW CAUSE at its meeting of January 12-
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14, 2005 and demanded a Progress Report by March 15, 2005 - effectively giving the college less than
two months to make any changes in their operations. The college compressed its schedule from 18 to 16
weeks to get students in and out faster, it reorganized its financial aid office, and was on its way to its
highest-ever rate of summer enrollment. The state-appointed interim college president, Jamillah Moore,
wrote that Compton College is "in substantial compliance."
Beno and Kehoe and a new CBO (Mike Brady from the Foothill-DeAnza Community College District)
served on the subsequent SHOW CAUSE Visiting Team. The April report of the Visiting Team simply
reviewed progress, or the lack of it, on the findings of its first report. As is its habit, each finding had a
parenthetical reference attached to the applicable standard or eligibility requirement. The presumption in
each case was that the finding showed a shortfall in compliance with that requirement/standard. The
conclusion of the report read “the team found that while great progress has been made since the State
Chancellor’s Office assumed control of the College, there is much to be done to repair the damage of
years of poor administration and poor Board governance. Although the original reason for the
Commission’s concern was fiscal instability, there is evidence that the damage is pervasive in the student
services and instructional areas. The team does not want to diminish the efforts of members of the College
to correct the deficiencies, but to point out how much more will have to be accomplished before the
College fully meets the Eligibility Requirements and Standards of Accreditation.”
There was no indication in the visiting team report that the college accreditation would be lifted or that the
college would not have until 2006 to make the necessary adjustment to avoid termination of accreditation.
The visiting team recommended sanction has never been made public.
The Commission then terminated Compton College's accreditation at its June 8-10, 2005 meeting - ten
months before ACCJC’s own rescheduled review. I do not know what role either Beno or Kehoe played
in that decision as the votes and discussions are held in a secret meeting. In any case, in considering the
short timeline allowed for corrections, it was clearly the intent of the Commission to not give the college a
chance to improve but rather its goal all along was to remove accreditation.
Although accreditation was denied by the Committee on Accreditation for Junior and Community
Colleges in June of 2005, the actual withdrawal was held in abeyance pending appeal.
In a letter dated July 25, 2005 Chancellor Darroch F. Young, Chancellor of the Compton College
adjoining Los Angeles Community College District, wrote to Dr. Mark Drummond (California
Community Colleges Chancellor) and Dr. Barbara Beno regarding the accreditation of Compton
Community College. He wrote that “I also believe unequivocally that it is essential to maintain Compton
College and the Compton Community College District as an independent entity.” He noted that “Compton
College is the only community college in the City of Compton. In addition to serving the students from
Compton it serves students from the neighboring communities of Carson, Lynwood, Willowbrook and
South Los Angeles. Because of the important role the college plays in these communities, I hope you will
give Compton College enough time to correct the problems the Commission and the State
Chancellor’s Office have identified so that it can maintain its accreditation without disruption and
continue to educate students from the communities it serves.” He concluded noting “Compton
College’s long and distinguished history” and the “benefit in maintaining Compton College as an
independent, single-campus district.”
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The intervention by the California Community College Board of Governors was intended to help
Compton to restore its fiscal integrity. By terminating accreditation, the Commission effectively killed the
patient. As we have seen in other actions by the Commission, the actual quality of the education
received by students was never addressed.
Compton College appealed the decision to the Commission in November, 2005. Compton College argued
that, though it did have a malfunctioning Board in violation of the accreditation standard, the state
intervention effectively provided an interim correction for the deficiency, by way of the state-appointed
Special Trustee who assumed the authority of the Board. The Commission replied that the Special Trustee
is not a board and the elected board is still not functioning. In short, the defining feature of the state
intervention became, not a remedy to preserve accreditation, but, in the Commission's view, a
grounds for terminating accreditation. In a letter from to Jamillah Moore, Interim SuperintendentPresident of Compton College, dated November 18, 2005 the ACCJC explained that “The Commission
does not consider a State appointed trustee, acting under the "direction and supervision" of the
Chancellor as required in the Order, to be the substantive equivalent of an independent policymaking
body.” The existence of a Special Trustee and a non-functioning elected board fails to satisfy the ACCJC
Eligibility Requirements for Accreditation which read, in part, “The institution has a functioning
governing board responsible for the quality, integrity, and financial stability of institution and for
ensuring that the institution's mission is being carried out. This board is ultimately responsible for
ensuring that the financial resources of the institution are used to provide a sound educational program “
and “the governing board is an independent policy-making body capable of reflecting constituent and
public interest in