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| Education > Accreditation > COE manual > Appeal of adverse accreditation decisions |
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Accreditation Policies and Procedures of the AVMA Council on Education (COE)
Revised November 2010
31. Appeal of Adverse Accreditation Decisions |
The action of the Council on Education is final with respect to the accreditation or reasonable assurance classification assigned to a college of veterinary medicine, except that any adverse decision may be appealed by the affected college. An adverse decision on accreditation or reasonable assurance is defined as withholding initial or renewed accreditation, or denial of a request for change in accreditation status, denial of a reasonable assurance status, or assignment of substantial compliance, or terminal accreditation. When an adverse accreditation or reasonable assurance decision is made by the Council, the college is informed in writing of the decision and the reasons for such decision, and reminded of the right to appeal.
In the event of an adverse decision by the COE, the affected college may appeal the decision on the grounds that the Council 1) has ruled erroneously by disregarding established AVMA criteria for accreditation, 2) failed to follow its stated procedures, or 3) failed to consider all the evidence and documentation presented. No other grounds for appeal will be allowed. When a college appeals an adverse decision by petitioning for review, the following procedures will apply:
- Not later than 30 calendar days after receipt of notification (registered mail, return receipt requested) of an adverse decision, the college shall notify the AVMA Executive Board in writing, through the Executive Vice President, that it intends to appeal the decision. Not later than 60 calendar days after the date of notification of the adverse decision, the college shall submit documentation (one original and 15 copies) supporting its appeal and a $10,000 deposit to be applied to the expenses of the hearing. Expenses shall be paid by the appellant college (as outlined in 10 below), and any balance remaining from the deposit shall be returned to the college, or the college will be invoiced for additional expenses.
- The Executive Board shall appoint a hearing panel comprised of seven persons, none of whom shall be current members of the Council on Education or AVMA staff. The hearing panel will include veterinary educators and practitioners, and one public member. Adequate training will be provided to ensure panel members have the requisite knowledge and understanding to make decisions consistent with the polices and requirements of the Council on Education. The Executive Board shall designate the Chair of the panel. Hearing panel members are required to sign a Conflict of Interest Statement.
- A hearing shall be held at or near the AVMA office in Schaumburg, not more than 120 calendar days following receipt by AVMA of the documentation supporting the college's appeal. The Executive Vice President will schedule and organize the hearing and notify the hearing panel, the college, and the members of the Council on Education by mail not less than 10 nor more than 40 calendar days prior to the date of the hearing. The notification will include the date, time and place for the hearing, as well as a list of the members of the hearing panel.
- At any hearing, an officer or other representative of the appellant college and a member of the Council on Education shall have the right to present witnesses and to submit documents and other written materials pertinent to the case. The appellant college and the Council may be represented by legal counsel who may make the presentation on behalf of the appellant college and the Council, respectively. The appellant college shall be responsible for all fees and expenses related to its legal counsel. The hearing panel may also have legal counsel present to advise it with respect to procedural matters. Following presentations by the appellant college and the Council, the hearing panel will allow opportunity for response and rebuttal by the appellant college. Before permitting testimony relating to the character or general reputation of anyone, the panel shall satisfy itself that the testimony has a direct bearing on the case at issue.
- The hearing shall be restricted to a review of documents and testimony relevant to the standard(s) on which the adverse accreditation or reasonable assurance decision was based, or a review of the process and procedure used to arrive at a recommendation as appropriate, depending on the basis of the appeal. Documentation may include extracts from the college or school self-study, with appendices or attachments, and from the report of evaluation of the site visit team. All documentation and testimony shall be relevant to conditions existing at the college or school during the dates on which the site visit was made or on which the adverse decision was based.
- The hearing panel may either affirm, amend, or reverse an adverse decision, or remand the adverse decision to the Council for further consideration. If the hearing panel reverses or amends the Council's decision, the hearing panel will remand the matter to the Council with specific instructions to implement the hearing panel's decision. If the hearing panel remands and adverse action for further consideration by the Council, the hearing panel shall identify specific issues that the Council must address. In all cases where a decision is implemented by or remanded to the Council, the Council shall act in a manner consistent with the hearing panel's decision and instructions. The conclusion of the panel shall be produced in the form of a written report and become a permanent record of the Council on Education. The chief executive officers of the college and the university will be provided with copies of the hearing panel report. The panel report will be confidential to the Council. All questions will be referred to the college which may respond as deemed appropriate.
- An appeal is not a de novo hearing, but a challenge of the Council's decision based on the evidence before the Council at the time of its decision. The Council's decision should not be reversed by the appeal panel without sufficient evidence that the Council's decision was plainly wrong or without evidence to support it. Accordingly, the appeal panel should not substitute its judgment for that of the Council merely because it would have reached a different decision had it heard the matter originally.
- The accreditation status of the petitioning college shall remain unchanged during the review; there shall be no public notice of the adverse decision until the review is complete and a final decision rendered. The fact the college has filed an appeal will, however, be a matter of public record.
- At the discretion of the hearing panel or upon advance request in writing by either the petitioning college or the Council, a transcript of the proceedings may be made. The transcript will be shared by all parties.
- The report of the hearing panel will be considered at the next regular meeting of the Council on Education. The Council must act in a manner consistent with the hearing panel's decision and instructions. All deliberations of the Council and the factors considered prior to the final decision shall be confidential to the Council. The appealing college will be notified in writing of the final accreditation status assigned by the COE.
- If the decision by the COE is upheld, the appellant will be responsible for all expenses associated with the appeal. If the decision by the COE is reversed in its entirety, the appellant will be responsible for all expenses associated with transportation, food, and lodging for the college representatives; legal fees associated with college representation; and any other expenses incurred by the college in making the appeal. All other costs associated with the hearing including, but not limited to, panel and COE transportation, lodging, and food; legal counsel for the panel and/or the COE; conference telephone calls; mailings; meeting facilities; and a transcript of the proceedings will be shared equally by the college and the AVMA.
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31.1. Reevaluation
A college may request a reevaluation at any time for reasons of reclassification. The request should justify the reasons for requesting a different classification. A current self evaluation, or an updated report of a self evaluation less than two years old, must be submitted approximately six weeks before the date of a site visit. The report should indicate the changes that have occurred since the previous evaluation with particular reference to the recommendations previously made. When there appears to be a reasonable probability that the classification can be changed, the Council will make every effort to implement a new evaluation, but in no case less than one year after a previous evaluation (the meeting at which the Council made the relevant decision.)
The Council is receptive to a request by any college to be evaluated for reaccreditation at less than the maximum established interval for any reason, such as the coordination of self-evaluation reports and site visits required by other agencies. Such requests are honored according to the ability of the Council in consideration of its prior commitments to other colleges. |
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American Veterinary Medical Association
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= AVMA/SAVMA Members Only