Accjc gone wild
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ACCJC GONE WILDBy Martin Hittelman December 15, 2014 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 martyhitt@gmail.com Note: In many sections of this paper, items have been bolded in order to add emphasis. 
Table of ContentsACCJC GONE WILD 1 Table of Contents 2 Introduction 2 What is ACCC and How Has It Gone Wrong? 2 ACCJC Violations Confirmed by U.S. Department of Education 2 Student Learning Outcomes 4 Widely Accepted Criteria 5 High Rate of Sanctions 6 Major Reasons for ACCJC Sanctions 7 Secrecy in ACCJC Operations 8 ACCJC and Advocates 9 Methods Used in Gone Wild 10 Chapter 1: Higher Education Accreditation 11 ACCJC and WASC 12 Violations of the Code of Federal Regulations 12 WASC 13
Quality Assurance, Continuous Improvement, or Compliance 14 Application Process for Accreditation Agencies to Receive Reaccreditation 15 Staff Analysis of an Accrediting Agency's Application 16 Hearing Before the Advisory Committee 16 “National Advisory Committee on Institutional Quality and Integrity (NACIQI) 17 Chapter 2: The ACCJC in Action 20 New Appeal Process Controlled by the ACCJC 21 College Ability to Plan, Prepare Reports, Review 22 Sanctions Criteria 23 ACCJC’s Extreme Number of Sanctions 24 U.S. Department of Education Pressure 25 Sanctions at January 2012 meeting 25 June 8-10, 2011 Sanctions 26 January 10-12, 2012 Sanctions 26 June 6-8, 2012 Sanctions 27 January 9-11, 2013 Sanctions 28 Actions on California Community Colleges 29 2011-2014 29 Sanctions 2003-2008 31 January 2009 – January 2012 32 Top Perceived Deficiencies Causing Sanctions 32 June 5-7, 2013 Actions 33 Accreditation Agency Sanctions 2013 35 January 2014 Common Deficiencies 36 ACCJC Actions of January 8-10, 2014 36 ACCJC SANCTIONS OF JANUARY 2014 – A NEW DIRECTION? 37 ASCCJC Actions of June 2014 38 Trends in Deficiencies Leading to Sanction January 2009 to January 2014 40 Chapter 3 Problems With ACCJC 42 Out of Touch With California Educational Environment 43 Public Disclosure and Retaliation 43 History of Complaints Against ACCJC 44 Hittelman Letter of November 21, 2001 on Standards 44 October 13, 2008 Hittelman Letter to ACCJC 45 December 2008 ACCJC Reply Filled with Errors 47 CCA/CTA Correspondence March 2009 49 CTA Letter March 2009 50 California Community Colleges Task Force Oct. 2009 51 Recommendations to ACCJC from Task Force 51 ACCJC Response to Concerns of Chancellor Scott and the Task Force Jan. 2012 52 The RP Group Findings of February 2011 54 CFT letter of January 8, 2013 Concerning Failure to Obey Timelines 56 Hittelman Complaint/Comment of April 30, 2013 57 ACCJC Response of May 31, 2013 58 June 26, 2013 Hittelman Response 59 Attacks on Board of Trustee Members 59 Los Angeles Southwest College 61 Ventura College 61 Chapter 4 Complaints/Lawsuits Filed and Reponses 62 Hittelman THIRD PARTY COMMENT FORM 63 June 28, 2013 Response from ACCJC 64 July 25, 2013 ACCJC Reply to Hittelman Complaint and Hittelman analysis 64 October 1, 2013 Hittelman Request for Information 66 City College of San Francisco - PLACED ON SHOW CAUSE (2012), ACCREDITATION REMOVED (2013) 67 Resolution of the Academic Senate of the California Community Colleges. 72 CFT Complaint Filed on April 30, 2013 72 ACCJC Response to CFT Complaint 73 May 30, 2013 Accrediting Commission Perfunctory Response to CFT Complaint/Comment 74 Letter to Chronicle of Higher Education by Commissioner Frank Gornick 76 CFT Statement on CCSF Loss of Accreditation 78 Statewide Community College Chancellor Brice Harris July 3, 2013 Statement on Appointment of Special Trustee 79 Parallel to Compton College 80 July 8, 2013 CFT Remarks to the Board of Governors 81 Statewide and CCSF Student Success Scorecards 2014 83 CFT Complaint to Department of Education July 26, 2013 85 ACCJC Information to the Field - July 2013 – An Unlikely Story 86 Accreditation Group finds ACCJC out of compliance – August 13, 2013 91 ACCJC Press Release of August 13, 2013 93 Letter from AFT Local 2121 to Scott-Skillman and Agrella 94 August 16, 2013 Letter from Beno to Agrella on Confidentiality of Review Process 96 August 19, 2013 Agrella Letter to the College Community 99 Save CCSF Coalition Complaint of August 19, 2013. 100 CFT letter to Brice Harris August 19, 2013 101 CFT CLASS ACTION COMPLAINT OF SEPTEMBER 24, 2013 103 Save CCSF Rally - November 7, 2013 106 California Joint Legislative Audit Committee – Action on August 21, 2013 108 Call for State Audit 108 Backgound for Call 110 2013-123 AUDIT SCOPE AND OBJECTIVES - Accrediting Commission for Community and Junior Colleges - Community College Costs and Nonstate-Approved Policies 112 San Francisco City Attorney files Law Suit August 22, 2013 112 ACCJC Press Release of August 23, 2013 on SF Attorney Suit 114 Trustee of Coast Community College District Support of Complaint August 20, 2013 114 Letter from State Superintendent of Public Instruction to ACCJC, September 17, 2013 115 ACCJC Press Release on Superintendent Tom Torlakson's Letter 117 September 5, 2013 Letter from Academic Senate to Department of Education 118 September 10, 2013 Complaint by the League of United Latin American Citizens 118 Complaint of September 25, 2013 by the San Mateo County Community College District 120 October 7, 2013 Letter from San Mateo Chancellor Galatolo 121 October 8, 2013 Letter from Beno to Dr. Bonnie Dowd Requesting Help 123 Oct. 24, 2013 Chancellor’s with Opposing Views 124 ACCJC Commissioner Kinsella Writes 124 San Mateo Chancellor Galatolo Replies 124 Save CCSF Coalition Files November 4, 2013 Lawsuit 126 Academic Senate for California Community Colleges Addresses ACCJC Issues 129 Visiting Team Reports and Privacy 133 Commission Composition 134 CFT and S.F. City Attorney File for Preliminary Injunction – Nov. 24, 2013 138 CFT Memorandum of Points 139 S.F. Injunction Information 141 Harris letter to Herrera of January 2, 2014 141 Superior Court Judge Karnow Issues Preliminary Injunction January 2, 2014 143 ACCJC January 13, 2014 Misleading Press Release 144 Department of Education Staff Report on ACCJC – November 2013 149 §602.13 Acceptance of the agency by others. 151 §602.18 Ensuring consistency in decision-making 154 January 28, 2014 Letter to Beno from Department of Education 157 Sections Violated by ACCJC as noted in letter and [remarks by Dept. of Education staff] 159 Chapter 5 ACCJC in 2014 163 January 2014 Meeting of the ACCJC 164 Lack of Transparency - CFT Letter of January 9, 2014 167 Report on ACCJC Meeting of January 10, 2013 168 Some of the Changes 169 New Policy On Complaints Against ACCJC 169 Policy on Commission Actions on Institutions 170 Policy on the Right and Responsibilities of the Commission and Member Institutions 170 Policy on Access to Commission Meetings 171 Review of CCSF Removal of Accreditation Decision 171 Letter from Saginor to Agrella 172 March 3, 2014 Save CCSF Answers ACCJC Claims to Dismiss Case 173 March 2014 Letter from Congressmembers to Secretary of Education Duncan 175 January 2014 ACCJC Meeting - Has Anything Really Changed? 176 Cabrillo College - Reaffirm Accreditation 178 ACCJC Threatens San Jose/Evergreen Community College District 178 San Mateo Community College – Reaffirm Accreditation 179 Victor Valley College - Remove Probation, Reaffirm Accreditation 182 Solano College – Remove Warning and Reaffirm Accreditation 183 Woodland Community College - Continue on Warning 184 College of the Sequoias – SHOW CAUSE to WARNING 185 Cuyamaca College - Reaffirm Accreditation 186 Grossmont College - Reaffirm Accreditation 188 Cuesta College - Removed from Warning, Reaffirmed Accreditation 189 Honolulu Community College – Removed from Warning, Accreditation Reaffirmed 189 El Camino College - Removed from Warning 189 January 2014 Revised Standards 189 Hittelman Statement to the ACCJC on Standards Revision 193 Feb. 7, 2014 ACCJC Threatens San Jose/Evergreen Community College District Over SLOs 193 On April 12, 2014, the California Community College Academic Senate approved the following resolution: 195 April 14, 2014 Letter from CCSF Chancellor Tyler to the College Community 198 Errors seen in commissioners' opinion piece on CCSF funding 198 April 18, 2014 Chief Executive Officers to ACCJC 199 Legislative Bills as of May 11, 2014 200 May 20, 2014 letter from BOG to ACCJC - the Smoking Gun? 203 May 27, 2014 Rejection of Reconsideration of CCSF Sanction 205 May 30, 2014 Resolution by California State Legislature 208 2014 Visiting Teams Light on Faculty Representation 208 June 11, 2014 - ACCJC Announces Proposed Language on Terminating Accreditation 218 CCSF Appeal Hearing Decision June 12, 2014 219 The Decision 221 Preliminary Considerations 221 Basic Contentions 222 Bias of the Panel 223 Declaration of Brice Harris In Support of Herrera Law Suit June 10, 2014 225 July 21, 2014 ACCJC Decision on Remand 227 Letter from ACCJC Accepting Restoration Status 229 June 2014 Sanctions – Inconsistent Results 231 June 2014 ACCJC Sanctions 232 Los Angeles Valley College - Continue Warning 232 Los Angeles Mission College - Remove Warning and Reaffirm Accreditation 233 Barstow Community College - Remove Warning and Reaffirm Accreditation 235 Ohlone College - Reaffirm Accreditation 235 Hartnell College - Remove Probation, Issue Warning 237 Moreno Valley College - Reaffirm Accreditation 239 Orange Coast College - Remove Warning and Reaffirm Accreditation 241 Coastline Community College - Remove Warning and Reaffirm Accreditation 242 Evergreen Valley College - Probation 242 San Jose City College - Probation 242 Cerritos College - Warning 243 West Valley College - Warning 245 Victor Valley College - Probation 246 Golden West College - Continue on Warning 248 Palo Verde College - Probation 249 Los Angeles Southwest College - Remove Warning and Reaffirm Accreditation 251 Lassen Community College - Reaffirm Accreditation 252 Norco College - Reaffirm Accreditation 253 June 26, 2014 California Bureau of State Audits (BSA) Report 254 New Commissioners - July 1, 2014 256 Gloria Romero 256 July 16, 2014 Judge Rejects ACCJC’s Attempt to Slow Down Legal Case 256 July 28, 2014 CCSF Leadership Applies for Restoration Status 257 Letter from ACCJC Accepting Restoration Status 259 Bonta Legislation Approved 261 October 10, 2014: Judge again rejects ACCJC attempt to stop trial 261 Proposed Change to Board of Governors' Regulation on Accreditation 261 October 14, 2014: CCSF Submits Accreditation Self Evaluation Report 262 Community College Consultation recommends removal of ACCJC in Board of Governors Regulations 263 October 22, 2014 CEOs to Beno and Herrera 264 The People v. ACCJC Goes to Trial October 27-31, 2014 265 Oct. 31, 2014 ACCJC: WHAT’S EDUCATION GOT TO DO WITH IT?! By Alvin Ja 271 IN WHOSE INTERESTS: PUBLIC, OR ACCREDITING COMMUNITY? 272 QUALITY OF EDUCATION NOT RELEVANT TO ACCREDITATION STANDARDS 272 UNFAIRNESS OF COMMISSIONER SELECTION/ELECTION 273 THE CONCEPT OF TEST VALIDITY 273 ABUSE OF THE PUBLIC TRUST 273 FEDERAL REGULATIONS: KEYS TO THE KINGDOM WITH A LICENSE TO KILL 274 OPPRESSIVE, UNSCRUPULOUS, AND ABOVE-THE- LAW 274 MEMBER INSITITUTIONS, CCC CHANCELLOR’S OFFICE & BOARD OF GOVERNORS 274 EDUCATION COMMUNITY 275 November 15, 2014 Plenary Session of the Academic Senate for California Community Colleges 275 “Student Learning Outcomes and Faculty Evaluations (Approved Nov. 15, 2014) 275 “Accreditation Evaluation Teams and Commission Actions (Approved November 15, 2014) 276 “Faculty Participation on ACCJC External Review Committees (Approved November 14, 2014) 277 “Freedom to Choose (Referred to ASCCC Executive Committee for Consideration) 277 November 17, 2014 Board of Governors Meeting 278 Removal of ACCJC mention in BOG Regulations 278 Selected Testimony Before Board of Governors on Removing ACCJC from Regulations 279 Return of CCSF Trustees to Power 282 Selected Summary Testimony Before the California Community College Board of Governors 283 November 17, 2014 People’s Motion to Amend Complaint 292 November 21, 2014 Memo from Beno to Chief Executive Officers with respect to Team members 293 December 2, 2014 People’s Case Summary 294 A. The ACCJC Engaged In Unlawful Acts And Should Be Found Liable Under The Unlawful" Prong Of The UCL 295 B. The ACCJC Engaged In Unfair Acts And Should Be Found Liable Under The "Unfair" Prong Of The UCL. 295 C. The ACCJC's Accreditation Activities Are Business Practices Within The Meaning Of Section 17200. 296 D. The ACCJC's Attempts To Shield Itself From. Judicial Review And Immunize Its Conduct From Liability Continue To Fail. 296 II. THE COURT CAN AND SHOULD VACATE THE ACCJC'S TAINTED DECISIONS 296 a. City College is Highly Successful At Educating Students 296 b. The ACCJC Exaggerates The Issues At City College. 296 3. The Relief Sought Is Not Mooted By The Restoration Policy. 297 December 2, 2014 ACCJC’s Case Summary 297 2. The ACCJC did not violate the UCL in the Composition of the ACCJC's Evaluation. Team or Show Cause Team. 298 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. 298 d) There is no evidence that the number of academics on either the Evaluation Team or Show Cause Team was "unfair." 298 b) Dr. Beno's conduct as the reader of the Show Cause Report was not unfair to CCSF 298 a) The ACCJC's use of the term "recommendation" was not unlawful or unfair. 298 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. 298 B. The Remedy Sought by the City Attorney Is Unmanageable and improper. 298 DECEMBER 10, 2014 Oral Arguments in The People vs. ACCJC 299 December 18, 2014 Summary of CFT Complaint Against ACCJC 300 Out of Compliance 301 Inconsistent Decision Making 302 Inconsistent Fiscal Standards 303 Continue to Violate Conflict of Interest Requirements 304 Hearing Panel Bias 304 Appeals Process Violated 307 Chapter 6 Sanctions on Colleges – A Picture of Inconsistent Decisions Before 2014 307 Compton College - DENIAL OF ACCREDITATION (2005) 308 College of the Sequoias – PLACED ON SHOW CAUSE (2013) 311 Diablo Valley College – PLACED ON SHOW CAUSE (2009), REMOVE SHOW CAUSE AND PLACED ON PROBATION (2010), REAFFIRMED ACCREDITATION (2011) 313 Cuesta College – PLACED ON SHOW CAUSE (2012), PLACED ON WARNING (2013) 316 College of the Redwoods - SHOW CAUSE (2012), REMOVE SHOW CAUSE IMPOSE PROBATION 317 Solano Community College – PLACED ON WARNING (2012), PLACED ON PROBATION (2013) 320 Bakersfield College – REAFFIRM ACCREDITATION (2013) 322 Merced College – REMOVE WARNING AND REAFFIRM ACCREDITATION (2013) 323 West Hills College District - ACCREDITATION REAFFIRMED (2011) 323 Los Angeles Mission College – WARNING (2013) 327 Los Angeles Pierce College – ACCREDITATION REAFFIRMED (2013) 330 San Diego Mesa College – ACCREDITATION REAFFIRMED (2011) 331 Fullerton College – REMOVE WARNING AND MOVE TO ACCREDITATION (2012) 331 College of Marin – ACCREDITATION REAFFIRMED (2013) 332 Shasta College – PLACED ON PROBATION (2012) 333 Los Angeles Southwest College – PLACED ON PROBATION (2012), REMOVED FROM PROBATION AND PLACED ON WATCH (2013) 334 Los Angeles Valley College – PLACED ON WARNING (2013) 336 Copper Mountain College – ACCREDITATION REAFFIRMED (2013) 338 Woodland Community College – PLACED ON WARNING (2013) 338 Yuba College – PLACED ON WARNING (2013) 341 Barstow Community College – CONTINUED ON WARNING (2013) 343 Victor Valley College – PLACED ON PROBATION (2012) 344 Gavilan College – ACCREDITATION REAFFIRMED (2013) 345 Ventura County Community Colleges PLACED ON PROBATION (2012), ACCREDITATION REAFFIRMED (2013) 346 Peralta Community College District Colleges – PLACED ON WARNING (2012), WARNING REMOVED AND REAFFIRMED ACCREDITION (2013) 347 Coast Community College District – PLACED ON WARNING (2013) 347 Imperial Valley College – PLACED ON WARNING (2013) 349 College of Marin – REMOVED FROM WARNING (2013) 350 Fresno City College – REMOVED FROM WARNING (2013) 350 Antelope Valley College – Midterm Report (2013) 350 El Camino College – PLACED ON WARNING (2013) 352 Hartnell College – PLACED ON PROBATION (2013) 353 West Los Angeles College – PLACED ON WARNING (2012) , ACCREDITATION REAFFIRMED (2013) 357 Los Angeles Harbor College – REMOVE PROBATION AND REAFFIRM ACCREDITATION (2013) 360 Modesto Junior College – PLACED ON PROBATION (2012) 360 The Lumina Foundation and the ACCJC 361 Conclusion 364 ACCJC Appeals Procedure Manual 368 34 Code of Federal Regulation (CFR) – Relevant Sections 373 Index 380
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