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 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:
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ACCJC Is subject to California common law Fair Procedure.
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ACCJC failed to make findings to support or justify disaccrediting CCSF. The ACCJC listed what it considered shortcomings without proof for the allegations.
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The ACCJC did not consider that CCSF's education quality exceeds minimum standards - a goal of the accreditation process itself.
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The wrongfulness of the 2012 Show Cause Order and its consequences in 2013
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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.
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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.
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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.
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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:
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ACCJC unlawfully shifted the burden of proof to CCSF in 2012, thereby prejudicing the 2012 and 2013 Reviews
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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.
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ACCJC applied standards which did not measure the quality of education, and violated State and Federal Law
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The Commission afforded CCSF no Due Process Hearing.
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ACCJC's Show Cause evaluation and disaccreditation decision was unfair and unlawful.
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The 2013 Evaluation Team was invalid and thus its findings should be considered void.
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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.
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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:
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sanctioned CCSF for free speech of students and trustees.
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relied on irrelevant financial data and ignored CCSF's balanced budget and reserves that met state standards.
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retaliated against CCSF in revoking its accreditation.
In short, the issuance of disaccreditation was unlawful and unfair and should be overturned by the court.
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