Appeals

An institution may appeal an adverse action of the Board of Trustees, prior to the action becoming final, by filing a written request to appeal and supporting documentation according to the Appeals Procedures of HLC. Adverse actions are defined as those that (1) withdraw or deny accreditation, except in denial of accreditation where the Board denies an early application for accreditation and continues candidacy status or extends it to a fifth year; or (2) withdraw or deny candidacy.  

Grounds for Appeal 

The grounds for such an appeal shall be: 

1. The Board’s decision was arbitrary, capricious, or not supported by substantial evidence in the record on which the Board took action.  
2. The procedures used to reach the decision were contrary to HLC’s policies and procedures, and the procedural error unreasonably impaired the Board’s consideration.  
3. The institution has new financial information for consideration. New financial information will only form the basis for an appeal if, as determined in the discretion of the Appeal Panel: (a) the adverse action was based solely on financial grounds; (b) the financial information was not available at the time the adverse action was made; and (c) the financial information is significant and bears materially on the financial deficiencies that formed the basis for the adverse action.  

Other than as detailed above in (3), the Appeal Panel will only consider such evidence as was provided to the Board at the time it made its decision. 

Appeals Body and Appeal Panel 

The Appeals Body will consist of 15 persons appointed by the Board of Trustees, following the Board’s commitments to diversity and public involvement. From the Appeals Body, the President will establish an Appeal Panel of five persons to hear an institutional appeal. Members of the Appeal Panel will not include current members of the Board nor members of the Board at the time the adverse action was taken. One member of the Appeal Panel will be a public member, in keeping with HLC requirements for public members on decision-making bodies. The Appeal Panel shall also include representation of individuals who are academics, including faculty members, academic deans or others who have a primary responsibility in the teaching and learning process, and administrators who have a primary responsibility of providing oversight in an institution of higher education. 

Members of the Appeal Panel will receive training prior to the appeal hearing. This will include appropriate training regarding appeal procedures and HLC requirements. 

Appeal Panel members shall have no conflict of interest that will prevent their fair and objective consideration of the appeal. Where necessary to avoid conflict of interest or in other exceptional circumstances, the President may select individuals outside the Appeals Body as Appeal Panel members. The President will designate one member of the Appeal Panel to serve as the Chair. The President shall notify the institution of the individuals selected to serve on the Appeal Panel and shall afford the institution the opportunity to present objections regarding conflict of interest. The President reserves final responsibility and authority for setting all Appeal Panels.  

Appeal Panel members will be required to keep confidential any information learned as a result of participating in an Appeal Panel. 

Appeals Procedure 

HLC shall establish appeals procedures that, among other things, identify the materials for an appeal, and set out the required timetables and procedures of an appeal. These procedures will be available on HLC website.  

Throughout the appeals process, the institution shall have the right to representation of, and participation by, legal counsel at its own expense. HLC may also be represented by legal counsel, both as process advisors and in an advocacy role. 

As further described in HLC’s appeals procedure, the Appeal Panel has the authority to make a decision to affirm, amend or remand the adverse action. If the Appeal Panel affirms or amends the Board’s determination regarding an adverse action, the Appeal Panel then conveys that decision to the Board of Trustees, which must implement the Appeal Panel’s decision regarding the status of the institution in a manner consistent with the decision. If the Appeal Panel remands the adverse action to the Board for additional consideration, it will provide an explanation of its decision to remand. Upon remand, the Board may affirm, amend or reverse its action after taking into account those issues identified by the Appeal Panel in the explanation of its remand.  

HLC will notify the institution of the result of the appeal and of the final action by the Board and the reason for that result. 

An institution may only file a single appeal related to an adverse action. 

Institutional Change During Appeal Period 

During the period in which an appeal from a decision of HLC by an institution is under consideration, the institution cannot initiate any change that would by policy require HLC approval.

Policy History

Last Revised: June 2023 
First Adopted: February 2001, February 2009, January 1983  
Revision History: October 2003, June 2006, February 2009, June 2009, February 2010, February 2011, November 2012, April 2013, February 2019, November 2019, February 2020, June 2023 
Notes: Policies combined November 2012 – 2.6(d), 2.6(d)1, 2.6(d)2, 2.6(d)3, 2.6(d)4. In February 2021, references to the Higher Learning Commission as “the Commission” were replaced with the term “HLC.”