Board of Trustees

The composition, selection, and term of the Board of Trustees are defined in the Bylaws of the Higher Learning Commission and the Board of Trustees Policies Manual. Institutional representatives on the Board of Trustees will 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.

Decision-Making Authority of the Board of Trustees

The Board of Trustees shall hold final responsibility for all accreditation actions taken by the Higher Learning Commission. The Board of Trustees shall retain its authority for deliberation and actions regarding accreditation decisions to:

1. grant or deny initial status, including candidacy and initial accreditation;
2. issue or withdraw a sanction, including Notice or Probation;
3. withdraw status, including candidacy or accreditation;
4. issue or remove a Show-Cause Order;
5. approve or deny an application for Change of Control, Structure or Organization; and
6. approve exemptions, if any, from the Assumed Practices.

All such decisions, once issued by the Board, shall become the final action, except for those decisions that are subject to appeal. Such decisions shall become the final accreditation action as outlined in HLC policy INST.E.90.010 Appeals.

The Board of Trustees may identify subcommittees or specific readers from the current membership of the Board to complete its responsibilities related to decision-making.

For all other accreditation decisions the Board authorizes the Institutional Actions Council, as constituted by policy, to conduct reviews and to take actions, provided that such structure is recognized as such by the U.S. Department of Education.

Review and Analysis of the Full Record by the Board of Trustees

The Board of Trustees shall review and analyze the full record prior to taking action. The full record shall consist of materials submitted by the institution in preparation for review; team or panel reports; reports from the Institutional Action Council, if applicable; any institutional responses from the institution; and any applicable action letters and other official letters from HLC regarding the matter. In addition, HLC may add other documents to the record that it believes provide additional relevant information.

Notice to Institutions of Board Actions

When action is taken by the Board of Trustees, the institution will be provided an action letter. The action letter shall provide information about the terms of the action, including changes to the Statement of Accreditation Status, the rationale for the action, any subsequent steps in the decision process, and any opportunities for institutional response or appeal.

Deferral of Action by the Board of Trustees

The Board of Trustees may defer action on an institutional action in the following circumstances:

1. a state agency has provided official notice of potential suspension, revocation, or termination of legal authority to provide education, or has denied or not approved an application for legal authority or another recognized accreditor has provided official notice of potential sanction, Show-Cause Order, or adverse action or official notice of pending or final adverse action; or
2. evidence relevant to the action or the institution’s compliance with the Criteria for Accreditation, Federal Compliance Requirements or other HLC policies may be required or anticipated within a specified period of time.

A decision to defer action will specify (a) the information that must be provided; (b) the means by which HLC will acquire the information, including another on-site visit or any other means identified in HLC policy; and (c) the date on which the Board of Trustees will consider the information and take action.

The Board of Trustees will not defer final action beyond the next regularly scheduled Board meeting.

Substantive Amendment or Modification to Board Actions related to Institutional Actions

The Board of Trustees may move, upon recommendation by the President of the Higher Learning Commission, to amend or modify prior actions of the Board related to an individual institution under circumstances that:

• represent errors in the application or implementation of HLC policy
• result in consequences that were not intended or anticipated by the Board at the time of its original action; and
• cause undue burden to the institution or its students as determined by the HLC Board.

Such amendment or modification shall not apply to any underlying action but rather to the manner in which certain aspects of the Board’s action impact an institution, which could not be anticipated based on information available at the time of original action.

If undertaken by the Board, any such amendment or modification will be made no later than 12 months after the Board’s original action related to the subject institution.

Process for Amending or Modifying Prior Board Action

An amendment or modification may not be proposed to the Board by institutions. Such amendment or modification may only be recommended to the HLC Board by the HLC President.

The Higher Learning Commission, through its President, must provide an institution advance notice and opportunity to respond in writing to any proposed substantive amendment or modification to a prior Board action related to that institution. Such advance notice shall specifically set forth the substance of the proposed amendment or modification.

The institution shall have a minimum of 14 days to respond. An institutional response may demonstrate how the original action meets the three requirements for amendment or modification identified earlier in this policy. Alternatively, an institution has the right to decline to have any aspect of the prior Board action amended or modified, but must articulate reasons for its objections and desire to preserve the status quo.

The Board may act to:

• approve the amendment or modification as proposed
• defer action for a reasonable period pending additional information
• decline to approve the amendment or modification proposed

Board action may occur during regular Board meetings or through alternative means.

If an amendment or modification to the original action is made, the Board of Trustees will set forth in its action letter the reasons for its amendment or modification and will reissue its original action as amended or modified.

All actions taken under this policy are effective as of the date taken unless otherwise specified by the HLC Board.

Any amendment or modification to prior Board action is a final action not subject to appeal. No amendment or modification to a prior Board action related to institutions renders the underlying action subject to appeal, unless such action was originally subject to appeal under established HLC policy.

Policy History

Last Revised: November 2022
First Adopted: June 2011
Revision History: February 2012, April 2013, February 2019, November 2019, November 2020, June 2021, February 2022, November 2022
Notes: Policies combined November 2012 – 2.2(d)1.1, 2.2(d)1.1a, 2.2(d)1.1b. In February 2021, references to the Higher Learning Commission as “the Commission” were replaced with the term “HLC.”