Council on Education for Public Health. Guidelines for Implementing the Appeal Procedure

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1 Guidelines for Implementing the Appeal Procedure A formal appeal is possible in the event that the Council on Education for Public Health places a school or program on probation or takes adverse action; adverse actions are a decision to deny preaccreditation or accreditation or a decision to revoke preaccreditation or accreditation. The requirements for the appeal procedure are specified in Accreditation Procedures for Graduate Schools of Public Health and Public Health Programs Outside Schools of Public Health. These guidelines provide additional instruction for implementing the appeal procedure. Initiating the appeal When probation or an adverse action is communicated to a school or program, the letter of transmittal advises that this is an appealable decision and puts the school or program on notice that it has 30 days in which to advise the Council in writing that it intends to exercise the right to appeal. Such notice is mailed receipt requested and the timeline for responding begins on the date the letter of transmittal is received by the school or program. If the school or program fails to file a written appeal within 30 days, the probation or adverse action becomes final and public. If the school or program initiates the appeal within the prescribed 30 days, there is no change in accreditation status, pending disposition of the appeal and the action is not made public. Upon receipt of the written notice of the decision to appeal, CEPH staff sends a written request to the American Public Health Association, the Association of Schools of Public Health, and the appropriate regional accrediting commission, seeking the appointment of an appeal panel member from each. Upon written response from these three organizations regarding their respective appointees to the appeal panel, CEPH staff initiates actions to begin the appeal. These include: 1. The Council solicits a curriculum vitae from each panel member. 2. The Council sends a letter to each panel member, with copies of all curriculum vitae, advising the panel of the appeal procedure guidelines and arranging a telephone conference call, at which time the panel can elect a chair and set the time and place for the hearing. 3. The Council sends a written notice to the school or program officials advising them of appeal panel appointments with copies of curriculum vitae inviting the identification of any conflicts of interest advising the school or program of the appeal procedure guidelines inquiring about school or program intent to be represented at the hearing, and by whom inquiring about school or program s representation by counsel, if any transmitting invoice for partial payment of anticipated costs associated with appeal seeking return confirmation within 10 work days acknowledging the arrangements

2 Guidelines for Implementing the Appeal Procedure Page 2 Conducting the appeal The appeal is conducted as an administrative hearing rather than a legal proceeding. The appeal panel sets its own rules of conduct, so long as these are consistent with the CEPH procedures manual and with these implementation guidelines. In general, the following operating guidelines apply: 1. The panel elects one of its members to serve as chair. 2. The chair, in consultation with the panel, establishes the date of the hearing, which is to take place within 60 days of appointment of the panel. If the date selected by the chair precludes participation by the school or program representatives, the school or program may ask to have the hearing rescheduled but in doing so waives the requirement that the hearing be conducted within 60 days. 3. The chair, in consultation with the panel, establishes the location for the hearing. It is not necessary to conduct the hearing on the campus of the appellant school or program or in the offices of CEPH, although both of these are options the chair may consider. 4. The panel considers written documentation so long as it is submitted to the panel at least 10 work days in advance of the hearing. In this regard: the program may submit a written position statement and pertinent documents, so long as the information relates only to the issues identified in the program s letter of appeal and to conditions existing at the time of the probation or adverse decision, and must share this information with the Council at least 10 work days before the hearing. the Council may submit a written position statement and pertinent documents in response to the letter of appeal, and must share this information with the school or program officials at least 10 work days before the hearing. 5. The Council makes all rules and regulations pertaining to the accreditation review process and all files regarding the appellant school or program available to the hearing panel, on request. These include, as a minimum (USDE) Secretary s Procedures and Criteria for the Recognition of Accrediting Agencies CEPH Procedures Manual, applicable at the time of the review CEPH Criteria for Accreditation, applicable at the time of the review relevant self-study document of the school or program relevant accreditation reports relevant written communications to and from the appellant regarding the review excerpts from minutes of CEPH meetings 6. The hearing is conducted as an open session unless the program requests in writing at least 10 work days in advance of the hearing that it be closed. Sessions in which the

3 Guidelines for Implementing the Appeal Procedure Page 3 appeal panel meets to organize its work or to deliberate about the decision and findings are conducted in executive session. 7. The chair of the panel serves as the presiding officer. The chair makes all decisions about whether documents and other evidence are admissible and has full discretion to decide whether evidence is relevant to the proceeding. 8. The appeal panel sets its own agenda, but generally it is expected that the hearing and deliberations are conducted in one, full-day session at the beginning of the hearing, the chair will explain the manner in which the hearing will be conducted, including the rights of the school or program and the rights of the Council the school or program has up to 60 minutes to verbally present its position. (If it chooses to do so, it may be represented by legal counsel. If the school or program is not represented at the hearing by program officials or legal counsel, the panel relies exclusively on written documentation.) the Council has up to 60 minutes to verbally present its position. (CEPH will be represented by at least two members, including the chair of the site visit team that evaluated the school or program. The Council, if it chooses to do so, may be represented by legal counsel.) the appeal panel takes up to 60 minutes to ask direct questions and hear responses of the school and program representatives and of the CEPH representatives the panel convenes in executive session to conduct its deliberations and arrive at a decision 9. In reaching a decision, the panel restricts its deliberations to matters concerning the basis of the appeal, as identified in the school or program s letter of appeal, and limits its consideration to evidence related to conditions existing at the time of the decision which is being appealed. 10. The panel determines the reasonableness of the probation or adverse decision based on the evidence available at the time of the decision and whether the action of the accrediting body was in accordance with established procedures; the panel does not substitute its own decision for that of the Council. 11. The standard the panel shall use for conducting the review may be summarized as follows: The panel cannot or should not second-guess the decision of the CEPH simply because it disagrees with it, if such were the case. CEPH is the recognized accrediting body for public health programs and schools, and as such has the need and authority to exercise its judgment and discretion in determining whether a program or school sufficiently meets the criteria for accreditation. It would clearly be inappropriate for a panel to merely substitute its judgment for that of CEPH. The panel is an appeals panel, not an accrediting agency. The role of the panel is to determine if CEPH abused its discretion, acted in an arbitrary or capricious manner, or failed to follow its own policies and procedures in coming to its decision. It should also be made clear that the program or school appealing from CEPH s decision has the burden of demonstrating that CEPH

4 Guidelines for Implementing the Appeal Procedure Page 4 abused its discretion in making a decision affecting the program or school. Therefore, in order to prevail in its appeal, the appealing program or school must establish that CEPH s decision was arbitrary and capricious because it could not be based on a fair reading of the evidence before it. An appeal is a review of CEPH s actions, not a review of the appellant s program or school. 12. The panel, on a majority vote, either affirms the decision being appealed or directs the Council to reconsider its original decision in view of the findings of the panel. The hearing panel generally concludes its deliberations and arrives at a decision the day of the hearing. If it cannot do so or prefers not to do so, it may continue its deliberations to a later time and place at the discretion of the chair. If it delays the decision, it should advise CEPH staff who will notify affected parties. 13. The panel chair advises the CEPH president in writing of the panel s decision regarding the adverse action, including specific findings, so that the president may subsequently notify the school dean or program director, the chief executive officer and the chief administrative officer of the appropriate university component. Supporting the appeal CEPH staff facilitates the work of the appeal panel by carrying out the following responsibilities: 1. Staff sends meeting notices to appropriate parties. 2. Staff arranges telephone conference calls of the panel, as requested. 3. Staff prepares for the panel a briefing memorandum on the history of the case. 4. Staff assures that the panel has all appropriate files pertaining to the appeal, as requested. 5. Staff makes meeting arrangements for the hearing (after chair determines date and site). 6. Staff receives expense statements and pays invoices for travel and living expenses of individuals who participate in hearing. 7. Staff monitors and documents costs associated with the appeal. These may include but are not limited to travel and living expenses of panel members and CEPH representatives to attend the hearing, meeting facility arrangements, duplication and mailing costs, telephone and communication expenses, secretarial expenses which may be incurred for the panel, and professional and clerical time of CEPH staff (professional time to be calculated at the current rate charged by CEPH for consultation and clerical time to be calculated on an hourly wage basis). 8. Staff, at the beginning of the appeal, invoices the school or program for a portion of expected costs. 9. Staff, at the conclusion of the appeal, invoices the school or program for remaining costs, along with a detailed accounting of the expenses.

5 Guidelines for Implementing the Appeal Procedure Page 5 The CEPH president, at the conclusion of the appeal 1. advises the school or program and appropriate university officials in writing of the decision of the panel, transmitting the panel s specific findings. 2. advises (in the event the panel affirms the adverse decision) appropriate agencies such as USDE and the regional accrediting commission of the final action. 3. schedules action (in the event the panel reverses the adverse decision) on the agenda of the next CEPH meeting to determine the appropriate term of accreditation and interim report requests, consistent with federal requirements and with CEPH guidelines for making decisions. Terminating the appeal The appellant may terminate the appeal in writing at any time up until the time the decision of the appeal panel is rendered. In doing so, however, the following guidelines apply: 1. The appellant school or program continues to be responsible for all costs, including those necessary to terminate the process. 2. The appellant school or program foregoes all right to reassert the appeal at a later date. The probation or adverse action of the Council becomes final upon receipt of a written request to withdraw the appeal. Council on Education for Public Health Adopted: May 28, 1998 Revised: October 11, 2001

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