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APPENDIX D

APPEAL PROCEDURES

Appeal of Decision of the Board of Trustees

A school may appeal a decision by the Board of Trustees to deny accreditation or to drop accreditation on the grounds that such decision is arbitrary, capricious, or otherwise in substantial disregard of the criteria or procedures of the Commission; or that such decision is not supported by substantial evidence in the record upon which the Board of Trustees took action. An accredited school remains accredited until the final disposition of the appeal. A school wishing to appeal shall do so in accordance with the procedures set forth below:

  1. The school shall file intent to appeal the Board of Trustees' decision within ten (10) days of receipt of the Board of Trustees' decision.

  2. The school's written grounds for appeal shall be submitted within thirty (30) days of receipt of the decision. The school's written grounds shall set forth the basis for its appeal. Only evidence previously submitted to the Commission may be included in the submission to the Appeals Panel. New evidence will not be considered by the Appeals Panel.

  3. The Appeals Panel will meet within sixty (60) days of receipt of the school's intent to appeal. The school has the option of sending representatives to the hearing, including the school's legal counsel. The school must provide notice of whom it intends to send to the hearing at the time it submits its grounds for appeal. The school may request that the appeal hearing be transcribed. No audio-taping or video-taping of the appeal is permitted. The Executive Director shall make any transcription or other arrangements for the hearing.

  4. All expenses of the appeal, including expenses of the panelists, are to be borne fully by the school. The panelists shall not be paid honoraria for their services on the Panel.

  5. A Panel of three impartial educators shall be selected by the Executive Director, and confirmed by the Chair of the Board of Trustees, to hear the school's appeal. The Panel shall be selected from a standing appeals body composed of ten members who shall be appointed by the Board of Trustees for a term of three (3) years. The Board of Trustees shall appoint to the standing appeals body respected educators who are knowledgeable about CASI requirements and who do not hold any other appointed or elected position with CASI at either the state or regional level. At least one member of the standing appeals body shall be a public member with an interest in education and knowledge of issues pertaining to CASI accredited schools but who has no affiliation to any CASI accredited school. If the school has good cause to believe that any member of the standing appeals body should not hear the school's appeal, it shall notify the Executive Director in writing of the basis for its objection at the time it submits its grounds for appeal. Objections to the composition of the Panel shall be heard and ruled upon by the Chair of the Board in consultation with the Executive Director.

  6. The Appeals Panel can either uphold the decision of the Board of Trustees or remand the decision to the Board of Trustees for reconsideration. If the Appeals Panel upholds the decision of the Board of Trustees, the action of the Board of Trustees is final. When the decision to deny or drop accreditation is final, the school is removed from CASI's list of accredited schools. The school and all the appropriate state and federal authorities will be simultaneously notified by CASI of the school's removal from the accredited list within 30 days of the decision. The Appeals Panel will determine its decision by majority vote.

  7. If the Appeals Panel remands the decision to the Board of Trustees for further consideration and the Board adheres to its original decision, the matter shall be considered final when acted upon by the Board, unless the decision of the Board of Trustees is based upon grounds that have not been reviewed by the Appeals Panel. In its discretion, the Board of Trustees may refer the matter to the State/Intra-regional Committee that made the original recommendation on the school's accredited status for further consideration
    .

Procedures Regarding Complaints By and About Schools

The following procedures shall apply in instances of complaints concerning violations of NCA CASI policies, Standard, or criteria.

The following procedures shall apply in instances of complaints concerning violations of NCA CASI policies, Standard, or criteria.

  1. Complaint must contain an original signature (except as noted in 3 below) and be submitted in writing. All complaints must include the following information before the Commission will consider any action:
    1. The name, address, phone number, and other pertinent contact information of the complainant.
    2. Citation of the standard, policy, or criterion/criteria violated.
    3. A description of the circumstances or events and any relevant documentation that support the complaint.
    4. A statement of relationship with the individual involved, if the complainant is not the aggrieved individual.
    5. The name, address, and other contact information for the individual at the school that has been contacted by the complainant to resolve the problem or situation.
    6. Permission for representatives of the Commission to access any records concerning the complainant if such records are not available to the public.
  1. The Commission shall investigate complaints that identify potential violations, as determined by the Commission, of NCA CASI policies, Standard, or criteria.
  2. Any complaint that identifies potential child abuse, sexual harassment, or discrimination on the part of a student or staff member, shall be forwarded immediately to the appropriate agency authorized to investigate such complaints. Unsigned complaints concerning potential child abuse, sexual harassment, or discrimination will be forwarded to the principal and the superintendent or other similar official in the school's organization. Findings by the appropriate agency may result in action by NCA CASI if the findings are available to the Commission.
  3. The Commission does not adjudicate with a school or a person, isolated and individual grievances. Complaints of that nature, documented and signed by the person initiating the complaint, will be forwarded to the school. The school shall respond to the complaint within 30 days. A copy of the complaint and the school's response to it will be retained in the files of the appropriate office of the Commission.
  4. If several individual complaints against a school suggest a particular violation or pattern of violations which might affect the school's ability to meet the Commission's policy, Standard, or criteria, the Commission may authorize further investigation. Records of complaints of an individual nature which have received an acceptable school response will be kept on file in the Commission Office but will not be shared with peer review teams scheduled to review the school unless the Commission believes further monitoring of the situation is needed. Where the Commission authorizes further investigation, the investigation shall occur within 60 working days of such authorization.
  5. If the Commission believes that a school's response to a complaint does not address the complaint or if a school fails to address the complaint in a timely manner, the information about the complaint will be shared with the peer review team scheduled for the next review of the school or with representatives of the Commission being sent to the school to conduct a special inquiry. The results of these reviews and inquiries shall be examined by the Central Review Committee at the time of accreditation review.
  6. Unless supported by documents available to the public, all complaints, to be considered valid, must present first-hand knowledge of the substance of the complaint.
  7. Complaints concerning individual students will only be investigated or sent to the school if the complaint is made or authorized by a student of majority age or by an individual that has the legal authority and right to represent the student.
  8. The findings from an investigation of a complaint may result in citations, warnings, or removal of accreditation for a school. However, NCA CASI does not have civil authority to impose any order of settlement on a school or its representatives. Complainants seeking a settlement, payment, or compensation should pursue their concern through the channels offered by a State Department of Education or other legal authority in the state.

Procedures Regarding the Content of Peer Review Reports

Complaints about the content of a report of a peer review team may be submitted in writing to the appropriate Commission office and the complaint may, at the discretion of the Commission, be distributed with copies of the peer review report as long as the complaint is clearly identified as a separate document and as long as the author of the complaint is identified.
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