Number: INST.D.20.020

Review and Analysis of the Full Record by the Institutional Actions Council

The Institutional Actions Council (IAC) shall review and analyze the full record prior to taking action or making a recommendation. The full record shall consist of materials submitted by the institution in preparation for review; team or panel reports; 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.

Institutional Actions Council Processes

The IAC will conduct its work through committees, known as Institutional Actions Council Meeting Committees and Institutional Actions Council Hearing Committees. The IAC only conducts decision-making activity through these committees, not as a full body.

All IAC committees shall consist of at least three (3) members drawn from the current Institutional Actions Council. In rare cases other Peer Reviewers with recent IAC experience may be included on a committee. All committees shall include at least one public member for every seven (7) committee members. A member of the committee shall be assigned to act as chair; another member shall be assigned to act as recorder.

Each committee shall review the full written record of the evaluation, as defined in this policy section, and the rationale related to any recommendation.

The committee may make findings of fact related to any matter under consideration and may substitute its judgment for that of any evaluation team or panel, based on the same evidence or different evidence, where there is a reasonable evidentiary basis for such substitution. The rationale for a committee’s findings that differ from the findings of a previous evaluation team or panel shall be explained in the committee record.

When the committee’s review results in a final action, its record shall be the basis for the HLC President’s action letter. When the committee’s review results in a recommendation to the Board, its record shall be forwarded to the Board and the institution. All decisions of a committee, whether they result in actions or recommendations, are made by majority vote.

Institutional Actions Council Meeting Committee. An Institutional Actions Council Meeting Committee is generally used for:

1. Reviewing matters for which the IAC is authorized to take action, as described below; and
2. Considering removal of Notice as recommended by the evaluation team.

The Institutional Actions Council Meeting Committee shall conduct its business by any means that allows for synchronous or asynchronous communication among committee members. No representatives of the institution or of the evaluation process shall participate in Institutional Actions Council Meeting Committees.

The decisions of the Institutional Actions Council Meeting Committee shall become final actions unless the Institutional Actions Council is considering removal of Notice. In this instance (i) if the Institutional Actions Council Meeting Committee recommends removal of Notice and does not recommend another sanction, a Show-Cause Order or withdrawal, the recommendation will be forwarded to the Board of Trustees for action or (ii) if the Institutional Actions Council Meeting Committee recommends that the Notice period be extended or recommends another sanction, a Show-Cause Order or withdrawal, the matter will be referred to an Institutional Actions Council Hearing Committee.

Institutional Actions Council Hearing Committee. An Institutional Actions Council Hearing Committee is generally used for reviewing matters for which the IAC is authorized to make a recommendation to the Board of Trustees for action, other than regarding removal of Notice as detailed above.

An Institutional Actions Council Hearing Committee shall generally conduct its business in person, but may also use any means that allows for synchronous communication among committee members and institutional representatives, as needed. Representatives of the institution and of the evaluation process shall participate in the hearing as appropriate.

The decisions of the Institutional Actions Council Hearing Committee shall be forwarded to the Board of Trustees, as detailed above.

HLC may, in its discretion, determine when to use Institutional Actions Council Meeting Committees and Institutional Actions Council Hearing Committees, as appropriate under the circumstances, provided that the Institutional Actions Council does not exceed its decision-making authority as granted by the Board of Trustees, HLC policy, and the structure recognized by the U.S. Department of Education.

Notice to Institution of Action or Recommendations by the Institutional Actions Council

When action is taken by the Institutional Actions Council, 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. When the action substantially differs from the recommendation arising out of the evaluation process, the action letter will provide the rationale for the action, any subsequent steps in the decision process, and any opportunities for institutional response.

When the Institutional Actions Council makes a recommendation to the Board of Trustees, the institution will be provided an Institutional Actions Council Hearing Committee report. The report shall provide information about the recommendation, the rationale for the recommendation, any subsequent steps in the decision process, and any opportunities for institutional response.

Deferral of Action by the Institutional Actions Council

The Institutional Actions Council 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 Institutional Actions Council will consider the information and take action.

The Institutional Actions Council will not defer action beyond the next regularly scheduled Institutional Actions Council Meeting.

Policy History

Last Revised: June 2022
First Adopted: June 2011, November 1998
Revision History: June 2012, November 2012, November 2019, June 2020, February 2022, June 2022
Notes: Policies combined November 2012 -2.2(d)2, 2.2(d)2.1, 2.2(d)2.1a, 2.2(d)2.2, 2.2(d)2.2a, 2.2(d)2.2b, 2.2(d)2.2b.1, 2.2(d)2.2b.2, 2.2(d)2.3, 2.2(g). In February 2021, references to the Higher Learning Commission as “the Commission” were replaced with the term “HLC.” Policy renumbered in June 2023 (former policy number INST.D.40.010).