Sanctions, Show-Cause Orders and Adverse Actions
Under certain circumstances, HLC may determine that a member institution is out of compliance, or at risk of being out of compliance, with HLC requirements. In such cases, the institution may be placed on a sanction of Notice or Probation, or issued a Show-Cause Order, as applicable under HLC policy. The institution is then required to undergo an additional evaluation to demonstrate that it has addressed the identified concern and is in compliance with HLC requirements. The institution remains accredited while it is on sanction or under a Show-Cause Order.
If an institution is found to be out of compliance with HLC requirements, HLC may also deny or withdraw the institution’s candidacy or accreditation. An institution’s accreditation may be withdrawn without first placing the institution on sanction. Such denial or withdrawal is an adverse action and is subject to appeal by the institution.
Institutions are obligated to promptly disclose any sanctions, Show-Cause orders and adverse actions to the public. Once the institution has been notified of one of the above actions, the institution’s Statement of Accreditation Status in HLC’s Directory of Institutions and, if applicable, the Mark of Accreditation Status on the institution’s website are updated to reflect the change in status. HLC will also issue a Public Disclosure Notice. See Required Notifications Following Adverse Actions, Sanctions and Related Actions for additional information.
HLC’s Board of Trustees has sole decision-making authority whether to impose or remove a sanction, issue or remove a Show-Cause Order, or take an adverse action subject to appeal.
Note: See HLC’s Dues and Fees Schedule for costs associated with sanctions, Show-Cause Orders and adverse actions.
Sanctions
An institution may be placed on a sanction, either Notice or Probation, when HLC determines the institution does not meet, or is at risk of not meeting, HLC requirements. The institution may be placed on Notice or Probation. Institutions on sanction maintain their accredited status during the period on sanction. The imposition of a sanction is a final action and not subject to appeal.
Notice
An institution is placed on Notice when it is at risk of not meeting the Criteria for Accreditation. All institutions on Notice are placed on the Standard Pathway for the remainder of that accreditation cycle.
An institution is placed on Notice for no more than two years. In that time, the institution submits a Notice report providing evidence it is no longer at risk of failing to meet the Criteria for Accreditation. The institution may be required to host a Notice Visit to demonstrate that the areas of concern have been improved.
If the institution is no longer at risk of failing to meet the Criteria for Accreditation, the HLC Board of Trustees may remove the institution from Notice. If the institution is still at risk, or if the institution is no longer meeting the Criteria for Accreditation, another action may be taken in accordance with HLC policies, including extending Notice, placing the institution on Probation, issuing a Show-Cause Order or withdrawing accreditation.
Probation
An institution may be placed on Probation when it no longer meets one or more HLC requirements. An institution on Probation is removed from its Pathway for Reaffirmation of Accreditation.
The initial period for Probation is up to two years. Institutions on Probation undergo a comprehensive evaluation for Probation, which requires an Assurance Filing, Federal Compliance Filing and on-site visit, to provide evidence that the areas of concern have been ameliorated and to demonstrate that the institution is otherwise in compliance with HLC requirements.
If the institution has addressed the areas of concern and meets all HLC requirements, the HLC Board of Trustees may remove it from Probation. Following removal of Probation, the institution will be placed on the Standard Pathway. The institution will have a comprehensive evaluation to reaffirm accreditation no longer than four years after the removal of Probation, although the Board may set the reaffirmation date earlier.
If the institution still does not meet all of the HLC requirements, the Board may take another action, including extending Probation, issuing a Show-Cause Order or withdrawing accreditation.
Show-Cause Order
An institution is issued a Show-Cause Order when it is not meeting HLC requirements to such an extent that HLC requires the institution to demonstrate why its accreditation should not be withdrawn. The issuance of a Show-Cause Order is a final action and not subject to appeal. An institution issued a Show-Cause Order is removed from its Pathway for Reaffirmation of Accreditation.
An institution issued a Show-Cause Order has no more than one year to demonstrate that it should maintain its accreditation. The institution submits a Show-Cause Report and hosts a comprehensive evaluation for Show-Cause to demonstrate that it meets all HLC requirements.
Prior to the HLC Board of Trustees taking action on the comprehensive evaluation for Show-Cause, HLC will make a Board Committee Hearing available to the institution.
If the Board determines the institution should maintain its accreditation, the Board may remove the institution from Show-Cause. An institution removed from Show-Cause may be subject to sanctions or monitoring. If the institution has not demonstrated that it should maintain its accreditation, HLC may act to withdraw accreditation.
Adverse Actions
Adverse actions are actions that:
- Withdraw accreditation.
- Deny accreditation to an institution seeking HLC accreditation, unless the Board denies an early application for accreditation and continues candidacy.
- Withdraw or deny candidacy.
Prior to the HLC Board of Trustees taking an adverse action, HLC will make a Board Committee Hearing available to the institution. Adverse actions are subject to appeal by the institution.
Withdrawal or Denial of Accreditation
An institution’s accreditation may be withdrawn if it does not meet one or more HLC requirements. Accreditation may also be withdrawn from an institution if it no longer operates as an educational institution or if its legal authorization to operate and grant degrees is terminated. The HLC Board of Trustees may withdraw accreditation without first placing an institution on sanction or issuing a Show-Cause Order.
When the Board acts to withdraw an institution’s accreditation, the institution remains accredited until the effective date of withdrawal. This date will not be before the conclusion of the current academic term inclusive of the institution’s issuance of degrees immediately following such term. The Board may also consider an effective date that takes into account a reasonable period for the institution to conduct a teach out in accordance with other relevant HLC policies and procedures.
An institution seeking accreditation with HLC may be denied accreditation if it is unable to meet one or more of the Criteria for Accreditation, Federal Compliance requirements, Assumed Practices, or Eligibility Requirements, or if it fails to meet the Obligations of Membership at any time during its candidacy period, if applicable.
Withdrawal or Denial of Candidacy
An institution may be denied candidacy, or its candidacy may be withdrawn, if it fails to meet one or more of the Eligibility Requirements, the Assumed Practices or Federal Compliance requirements, or the institution has not provided sufficient evidence that the Criteria for Accreditation can be met within the candidacy period.
Appeals of Adverse Actions
Per HLC policy, institutions may have the opportunity to appeal an adverse action by the Board. The grounds for an appeal are:
- The Board’s decision was arbitrary, capricious, or not supported by substantial evidence in the record on which the Board took action.
- 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.
- 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: (i) the adverse action was based solely on financial grounds; (ii) the financial information was not available at the time the adverse action was made; and (iii) the financial information is significant and bears materially on the financial deficiencies that formed the basis for the adverse action.
