Probation

Probation is a public sanction that attaches to an institution’s accreditation status. The sanction of Probation indicates that an accredited institution is no longer in compliance with one or more Criteria for Accreditation and/or is not in compliance with other HLC requirements, which may include the Assumed Practices or the Federal Compliance Requirements, such that Probation is warranted. Probation will be supported by a finding that an institution does not meet one or more Criteria for Accreditation or that the institution does not meet other HLC requirements, such that Probation is warranted as a period for the institution to remediate the areas of noncompliance.

The institution remains accredited while it is on Probation. An action to impose Probation is a final action and is not subject to appeal.

Process for Imposing Probation

Only the Board of Trustees shall take action to place an institution on Probation.

A recommendation from a team of HLC peer reviewers to place an institution on Probation, other than one arising from an advisory visit process, will automatically be referred to an Institutional Actions Council Hearing Committee. The Board will consider both the team recommendation and the Institutional Actions Council Hearing Committee recommendations in its deliberations.

The HLC president makes a recommendation for Probation resulting from an advisory visit process directly to the Board.

In all cases, the Board will act on a recommendation for Probation only if the institution has been given at least 14 days to submit a written response to the recommendation.

The Board is not required to have placed an institution on Notice prior to the imposition of Probation nor is the Board required to provide a period of Probation prior to issuing a Show-Cause Order or withdrawing accreditation. In making the judgment about whether to provide a period of Probation or an extension of Probation, the Board will weigh the capacity of the institution to resolve the areas of noncompliance while on Probation, any harm that might result to students and the public from allowing the institution time to resolve areas of noncompliance while remaining accredited, and other factors.

Length of Probation

The initial Probation period shall not exceed two years, commencing on the date of the Board’s action placing the institution on Probation and concluding with the Board’s determination that Probation should be removed or other action taken.

The initial Probation period shall typically be for two years. The initial period for Probation may be one year instead of two years if the Board so determines at its discretion.

An institution that receives Probation for less than two years is not entitled to the remainder of the two years if, at the end of Probation, separate from the good cause extension detailed below, it has not been able to demonstrate compliance with the Criteria for Accreditation and any cited HLC requirements.

Review Process While on Probation

In placing an institution on Probation, the Board of Trustees will notify the institution of the specific areas of noncompliance that led to Probation and the next steps as part of Probation.

The Board’s action will require that an institution initially placed on Probation:

1. Submit in a timeframe defined by the Board a Provisional Plan comporting with HLC’s Teach-Out Requirements as articulated in applicable policies.
2. Submit an Assurance Filing that provides evidence that the institution has ameliorated the areas of noncompliance and that it is otherwise in compliance with all the Criteria for Accreditation, the Federal Compliance Requirements and any applicable Assumed Practices specifically cited in the Board’s action.
3. Host an on-site evaluation team to validate the report.

The comprehensive evaluation for Probation generally will be conducted in accordance with established HLC procedures for comprehensive evaluations.

The HLC president shall determine whether the institutional liaison or other HLC staff member will accompany the team conducting a comprehensive evaluation visit for Probation.

HLC shall retain discretion to determine the length of the comprehensive evaluation visit for Probation or to require that team members conduct additional on-site visits to the institution’s facilities to examine specific issues.

The team shall recommend whether to remove Probation, specifying any routine monitoring that should be attached to the removal; whether to recommend Notice, if the institution is at risk of noncompliance; or, in the event of ongoing noncompliance, whether to extend Probation, issue a Show-Cause Order or withdraw accreditation.

An institution shall have the opportunity to provide a written response to the written report of a comprehensive evaluation for Probation following HLC policies for the provision of institutional responses. An institution shall have at least 14 days to prepare and submit an institutional response to the team report prior to review and action through HLC’s decision-making processes.

Process for Removal of Probation; Including Extension of Probation

Only the Board shall take action to remove Probation.

At the end of an initial Probation period, the Board will review the recommendations of the team and of the Institutional Actions Council Hearing Committee, as well as any responses filed by the institution.

If the Board finds that the institution is no longer out of compliance with HLC requirements, the Board will remove Probation and either reaffirm accreditation or, if the institution is at risk of being out of compliance with HLC requirements, impose Notice.

If the Board finds that the institution continues to be out of compliance with the Criteria for Accreditation or other HLC requirements, regardless of whether the areas of noncompliance are the same or different from those originally identified, the Board may issue a Show-Cause Order, withdraw accreditation or extend Probation, as detailed below.

Regardless of the initial period of Probation, under rare circumstances an institution may be eligible for one extension to its initial period of Probation as explained below and subject to the maximum timeframe for noncompliance articulated in INST.E.60.010 Denial or Withdrawal of Status.

The Board may grant one extension of Probation at the end of the initial period of Probation if the institution is not able to demonstrate to the Board’s satisfaction that it has ameliorated the areas of noncompliance that led to the sanction or is otherwise in compliance with HLC requirements,but is able to demonstrate all of the following to show that it is eligible for the extension:

1. Clear evidence of substantial progress towards meeting the Criteria for Accreditation (or Federal Compliance Requirements or cited Assumed Practices as applicable), including evidence of substantial implementation of necessary improvements, in the majority of areas in which the institution has been previously found to be noncompliant;
2. Verifiable plans to cure the remaining areas of noncompliance or any other areas of noncompliance identified in the action granting the extension by the end of the extension period;
3. Sufficient capacity and resources in place to cure the identified areas of noncompliance during the extension; and
4. Likelihood that the institution will be able to demonstrate compliance with all the Criteria for Accreditation and any cited HLC requirements by the end of the extension.

The extension shall be for one year beyond the initial period of Probation and subject to the maximum timeframe for noncompliance articulated in INST.E.60.010 Denial or Withdrawal of Status.

The institution shall submit a report and host a focused visit during the one-year extension of Probation to determine whether HLC requirements are met such that Probation may be removed or whether a Show-Cause Order shall be issued or accreditation shall be withdrawn.

The team shall recommend whether to remove Probation, specifying any routine monitoring that should be attached to the removal; whether to recommend Notice, if the institution is at risk of noncompliance; or, in the event the institution is out of compliance, whether to issue a Show-Cause Order or withdraw accreditation.

The Board will review the recommendation of the team, as well as any response filed by the institution.

At the time that the Board reviews the extension of Probation, the Board has the same options for action it had at the end of the initial Probation period, except that no further extension of Probation shall be available, and subject to the maximum timeframe for noncompliance articulated in INST.E.60.010 Denial or Withdrawal of Status.

Pathways Assignment and Reaffirmation

An institution placed on Probation is also removed from any reaffirmation Pathway until it is removed from Probation.

If the Board removes the institution from Probation, including following any extension, and does not withdraw accreditation or issue a Show-Cause Order, the Board shall reaffirm the institution’s accreditation and assign it to the Standard Pathway. The institution will have a comprehensive evaluation to reaffirm accreditation no later than four years after the Board acts to remove Probation. The institution will remain on the Standard Pathway until it completes the full 10-year cycle. If at that time accreditation is reaffirmed without further sanction, it may be recommended as eligible to choose the Open Pathway if otherwise eligible.

Substantive Change While on Probation

An institution on Probation may file one or more applications for substantive change. The institution must address in its application why the change is immediately necessary while on Probation and how the institution will manage the change while continuing to work to remedy the areas of noncompliance.

Any application may be denied or deferred by staff or by the Institutional Actions Council Committee until after the Board has removed Probation for any reason as provided in HLC policy, including if the institution has not demonstrated why the change is immediately necessary while on Probation and how the institution will manage the change while continuing to work to remedy the areas of noncompliance.

An approval of a substantive change for an institution on Probation is not indicative of a determination by HLC that an institution has corrected identified areas of noncompliance related to Probation.

Under federal regulations, additional requirements for seeking prior approval for certain substantive changes apply specifically to institutions placed on Probation after July 1, 2020, as well as for three academic years following removal of such Probation. Such additional requirements may be found in HLC’s policies on substantive change (see INST.G.10.010 Substantive Change).

An institution on Probation is not eligible for the Notification Program for Additional Locations and shall be removed from that program by staff after being placed on Probation and for a period of three years thereafter. Additional information may be found in HLC’s policies on substantive change (see INST.G.10.020 Review of Substantive Change).

Public Disclosure of Probation Actions

A Public Disclosure Notice for an institution on Probation will be available on HLC’s website shortly after, but not more than one business day after, HLC notifies the institution of the action imposing Probation. An institution on Probation must notify its Board members, administrators, faculty, staff, students, prospective students, and any other constituencies about the action in a timely manner not more than seven business days after receiving the action letter from HLC; the notification must include information on how to contact HLC for further information; the institution must also disclose this status whenever it refers to its HLC accreditation.

Policy History

Last Revised: October 2024 
First Adopted: August 1988 
Revision History: February 1998, May 2002, February 2011, June 2012, November 2012, February 2014, February 2015, November 2018, June 2020, February 2022, June 2022, November 2022, June 2023, October 2024 
Notes: Policies combined November 2012 – 2.5(b), 2.5(b)1, 2.5(b)2, 2.5(b)3. In February 2021, references to the Higher Learning Commission as “the Commission” were replaced with the term “HLC.”