Notice of an Adverse Action, as defined in the Policies and Procedures Handbook (section 1.15 for Candidacy and section 2.15 for accredited programs), which is subject to reconsideration or appeal under these procedures shall be accompanied by a copy of these procedures and a statement respecting the obligation of the Appellant to share the Common Costs incurred in affording the appeal, and to assume further costs if the appeal is deemed frivolous.
If an Appellant fails to file its request for reconsideration, notice of intent to appeal and the required filing fee, or its appeal document, in a timely fashion, the Appellant shall have waived its right to appeal.
An Appellant must first request reconsideration of an Adverse Action by filing a written request directed to the Chair of the Commission with a copy to the ACAOM Executive Director within fifteen (15) days of receipt of the Adverse Action. The written request shall contain a concise statement setting forth the basis for the request.
The accreditation or candidacy status of an Appellant automatically remains in effect until the expiration of the period within which Appellant may file a Request for Reconsideration, or the completion of the appeals process, whichever shall later occur.
Grounds for Reconsideration
Reconsideration will be granted where the Appellant demonstrates by clear and convincing evidence that the Commission failed to adhere to its published policies or denied due process the program and such failure or denial was materially prejudicial to the Commission’s review of the program, or that the decision was inconsistent with the record before the Commission at the time of its decision and was arbitrary and capricious.
A Request for Reconsideration shall be based solely upon the record before the Commission at the time the Adverse Action was made and shall specify the particular asserted error or errors in the Adverse Action.
Action on Request for Reconsideration
The Review Committee of the Commission shall review a Request for Reconsideration together with all admissible submissions and shall issue a written decision whether to grant the Request within thirty days of receipt of the Request. In the event a Request for Reconsideration is granted, the decision shall provide the Commission with such guidance as the Review Committee deems necessary to ensure that the issues raised in the Request for Reconsideration are properly addressed.
If the Review Committee grants the Request for Reconsideration, the Adverse Action shall be remanded to the Commission for further proceedings.
If the Review Committee denies the Request for Reconsideration, the Adverse Action shall take effect on the eleventh day after receipt by Appellant of notice of denial, unless Appellant appeals said Decision in accordance with these procedures.
An Adverse Action that has been remanded to the Commission for further proceedings shall not be subject to further Requests for Reconsideration, but shall be appealable to ACAOM in accordance with these procedures.
Please refer to the Policies and Procedures Manual for more information.
A Request for Reconsideration of an adverse action that has been denied is appealable to ACAOM by filing a notice of intent to appeal with the Commission Chair with a copy to the Executive Director of the Commission within ten (10) days of the receipt of the denial notification.
The procedure for the appeal process is described in the Policies and Procedures Manual (see section 3.5).
Also, a Request for reconsideration that has been remanded to the Commission for further proceedings shall not subject to further Requests for Reconsideration, but shall be appealable to the Commission in accordance with the procedures.