Litigation: Institutional Obligations

The costs of compliance with third-party discovery requests made on The Commission on Colleges and Universities with regard to member institutions can be high and cannot be reasonably anticipated for budgeting purposes. To defray these costs in part, where reimbursement for copying and delivery costs is not offered to The Commission by the party serving the subpoena or document request, The Commission may charge copying and delivery costs at a reasonable rate to the member institution the documents of which are the object of the subpoena or request.

Approved: Executive Council, February 2006

Edited: Executive Council, December 2022

Any member or candidate institution that takes legal action against The Commission regarding an accreditation decision and withdraws from candidacy or membership, arbitration, or the legal process; or loses its case during arbitration or the legal process, is responsible for assuming all costs incurred by The Commission while defending its position, including attorney fees. These costs must be paid in full within 45 days following the institution’s receipt of The Commission’s invoice, unless other arrangements are approved by the Executive Council acting on behalf of The Commission Board of Trustees. For an institution seeking accreditation as a separately accredited unit, The Commission will not accept an application nor authorize a candidacy committee until all obligations have been paid in full.

Revised: The Commission Board of Trustees, June 2009

Edited: Executive Council, December 2022

Revised: Executive Council, March 2023

Revised: The Commission Board of Trustees, June 2023

As a condition of receiving membership or candidacy for membership in The Commission, each institution concedes that all agreements created by The Commission granting such status shall be deemed to have been entered into in DeKalb County, Georgia, and shall be interpreted in accordance with the laws of the State of Georgia. Further, each institution agrees that jurisdiction and venue for any action which might arise from any membership agreement between the institution and The Commission, regardless of which party shall initiate the action, shall be exclusively in the United States District Court for the Northern District of Georgia or the state courts of DeKalb County, Georgia, whichever of these courts shall have proper subject matter jurisdiction. The Commission shall notify all institutions seeking or accorded status with that body that the provisions of this Bylaw are a condition of the institution’s being accorded any status with The Commission. (Bylaws of The Commission, Article XII, Legal Action)

From the Bylaws of The Commission, July 2005

Approved for inclusion into Commission policy: Commission on Colleges, December 2007

Edited: August 2014

Reformatted: August 2018

Edited: Executive Council, December 2022