January 2003

Two colleges file lawsuits against CCE

Two colleges, acting independently, have filed lawsuits against the Council on Chiropractic Education. Life University has filed a suit in federal district court in Atlanta in an attempt to restore its accreditation from CCE. And the Palmer Chiropractic University System, including both its Iowa and California corporations, has filed a lawsuit in Wisconsin, charging that the CCE deprived Palmer of appropriate representation in its recent reorganization process. The Palmer lawsuit does not concern accreditation.

Life University’s suit alleges that the CCE:
• Amended its bylaws in such a manner that they conflict with the articles of incorporation;

• Adopted standards for Doctor of Chiropractic programs and institutions that strongly favored the liberal branch of chiropractic philosophy at the expense of the conservative branch;

• Violated Life’s common law due process rights by conducting a flawed and biased process for reaffirmation;

• Refused to reconsider Life’s application for reaccredidation in a timely manner.

“It is disappointing, but necessary, that Life file this lawsuit against CCE,” said Dr. Ben DeSpain, Life’s new president. “From the time I began the presidential application process, I believed there was a good possibility we would be able to apply for accreditation and our application considered in a timely manner. However, after several attempts to communicate with CCE and a detailed review of the recent reaffirmation process, I believe CCE, its executive director and administrative officers, intend to destroy Life University.”

The university’s lawsuit follows a myriad of efforts to regain accreditation.

The suit asks the court to:
• Issue a preliminary and permanent injunction requiring CCE to restore the accreditation of Life University;

• Declare that CCE failed to provide Life University with due process and fundamental fairness in the reaffirmation of accreditation process;

• Begin the reaffirmation of accreditation process in a manner providing Life with common law due process.

Palmer’s claim, filed in early December in Wisconsin, alleges that the CCE deprived Palmer of its rights of representation in the CCE corporate organization. The reorganization process that Palmer is challenging, said Palmer Chancellor Michael E. Crawford, includes the CCE’s attempt to dissolve itself as a Wisconsin corporation and become and operate as an Arizona entity. The lawsuit claims that these actions are in violation of the CCE’s own bylaws and articles of incorporation.

With regard to the impact of the lawsuit on Palmer’s own accreditation status, Guy F. Riekeman, DC, president of the Palmer colleges, said, “It’s important for all to recognize that the Commission on Accreditation is a separate division within the CCE.

Issues relating to educational standards stand apart from those relating to corporate structure. We do not expect that the CCE would make any effort to influence the COA with regard to the unrelated issues relative to accreditation.…This is about corporate structure rather than about how to apply educational standards. We trust that the professionals on all sides will remember the distinction.”

Palmer has stated that its lawsuit is not connected to the CCE’s decision regarding Life’s accreditation. “We have been laboring with the issues relating to corporate organization since long before Life lost its accreditation and indeed ours is an entirely separate issue from educational standards and how they are applied,” said Crawford. “We’re not interested at all in second-guessing how the CCE ruled with regard to Life University. What we are interested in its having an accrediting agency that is representative of all chiropractic colleges and that, in so far as possible, is above chiropractic politics.”

Crawford said that Palmer’s objective in the lawsuit is to have the CCE’s former corporate structure restored “and then move on from there.”

Source: Life University, www.life.edu; Palmer College, www.palmer.edu

Industry News from:
Chiropractic News from: