ACCJC

ACCJC dismissal rebuffed, City College goes to trial for its life in 18 days

Erica Hanna
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ACCJC dismissal rebuffed, City College goes to trial for its life in 18 days

The courtroom saga between City College of San Francisco and its accreditors reached a new milestone yesterday, as Superior Court Judge Curtis Karnow rejected the accreditors’ motion to dimiss the City Attorney’s Office’s case against the decision to close the college, yet again. 

Like Charlie Brown’s decades-long effort to kick the football from Lucy’s hands, the accreditors keep trying to get the case dismissed and they keep failing.

“This is the fourth time they’ve tried to say they’re immune (from a lawsuit),” Sara Eisenberg, lead prosecutor from the City Attorney’s Office told us. “It’s a running theme.”

The City Attorney’s Office is representing the People of the State of California (not the college directly), suing the ACCJC for what they say was an unfair accreditation evaluation. Accreditation is vital for degrees from colleges to be worth the paper they’re printed on, a process many schools go through. When the ACCJC evaluated City College and decided to rescind its accreditation, the City Attorney’s Office alleges, the ACCJC was “embroiled in a political dispute with the college,” and the team that evaluated the school were “individuals affiliated with districts and organizations” that shared the ACCJC’s political leanings.

In plain English, the accreditors stacked the deck with evaluators inclined to disagree with many of the funding choices, teaching choices, and other decisions City College administrators and trustees had made. There are other complaints related to the way the ACCJC conducted its evaluation, but suffice to say the case is multi-layered. 

In seeking to have the case dismissed, the ACCJC’s attorneys alleged communicating with the government was “petitioning activity,” that the only court legally able to discuss the case was at the federal level, and that the true liability for their decision to close the college lay with the state. Those were some mixed messages, and Judge Karnow rejected all of those motions yesterday.

We walked side-by-side with Dr. Barbara Beno, the head of the ACCJC, as she left the hearing. All she had for us was a terse, “no comment.” 

The ACCJC may not have had much luck in court on Tuesday, but Karnow issued a warning to the City Attorney’s Office as well. The City Attorney’s Office must prove there was true harm against City College of San Francisco, Karnow told Eisenberg, and the court.

“In this case,” he said, sternly, “you’re going to have to prove some harm. It cannot just be a technical violation.”

Eisenberg and her team at the City Attorney’s Office have a challenge. They must not only prove that the ACCJC violated its own rules and federal law, but that the People of the State of California suffered a specific and identifiable harm through the process of an unfair evaluation.

We asked Eisenberg how she would prove this. “I’m a little loathe to get into our strategy in advance of the trial,” she told the Guardian. “But when you don’t get a fair review of an institution, particularly a public community college, that in itself is a harm. These flaws in the process led to a potentially different outcome than they would have received (otherwise).”

“We don’t know for sure what the outcome would be if a fair process was followed,” she said. “We have a right to know that.”

Come Oct. 27, we’ll see exactly what her strategy is. And, in another treat, the once private documents governing the ACCJC’s secret processes and secret decisions around City College will be revealed as the City Attorney’s office demands discovery. 

We can’t wait.

It’s a trap

Michael Redmond
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10
It’s a trap

joe@sfbg.com

As City College of San Francisco struggles to loosen the noose around its neck, this week its accreditors are slated to offer the college a new way out. But some skeptics are sounding the alarm: it’s a trap.

The Accrediting Commission of Community and Junior Colleges is scheduled to vote on and announce a newly revised version of its “restoration policy,” which some journalists have called City College’s salvation.

“Huge CCSF Win: College Won’t Close,” one San Francisco Chronicle headline read. Bay Area TV stations and others echoed the jubilant headline, saying City College was saved. Chancellor Art Tyler told the Chronicle he would “absolutely” apply for restoration status. But many are calling the restoration policy a poor choice for the college’s future.

“Rumors of City College being saved are premature,” Alisa Messer, political director for the American Federation of Teachers Local 2121, told us.

The college’s faculty union isn’t the only one worried. A report released this month by the California State Auditor shows ACCJC has operated against its own bylaws and without full transparency in threatening CCSF’s accreditation.

“To allow community colleges flexibility in choosing an accreditor,” the state auditor’s report wrote, “the chancellor’s office should remove language from its regulations naming the commission as the sole accreditor of California community colleges while maintaining the requirement that community colleges be accredited.”

In the staid and stuffy bureaucratic language, the auditor essentially wrote the accreditor group was so dysfunctional it should be closed. The 75-plus page report scathingly tears down ACCJC staff, board selection, decisions, and policies. There are few areas in which they did not find fault.

“The report draws conclusions about accreditation without the necessary context and facts related to institutional evaluations,” ACCJC President Barbara Beno told the Guardian via email. “ACCJC is reviewed and approved by the United States Department of Education and its recognition was renewed in January 2014. That is the appropriate body to review the ACCJC’s practices.”

The DOE found many faults with the accreditors as well, but the scope of its review was limited to complaints made by the unions. The auditor viewed the accreditors in a fuller context, alleging the ACCJC decided to terminate CCSF’s accreditation “after allowing only one year to come into compliance,” while simultaneously allowing 15 other colleges two years and another six institutions to up to five years to reach compliance.

Such accusations of bias are also alleged in City Attorney Dennis Herrera’s lawsuit against ACCJC, charging CCSF was targeted with harsher penalties due to its political views.

Meanwhile, a closer look at restoration status shows it’s less like a lifeline and more like a tightrope suspended over flames.

The policy would give CCSF two years to come into compliance with all of the so-called “defects” ACCJC identified. If the college addresses these issues in two years, the commission would rescind the notice to terminate the college’s accreditation.

But buried in the legalese is a frightening clause noting that if CCSF isn’t found to comply with everything, “the termination implementation will be reactivated and the effective date will be immediate,” with “no further right to request a review or appeal in this matter.”

Beno said she heard the college community’s concerns around these clauses, during a two-week public comment period regarding the proposed policy that ended June 25.

“The Commission received a good deal of feedback,” she wrote, saying a revised “final version” of the restoration policy has been sent to the commissioners, who will vote remotely over the next week. “If it is approved, the ACCJC will post the final policy on its web page, the policy will be effective immediately.”

But the auditor found Beno hasn’t followed existing bylaws. This has long been an open secret in the community college world that’s referenced to in a 2010 public letter from the former California Community College Chancellor Jack Scott to the Department of Education. His immediate successor, Brice Harris (who also served on the ACCJC as a commissioner for seven years), did not heed this knowledge. He trusted Beno.

He met her for coffee, he talked to her on the phone. These interactions led him to believe replacing the college’s leadership would appease Beno, he said in his declaration (under penalty of perjury) in Herrera’s lawsuit against the ACCJC.

So on July 3, 2013, Harris released a video announcing he stripped the college’s elected Board of Trustees of all of its powers and promoted Special Trustee Bob Agrella to take its place. The college community was in an uproar, but Harris maintained publicly it was the right thing to do.

Privately, he received an email from Beno. “Dear Brice, Beautiful job,” she wrote to him, about his decision to whack the board. “The college may survive, with the right leadership.”

Harris wrote in his declaration: “Based on this email, which was consistent with all my prior interactions with Dr. Beno, I believed that City College could maintain its accreditation… if City College took extraordinary steps to comply with the ACCJC’s recommendations.”

But the accreditors did just the opposite. Just this month, it denied CCSF’s accreditation appeal, telling the college they it not review any evidence of progress it made after they voted to terminate its accreditation. This took Harris by surprise.

“If I had known on July 8, 2013, that the rules of the commission were later going to be interpreted to preclude any progress made by City College after June 2013,” he wrote in his declaration, “I would not have asked the Board of Governors to take the extraordinary step of setting aside the locally elected Board of Trustees.”

Harris was burned by the ACCJC. Now City College faces the choice to trust Beno and the accreditors again.

 

Above, California Community Colleges Chancellor Brice Harris explains why he pushed state entities to remove the City College’s Board of Trustees and replace them with Special Trustee Bob Agrella. Should City College of San Francisco trust the ACCJC?

City College’s accreditors bow to pressure, amend rules to save CCSF

Erica Hanna
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City College’s accreditors bow to pressure, amend rules to save CCSF

Keep City College of San Francisco open, or else.

That’s the message local and federal officials have drilled into City College’s accreditors in recent weeks. Representatives Nancy Pelosi and Jackie Speier; Assemblymembers Tom Ammiano and Phil Ting; and the state’s community college government have all publicly pressured the Accrediting Commission for Community and Junior Colleges to give City College an extension to prove its worth.

Finally bowing to pressure, the ACCJC may soon chang their own rules to save City College.

Today the ACCJC announced changes in its policy exclusively for colleges with terminated accreditation, granting a chance for such colleges to request a new “accreditation restoration status.”

“This is new for the ACCJC, but I don’t know if its new for other institutions,” Dave Hyams, a spokesperson for the ACCJC told us. But this new policy may offer new hope for City College.

In 2012 the ACCJC told City College its accreditation would be terminated, putting the school in the fight of its life. A loss of accreditation would mean its degrees are worthless, and the school would lose government funding. Notably, the school has not lost its accreditation yet.

The ACCJC’s policy change is not yet final, as the agency is allowing two weeks for the public to weigh in. The changes will be finalized on June 25, the commission said.

If the policy is adopted though, it means City College would be able to apply for a lifeline.

“If this policy is adopted as expected,” the ACCJC wrote in their statement to the press, “CCSF would have the opportunity to take steps to be designated as being in restoration status.”

Hyams denied the decision has anything to do with the very recent, and very public, emails from Nancy Pelosi and other politicians to demanding the ACCJC give City College more time.

“The ACCJC was looking for a way to balance the impact of termination on students,” he said, “with the needs for the college to meet basic standards.”

The college would need to file its application for restoration status by July 2014, City College’s originally announced accreditation termination date. This may all be moot, however, as City Attorney Dennis Herrera filed for an injunction to stall the college’s closure until the conclusion of the city’s lawsuit against the ACCJC. Legal proceedings are expected to begin in October.

Sara Eisenberg, the deputy city attorney leading the case against the ACCJC, told us this doesn’t affect the case at all.

“Our lawsuit is about the ACCJC’s bad acts, which go to the heart of the fairness and accuracy of the accreditation evaluation process,” she told the Guardian. “These violations of law, policy and fundamental fairness require that the ACCJC’s past decisions concerning City College be vacated and that City College be reevaluated on a clean slate using a fair process.”

Interestingly, the announcement of restoration status by the ACCJC contains a caveat: they will not extend CCSF’s appeal unless the US Department of Education gives them the go-ahead. Hyams said the ACCJC developed this plan while consulting the USDOE, so it may be a slam dunk.

Need some context on the City College fight? Check out the video above for a basic overview.

“The commission and the department had very recent meetings that have been constructive and productive, they’re fully aware of this proposal,” he told us.

One of those meetings was not so peaceful, however, as over 200 City College supporters rallied outside the ACCJC’s semi-annual meeting in Sacramento, demanding the organization rescind its decision to revoke the college’s accreditation. The protest was led by the California Federation of Teachers, the local AFT 2121 and attended by teachers and students alike.

Tim Killikelly, the president of the AFT 2121 had questions about the new policy.

“I’m not sure how this restoration status is different than what appeals already existed,” he said. “The students need to be sure about their academic future, and this doesn’t do that. The students need to breathe a sigh of relief.”

He’s referring to the college’s recent drop in enrollment. At its height City College had over 100,000 students enrolled. But, due in part to its accreditation struggles and (some have said) the economy’s mild upswing, the enrollment has recently dropped to under 80,000 students. 

Killikelly laid much of the blame for that enrollment drop at the feet of the ACCJC. “They should’ve sent a team to verify we’re in compliance,” he said. Instead of this middling compromise, if the ACCJC had instead granted full accreditation Killikelly thinks confidence in the college could be restored.

City College Trustee Rafael Mandelman was also cautious about the decision.

“Its good news,”  he said, but, “the powers that be have rallied and persuaded the ACCJC that they cannot shut City College down now. The ACCJC are not pulling their claws out of the college. We will continue this terrible dance unless the City Attorney wins his lawsuit.”

The college may already have bounced back. California Community College Chancellor Brice Harris and City College Chancellor Arthur Tyler have publicly stated the school is 95 percent done addressing all of the concerns the ACCJC wanted to see fixed.

Mandelman contends the ACCJC’s move to terminate City College’s accreditation did more harm than good. “This whole process has been incredibly and unnecessarily disruptive on City College,” he said. “It’s a horrendous way to reform an institution.”

It should be noted that City College is still open, and remains accredited. For a look at the new policy from the ACCJC, click here.

Accreditors ask City College to voluntarily terminate its own accreditation

Erica Hanna
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35
Accreditors ask City College to voluntarily terminate its own accreditation

Should City College commit educational seppuku?

That seems to be the idea the accrediting commission vying to close City College of San Francisco floated in a San Francisco Chronicle editorial Sunday, outlining a “new way out.”

To save itself, they wrote, the college must terminate its own accreditation and apply for “candidacy” status, essentially applying to be accredited as if it were a brand-new school.

“Candidacy would allow City College a fresh start,” wrote Accrediting Commission for Community and Junior Colleges Chair Sherill Amador, and Steven Kinsella, the co-chair. “It would have two to four years to complete its recovery and to ensure that it meets all accreditation standards.”

The recommendation is the latest twist in a long saga over the fate of City College of San Francisco.

Last July, the ACCJC told City College its degree accreditation would be revoked in a year, which would force the college to close. When the news first hit City College saw its enrollment drop by the thousands. The school served as many as 100,000 students at its highest enrollment, but now has a student body of 77,000. The college’s chancellor, Arthur Q. Tyler, noted the enrollment drop in a public letter.

Tyler strongly rebuffed the ACCJC’s Chronicle editorial.

“As you may have heard it has been suggested by some that City College apply for ‘candidacy status’ as a mechanism for addressing our current accreditation process,” Tyler wrote in a letter to the college community. “Let me be clear: we are not considering withdrawing our accreditation. To do so would severely harm our current and future students as well as undermine our current enrollment efforts.”

The editorial from the ACCJC may signal that the accrediting commission intends to deny any appeals made by City College, higher-ed experts told the Guardian. City College’s faculty union AFT 2121 President Alisa Messer agreed.

“The ACCJC — or at any rate, two of its leaders — have announced through this editorial that they have already decided to reject the college’s appeal and move forward with disaccreditation,” she told the Guardian. “Our concern all along has been that nothing CCSF could do would satisfy this commission. Unfortunately, this latest action appears to confirm that.” 

Notably, despite all indicators to the contrary, the ACCJC editorial wrote “Internal discord at City College has prevented sufficient progress.”

But in a Chronicle editorial written by Mayor Ed Lee and the California Community College Chancellor Brice Harris, the pair noted City College’s tremendous progress in changing the school. These are changes the college community hasn’t necessarily agreed with, leading to recent protests against the current administration. Despite this resistance, the pair of officials made an impassioned plea for the ACCJC to give City College more time to enact the less-than-popular changes.

“The commitment to reform and the accomplishments already made show that the college is on the right track,” Lee and Harris wrote. “City College has earned the right to finish the job by setting itself back on course.”

But the editorial penned by the ACCJC seems to rebuff any notion that they’ll give City College more time, unless City College revokes its own accreditation.

“They just gave (Chancellor) Brice Harris, Mayor Ed Lee and all of San Francisco a giant F.U.,” City College Trustee Rafael Mandelman told the Guardian. 

All along, politicians and the college’s current administration towed the ACCJC line — even though the accreditors advocated for City College to disinvest in its neediest students, take away important neighborhood campuses serving disadvantaged communities, and ignored the college community’s wishes. 

On the other side of the imaginary line in the sand, the faculty union and student protesters have advocated against many of the changes proposed by the ACCJC, calling its actions unjust. City Attorney Dennis Herrera’s lawsuit adopted the viewpoint of the the latter group, suing the ACCJC for using its position as accreditor to advocate for the “student success agenda,” which aims to transform community college into degree-mills at the expense of students not specifically seeking degrees.

Stepping on their conservative, misinformed soapbox, the San Francisco Chronicle wrote an editorial lambasting Herrera and the advocates, last August.

“When you have a losing argument, change the subject,” they wrote. “That’s been the approach of certain City College defenders who want the attack an accreditation commission instead of the serious problems it has identified.”

Even the state community college chancellor criticized Herrera’s lawsuit, in an open letter penned just a few months ago. 

“Court intervention is not necessary to keep City College open,” California Community College Chancellor Brice Harris wrote. “Characterizations that the cases before the court are a ‘last-ditch’ effort to ‘save’ City College are inaccurate and will do additional damage to the college’s enrollment.”

But Herrera filed for an injunction, which was granted by the judge, which would stop City College from closing until the legal proceedings have finished. The trial date is now set for October. 

With the ACCJC signaling it has no intention of allowing an appeal, Herrera’s lawsuit, Mandelman said, may be the college’s only hope.

“The state chancellor, the mayor, and the Chronicle have all said ‘this is the way the process will work and Dennis Herrera should not have brought the lawsuit,'” he said. “Now it seems quite likely that lawsuit will be the only thing that can save City College.”

Democracy for none

Michael Redmond
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0
Democracy for none

Democracy is dead at City College of San Francisco. At least, that’s what student protesters allege.

At a rally on March 13, over 200 student and faculty protesters marched at City College’s main campus to call for the resignation of state-appointed Special Trustee Robert Agrella. When City College was told it would soon close, the city-elected Board of Trustees was removed from power, and the state gave Agrella the power to make decisions unilaterally.

Agrella is not beholden to board rules, and now makes policy decisions behind closed doors: No public meetings are held and no public comments are solicited.

His decisions have proved controversial. Students are concerned that fast-tracked decision-making and new billing policies will create new barriers for students with few other educational options. But with no public forum to express their outrage, students took to the pavement.

The protesting students were met by police aggression, and in the aftermath of the clash two students were arrested — one was pepper sprayed, and the other suffered a concussion, allegedly at the hands of a San Francisco Police Department officer.

Both SFPD and CCSF police were on hand for the protest.

Controversy is now swirling around Agrella, school administrators, and the students involved. But lost among questions about police violence are larger policy concerns. When will democracy, that critical right to have a say in significant decision-making on campus, return to City College?

Critics say City College is compromising its core mission in its fight to remain open and accredited, slashing access for students and curtailing democracy in the name of reform.

“To be excluded and ignored and disenfranchised is simply unacceptable,” said faculty union president Alisa Messer.

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BEFORE YOU READ ON: Check out our beta multimedia version of this story.

(Or you can read the plain text version below)

PEPPER SPRAYED AND INJURED

The protest began as students marched across City College’s main campus in an open space designated by college officials as a “free speech zone.” They headed toward an administrative office building, Conlan Hall, where students freely conduct business every day. However, the administration locked the doors on the protesters.

In response, the students inside unlocked them. When the protesters tried to enter this public building, they were met with resistance from campus police and the SFPD.

Otto Pippenger, 20, who was at the front of the protest, was dragged to the ground by multiple officers and allegedly punched in the head by an SFPD officer, an incident caught on video and recalled in eyewitness accounts.

His mother, Heidi Alletzhauser, told the Bay Guardian that Pippenger had since received medical attention. She said he’d suffered a concussion, contusions from where his head hit the concrete, injuries to both wrists, and broken blood vessels in his right eye.

Dimitrios Philliou, 21, was tackled to the ground and pepper sprayed in the face. In a video interview shortly after the incident, he recalled what happened.

“I asked [officers] what law I broke and neither could give me an explanation. They proceeded to tackle me to the ground,” he said.

In the end, Philliou was charged with misdemeanor “returning to school,” described as trespassing by the Sheriff’s Department. Pippenger was charged with two misdemeanors: resisting arrest and battery on emergency personnel.

The students were released the following morning (March 14), before sunrise. Philliou was issued a citation and released, and Pippenger made bail and was released, according to the San Francisco Sheriff’s Department.

The City College faculty union raised over $1,000 towards Pippenger’s $23,000 bail. He will face arraignment March 19, two days after the Bay Guardian goes to press.

In an emailed statement, City College Chancellor Arthur Q. Tyler described the clash between protesters and police as the fault of the protesters who tried to enter the building.

“I am saddened to see students engaging in violent outbursts,” he wrote.

City College spokesperson Peter Anning said the school regretted the actions of the most violent officers. “There was one police officer with the SFPD, not [City College Police], whose behavior was more forceful than need be,” he said.

Philliou said he just wanted to be heard.

“We just want to have a conversation with Bob Agrella,” he said in a video interview with the college’s newspaper, The Guardsman. “It’d be nice if he would talk to us, like a real human.”

But so far, the students have been met with silence.

 

DEMOCRACY NOW

Agrella does not hold public meetings or take public comment on his decisions, but he posts public agendas in accordance with the California Brown Act. In the past, he’s called these posted agendas “meetings,” and dubbed email feedback as “public comment.”

Messer was critical of the practice. “Apparently these meetings are happening in the special trustee’s head,” she said, “and an email counts as public comment. No one agrees that [email] comment is public.”

In the past, public comment has meant speaking aloud at a meeting in a room where not only could everyone hear you, but every word was broadcast on television and on the web.

City College Board of Trustee public meetings used to be archived online for the world to see. Now only Agrella’s eyes see the concerns of the college community.

Pressed on whether these agendas and emails could count as public meetings, City College spokesperson Larry Kamer said, “I can’t answer that question because you’re getting into matters of legal interpretation. I’m not a lawyer.”

The Board of Trustee’s meetings were not always the most shining examples of democracy, he said.

“When Dr. Agrella was appointed as special trustee with extraordinary powers, it was precisely for the purpose of expediting decision making,” Kamer said. “The idea of expedited decision making and board meetings that go until one or two in the morning are usually incompatible.”

But City College Trustee Rafael Mandelman said some of the tension around the changes at City College could be diffused by letting the public vent, well, in public.

“I’d much rather have people jumping up and down in public comment than having an assault at Conlan Hall,” he said.

At a City Hall hearing held by Sup. David Campos the day after the protest, many students decried a loss of democracy at the school. Campos will soon introduce a resolution to the Board of Supervisors calling for the reinstatement of the City College Board of Trustees.

Students’ concerns about the college, voiced at rallies instead of public forums, have proven as diverse as the students themselves.

 

THE COLLEGE TRANSFORMS

The same day protesters clashed with police at the main campus, Chinese Progressive Association lead activist Emily Ja Ming Lee led a student protest at the college’s Chinatown Campus.

The population there is traditionally older, with fewer English speakers than the general student body.

“We’re worried about the impact on the immigrant communities, the free English as Second Language classes, and vocational training,” Lee told the Guardian. “We partner with City College to run a hospitality training program so immigrant workers can get good jobs. We’re concerned about how City College will serve its immigrant workers.”

That concern has been intensified by a new restrictive billing policy that’s impacting lower income students.

The school has started to require up-front payment for classes, rather than billing students later. The change may shore up the college’s bank account in the short term, but many financially strapped students dropped their classes due to an inability to pay.

Itzel Calvo, a student who is an undocumented citizen, said at the City Hall hearing, “I was not able to enroll in classes this semester unless I paid thousands of dollars in tuition up front, even before the classes started. I can’t afford that.”

The Chinese Progressive Association has also raised concerns about changes to the college’s educational plan.

Over the course of four months, City College will formulate an educational plan to determine which classes deserve funding, and which don’t. This process usually takes a year. But with the accelerated process and lack of outreach, Lee’s worried that English language learners and vocational students will be sidelined.

“Our students don’t fit into a traditional model of what community colleges look like,” she said. “They’re not looking to transfer to a four-year university, necessarily.”

Focusing on transfer students moving from community colleges to four-year universities is part of a state policy known as the Student Success Initiative. In a lawsuit against the Accrediting Commission for Community and Junior Colleges, City Attorney Dennis Herrera alleges that the ACCJC’s agenda of pushing this initiative was the driving force behind trying to close City College.

The college’s students rallied against those changes for years. Yet Agrella is enforcing the Student Success Initiative. “My job is to play within the rules and regulations of the ACCJC,” he told the Guardian in an interview a few months back.

On campus, concern is growing that changes made to appease the ACCJC may disenfranchise City College students in greater numbers. But worst of all, without public meetings or public comment, the college’s students may not get a chance to advocate against those changes before it’s too late.

Pelosi denounces City College’s accreditors

Erica Hanna
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41
Pelosi denounces City College’s accreditors

Rep. Nancy Pelosi denounced the accreditors seeking to close City College at a press conference held yesterday at the school’s Chinatown campus.

“You can be sure it will be subjected to harsh scrutiny in terms of how they do what they do, who they are and why is it the Department of Education cannot do more,” she said to the crowd of local luminaries and City College faculty. 

City College of San Francisco is one of the state’s largest community colleges, home to a student body of over 85,000. The school came under fire from its accreditors, the Accrediting Commission for Community and Junior Colleges, last July, who moved to revoke the school’s accreditation. Such a move would force the college to close. 

Since then the ACCJC has been beaten back from many directions: it’s tangled in three lawsuits, as well as a state inquiry from the Joint Legislative Audit Committee. Arguably the highest profile thrashing the agency received was from Congresspeople Anna Eshoo and Jackie Speier in November.

“I think the ACCJC has run amok, they have lost their vision — if they ever had one,” Speier told the Guardian. “They are riddled with conflicts of interest and arbitrariness.”

Pelosi voiced support for those views yesterday.

“I want to associate myself with remarks Congresswoman Jackie Speier and Anna Eshoo,” she told the crowd, to cheers. 

Singing the praises of City College is all well and good, but the Guardian asked her directly: what can you do, and what is your next step?

Pelosi indicated that Congresspersons Speier, Eshoo, and George Miller, would review the role of the Department of Education regarding accreditors at a congressional higher education committee. This is something they’ve looked at before. 

“We’ll see what is recommended when we go there,” she said. “Suffice to say this is not something that will be ignored.”

Injunction blocks City College closure

Michael Redmond
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0

City College of San Francisco is safe from closure, for now. A ruling from San Francisco Superior Court Judge Curtis Karnow issued Jan. 2 would bar City College’s accreditors from terminating the college’s accreditation until after legal proceedings against it are done.

The loss of accreditation would make City College’s future degrees basically worthless, resulting in its closure or merger with another district.

“I’m grateful to the court for acknowledging what so far accreditors have refused to, that educational access for tens of thousands of City College students matters,” City Attorney Dennis Herrera said at a press conference announcing the judge’s decision.

Now Herrera and his team have time to save the school, and City College will keep its doors open for the duration of the suit — win or lose.

The ruling was the result of an injunction filed by City Attorney Dennis Herrera on Nov. 25 as part of his office’s suit against the Accrediting Commission for Community and Junior Colleges in August for allegedly using the process to carry out an ideological agenda against CCSF. The ACCJC openly lobbied in public hearings and via public letters for education reform across the state, reforms which City College’s administration believed would harm San Francisco’s most vulnerable students: the poor, certificate seekers, and lifelong learners.

Only part of the injunction was granted by Karnow, however. The ACCJC is barred from shutting down City College, but it can still revoke the accreditation from any of the other 112 community colleges it oversees across the state.

The ruling also doesn’t stop it them from making preparations to close the college, Herrera said.

“It does not stop them from continuing their review and analysis and evaluation, it stops them from issuing a final ruling with respect to taking accreditation of City College,” he said.

Not everyone agrees with Herrera’s efforts.

“Court intervention is not necessary to keep City College open,” State Community College Chancellor Brice Harris wrote to Herrera in a Jan. 2 letter.

Harris argues that the lawsuit detracts from the efforts to save the school made by the special trustee Robert Agrella, who was assigned by Harris to replace City College’s Board of Trustees just after the accreditation crisis broke out.

City College saved, for now (update)

Erica Hanna
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0
City College saved, for now (update)

Update: This post has been updated with new information, after a 5:30 press conference held by City Attorney Dennis Herrera.

City College of San Francisco is safe from closure, for now.

A ruling from San Francisco Superior Court Judge Curtis Karnow issued this afternoon would bar City College’s accreditors from terminating the college’s accreditation until after legal proceedings against it are done. 

The loss of accreditation would make City College’s future degrees basically worthless, resulting in its closure or merger with another district.

“I’m grateful to the court for acknowledging what so far accreditors have refused to, that educational access for tens of thousands of city college students matters,” City Attorney Dennis Herrera said at a press conference announcing the judge’s decision.

Now Herrera and his team have time to save the school, and City College will keep its doors open for the duration of the suit — win or lose.

The ruling was the result of an injunction filed by City Attorney Dennis Herrera on Nov. 25. as part of their suit against the Accrediting Commission for Community and Junior Colleges in August for allegedly using the process to carry out an ideological agenda against CCSF. The ACCJC openly lobbied in public hearings and via public letters for education reform across the state, reforms which City College’s administration believed would harm San Francisco’s most vulnerable students: the poor, certificate seekers, and lifelong learners.

ccsfhearing

Counsel for the Accrediting Commission for Community and Junior Colleges, Andrew Sclar and Philip Ward, confer during a break at a preliminary injunction hearing regarding City College of San Francisco on Dec. 26, 2013. Photo by Sara Bloomberg

Only part of the injunction was granted by Karnow, however. The ACCJC is barred from shutting down City College, but it can still revoke the accreditation from any of the 112 community colleges it oversees across the state.

The ruling also doesn’t stop it them from making preparations to close the college, Herrera said.

“It does not stop them from continuing their review and analysis and evaluation, it stops them from issuing a final ruling with respect to taking accreditation of City College,” he said. 

Not everyone agrees with Herrera’s efforts though.

“Court intervention is not necessary to keep City College open,” State Community College Chancellor Brice Harris wrote to Herrera in a letter today. 

Harris argues that the lawsuit detracts from the efforts to save the school made by the special trustee Robert Agrella, who was assigned by Harris to replace City College’s board of trustees just after the accreditation crisis broke out.

“Characterizations that the cases before the court are a ‘last-ditch’ effort to ‘save’ City College are inaccurate and will do additional damage to the college’s enrollment,” Harris wrote.

And City College’s enrollment has taken a huge hit, down nearly 30 percent from last year, leading to the college’s new media campaign to get students back in City College seats. 

Though Harris criticized Herrera’s lawsuit as the chancellor of the state community college system, Harris has tangled ties with the accreditors — he was a commissioner on the ACCJC board some years ago. 

At the hearing to grant the injunction, Sara Eisenberg, the deputy city attorney, argued that real harm hit City College since the news of its closure hit. Students have left the school in droves.

“We’re asking, your honor, right now for something that won’t happen until further down the road… but there’s real harm happening right now. Latest numbers show enrollment is down 27 percent,” she told Karnow. 

The ACCJC’s counsel, Andrew Sclar, argued that an injunction to stop City College’s closure would actually harm the ACCJC itself.

 “There certainly would be harm to us,” he told Karnow. “If we do not enforce sanctions or bring a non compliant institution into compliance within a two year period, we would be at risk of losing our recognition with the United States Department of Education.”

Karnow then asked if there was “evidence on the record” of that ever happening. Sclar said no.

The college is slated to lose its accreditation in July 2014. The college is trying to reverse its fortunes and is applying for an appeal with the ACCJC. 

Now, it has a chance to stay open while Herrera fights for its future. Two other lawsuits were filed against the ACCJC as well, one by the California Federation of Teachers and another by the Save CCSF Coalition. 

Lawsuits aren’t the only fire the ACCJC has come under lately. US Rep. Jackie Speier called for a forum on the ACCJC’s alleged misconduct in November, and the beleagured commission was recently reviewed by the federal government, and given one year to come into compliance with federal guidelines.

For our coverage of the court hearing that led to the injunction, click here.

Deputy City Attorney Sara Eisenberg discusses the hearing for the injuncton.

The full text of Herrera’s press release is below.

City College wins reprieve, as court enjoins ACCJC from terminating accreditation

Herrera grateful to court ‘for acknowledging what accreditors callously won’t: that the educational aspirations of tens of thousands of City College students matter’

SAN FRANCISCO (Jan. 2, 2014) — A San Francisco Superior Court judge has granted a key aspect of a motion by City Attorney Dennis Herrera to preliminarily enjoin the Accrediting Commission for Community and Junior Colleges from terminating City College of San Francisco’s accreditation next July.  Under terms of the ruling Judge Curtis E.A. Karnow issued late this afternoon, the ACCJC is barred from finalizing its planned termination of City College’s accreditation during the course of the litigation, which alleges that the private accrediting body has allowed political bias, improper procedures, and conflicts of interest to unlawfully influence its evaluation of the state’s largest community college.  Judge Karnow denied Herrera’s request for additional injunctive relief to prevent the ACCJC from taking adverse accreditation actions against other educational institutions statewide until its evaluation policies comply with federal regulations.  A separate motion for a preliminary injunction by plaintiffs representing City College educators and students was denied.  

In issuing the injunction, the court recognized that Herrera’s office is likely to prevail on the merits of his case when it proceeds to trial, and that the balance of harms favored the people Herrera represents as City Attorney.  On the question of relative harms, Judge Karnow’s ruling was emphatic in acknowledging the catastrophic effect disaccreditation would hold for City College students and the community at large, writing: “There is no question, however, of the harm that will be suffered if the Commission follows through and terminates accreditation as of July 2014.  Those consequences would be catastrophic.  Without accreditation the College would almost certainly close and about 80,000 students would either lose their educational opportunities or hope to transfer elsewhere; and for many of them, the transfer option is not realistic.  The impact on the teachers, faculty, and the City would be incalculable, in both senses of the term: The impact cannot be calculated, and it would be extreme.”

“I’m grateful to the court for acknowledging what accreditors have so far refused to: that the educational aspirations of tens of thousands of City College students matter,” said Herrera.  “Judge Karnow reached a wise and thorough decision that vindicates our contention that accreditors engaged in unfair and unlawful conduct.  Given the ACCJC’s dubious evaluation process, it makes no sense for us to race the clock to accommodate ACCJC’s equally dubious deadline to terminate City College’s accreditation.”

Judge Karnow adjudicated four separate pre-trial motions in today’s ruling following two days of hearings on Dec. 26 and 30.  Herrera filed his motion for preliminary injunction on Nov. 25 — three months after filing his initial lawsuit — blaming the ACCJC for procedural foot-dragging and delay tactics, which included a failed bid to remove the case to federal court and its months-long refusal to honor discovery requests.  Judge Karnow granted in part and denied in part Herrera’s motion, issuing an injunction that applies only to the ACCJC’s termination deadline for City College’s accreditation, and not statewide.

Apart from Herrera’s motion, AFT Local 2121 and the California Federation of Teachers also moved for a preliminary injunction on Nov. 25, citing additional legal theories.  That motion was denied.  A third motion by the ACCJC asked the court to abstain from hearing the City Attorney’s lawsuit for interfering with complex accrediting processes largely governed by federal law; or, failing that, to stay Herrera’s action pending the outcomes of City College’s accreditation proceeding and ACCJC’s own efforts to renew its recognition with the U.S. Department of Education.  A fourth motion, also by the ACCJC, requested that the court strike the AFT/CFT’s case under California’s Anti-SLAPP statute, which enables defendants to dismiss causes of actions that intend to chill the valid exercise of their First Amendment rights of free speech and petition.  (SLAPP is an acronym for “Strategic Lawsuits Against Public Participation.”)  Both of the ACCJC’s pre-trial motions were denied.

The ACCJC has come under increasing fire from state education advocates, a bipartisan coalition of state legislators and U.S. Rep. Jackie Speier for its controversial advocacy to dramatically restrict the mission of California’s community colleges by focusing on degree completion to the detriment of vocational, remedial and non-credit education.  The accrediting body’s political agenda — shared by conservative advocacy organizations, for-profit colleges and student lender interests — represents a significant departure from the abiding “open access” mission repeatedly affirmed by the California legislature and pursued by San Francisco’s Community College District since it was first established.  

Herrera’s action, filed on Aug. 22, alleges that the commission acted to withdraw accreditation “in retaliation for City College having embraced and advocated a different vision for California’s community colleges than the ACCJC itself.”  The civil suit offers extensive evidence of ACCJC’s double standard in evaluating City College as compared to its treatment of six other similarly situated California colleges during the preceding five years.  Not one of those colleges saw its accreditation terminated.  

The City Attorney’s case is: People of the State of California ex rel. Dennis Herrera v. Accrediting Commission for Community and Junior Colleges et al., San Francisco Superior Court No. 13-533693, filed Aug. 22, 2013.  The AFT/CFT case is: AFT Local 2121 et al. v. Accrediting Commission for Community and Junior Colleges et al., San Francisco Superior Court No. 534447, filed Sept. 24, 2013.  Documentation from the City Attorney’s case is available online at: http://www.sfcityattorney.org.

No decision yet following charged hearing to stall City College closure

Erica Hanna
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35
No decision yet following charged hearing to stall City College closure

At a Dec. 26 hearing in San Francisco Superior Court, the City Attorney’s office argued that City College of San Francisco should not be shuttered, as long as San Francisco’s lawsuit against a regional accrediting commission remains in court.

The two-year community college, which serves roughly 85,000 students, was notified earlier this year that the regional Accreditin​g Commission for Community and Junior Colleges would terminate its accreditat​ion in July 2014, rendering the school’s degrees worthless.

It would be forced to close.

In August, City Attorney Dennis Herrera filed suit against the ACCJC, alleging the closure action was improper, unwarranted, and out of line with the agency’s prior actions. 

At yesterday’s court hearing, litigators from Herrera’s office argued for a preliminary injunction against ACCJC, to keep the college open at least for the duration of the court proceedings.

Stop, halt, cease, desist. That was the City Attorney’s goal yesterday: keep City College open until the case is decided.

While yesterday’s hearing was focused on the injunction, the substance of Herrera’s complaint against the ACCJC — alleging that its members were acting improperly as advocates for greater austerity, among other things — came into play many times.

The litigators argued from morning till late afternoon, taking only brief recesses. While Judge Curtis Karnow subjected viewpoints from both sides to microscopic examination, there was no decision by the end.

It’s not yet known when Karnow will issue a ruling. 

“Judge Karnow did not rule from the bench, he issued no tentative order, and he gave no indication of how he intends to rule before concluding today’s hearing,” City Attorney spokesperson Matt Dorsey noted in a statement following the hearing.

In the meantime, a few statements made in court could shed light onto the outcome. We’ve highlighted a few of them below, along with some key questions.

Attorneys Phillip Ward and Andrew Sclar represented the ACCJC, in opposition to Deputy City Attorney Sara Eisenberg and labor lawyer Robert Bezemek, who appeared on behalf of the California Federation of Teachers.

We thought we’d present the case a bit differently, and give background to some of the main arguments and then write the main arguments attorneys made to address them. Each argument is prefaced first, and links are provided for further reading:

1. Herrera’s suit alleges that ACCJC commissioners acted improperly as advocates. That would mean they not only went beyond their role as objective accreditors, but sought to advance a political agenda against CCSF’s inclusive approach to higher education. They address that here.

Judge Curtis Karnow: All of those expression of political views, if you will, by either the staff or the commission itself, are being cited as the “true agenda” that they’re trying to unmask.

ACCJC counsel Philip Ward: There are problems, big problems, at City College of San Francisco…. all of those problems are the product of the so called “open access” mission and the new educational priorities that they’re saying are being shoved down CCSF’s throat.

Innuendo, character assassination … shows us that is what’s being targeted by the plaintiffs allegations.

City College has been kicking the can down the road for six years.

2. Herrera’s motion for an injunction argues that, even as the case is being decided, the school will suffer harm in the interim. How would this injunction soften the blow?

Judge Curtis Karnow: The real thrust of the motion seems to be that the uncertainty has generated behavior by faculty [and] students to depart, and this all stems from uncertainty harm.

When did this uncertainty harm start? How will the actions of this court affect anything? If there’s another hearing in July, won’t there be more uncertainty, even if I issue an injunction?

CFT counsel Robert Bezemek: Declarations filed show that there have already been instances that harm has already been felt. 

For example, (City College’s) radiology program is top in the nation above John Hopkins University. They’ve been given an execution date, everyone knows that. There’s an order to remove the college’s accreditation in July 31. When it got that order, students started to leave the college in droves. 

Deputy City Attorney Sara Eisenberg: We’re asking, your honor, right now for something that won’t happen until further down the road… but there’s real harm happening right now. Latest numbers show enrollment is down 27 percent.

3. Can the ACCJC base its decision to close City College on fiscal issues, rather than educational shortcomings?

CFT counsel Bezemek: We do not deny that they have financial issues… the quality of education is what they’re here (the ACCJC) to measure. But you have to find that the harm from the financial issues warrants shutting the school down the only community college in San Francisco. That it is the fundamental part of accreditation. 

Judge Karnow: So your position is that no matter what bad things the college has done, the commission can’t withdraw its accreditation?

CFT counsel Bezemek: No, we’re saying they have to show substantial evidence. 

(The ACCJC’s) ‘internal review’ is a joke. An injunction would provide huge relief.

accjc counsel

Counsel for the Accrediting Commission for Community and Junior Colleges, Andrew Sclar and Philip Ward, confer during a break at a preliminary injunction hearing regarding City College of San Francisco on Dec. 26, 2013. Photo by Sara Bloomberg

4. Is it within the ACCJC’s power to delay City College’s closure?

Judge Karnow: What if we just dropped the process now? 

ACCJC counsel Sclar: There certainly would be harm to us. If we do not enforce sanctions or bring a non compliant institution into compliance within a two year period, we would be at risk of losing our recognition with the United States Department of Education.

It’s going to have a chilling effect on all accrediting agencies.

Judge Karnow: Is there any evidence of that in the record?

ACCJC counsel Sclar: No, there hasn’t (been). 

Deputy City Attorney Eisenberg: If the people aren’t permitted to seek relief through an (injunctive) action, there’s no other recourse.

The ACCJC has demonstrated a very cavalier attitude in this case. We’re talking about closing the only community college in San Francisco. Many students don’t have access to other colleges otherwise. The relief that we are asking for here is quite modest. It has been granted before… and it didn’t do anything other than hit the pause button.

December 25 – 31, 2013

Erica Hanna
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0

WEDNESDAY 25

The Future of Farming Humanist Hall, 390 27th St, Oakl. www.humanisthall.org. 6:30-9:30pm, $5 donation. Following a potluck and social hour, this event will feature a screening of wildlife filmmaker Rebecca Hosking’s documentary, A Farm for the Future. With awareness of the looming implications of peak oil, Hosking returns to her family’s small farm in England with the aim of transforming it into a low-energy operation that is not dependent upon fossil fuels. The hour-long documentary is a valuable addition for broader experimentation with post-fossil fuel agricultural systems, showcasing pioneer farmers who are exploring alternatives like forest gardening and permaculture, while exposing the viewer to how unsustainable the current system is.

 

THURSDAY 26

Support CCSF in court State Superior Court Room 304, 400 McAllister, SF. 8:30am, free. Show your support for City College at the State Superior Court hearing on the school’s request for injunctive relief from the actions of the ACCJC, the private agency that voted to terminate CCSF’s accreditation this past summer. The lawsuit, filed by City Attorney Dennis Herrera, claims that the ACCJC’s decision was motivated by political biases, conflicts of interest and a flawed evaluation process. If CCSF is successful in court, that decision could be revoked and City College will be saved. The presence of San Francisco residents at the hearing is important because to demonstrate widespread support for this critical institution.

 

FRIDAY 27

Solidarity action for striking Korea railway workers Korean Consulate, 3500 Clay, SF. www.transportworkers.org/node/961. Noon—2pm, free. Join the Transport Workers Solidarity Committee in collaboration with United Public Workers For Action as they protest firing of 8,565 Korean railway workers. The workers, who have been on strike since Dec. 9, were terminated for striking against the privatization and union busting tactics used by the Korean government.

 

TUESDAY 31

New Year’s Eve Noise Demo Oscar Grant Plaza, 14th and Broadway, Oakland. http://tinyurl.com/NYENoiseDemo. 9:30 p.m. Free. Help bring noise to the inmates of the North County Jail this New Years Eve by marching from Oscar Grant Plaza to the jail. Those opposed to prison society are hosting a nationwide march as a sign of solidarity with prisoners across the globe, and the local manifestation of this demonstration is in Oakland.

 

Why I’m resigning from the City College board

Sasha Cuttler
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15
Why I’m resigning from the City College board

By Chris Jackson

When I worked for the state legislature, a member once told an overly ambitious guy that there are those who get into politics to be someone and those who get into politics to do something, and we have enough of the first type.

Serving on the City College of San Francisco Board of Trustees was always a means for me to work to connect underserved communities to education and eventually economic empowerment.

One of the first measures that I passed while on the board was to expand City College’s Community/Outreach Ambassador to the Mission and the Southeast campuses. Through this program, City College was better able to do outreach to underserved communities.

Be it by protecting CCSF’s GED program or child care sites, working with community leaders to continue to make the Mission campus an educational jewel to its residents, or working with Bayview advocates to ensure the Southeast campus’ survival and eventual growth, I came to the CCSF Board of Trustees on a mission to help ensure that our most vulnerable populations are given access to education as a means of equity.

Although I’ve had amazing success and even made a few mistakes along the way, I don’t want anyone to doubt my continued passion and commitment to the communities that CCSF serves. It is this passion to do something and not simply be a figurehead that has led me to the difficult decision to resign from the CCSF Board of Trustees.

The Accrediting Commission of Community and Junior Colleges, an unelected and publicly unaccountable organization, seeks to change the values and charge of City College from an inclusive, community-based and student-focused college to a simple junior college that serves the few and shares the values of the corporate education reform movement.

Even more disappointing has been our state Community College Board of Governors. Instead of performing its public-policy duties, the state Board of Governors, led by State Chancellor Brice Harris, has continued to allow itself to be bullied by the ACCJC to the point where there is a serious question of who really sets public policy for the 112 colleges in our statewide system: our publicly appointed Board of Governors or the unelected, unaccountable private ACCJC.

It pains me to see the scope of our class offerings pared back, our community-based campus continually threatened with closure, much-needed academic counselors laid off, and our Second Chance program for ex-offenders with an over 900-student waiting list. It pains me even more to be sidelined by Harris and our public Board of Governors and watch them shrink and cower to the power of Barbara Beno and her private ACCJC.

But in the face of this challenge to our public education, I see hope. Students like Trustee Shannell Williams, Student President Oscar Pena and former Trustee William Walker rallying students to stand up for their public education give me hope. The American Federation of Teachers Local 2121 and the Save CCSF coalition have become rallying points not just for the immediate CCSF community, but for the larger SF community. Their bravery in the face of the withering attacks on public higher education should be commended and be a model that others should follow. At this moment, there exists the base for a long-lasting coalition of students, educators, and community fighting for the high-quality, affordable education.

Thank you for the opportunity to do something to make an impact in people’s lives. Thank you for allowing me the opportunity to serve on the City College of San Francisco Board of Trustees.

Chris Jackson was elected to the CCSF Board of Trustees in 2008.

 

City and teachers seek injunction against City College closure

Sasha Cuttler
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16
City and teachers seek injunction against City College closure

The plan to save City College of San Francisco took a proactive turn yesterday (Mon/25) as two separate-but-similar preliminary injunctions were being sought against the Accrediting Commission for Community and Junior Colleges (ACCJC). 

The injunctions, filed for yesterday by City Attorney Dennis Herrera and the California Federation of Teachers (CFT), would seek to keep the embattled school open for at least the duration of the impending litigation. A judge will consider the requests next month. 

The two sought-after injunctions come in the context of the civil lawsuits filed by both groups back in August, and would prevent the ACCJC from stripping CCSF’s accreditation on July 31, 2014, in addition to keeping the school both accredited and open while the civil lawsuits are heard and legislative challenges play out. ACCJC representatives didn’t return our calls for comment. 

Both the City Attorney’s Office and the CFT lawsuits hinge on the August findings of the US Department of Education. The determination made then said that the ACCJC violated two separate provisions of federal law: Failing to maintain effective controls against conflicts of interest and failing to have reasonable academic representation amongst the evaluation teams tasked to evaluate the school. 

If those two violations are upheld in federal court, then the City Attorney’s Office will simply need to prove that the “balance of harm” is negatively swinging toward the students of CCSF. And that unjust balance isn’t an under-the-rug number: 80,000 students go to CCSF, while 19 board members work at the ACCJC, something they do whether or not CCSF is open. Conversely, it’s not like those 80,000 students have 80,000 places to go. 

Both the CFT and the City Attorney’s Office are confident that the injunction will be granted by a San Francisco Superior Court judge, an arena of equitable governing both groups say hasn’t been seen from the ACCJC.

“We were trying to figure out our options. How do we defend the college?” said Alisa Messer, AFT Local 2121 president and English teacher at CCSF. “So how do you get a fair hearing? How do you get due process? Unfortunately the courts are the only way to do that under this scenario.”

If either interim injunction is granted by the courts, the school wouldn’t be stripped of its accreditation on July 31 — the ACCJC-appointed Doomsday for an educational institution that contributes nearly $300 million a year to the local economy, among other things — pending conclusions of the underlying court cases, which could take years. That would allow CCSF to offer at least a fall course-load. The injunction would also put the recently-maligned accrediting agency’s authority on hold.

And while an injunction simply delays the final determination and extends the school’s accredited status, both the city’s and the CFT’s plan to hold up the final determination elegantly mirrors the strategy most assume the ACCJC is employing.  

“What we’ve seen is the ACCJC essentially engaging in delay tactics,” said Therese Stewart, chief deputy of the City Attorney’s Office. “This [injunction] isn’t to resolve the whole thing, but rather to freeze the situation so it doesn’t get worse.”

According to a press release from Herrera’s office, the injunction would also, “prevent the Novato, Calif.-based ACCJC from taking similarly adverse actions against other California colleges until its policies and practices fully comply with state and federal law.”

But even if they can implore the ACCJC to reinstate CCSF’s accreditation, Messer says that the injunction the CFT filed on Monday is about much more than “stop gap measures.”

“Actually, I see it as much more than that. It’s not just about getting an injunction for what happens on [July 31, 2014],” said Messer. “This about getting an injunction now, to stop the actions toward closing the college and toward taking our accreditation. Now. Not for July, for right now. Because what we’re seeing is harm being done to the college even as we speak.”

The harm Messer is referring to isn’t just accreditation-related. She says that the reputation of a school is as important as anything, and right now students are unsure of the status of CCSF.

“It’s not about sitting on our hands and waiting and hoping that some of these things will right themselves,” said Messer. “It’s about saying that right now, because of the harm being done to the college, that we need San Francisco to know, and we need everybody to know that this college will not be closing.”

 

Schooled

Michael Redmond
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10
Schooled

joe@sfbg.com

Federal politicians are blasting the commission that would close City College of San Francisco, calling the entire accreditation process a debacle.

At a forum US Rep. Jackie Speier (D-SF) and Rep. Anna Eshoo (D-Palo Alto) convened at City College on Nov. 7, Speier trumpeted what local advocates have said all along: The evaluation of CCSF was bungled, lacked transparency, and violated federal education regulations, all pointing to a desperate need for reform of its accreditors.

Accreditation has been the means to check the quality of education in colleges, but now a growing chorus of critics says the process can be used to carry out an ideological agenda and usurp local control (“Whose college?” Aug. 13).

Yet upending the accreditation process could also have unintended consequences, perhaps letting corporate and conservative interests seize the chance to implement their long-simmering agendas.

Either way, it is beginning to look like the fight to save City College could end up being about more than just City College.

 

ACCJC UNDER FIRE

The Accrediting Commission of Community and Junior Colleges keeps a watchful eye on the community colleges of California, Guam, and Hawaii. After a six-year review, the ACCJC this summer rocked City College by terminating its accreditation, pending appeals before the sentence is carried out in July 2014.

At the forum, Speier said the debacle with the ACCJC signaled a need to reform accreditation on a national level, citing a lack of public accountability.

“I think the ACCJC has run amok, they have lost their vision — if they ever had one,” Speier said in an interview after the forum. “They are riddled with conflicts of interest and arbitrariness.”

Teachers, faculty, and education advocates packed City College’s Diego Rivera Theater, all cheering at every jibe toward the ACCJC. Pressure on the group is mounting. A third lawsuit against the body was announced the day of the forum, this one filed by the activist group Save CCSF.

But Speier sees the problems as stemming from the US Department of Education, which she said needs the tools to correct problems at the ACCJC, something she plans to meet with Education Secretary Arne Duncan to discuss.

“The Department of Education only has one hammer, and that is to deny the ACCJC certification,” she said.

The group is slated to undergo this evaluation in December, which could spell its end. But if the fight for City College sparks a change in accreditation nationally, what would take its place?

There are wolves at the door of the US education system, for-profit colleges with a history of taking vulnerable students to the bank with nothing to show for it. And they want accreditation reform too.

 

THE DEVIL YOU KNOW

The ideological argument between the ACCJC and City College is taking place nationally.

President Obama called for a change to college accreditation in his last State of the Union speech, calling for higher graduation and transfer rates for community colleges (see “Who killed City College?” July 9).

One of the biggest cheerleaders of the president’s reform is the American Enterprise Institute, a conservative think tank. At a conference it held on accreditation last month, AEI and its partners lampooned accreditation as it stands now.

“This is a system that is flawed, unable to deal with the rapidly changing higher education landscape,” Anne D. Neal, a partner of the American Council of Trustees and Alumni, a national education reform group, said at the conference. “If meat inspections were as loose as college accreditation… most of us would have mad cow disease.”

On the surface, the critique seems reasonable. More people should transfer, and more people should graduate. But how colleges get those numbers is the challenge. The ACCJC asking City College to jettison students not aiming for a higher degree was just the start, one higher education watchdog told us.

“There are people on both sides saying that accreditation is broken. The White House is pushing this, as are Republicans. You almost never hear that,” Paul Fain, a reporter for Inside Higher Ed, told the Guardian.

But the reform may lead to the transformation of accreditation, allowing tech companies and long distance online learning universities to bypass the process entirely.

Accreditation is seen as “holding back innovators who are trying to transform the Internet,” Fain said.

These “innovators” are largely for-profit colleges that want to offer single courses or shortened courses online, like the Minerva Project or Straighterline, both online universities lobbying Congress to loosen accreditation requirements.

But for-profit colleges have been attacked nationally for their abysmal job placement rates, and their graduation rates aren’t much better. A widely circulated 2010 report by the think tank Education Trust found that for-profits in the U.S. had a graduation rate of 22 percent.

And with many of those for-profits fighting for accreditation reform by Congress, it’s unclear how a push to reform accreditation from Speier would aid or stall them.

 

FEAR FACTOR

ACCJC President Barbara Beno said that City College is having problems facing reality. Beno would only speak with the Guardian by email through a representative. She defended the accountability of the ACCJC, saying that her doors were always open.

“Colleges don’t need a forum like that held on Nov. 7; they can write to the commission at any time, or ask to address the decision-making commissioners at one of their two meetings each year, or can call up the commission chair or president,” Beno wrote.

“Instead of joining forces to help improve City College, many purported supporters of the college are bent on disrupting the ACCJC operations. It is simple to blame the messenger of bad news,” she wrote. “People unhappy with the commissioners’ decisions are targeting [me] for doing [my] job.”

But Rafael Mandelman, a newly elected member of CCSF Board of Trustees, told those assembled at the forum that ACCJC was unprofessional and unduly punitive: “I went from ACCJC agnostic, to skeptic, to foe”

Dr. Sarah Perkins, vice president of instruction of Skyline College, told the forum that ACCJC is hard to work with.

“I came here to California after spending 25 years in the middle part of the country under the Higher Learning Commission,” she said, contrasting that accrediting agency with the bullying done by ACCJC. “That I even feel like I’m putting my college at risk by speaking at this forum speaks volumes.”

Indeed, the ACCJC even makes criticism of the agency or its methods grounds for a revocation of accreditation, making “collegiality” part of its “policy on institutional integrity and ethics.” CCSF Special Trustee Bob Agrella in September cited that as one reason not to criticize the agency.

Sen. Jim Beall and Assemblymember Tom Ammiano were also in attendance at the forum, and promised to continue the fight at the state level to preserve City College. The Joint Legislative Audit Committee is evaluating ACCJC at the request of those legislators and Sen. Jim Nielsen (R-Gerber).

“We will kick a lot of butt, with class, of course,” Ammiano said.

And would City College close down? “It’s not going to happen,” Speier said to the cheering crowd.

Zombies to attack City Hall! UPDATED

Sasha Cuttler
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50

We in the Bay Guardian newsroom have just received word of an impending zombie attack on City Hall. I repeat: Zombies are planning to attack City Hall this afternoon! [Updated coverage from the scene below]

Oh, wait, it looks like it’s actually going to be City College of San Francisco students and supporters — dressed as zombies and other Halloween creatures — that will be descending on City Hall around 4pm today (Thurs/31). Okay, maybe this isn’t as big a deal as an actual zombie attack, but it’s still newsworthy.

The faux-zombies came to see Mayor Ed Lee to demand that he stop supporting the state takeover of CCSF and that he stand up for local control over this important, low-cost educational institution. The San Francisco-elected college’s board of trustees’ powers were given to Special Trustee Bob Agrella, who was in turn appointed by the California Community College Chancellor Brice Harris.

At the rally Alisa Messer, CCSF’s local faculty union president, called for Lee to push for the board’s reinstatement.

“We’re calling on Mayor Lee to ask the state chancellor to restore democracy at City College,” Messer said, “We want our board restored next year. Not two years from now, not three years from now, next year!” 

She also called on the mayor to demand that Accrediting Commission for Community and Junior Colleges restore CCSF’s accreditation immediately.

Christine Falvey, the mayor’s spokesperson, wrote in an email to the Guardian that the mayor supports efforts to save CCSF — but only the ones he thinks will work.

“The mayor has said these are difficult times for the college, but that this is the time to commit to true reforms,” she wrote. “The mayor wants to focus his efforts on activities that will ultimately help the college stay open.” 

When asked if the mayor supported City Attorney Dennis Herrera’s lawsuit against the ACCJC meant to stop the closure of CCSF, she responded that the lawsuit may “go up and beyond” critical deadlines to save the college. The mayor has so far shown no support for any of the efforts to combat the ACCJC, despite multiple lawsuits against the accreditors as well as condemnation from the U.S. Department of Education of their practices.

The zombie march will began at 3:30pm, at the CCSF Downtown Campus, 750 Eddy Street, and hundreds of protesters arrived at City Hall around 4pm — to see if there’s anyone in City Hall with any brains.

 

 

Fight to save City College grows teeth and bites back

Sasha Cuttler
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Fight to save City College grows teeth and bites back

Saving City College of San Francisco became a bigger battle yesterday when the California Federation of Teachers announced a lawsuit in San Francisco Superior Court to keep CCSF open.

The suit is directed against the Accrediting Commission for Community and Junior Colleges, which pronounced the college’s death sentence July 3 by promising to revoke its accreditation in a year, without which a school cannot receive state funding and its students cannot get federal loans. 

Now, the ACCJC finds itself the institution under investigation by the feds and even City Attorney Dennis Herrera, and the CFT lawsuit is the latest legal challenge to the accreditors. 

The CFT charged the accrediting commission with using unfair and illegal business practices in its efforts to abolish City College. When asked for a statement about the impending lawsuit, ACCJC representative Tom Lane declined to comment.

“The ACCJC must be held accountable for their reckless, irresponsible and illegal actions,” CFT President Joshua Pechtalt explained at the Sept. 23 press conference held on the steps of City Hall, where the suit was announced. More importantly, Pechtalt said, winning this lawsuit could potentially stop the closure of CCSF.

A group of students, faculty, and elected officials stood with Pechtalt on the stone steps. One by one, they enumerated the improper activities that will be the basis of their lawsuit against the ACCJC: failing to adhere to its own policies and bylaws, violations of state and federal laws, and sanctioning CCSF without just cause.

Assemblymember Tom Ammiano said that the illegal behavior must stop here and now.

“The blatant lack of transparency, the loose interpretation of the rules, all seen through a lens of hubris and elitism, cannot continue,” he said. “San Francisco is our backyard and the college is our treasure.”

While Ammiano admitted that CCSF is not without its flaws and areas in need of improvement, he was quick to assert that closing the college was not the solution. “Stay out of our backyard unless you have something constructive to say,” he declared.

CCSF Student Trustee Shanell Williams assured the crowd that the lawsuit would be won. “The diverse population of the San Francisco Bay Area, including working families, single parents, new immigrants and others, depends greatly on this college being here,” she said. “If we lose City, we are going to be on our way to being an indentured, working class state.”

If the ACCJC succeeds in San Francisco, it will pave the way for identical treatment of other schools across the state, Williams said. Likewise, CCSF triumphing over the commission would be a victory for every community college in California.

Sup. David Campos also recognized the vital importance of CCSF’s continued existence. “We cannot have the American dream alive in San Francisco if City College closes,” he said. “This fight is about the soul of our city. ”

The US Department of Education has cited the ACCJC for failing to follow its own rules and procedures. A month ago, the Joint Legislative Audit Committee began investigating the commission. The following day, Herrera filed a lawsuit against the ACCJC, claiming it had illegally allowed its advocacy and political bias to prejudice its evaluation of college accreditation standards.

A new report released by the city’s Budget and Legislative Analyst on Sept. 16 detailed the economic impact to San Francisco if City College were to close. The report was requested by Supervisor Eric Mar. We’ve detailed some of the report’s findings in the infographic below. 

ccsf closure infographic 

 

Changing the narrative

Michael Redmond
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Changing the narrative

news@sfbg.com

Three distinct players with three distinct strategies for saving City College of San Francisco showed their hands last week, all centered around the Accrediting Commission of Community and Junior Colleges, which plans to revoke City College’s accreditation in less than a year.

City Attorney Dennis Herrera filed a lawsuit against the ACCJC, state lawmakers are revving up to investigate it, and City College Super Trustee Bob Agrella is doing his best to quietly meet the accreditor’s standards.

Whether any of the approaches will save the school is anyone’s guess, but one thing’s for sure: In the process of saving City College, its accreditation agency has gone from an unknown bureaucracy to a polarizing political punching bag.

 

HERRERA FILES SUIT

Herrera threw a right hook at the ACCJC on Aug. 22, announcing his lawsuit to stop them from closing City College. It offers a scathing critique of the accreditation agency and those whose agenda it is pushing.

The ACCJC said City College failed to meet certain standards by its deadline last July, leading the agency to order its closure in exactly one year. Since then, enrollment at the college of 85,000 students plummeted and the school is fighting for its very existence. Now Herrera is saying that closure action was improper, unwarranted, and out of line with the agency’s prior actions.

Herrera’s suit alleges the ACCJC unlawfully allowed its advocacy and political bias to prejudice its evaluation of college accreditation standards. “It is a matter of public record that the ACCJC has been an advocate to reshape the mission of California community colleges,” Herrera said at a press conference.

The agenda he said it was advocating for is the completion agenda, which was the focus of our July 9 cover story, “Who Killed City College?” Essentially, it’s the move to force community colleges to focus on only two-year transfer students at the expense of so-called “non-credit” classes, which can be lifelong learning skills or English as Second Language classes.

“There’s a reason judges aren’t advocates and advocates aren’t judges,” Herrera said. “We should have a problem when an entity charged with evaluation engages in political advocacy.”

 

City College avoided those reform efforts from the state for years, and Herrera alleges that the ACCJC tried to sanction City College because of that resistance.

ACCJC President Barbara Beno was not available for comment. In a statement, the agency said it was surprised to learn Herrera filed a suit against the ACCJC, and that the suit appears to be “without merit” and an attempt to “politicize and interfere with the ongoing accreditation review process.”

Herrera may be playing cowboy, guns aimed right at the ACCJC, but he also said he doesn’t want the agency to close, just to clean up its act and be accountable. But on the other side of the OK Corral, an investigation by the California Legislature is under way — and it may be sizing up a coffin for the ACCJC.

 

JLAC VS. ACCJC

Just a day before Herrera announced his lawsuit, the California Joint Legislative Audit Committee voted to investigate the accrediting commission. The audit committee is a legislative fact-finding body usually staffed by former investigative journalists, and the senators who asked for the hearing were out for the ACCJC’s blood.

“The stakes are high and the commission’s power is absolute,” Sen. Jim Beall, D-San Jose, told the audit committee. He then outlined the danger of losing community colleges that faced closure at the hand of the ACCJC.

Sen. Jim Nielsen, R-Gerber, was much more direct. “Sen. Beall and I met with (ACCJC) President Barbara Beno in my office,” he said. “In all my career, in my thousands of meetings with agency individuals, representatives, secretaries, etcetera, I have never met with such an arrogant, condescending individual in her response to Sen. Beall and I. That attitude reflected in such a senior person raised huge red flags for me.”

 

In public comment, Assemblymember Tom Ammiano, D-SF, noted that recently the U.S. Department of Education upheld the California Federation of Teachers’ complaints that the ACCJC process “is guilty of no transparency, little accountability, and conflict of interest.”

Then it was the ACCJC’s turn to defend itself. Beno was unable to attend, but ACCJC Vice President Krista Johns and Commissioner Frank Gornick were there instead.

Gornick defended the accrediting commission, saying it was “rigorously” evaluated every six years. Ultimately, the committee voted 10-1 to investigate a number of mysteries regarding the ACCJC: how it stacks up to the five other accrediting bodies nationwide, determining the ACCJC’s compliance with open meeting laws (it denied public access to a recent “public meeting,” also barring a San Francisco Chronicle reporter), and an evaluation of the fairness in how the agency issues sanctions.

 

MEET THE NEW BOSS

Amid the state and city level battles over City College, one key player prefers to work quietly. Super Trustee Bob Agrella, tasked by the state to take over the power of City College’s Board of Trustees and save the college, feels his hands are tied.

“My job is to play within the rules and regulations of the ACCJC,” Agrella told the Guardian. Sitting in his office at City College’s Ocean Campus, he pointed out that the accreditation agency actually has a rule that says colleges have to be on amicable terms with the ACCJC — or else.

“One of the eligibility requirements is the college maintains good relationship with the commission,” Agrella said. Notably, if City College fails to meet its requirements, it won’t be able to keep its accreditation in its evaluation next July.

So while Herrera and JLAC can blast the ACCJC, Agrella feels like he needs to remain neutral or he could blow City College’s chances at staying open.

If he were to try battling the commission on its rules, Agrella told us, he would do it within the framework of the ACCJC’s own policies. But it’s exactly those policies that Herrera said the ACCJC is violating.

The lawsuit from Herrera’s office alleges, among other things, that the evaluating team that ACCJC sent to review City College was stacked with the school’s political enemies from a body called the California Community College Student Success Task Force, which City College loudly and publicly opposed (full disclosure: as a former City College student, I spoke against the Task Force at a hearing in January 2012, and that public testimony is cited in Herrera’s lawsuit).

The ACCJC’s president, Beno, wrote multiple letters to state agencies in support of the Task Force’s recommendations, the suit alleges. This action contradicts the ACCJC’s conflict of interest policy, according to the suit, which defines a conflict as including “any personal or professional connections that would create either a conflict or the appearance of conflict of interest.”

So if the ACCJC won’t play by the rules, shouldn’t Agrella support the actions of Herrera and JLAC to resist the ACCJC’s decree?

“In fairness to the people taking these actions, they feel time is of the essence,” Agrella said. “I just happen to, respectfully, disagree with it, because my job is not to push the (ACCJC). My job is to try to retain accreditation.”

But it’s becoming increasingly clear that the ACCJC may not be the only body that will decide the fate of City College.

Chronicle: Don’t question the City College takeover, just submit to the flawed ACCJC

Sasha Cuttler
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71
Chronicle: Don’t question the City College takeover, just submit to the flawed ACCJC

I have very low expectations from editorials in the San Francisco Chronicle, which generally share a worldview with the Chamber of Commerce and carry water for some powerful Establishment figure or another. But today’s editorial on City Attorney Dennis Herrera’s lawsuit defending City College is so bad and illogical that it reads like an Onion parody of a Chronicle editorial.

Clearly put up to it by some of the most reactionary figures in the Mayor’s Office, Chronicle Editorial Page Editor John Diaz or one his lackeys parrot the submissive stance that Mayor Ed Lee has taken toward outsiders with corporatist agenda that have seized control of City College and sought to make a high-profile example of it.

“The city’s leaders should be calling for tough love, not coddling dysfunction. Fortunately, Mayor Ed Lee has done just that – but, regrettably, the city attorney is going in the opposite direct [sic],” the Chronicle wrote.

And by “tough love,” they apparently mean obedient and unquestioning compliance with an obscure accrediting agency’s demand that City College slash community-based curriculum; close facilities relied on by both students and local nonprofit groups; rip up contracts with faculty and force instructors to live on part-time wages; distill course offerings down to just what serve corporations, universities, and banking interests; and other aspects of an educational agenda that hasn’t been properly vetted in public hearings or approved by any elected body.

Herrera is to be applauded for pointing out the overreach and conflicts-of-interest on the Accrediting Commission of Community and Junior Colleges, which were also recently criticized by the US Department of Education. And we’re excited to see what Herrera uncovers during the discovery process in his lawsuit against a secretive, corporate-connected, document-shredding agency that broke its own internal rules in its treatment of City College.

The Chronicle graciously refers to these unavoidable facts in a brief paragraph, writing that the ACCJC “is not without flaws. It’s secretive, and its internal policies drew a rebuke from the U.S. Department of Education after City College faculty filed complaints about its conduct.”

But then it dimisses that and shows a suspicious incuriosity about why the ACCJC is being so secretive and what its agenda might be, instead doubling down on criticizing City College in a way that is so over-the-top that this fine institution is unrecognizable to anyone who is actually familiar with it, which Diaz and company clearly aren’t.   

“The needed changes include hiring a comptroller to organize financial controls, making sure students pay for classes, and overhauling a loose-fit governance system that puts faculty, students and staff in charge of operations with inadequate administrative controls. Lee has strongly endorsed an overhaul of City College’s ramshackle operations,” the Chronicle writes.

Unlike us here at the Guardian, where I’ve written two recent editorials in support of democracy and local control and critical of Lee and others who have been too quick to cooperate with the toppling of the locally elected Board of Trustees, the Chronicle apparently believe in more authoritarian methods of governance.

“The first repairs are now under way. The powers of the elected community college board are on hold, and a special trustee dispatched by state Community College Chancellor Brice Harris is in charge,” the Chronicle writes.

And as we report in our upcoming issue, that special trustee also has no interest in questioning the ACCJC’s process or methods or even allowing the public to review internal communications. It’s a shame that bootlickers like Lee and the Chronicle have sold out such an important local institution to their corporate masters, but luckily for San Francisco, Herrera, the California Federation of Teachers, the Guardian, other progressive media voices, and hundreds of our community partners aren’t giving up so easily, instead pushing for an open, truthful, democratic, and transparent discussion about City College’s mission and its future.

SF City Attorney Dennis Herrera sues to keep City College open

Erica Hanna
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49

City Attorney Dennis Herrera filed a suit today to block City College of San Francisco’s accreditation agency from closing down the school.

The accreditation agency, the Association of California Community and Junior Colleges, moved to put City College on a sanction last July that would lead to its closure in exactly one year. Since then, enrollment at the college has plummeted and the school has been in the fight for its very existence. Now Herrera is saying that closure action was improper, unwarranted, and out of line with the agency’s prior actions.

Herrera’s suit alleges the ACCJC unlawfully allowed its advocacy and political bias to prejudice its evaluation of college accreditation standards, he said. “It is a matter of public record that the ACCJC has been an advocate to reshape the mission of California community colleges,” Herrera said, and that was the basis of his suit.

The ACCJC cannot be advocates for change in the higher education system, he said. “There’s a reason judges aren’t advocates and advocates aren’t judges,” he said. “Now we have no problem with the right of others to advocate an agenda against the open access mission… but we should have a problem with an entity charged with evaluation engages in political advocacy.”

Notably, the ACCJC wanted City College to shrink its mission, concentrating its money on students who could transfer easily to four year institutions from City College, which many advocates say would leave students learning trades, new English learners, and other disenfranchised students in the dust. You can see our coverage on that here.

Above: Text of Herrera’s suit and a press release with more information, courtesy of Sara Bloomberg, reporter for City College’s newspaper The Guardsman.

 

Herrera also filed an administrative action against the California Community College Board of Governors, saying they had abandoned their role as the check and balance on community colleges, and left it to a private institution that was unaccountable to the public (for full disclosure, I am named in Herrera’s suit on pages 16 and 18 for my role advocating against the Student Success Act of 2012 to the Board of Governors. I was a student at the time, not a professional reporter, and I have no personal stance on the future of the ACCJC). The Board of Governors oversees the 112 community colleges in California, the largest body of community colleges in the country. 

Alisa Messer, the faculty union president of City College, agreed that the Board of Governors should not be abdicating its policy and oversight role. 

“No outside, unaccountable agency should be making up its own rules or setting policy for our state’s colleges,” she said. 

City College Trustee Rafael Mandelman applauded action against the ACCJC.

“At this point I think it absolutely critical the ACCJC is not in the driver’s seat making these decisions, they’re not fit to do that,” he told the Guardian.

This past Tuesday City College submitted review documents to the ACCJC attesting to why it should be allowed to stay open and accredited, and Therese M. Stewart, the chief deputy city attorney, said that while they sent an order to ACCJC not to destroy documents, they had not yet obtained any documents yet. “We haven’t actually sought documents yet from the ACCJC, we asked them to not destroy documents so that we may seek them later,” she said. “Eventually we will get them.”

City College’s judges get judged

Erica Hanna
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10
City College’s judges get judged

City College of San Francisco had its accreditation revoked by the Accrediting Commission of Junior and Community Colleges in July, and now the ACCJC is getting a taste of its own medicine — its own existence has been threatened over its treatment of City College.

In an Aug. 13 letter to ACCJC President Barbara Beno, the Department of Education found it out of compliance with the Education Secretary’s regulations governing accrediting agencies, as well as the ACCJC’s own internal rules.

“Therefore, we have determined that in order to avoid initiation of an action to limit, suspend or terminate ACCJC’s recognition, ACCJC must take immediate steps to correct the areas of non-compliance in this letter,” the letter reads.

The DOE found the ACCJC noncompliant in four areas: A conflict of interest because Beno’s husband served on the visiting team that evaluated City College, no clear policies on who should serve on those teams (with the letter noting the teams were stacked with administrators rather than educators), no defined distinction between “deficiencies” and “recommendations” or indication of their severity levels, and failure to give CCSF two years to correct those deficiencies, as ACCJC policies call for.

Ironically, the ACCJC has plenty of time to correct its own shortcomings. “The process in this case is that ACCJC will have an opportunity to provide information about the steps it has taken to come into compliance with the cited criteria in its response to the draft staff analysis of the agency’s petition for renewal of its recognition, which is currently under review,” DOE spokesperson Jane Glickman told the Guardian, noting that there will be a hearing in mid-December, with possible actions ranging from limiting the agency’s authority to giving it another year to come into compliance.

But she said the DOE can’t directly help City College: “The Department does not have the authority to require an agency to change any accreditation decision it has made. The agency (ACCJC) needs to amend its policies and procedures and provide documentation that it follows its amended policies and procedures to demonstrate that it is in compliance with the cited criteria.”

The California Federation of Teachers, which filed the appeal with the DOE, wants the ACCJC to reconsider its sanction of City College in light of these validated concerns over its process.

“We are gratified that the U.S. Dept. of Education agreed with us that the process was deeply flawed, and we call on the ACCJC to rescind its unprecedented decision to deny accreditation to CCSF,” CFT President Joshua Pechthalt, wrote in a press release.

But ACCJC Vice President of Policy and Research Krista Johns told us that DOE’s concerns were narrow and shouldn’t affect its actions against City College:”The overall result of the US Department [of Education]’s analysis and study of the documents presented by the CFT about the ACCJC really affirmed that we are in compliance to a very large degree with all of the many regulations that touch on accreditors.”

But it’s still an open question whether the DOE’s findings will affect the decision to revoke City College’s accreditation and turn control over the institution to a state-appointed special trustee.

“We’re still analyzing the letter. There’s a lot in there,” Paul Feist, spokesperson for the State Community College Chancellor’s Office, told us. “I don’t know if it could say there is any reprieve [for City College]. Regardless, there are a number of problems with City College that need fixing.”

But even a cursory analysis of the letter reveals something that raises suspicions about the integrity of the entire process: the DOE letter raises concerns about why the ACCJC chose to go beyond its own policies to sock it to City College.

The college’s appeal ultimately is in the hands of the new Super Trustee of City College, Bob Agrella, who acts with all of the powers of the college’s now defunct board. But Agrella has, in past interviews, agreed with the way the ACCJC is run.

“I think the way the commission operates is okay,” he told City College’s newspaper, The Guardsman. “I’ve dealt with their policies and operating procedures at other institutions where I worked that were dealing with addressing accreditation problems—not to the same degree as here at City College—and the process worked there.”

But Karen Saginor, the ex-City College academic senate president, said the DOE criticism of the process should be taken into account in the appeal of the accreditation revocation decision.

“It’s pretty exciting, that letter,” Saginor told the Guardian. “It’s recognition from an important authority that there are irregularities in the process that put us on show cause. We’ve been saying ‘it wasn’t fair.’ And we’ve been told ‘its a totally fair process, you’re just not happy because you don’t like the result.’ Now we have an important authority verifying what we’ve been saying.”

Protect local power and control

Michael Redmond
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30

EDITORIAL There’s a growing stench of political corruption — or, at the very least, hidden agendas aimed at subverting popular will in favor of entrenched corporate interests — emanating from the Mayor’s Office these days. And it’s undermining projects and institutions that are vital to the future of San Francisco.

In the last week, a pair of important developments illuminated the shady way business gets done in San Francisco. The first instance concerned City College of San Francisco, which had its accreditation rashly revoked last month, prompting Mayor Ed Lee to enthusiastically support the disbanding of the locally elected Board of Trustees and the takeover of City College by state-appointed outsiders bent on shutting down community-based facilities and classes.

While Lee and the San Francisco Chronicle have been cheerleading this loss of local control and the corporatist agenda behind it — CCSF was criticized for resisting the narrowing of its mission to focus on job training and college prep — we at the Guardian have questioned this process and the motives behind it.

In a cover story (“Who killed City College?” July 9), editorial (“Why democracy matters,” July 23), and other coverage, we’ve highlighted how the attack on CCSF is part of national movement to focus schools on job training rather than broad-based education, and questioned the haste with which CCSF’s local leadership was usurped.

Critics mocked these concerns, as they did those of the California Federation of Teachers, which formally challenged the actions by the Accrediting Commission of Community and Junior Colleges, with Lee and others saying that we need to just accept the death threats against CCSF and do whatever these outsiders are asking.

So on Aug. 13, when the US Department of Education sustained the CFT appeal and found the ACCJC in violation of federal regulations and its own internal standards in its approach to City College, it validated our concerns and called into question Lee’s hair-trigger abandonment of City College’s local leaders.

Frankly, we’re puzzled by Lee’s approach to City College — from his appointment of right-wing ideologue Rodrigo Santos as a trustee last year (who subsequently got trounced in the election) to his resistance to helping the college before the state takeover — but we suspect it’s connected to Lee’s focus on “jobs, jobs, jobs” to the exclusion of other issues and values.

But Lee only counts private sector jobs, not those created to serve the public interest like the thousands of jobs that would be created by CleanPowerSF, a program that Lee opposes and that his appointees to the SF Public Utilities Commission are actively subverting.

As we report in this issue, CleanPowerSF is a renewable energy program approved last year by a veto-proof majority on the Board of Supervisors, but it’s being blocked by the SFPUC’s refusal to approve the rates and sign the contracts, with commissioners raising concerns that go well beyond their purview at this point.

It’s time for Mayor Lee to start serving the people of San Francisco instead of the corporate titans and political benefactors who elevated this loyal career bureaucrat into the big chair in Room 200.

 

*UPDATED 8/15* Tables turned: Department of Education finds City College’s accreditors out of compliance

Erica Hanna
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*UPDATED 8/15* Tables turned: Department of Education finds City College’s accreditors out of compliance

UPDATE 8/15, 7PM: The U.S. Department of Education got back to the Guardian to explain their letter in further detail, answering the questions “Can the Department of Ed. reverse the decision to revoke City College’s accreditation?” and “How likely is it that the ACCJC will be closed by the Department of Ed.?”

Their answers, via spokesperson Jane Glickman: “The Department does not have the authority to require an agency to change any accreditation decision it has made.  The agency (ACCJC) needs to amend its policies and procedures and provide documentation that it follows its amended policies and procedures to demonstrate that it is in compliance with the cited criteria. During the past few years, a small number of agencies have withdrawn from the recognition process after having been found out of compliance with a large number of criteria rather than facing a decision to deny their request for a renewal of recognition. A few agencies have had their recognition limited for a period of time.”

And how likely is i the ACCJC will be closed? “The language in the letter is standard whenever we find an agency out of compliance with any criteria because of the statutory requirements.  The process in this case is that ACCJC will have an opportunity to provide information about the steps it has taken to come into compliance with the cited criteria in its response to the draft staff analysis of the agency’s petition for renewal of its recognition, which is currently under review. The Assistant Secretary is required to make a decision within 90 days of the National Advisory Committee on Institutional Quality and Integrity (NACIQI) meeting.  The meeting is scheduled for mid December.   Possible decisions include:
* continuing the agency’s recognition and requiring the agency to come into compliance with the cited criteria within 12 months and to submit a compliance report 30 days thereafter for review (as described above)
* limiting the agency’s recognition in some way
* denying the request for renewal of recognition
In making such a decision, the Assistant Secretary would take into consideration the severity of the compliance issues and potential impact on the agency’s being a reliable authority as to the quality of the education provided by the entities it accredits.  It would not be based merely on the number of citations.” END UPDATE

City College had its accreditation revoked by the Accrediting Commission of Junior and Community Colleges this past July, and now the ACCJC is getting a taste of its own medicine — its own existence has been threatened over its treatment of City College.

[Editor’s Note: This story may have major implications as far as City College’s future accreditation status. We posted this ASAP, but will be adding more information from sources as the news develops. Refresh this page for the newest info.]

In a letter to the accrediting commission of the West, the ACCJC, the Department of Education found it out of compliance with the (Education) Secretary’s Criteria for Recognition, a set of national education standards all accrediting bodies are held to. 

And the ACCJC’s non-compliance with those four standards could lead to its termination. 

From the letter: “Therefore, we have determined that in order to avoid initiation of an action to limit, suspend or terminate ACCJC’s recognition, ACCJC must take immediate steps to correct the areas of non-compliance in this letter.”

The DOE found the accrediting commission, ACCJC, noncompliant in four areas: A conflict of interest as the president, Barbara Beno, had her husband serve on the visiting team that evaluated City College, no clear policies on who should serve on those teams, no clear distinction between “deficiencies” and “recommendations,” and what the severity level for those would be, and for not following their own policies on a two-year timeframe to correct those deficiencies. 

Krista Johns, vice president of policy and research at the ACCJC, talked to the Guardian, painting the DOE letter in a positive light.

“The overall result of the US departments analysis and study of the documents presented by the CFT about the ACCJC really affirmed that we are in compliance to a very large degree with all of the many regulations that touch on accreditors,” Johns said.

The California Federation of Teachers had a different take on the letter. “We are gratified that the U.S. Dept. of Education agreed with us that the process was deeply flawed, and we call on the ACCJC to rescind its unprecedented decision to deny accreditation to CCSF,” wrote CFT President Joshua Pechthalt, in a press release. 

But will the DOE’s findings halt the decision to revoke City College’s accreditation? That’s the $200 million question, and its all too soon to have any decisions drawn yet, said Paul Feist, spokesperson for the State Community College Chancellor’s Office.

“We’re still analyzing the letter. Theres a lot in there,” he said. “I don’t know if it could say there is any reprieve (for City College). Regardless there are a number of problems with City College that need fixing.”

But even a cursory analysis of the letter reveals something that could truly turn everything around: The DOE letter could be seen as saying that the institution is out of compliance with its own policies, which is huge. And it raises the question of why the ACCJC chose to go beyond its own policies to sock it to City College.

The letter basically says that the ACCJC treated “deficiencies” found in 2012 with enough gravity to begin revoking the college’s accreditation, but did not find them serious enough to follow its own procedure of only allowing two years to correct those same deficiencies, which the ACCJC found in 2006.

Basically, the ACCJC is contradicting itself, the DOE wrote, leading to the question: “Were they even deficiencies in the first place?”

“The agency cannot treat an issue serious enough to require reporting and to be part of the rationale for the show cause order, but not serious enough to enforce the timeframe to return to compliance, as required by federal regulation,” the report reads. “The commission has not demonstrated appropriate implementation of this regulation. Allowing an institution to be out-of-compliance with any standard for more than two years is not permissible within 602.20(a)of the Secretary’s Criteria for Recognition.” 

Notably, the ACCJC’s own bylaws, under Article XI, Section 7, a college could appeal its accreditation decision if “there were errors or omissions in carrying out prescribed procedures on the part of the evaluation team and/or the Commission which materially affected the Commission’s action.”

In plain english, if the ACCJC messed up on enforcing its own policies, City College may get a pass on its accreditation decision.

The ACCJC responded to the allegation in its press release, saying “the (DOE) has determined the ACCJC should have taken adverse action on CCSF sooner after the 2006 evaluation review…However, the Commission feels it acted in a timely fashion.”

 

The accrediting commission denied that it violated any of its policies, and said the text of their bylaws would make it hard to use the DOE letter to make an appeal to reverse their decision to close City College. 

 

“The important part (of the appeals process bylaws) is ‘which materially affected the Commission’s action,’” Johns, from the ACCJC said. She said any error on the ACCJC’s part would need to be seen as having enough gravity to have affected their decision making process. 

And the independent panel that oversees the appeals process is actually chosen by Dr. Barbara Beno, president of the ACCJC, and a few other colleagues on the commission.

The commission gets to choose and appoint the people who investigate themselves, essentially.

When asked if this looked like a conflict of interest baked into the system, Johns disagreed. 

“This is fully in line with regulations and practice of accreditation, she said, adding “The institution (City College) does have the right to challenge any hearing members for cause.”

The college’s appeal ultimately is in the hands of the new Super Trustee of City College, Bob Agrella, who acts with all of the powers of the college’s now defunct board. But Agrella has, in past interviews, agreed with the way the ACCJC is run. 

“I think the way the commission operates is OK,” he told Sara Bloomberg, of City College’s newspaper, The Guardsman. “I’ve dealt with their policies and operating procedures at other institutions where I worked that were dealing with addressing accreditation problems—not to the same degree as here at City College—and the process worked there.” 

The non-compliance was discovered after the California Federation of Teachers, working with City College’s teacher union, the AFT 2121, filed a nearly 300-page legal complaint against the ACCJC with the Department of Education, alleging that the accrediting commission had conflicts of interest in evaluating City College and did not follow its own policies or procedures. But as the battle over the ACCJC’s verdict to revoke City College’s accreditation raged on, a split erupted in the college.

Half of the college rallied with groups like Save CCSF, calling the decision about City College unjust. Another half of the college basically said “sit down and shutup,” calling the protests and legal filings unwarranted, sour grapes, and a crazy conspiracy theory. 

 

Even local media outlets have played it mostly straight, and generally have not held the ACCJC’s feet to the fire. The Guardian however published many articles, such as “Who Killed City College?” pointing out irregularities in the ACCJC’s process. 

 

People like Karen Saginor, the ex-City College academic senate president, long fought the ACCJC decision and now feel vindicated. 

“Its pretty exciting, that letter,” Saginor told the Guardian. “Its recognition from an important authority that there are irregularities in the process that put us on show cause. We’ve been saying ‘it wasn’t fair.’ And we’ve been told ‘its a totally fair process, you’re just not happy because you don’t like the result.’ Now we have an important authority verifying what we’ve been saying.”

Time will tell what will come of the DOE letter, if anything. But for now it seems that if the ACCJC being out of compliance with its own rules is a conspiracy theory, then the Department of Education is wearing the biggest tin-foil hat in the room, and is onto something significant.

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