Legal Resources | | 71455
Chapter 2. Applications. Article 5. Visiting Committees. Challenge to the Visiting Committee.
(a) The institution being evaluated shall be notified of the identity of the members of the visiting committee at least 30 days before the visit. The notice shall also include a description of the institution's right to object to a committee member and the procedure for objection as provided in this section.
(b) If the institution objects to the inclusion of any person in the visiting committee, the institution may file a written objection with the Director at least 14 days before the visiting committee is originally scheduled to conduct its onsite inspection.
(c) An institution has a right to seek the disqualification of a visiting committee member before the occurrence of the onsite inspection on any of the following grounds:
(1) The committee member has inadequate academic or experiential qualification.
(2) The committee member or his or her family has a financial interest in, or is employed by, a competing institution which offers or proposes to offer any of the educational programs offered or proposed to be offered by the applicant institution.
(3) The committee member is biased. In order to establish that a committee member is biased, the institution must document in writing that the member is predisposed to give an unfavorable recommendation.
(d) An institution seeking to disqualify a visiting committee member shall submit copies of all evidence and argument on which it relies when the written objection is filed.
(e) All evidence and argument shall be considered by the Director. The Director shall make the final decision on the composition of the visiting committee before the onsite inspection occurs. There shall be no oral hearing or review of this decision.
(f) If an institution has grounds under subdivision (c) to object to the empaneling of a committee member before the occurrence of the onsite inspection and fails to timely object, the institution permanently waives the right to challenge the visiting committee's composition or report on those grounds.
Authority cited:
Education Code 94803
Education Code 94877
Reference:
Education Code 94882
(Amended by Register 2010, No. 47.)