Life University has filed a lawsuit in federal district court in
Atlanta against the Council on Chiropractic Education (CCE) in a bid to
restore accreditation.
In the suit, the University alleges that the accrediting agency denied
due process during recent reaffirmation procedures.
The suit alleges that the CCE:
*** Amended its bylaws in such a manner that they conflict with the
articles of incorporation.
*** Adopted Standards for Doctor of Chiropractic Programs and
Institutions that strongly favored the liberal branch of chiropractic
philosophy at the expense of the conservative branch.
*** Violated Life's common law due process rights by conducting a
flawed and biased process for reaffirmation.
*** Refused to reconsider Life's application for reaccreditation in a
timely manner.
"It is disappointing, but necessary that Life file this lawsuit
against CCE. From the time I began the presidential application process, I
believed there was a good possibility we would be able to apply for
accreditation and our application considered in a timely manner,"
commented Ben DeSpain, D.C., Life University president-elect.
"However, after several attempts to communicate with CCE and a
detailed review of the recent reaffirmation process, I believe CCE, its
executive director and administrative officers, intend to destroy Life
University."
The University's lawsuit follows a myriad of efforts to regain
accreditation that culminated in the CCE Agenda Committee's decision to
deny Life's request for a discussion on a rule change requiring that
chiropractic programs operate for two consecutive years before applying
for accreditation. The rule was adopted during the same meeting that
Life's reaffirmation was denied.
"By denying our request to discuss the recent rule change at the
meeting this month, CCE confirmed their position of inflexibility and left
Life with no other option but to seek judicial intervention," noted
Dr. DeSpain.
The suit asks the court to:
*** Issue a preliminary and permanent injunction requiring CCE to
restore the accreditation of Life University.
*** Declare that CCE failed to provide Life University with due process
and fundamental fairness in the reaffirmation of accreditation process.
*** Begin the reaffirmation of accreditation process anew in a manner
providing Life with common law due process.
"Our suit is based on the University's fundamental right to a fair
and impartial review of the chiropractic program and the fact that CCE is
not willing or capable of this basic element of due process afforded us by
law," stated DeSpain.
CCE now faces legal challenges from two chiropractic universities.
Palmer University filed a lawsuit in Wisconsin charging that CCE deprived
Palmer of appropriate representation in its recent CCE reorganization
process.
The reorganization process that Palmer is challenging includes CCE's
attempt to dissolve itself as a Wisconsin corporation to become an Arizona
corporation. The Palmer lawsuit claims these actions were taken in
violation of the CCE's own bylaws and articles of incorporation.