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NIC responds to accreditor's warning

by KAYE THORNBRUGH
Hagadone News Network | January 7, 2023 1:00 AM

North Idaho College has responded to a warning letter issued last month by its accrediting organization.

In a letter dated Dec. 17, the Northwest Commission on Colleges and Universities cautioned NIC that the board’s recent actions do not align with eligibility requirements and standards for accreditation and gave the college until Wednesday to explain how it is not out of compliance.

The response, prepared by the college's newly hired interim president and members of the administration, is dated Jan. 4 and was made public a day later on the NIC website.

“The language of a potential adverse action from the commission along with the timing of the letter with the holiday campus closure has taken an increased toll on NIC’s faculty and staff,” began the conclusion provided by the college in its response to the NWCCU.

The warning letter outlined multiple eligibility requirements related to: operational focus and independence; institutional integrity; the governing board; the chief executive officers, which in NIC’s case is the president; the administration; and the college’s relationship with NWCCU.

The letter also listed eight standards of accreditation NIC is, or appears to be, out of compliance with.

NWCCU did not identify specific actions for the board to take, according to NIC’s response.

“Members of the administration worked during the college’s winter break closure to piece together concerns for the board about their actions and provided a ‘road map’ to the board,” the response said.

NIC’s letter noted steps the college has taken to address concerns from its accreditor, such as allowing public comment during regular board meetings, curing numerous violations of Idaho’s open meeting laws that occurred during recent meetings and accepting NIC’s most recent financial audit.

The college acknowledged a Dec. 19 memo from then co-acting presidents/CEOs Lloyd Duman and Sarah Garcia to the board, which “strongly recommended” trustees perform specific actions to comply with NWCCU standards. That included immediately reinstating President Nick Swayne, who the board placed on administrative leave Dec. 8 for no disciplinary reason.

Instead, trustees hired Greg South as interim president, giving him an 18-month contract.

“The board attorney announced that because of the impending litigation from the current permanent president, who is under administrative leave, the board will consider the hiring of an interim president for the duration of the investigation,” the college wrote, in its response.

It’s unclear when NIC's attorney, Art Macomber, made that announcement.

Swayne filed a lawsuit asking to be reinstated Dec. 16, nearly a week after the Dec. 10 meeting, during which trustees voted to have the board chair contact South to see if he was interested in the president's position and, if so, to begin negotiations with him. South's name was not disclosed during that meeting, although his resume and prior work at NIC were discussed, indicating South was the candidate. The college's response to the NWCCU states this occurred at a special board meeting Dec. 17, and that the college attorney was tasked with contacting South, although there is no record of an NIC board meeting on that date.

The board met Dec. 21 and passed a motion to hire South effective Dec. 22.

“The results of the investigation and litigation will determine the course of action for the board regarding the status of the permanent president,” NIC’s response said.

The college included other information for NWCCU to consider, including an announcement from Moody’s Investor Services that NIC’s bond ratings are under review for downgrade, following recent actions by the board of trustees.

NIC secured liability insurance with an effective date of Oct. 1, 2022, the college’s response said, which costs $500,000 for one year. Both liability and property insurance cost $321,000 annually with NIC’s previous insurer, which declined to renew NIC’s policy last year.

“NIC’s coverage levels are similar, but deductibles are larger with the new policy,” the response said.

The college wrote in its response that "the incoming administration has pledged to work with the board to organize the development of and to guide and coach trustees on the principals of good governance, including ethical behavior, with the goal of making continued progress outlined in the Action Letter of April 1, 2022 and any other deficiencies the Commission deems necessary."

College administrators requested to host a team from NWCCU on campus “before any adverse action is considered” in order to highlight the “great strides” NIC has made since previous warnings were issued.

“There are many other great stories of resilience, success and community impact that NIC students, faculty and staff may be able to share with a visiting team,” the response said.

The student government, staff and faculty assemblies have all issued votes of no confidence in the board.

Read NWCCU’s warning letter and NIC’s response at cdapress.com.

NWCCU letter to NIC dated Dec. 17

NIC response dated Jan. 4