The Board based its action to issue a Show-Cause Order upon the following findings made with regard to the College:

Transcription

1 Nvember 8, 2017 VIA CERTIFIED MAIL Dr. Ricky Serna, Interim President Luna Cmmunity Cllege 266 Luna Drive Las Vegas, NM Dear President Serna: This letter is frmal ntificatin f actin taken by the Higher Learning Cmmissin ( HLC r the Cmmissin ) Bard f Trustees ( the Bard ) cncerning Luna Cmmunity Cllege ( the Cllege r the institutin ). During its meeting n Nvember 2-3, 2017, the Bard issued a Shw-Cause Order t the Cllege. A Shw-Cause Order is a prcedural rder that requires an institutin t present its case as t why accreditatin shuld nt be withdrawn. The Order is effective as f the date the actin was taken. In issuing the Order, the Bard cnsidered materials related t the recent Advisry Visit t the Cllege, including the Cllege s Advisry Visit reprt, the reprt f the vising team, the recmmendatin f the President f HLC, and the Cllege s respnses t these reprts. The Cllege is required t present its case fr accreditatin by means f a Shw-Cause Reprt due February 1, 2018, r at least fur weeks prir t the Shw-Cause Evaluatin Visit, prviding substantial evidence f amelirating each item f cncern identified by the Bard and dcumenting that the institutin meets each f the Criteria fr Accreditatin, including each Cre Cmpnent, each Assumed Practice, and all Federal Cmpliance requirements. The Cllege is required t hst a Shw-Cause Evaluatin Visit n later than March 2018 that will validate the cntents f the Shw-Cause Reprt and determine whether the cncerns f the Bard identified in this actin have been fully amelirated and the Criteria fr Accreditatin, including the Cre Cmpnents, and all Assumed Practices and Federal Cmpliance requirements, are met by the Cllege. The Bard will review the dcuments assciated with the evaluatin at its June 2018 meeting, r at a subsequent meeting, t determine whether the Cllege has amelirated the cncerns f the Bard and has demnstrated that it is in cmpliance with all Criteria fr Accreditatin, and thus whether the Shw-Cause Order can be remved, r if the Cllege has nt amelirated cncerns f the Bard and demnstrated cmpliance with the Criteria fr Accreditatin, whether accreditatin shuld be withdrawn. The Bard based its actin t issue a Shw-Cause Order upn the fllwing findings made with regard t the Cllege: The New Mexic Higher Educatin Department, State f New Mexic Office f the State Auditr, issued an audit reprt in 2016 ( the NMHED audit ) with serius findings related t the management and peratins f the Cllege. The Cllege is ut f cmpliance with Criterin Tw, Cre Cmpnent 2.A, the institutin perates with integrity in its financial, academic, persnnel, and auxiliary

2 President Serna, Nvember 8, functins; it establishes and fllws plicies and prcesses fr fair and ethical behavir n the part f its gverning bard, administratin, faculty, and staff, fr the fllwing reasns: The Cllege has adpted new plicies and prcedures in respnse t the NMHED audit findings, but n dcumentatin was evident that infrmatin had been disseminated r that training had ccurred with the gverning bard, administratin, faculty, and staff; The Cllege lacks a shared gvernance structure as dcumented in plicy and prcedures and Bard minutes; infrmatin gained frm interviews with faculty and staff indicates that critical executive decisins such as tuitin increases and develpment f the budget and administrative-level decisins regarding supprt services are made with minimal r n input frm faculty r staff; Cmmittee structures utlined at the time f the 2014 HLC cmprehensive evaluatin are nt functining as indicated; the rle f sme cmmittees has been taken ver by different grups, such as the Faculty Senate taking n the rle f the Curriculum Cmmittee, while thers lack the leadership t cnduct the wrk necessary r t cmmunicate with ther grups acrss the Cllege; Several cases f neptism r the appearance f neptism were nted acrss all levels f the Cllege by the NMHED audit with linkages t the current Bard and the recently released President, and the Bard f the Cllege had previusly apprved a plicy that eliminated guidelines arund neptism s as t prtect persnnel hired during that time perid; revised institutinal plicies n neptism d nt meet the requirements set frth by NMHED and d nt prvide a rigrus cnstruct fr assuring that neptism will nt ccur again at the Cllege; and The Cllege lacks the infrastructure and versight f fixed assets, as dcumented in the NMHED audit; an inventry, as anticipated by the NMHED audit, was halted by the Cllege befre it was cmpleted, and the visiting team culd nt determine wh was respnsible fr ending the inventry prcess; at the time f the visit nearly $240,000 f equipment remains unaccunted fr. The Cllege is ut f cmpliance with Criterin Tw, Cre Cmpnent 2.C, the gverning bard f the institutin is sufficiently autnmus t make decisins in the best interest f the institutin and t assure its integrity, fr the fllwing reasns: There was n evidence available t the team demnstrating that the Bard s deliberatins ver a perid f 16 mnths in 2016 and 2017 reflected institutinal pririties; the Cllege s Bard held apprximately 28 meetings during this time and entered int Executive Sessin twelve times with tpics f the Executive Sessins nt clearly stated, and sme meetings were held in the private President s Office; Existing Bard minutes reflect acrimnius persnal relatinships, frustratin, and distrust amng its members that made it difficult t fcus n institutinal pririties; Infrmatin t be cnsidered by the Bard was nt sufficient as a basis fr reasnable judgments, and as reflected in the Minutes the Bard frequently tabled items because f lack f supprting infrmatin; campus cnstituents were nt invlved prir t the Bard making critical decisins regarding issues such as tuitin increases, funding fr academic prgrams, terminatin f persnnel, and rerganizatin f the Cllege; Nne f the Bard minutes during this time frame reflect a fcus n imprvements t the student experience, student learning, r retentin and

3 President Serna, Nvember 8, cmpletin; Actins f undue influence and neptism, r the appearance theref, as utlined in the NMHED audit, d nt appear t have been reviewed r investigated by the Bard; The Bard was inapprpriately invlved in the day-t-day management f the Cllege; the Bard created a Bard Technlgy Subcmmittee that develped a technlgy replacement plan withut apprpriately delegating this activity t the president t versee; als, the technlgy replacement plan was develped withut the engagement f key internal cnstituents and halted the wrk f an internal cmmittee that had been charged t wrk n matters related t Instructinal Technlgy; and There was n evidence prvided t the team f regular evaluatin f the president r self-evaluatin f the Bard; plicy regarding the president s evaluatin was in place but defined practices did nt appear t be fllwed, and the Bard lacks plicies r practices related t regular bard self-evaluatin r develpment in rder t assure the effective service f the Bard t the Cllege. The Cllege is ut f cmpliance with Criterin Five, Cre Cmpnent 5.B, the institutin s gvernance and administrative structures prmte effective leadership and supprt cllabrative prcesses that enable the institutin t fulfill its missin, fr the fllwing reasns: The Cllege s gvernance prcesses lack evidence f effectiveness and are nt marked by apprpriate cllabratin, as required by this Cre Cmpnent: Revisins t Bard plicies and prcedures, as recmmended by the NMHED audit, are nt cmpleted, nr is there a clear timeline fr the cmpletin, training f persnnel, and full implementatin related t such plicies and prcedures; minutes f Bard meetings indicate that the Cllege has a histry f failing t fllw established plicies and prcedures even when such plicies and prcedures existed; The Bard lacks a sund gvernance prcess that prvides fr invlvement f, and cmmunicatin t, key persnnel and even members f Bard cmmittees wh need t infrm the Bard s decisins; in the recent presidential search prcess, fr example, the Faculty Senate and ther cnstituent grups lacked key infrmatin abut the timetable f the search and the ability t prvide input, which is particularly imprtant when the Cllege has had a histry f three presidents in six years; Institutinal cmmittees designed t supprt shared gvernance are in their infancy r lack persnnel and resurces t carry ut their charters; Bard meetings, as dcumented in the Minutes, are characterized by rancr, dissensin and unprfessinal behavir amng the members and lack fcus n key issues; As a public state-supprted institutin, the Cllege has nt prvided the public with required infrmatin abut discussins and decisins, and many f its decisins, even nes unrelated t persnnel, legal r ther cnfidential matters, appear t be made in clsed-dr executive sessins rather than in the public meetings; and The Bard has been invlved in the day-t-day affairs f the Cllege t the pint f develping specific plans that impact the wrk f persnnel and their assigned areas. The Cllege s administrative prcesses lack evidence f effectiveness, as required by this Cre Cmpnent: The Cllege maintains a number f cmmittees t undertake imprtant tasks,

4 President Serna, Nvember 8, but dcumentatin f the wrk f cmmittees is nt available, and the wrk is nt cmmunicated apprpriately t Cllege persnnel; The Cllege lacks a defined and functining mechanism fr develping and reviewing new curses; the Cllege reprted t HLC in 2014 and 2017 that it reinstated a curriculum cmmittee, but while the ultimate respnsibility rests with the Faculty Senate, it was nt clear that the cmmittee was active and functining; There appeared t be insufficient staffing in fiscal affairs t meet current and future institutinal needs related t prcurement and cntracting, fixed asset inventry, and related versight respnsibilities; Faculty did nt have a meaningful rle in hiring new faculty r in assessing credentials r hiring adjunct faculty; and Review f faculty and staff handbks, faculty senate bylaws and related plicies by the team shwed significant gaps in plicies related t sexual harassment and related areas, and the plicies in varius lcatins are nt apprpriately integrated. The Cllege is ut f cnfrmity with Assumed Practice A.1, the institutin has a cnflict f interest plicy that ensures that the gverning bard and the senir administrative persnnel act in the best interest f the institutin, fr the fllwing reasn: While the Cllege has plicies related t cnflict f interest fr the Bard and fr assessing relatinships with vendrs, it lacks an institutinal cnflict f interest plicy gverning day-t-day behavir f Cllege emplyees, nr are Cllege emplyees annually required t disclse any cnflict. (As nted under Cre Cmpnent 2.A, there remain questins abut training related t, and implementatin f, plicies at the Bard and ther levels.) The Cllege is ut f cnfrmity with Assumed Practice A.2, the institutin has ethics plicies fr faculty and staff regarding cnflict f interest, neptism, recruitment and admissins, financial aid, privacy f persnal infrmatin, and cntracting, fr the fllwing reasn: The Cllege lacks cmprehensive plicies and prcedures that prvide a rigrus apprach t neptism; recent changes t such plicies indicate lsening, rather than tightening, f such plicies, and lack f institutinal understanding, based n recent situatins f neptism r alleged neptism as utlined in the NMHED audit, f the imprtance f ensuring a cllege envirnment unmarked by the perceptin r reality f neptism. The Cllege meets Criterin Five, Cre Cmpnent 5.A, the institutin s resurce base supprts its current educatinal prgrams and its plans fr maintaining and strengthening their quality in the future, but with cncerns fr the fllwing reasns: The Cllege s financial resurce base has remained cnsistent frm FY 2014 t FY 2016 despite reductins in state apprpriatins, but nt withut increased risk t the institutin: tuitin and fees have increased; ttal enrllment has declined by ver 17%; and there have been significant reductins f persnnel, with sme imprtant psitins currently vacant, and a strategy t shift many psitins frm full-time t part-time, in rder t achieve declines in spending; Departments related t the supprt f academic prgrams are understaffed and underfunded, with imprtant tasks assigned t remaining staff, t the pint where critical maintenance and prgramming f equipment and technlgy are nt ccurring, and emplyee mrale has significantly decreased as a result f this situatin;

5 President Serna, Nvember 8, The budget prcess is well-develped and is inclusive acrss Cllege persnnel, yet it des nt link t the current strategic plan; budget adjustments are made by the Bard withut necessary justificatin and discussin by its members; The infrastructure t supprt facilities and technlgy fr the main campus and three satellite peratins is minimal and insufficient t supprt the needs f a 21 st century cmmunity cllege, and the Cllege lacks a cmprehensive and effective plan and resurces t cnduct regular imprvement f campus infrastructure; Grwing enrllment has been hampered by cancellatin f classes, particularly cancellatin f evening ptins, due t lw enrllments r lack f available faculty, creating further challenges fr student retentin and cmpletin; The practice f maintaining vacant faculty psitins has caused challenges fr the Cllege, particularly in the nursing department, which has had a vacant psitin fr several years, despite increasing enrllment, adding t institutinal challenges with the state pass rate fr nursing students, which declined t less than 80 percent tw years ag; the Cllege is wrking t imprve the rates but has nly ne year remaining in which t meet state requirements; and The Cllege failed t cmplete its inventry f fixed assets, as anticipated by the NMHED audit, and lacks apprpriate persnnel t versee the inventry and assure apprpriate access t Cllege equipment. The Cllege submitted a respnse n Octber 10, 2017 nting varius changes at the Cllege intended t address the abve issues, but thse changes are new, and their implementatin and effectiveness in reslving the abve issues has nt been dcumented. The Cllege des nt meet the abve Cre Cmpnents, which is required t maintain accreditatin, and there is substantial dubt abut its ability t meet the ther Cre Cmpnents nt identified in this actin r identified as Met with Cncerns. Shuld the Cllege nt file its Shw-Cause Reprt by the stipulated deadline, the Bard may mve t withdraw the Cllege s accreditatin. The Bard may waive ntice and call fr a special meeting any time after the deadline t cnsider such an actin, r it may take such an actin at its February 2018 meeting. The Shw-Cause Order is a public dcument that will appear n the HLC website. The Order will remain in effect until the Bard reviews, at its June 2018 meeting, the Cllege s Shw-Cause Reprt, the Shw-Cause Team Reprt, and the Cllege s respnse t the Shw-Cause Team Reprt. In additin, the Cllege will have an pprtunity t meet with a subcmmittee f the Bard f Trustees at a Bard Cmmittee Hearing, which will be n the recrd, prir t Bard actin, and the transcript f the H earing will be prvided t the Bard. Shuld the Cllege be unable t establish t the satisfactin f the Bard that the Cllege has amelirated each cncern identified by the Bard and that the Cllege meets each f the Criteria fr Accreditatin and Cre Cmpnents, the Bard will mve t withdraw the accreditatin f the Cllege at its June 2018 meeting n grunds related t the Cllege s cmpliance with any f the Criteria r Cre Cmpnents. If the Bard determines that the Cllege has amelirated each cncern and that it meets the Criteria fr Accreditatin and Cre Cmpnents, the Bard will establish a date fr the next cmprehensive evaluatin and any ther mnitring f the Cllege. At this time, the Cmmissin will reassign the Cllege frm its current HLC Staff Liaisn, Dr. Karen Slmn, t Dr. Anthea Sweeney. Please be assured that Dr. Slmn will wrk with Dr. Sweeney t create a smth transitin.

6 President Serna, Nvember 8, The Bard actin resulted in changes t the affiliatin f the Cllege. These changes are reflected n the Institutinal Status and Requirements Reprt. Sme f the infrmatin n that dcument, such as the dates f the last and next cmprehensive evaluatin visits, will be psted t the HLC website. HLC will als pst this actin letter, a Public Disclsure Ntice cncerning this actin, and the Shw-Cause Order n its website. In additin, HLC plicy COMM.A , Cmmissin Public Ntices and Statements, requires that HLC prepare a summary f actins t be sent t apprpriate state and federal agencies and accrediting assciatins, and published n its website. The summary will include the actin regarding the Cllege. The Cmmissin will simultaneusly infrm the U.S. Department f Educatin f this actin by cpy f this letter. An institutin under a Shw-Cause Order issued by the Bard shuld infrm its bard, administratin, faculty, staff, students, including prspective students, and ther campus cnstituents abut the Order and hw t cntact HLC fr further infrmatin. The institutin must pst the Order prminently n its website. HLC plicy INST.E , Shw-Cause, subsectin Public Disclsure f Shw-Cause, anticipates that an institutin will cmplete these ntificatins within furteen days f receipt f this letter. The plicy als requires that an institutin n Shw-Cause disclse this status whenever it refers t its HLC accreditatin. HLC will mnitr these disclsures t ensure they are accurate and in keeping with HLC plicy. I ask that yu cpy Dr. Sweeney n s and ther cmmunicatins with cnstituents regarding this actin and prvide her with a link t infrmatin n yur website and with samples f disclsures. On behalf f the Bard f Trustees, I thank yu and yur assciates fr yur cperatin. If yu have questins abut any f the infrmatin in this letter, please cntact Dr. Sweeney. Sincerely, Barbara Gellman-Danley President Enclsures: Public Disclsure Ntice Shw-Cause Order cc: Chair f the Bard f Trustees, Luna Cmmunity Cllege Sharn Lalla, Vice President f Academics, Luna Cmmunity Cllege Evaluatin team chair Barbara Damrn, Secretary, New Mexic Higher Educatin Department Karen Slmn, Vice President fr Accreditatin Relatins and Directr f the Standard Pathway, Higher Learning Cmmissin Anthea Sweeney, Vice President fr Accreditatin Relatins, Higher Learning Cmmissin Karen Petersn Slinski, Executive Vice President fr Legal and Gvernmental Affairs, Higher Learning Cmmissin Herman Bunds, Directr, Accreditatin and State Liaisn, Office f Pstsecndary Educatin, U.S. Department f Educatin