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City Attorney, Accreditation Commission Get Day in Court Over CCSF

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By KQED and Bay City News

In a lawsuit that could go to trial next month, attorneys for San Francisco and a regional accrediting commission argued at a hearing Wednesday over whether City College of San Francisco has wrongly faced the loss of its accreditation.

City Attorney Dennis Herrera sued the commission last year, saying it targeted the school unfairly.

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A rally for City College of San Francisco. Feb. 21, 2013. Photo by Deborah Svoboda/KQED

San Francisco Superior Court Judge Curtis Karnow heard cross-motions for summary judgment from Deputy City Attorney Thomas Lakritz, as well as from Andrew Sclar, an attorney for the Novato-based Accrediting Commission for Community and Junior Colleges.

Each attorney spoke for about an hour, presenting statements and answering questions from the judge. If Karnow denies both motions, a trial is set for Oct. 27.

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Herrera's office alleges that the ACCJC's intention to revoke the accreditation of San Francisco City College was motivated by political bias, failed to respect the institution's right to due process, was tainted by the commission's conflicts of interest and was the product of failure to follow procedures required by law.

The city attorney is arguing that these deficiencies run afoul of California's Unfair Competition Law in the Business and Professions Code. "Attorneys for the ACCJC argued that it is not a commercial enterprise or business that would be covered under the business code because it is a nonprofit public-benefit corporation," reported the San Francisco Examiner. "But the City Attorney's Office asserts that because the commission charges for membership fees and accreditation services, its practices do fall under the business statute."

City College was slated to lose its accreditation effective July 31 after the commission evaluated the school as deficient in multiple areas, including administration, finances, and governance. But Karnow issued an injunction in January preventing the revocation of City College's accreditation from taking effect until after the trial.

Sclar, the ACCJC's attorney, said the city attorney's office is arguing that there wasn't enough notice to correct deficiencies and that the commission's procedures were improper. He said the commission gave City College "multiple notice" and that the school "had the opportunity to be heard."

Sclar said that when students attend an accredited college, they have the right to know that their institution meets a certain standard and that it is the commission's job to judge that.

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