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JRCERT Appeal Process

Policy Statements

The Joint Review Committee on Education in Radiologic Technology (JRCERT):

10.101 recognizes the right of sponsors to appeal JRCERT actions of Accreditation Withheld and Accreditation Withdrawn.
10.102 permits appeals based only on the claim that the JRCERT decision, determined by information and documentation supplied by the sponsor/program, was not supported by substantial, credible, and relevant evidence, or was not made in substantial compliance with the JRCERT published accreditation policies governing the process of accreditation of educational programs.
10.103 upon receipt of written notice of appeal, and payment of the Appeal Fee and any outstanding accreditation fees, delays a decision to withdraw or withhold accreditation until final disposition of the appeal, maintaining the existing accreditation status of an accredited program.
10.104 allows a sponsor to withdraw its request for appeal at any time during the appeal process.  
10.105 considers the decision of the JRCERT final if the sponsor does not request an appeal within the established time period.
10.106 under extraordinary circumstances and by mutual consent of the sponsor and the JRCERT may extend the time limits specified herein.
10.107 considers as final the decision of the appeal panel to either affirm, amend or reverse the previous accreditation action or remand the decision to the JRCERT Board of Directors as identified in Procedure 10.102I vi.
10.108 considers accreditation actions other than Accreditation Withheld and Accreditation Withdrawn as final and not subject to appeal.
10.109 recognizes the right of sponsors to institute litigation against the JRCERT concerning any action taken by the JRCERT involving the accreditation process.
10.110 recognizes the right of the JRCERT to institute litigation against any sponsor involving the accreditation process.
10.111 requires that no litigation shall be instituted by a sponsor involving an adverse action taken by the JRCERT until after the Appeal Process shall be instituted by such sponsor and concluded in accordance with JRCERT Policy 10.100, Appeal Process.

Procedures

The Joint Review Committee on Education in Radiologic Technology (JRCERT):

10.101A informs the sponsor and the program of its decision to withhold or withdraw accreditation first by telephonic or electronic means (e.g. email or facsimile) and then via certified mail, return receipt requested. The notice will include the following information:
  i. specific areas in which the program is not in substantial compliance with the relevant accreditation standards, and
  ii. a copy of the appeal process.
10.101B processes requests to appeal actions to withhold accreditation or withdraw accreditation, provided
  i. the written notice of appeal and a non-refundable Twenty-Five Hundred Dollar ($2,500) Appeal Fee are received within twenty (20) business days of receipt of notification, and
  ii. the notice of appeal, signed by the chief executive officer of the sponsor, includes a concise rationale for the basis for contesting the accreditation decision.
10.102C provides the sponsor with a slate of nine (9) individuals who
  i. are familiar with the relevant accreditation standards and with the accreditation process;
  ii. have experience with the type of program under review;
  iii. have not been previously involved with the sponsor or with the accreditation review activity which led to this specific JRCERT action or who is a current Director of the JRCERT, and
  iv. are identified as either an academician, administrator, educator, or practitioner.
   
  •  
if the JRCERT serves as a programmatic accreditor, the appeal panel will consist of an educator, practitioner, and a public member.
   
  •  
if the JRCERT serves as an institutional accreditor, the appeal panel will consist of an academician, administrator, and a public member.
10.102D provides the sponsor with the name of the individual that will serve on the appeal panel as a public representative consistent with the JRCERT’s definition of public member, Policy 50.200, Policy Statement 50.205.
10.102E establishes the appeal panel by
  i.

within ten (10) business days of the receipt of the slate:

    a. allowing the sponsor to delete a maximum of three (3) names and choose one (1) person to serve;
    b. requiring the sponsor to submit an additional payment in the amount of Five Thousand Dollars ($5,000) to the JRCERT to be applied to the costs of the appeal which are to be paid by the sponsor pursuant to Procedures 10.102K(ii) - (v). In the event that costs are less than Five Thousand Dollars ($5,000), the balance shall be returned to the sponsor. In the event that costs exceed Five Thousand Dollars ($5,000), the sponsor shall pay expenses within ten (10) business days of receiving an invoice for such expenses from the JRCERT, and
  ii. selecting, by mutual agreement of the Chair of the JRCERT Board of Directors and the JRCERT Chief Executive Officer, two (2) additional individuals from the slate.
10.102F establishes a hearing date
  i. within sixty (60) business days of the sponsor’s notice of appeal;
  ii. at a time and place determined by the Chair of the Board and the Chief Executive Officer in consultation with the chief executive officer of the sponsor, and
  iii. provides notification to the sponsor at least twenty-five (25) business days prior to the hearing.
10.102G prepares for the hearing by
  i. providing all panel members with instructions regarding the duties and functions of the appeal panel;
  ii. obtaining a signed statement from each panel member attesting to the fact that he or she has no conflict of interest with the appealing program consistent with Policy 80.100;
  iii. collecting program accreditation documents, including as relevant, Application/Self-Study Report, Report of Site Visit Team Findings, report of findings letter, program response to report of findings letter, and other relevant correspondence and providing them to panel members at least fifteen (15) business days prior to the hearing;
  iv. assuring that the sponsor and educational program communicate with the appeal panel only at the hearing or in writing through the Chief Executive Officer of the JRCERT, and
  v. assuring that the Board of Directors communicates with the appeal panel only at the hearing or in writing though the Chief Executive Officer of the JRCERT.
10.102H convenes the hearing to review written documents and receive presentations and
  i. provides for the panel’s election of its chair;
  ii. provides for the attendance of a representative of the Board of Directors for the purpose of clarifying the record upon request of the panel;
  iii. permits the presence and participation of appellant’s legal counsel if desired by either one or both of the parties;
  iv. works to assure the proceedings are not adversarial or bound by technical rules of evidence as in a typical court of law but rather allows for an administrative review typical of an accreditation decision regarding an educational program;
  v. assures the program does not amend statistical or narrative descriptions on which the accreditation decision of the Board of Directors was made;
  vi. advises the appeal panel that it may not consider any changes in the program or descriptions of the program that were not evident in the record reviewed by the Board of Directors;
  vii notwithstanding 10.102H(v.) and (vi.), the appeal panel may consider financial information that was unavailable to the institution or program prior to the determination of the adverse action, and that bears materially on the financial deficiencies identified by the JRCERT. A program may seek review of such new financial information only once and any determination by the appeal panel made with respect to that review does not provide the basis for appeal;
  viii.

requires that witness testimony be in person.  No telephonic (or other means of electronic transmission) shall be permitted.

  ix. assures that presentations are limited to clarification of the record and arguments to show the degree to which the educational program met the relevant published accreditation standards and the degree to which the program had been reviewed in accordance with the administrative procedures governing accreditation of the programs, and
     
10.102I provides for the panel’s decision
  i. to reflect whether there is substantial credible and relevant evidence to support the action taken by the Board of Directors of the JRCERT in the matter being appealed;
  ii. to reflect whether there had been substantial compliance by the JRCERT and the sponsor with the published administrative procedures governing the process of accreditation of educational programs;
  iii. to reflect separate consideration of each cited deficiency to determine the degree to which each deficiency was supported by substantial evidence;
  iv. to consider the overall status of program compliance or non-compliance with the relevant accreditation standards;
  v. to be based on the record and the evidence presented to it with regard to the conditions which existed in the program at the time the JRCERT made the accreditation decision being appealed;
  vi. to include an ultimate decision as to whether the accreditation action should be affirmed, amended, reversed or remanded to the JRCERT Board of Directors. Any such decision shall be implemented by the JRCERT Board of Directors. The JRCERT Board of Directors shall act in a manner consistent with the appeal panel’s decisions or instructions. If the accreditation action is remanded to the Board of Directors, the action shall be reconsidered at the next meeting of the Board of Directors, and
  vii. to identify specific issues that the JRCERT Board of Directors must address in the case where the appeal panel remands the adverse action to the JRCERT Board of Directors for further consideration.
10.102J provides for the panel to
  i. develop a detailed report of its findings, and
  ii. submit its report to the sponsor and to the Board of Directors of the JRCERT within five (5) business days of the hearing or receipt of additional materials.
10.102K provides for sharing of expenses as follows:
  i. requires the sponsor making the appeal to bear the expense involved in the development and presentation of its appeal;
  ii. requires the sponsor making the appeal to bear all reasonable expenses directly associated with the hearing, such as those for the meeting room, and for travel, meals and lodging for all members of the panel;
  iii.

requires the sponsor to pay all reasonable attorneys fees incurred by the JRCERT in relation to the appeal if the sponsor withdraws the appeal or loses the appeal;

  iv. requires the party requesting the presence of witnesses, to pay all expenses associated with that attendance, and
  v.

requires the sponsor making the appeal to pay for one half (1/2) of the fee to have a court reporter at the hearing preparing a transcript and pay for a copy of the transcript if they wish to receive a copy.

10.104A  

considers the decision of the JRCERT final, as of the date of the original decision, if the sponsor seeks to withdraw from accreditation or withdraw its request to appeal. 

10.109A  

requires that any litigation instituted by a sponsor or the JRCERT shall be brought in Cook County, Illinois, in the Circuit Court of Cook County or in the Federal District for the Northern District of Illinois.

10.109B  

requires that such sponsors that institute litigation and the JRCERT consent to personal jurisdiction by these courts.  Nothing herein shall restrict the right of a sponsor or the JRCERT to remove such litigation from state court to federal court where permitted by law.  Illinois law shall be applicable. 

Cross References

10.000 Advertising Accreditation Status
10.200 Accreditation Actions
11.100 Principles of JRCERT Accreditation
80.200 Integrity of the Accreditation Process
80.300 Public Interest and Public Representation

Adopted by the Joint Review Committee on Education in Radiologic Technology:  04/04
Editorial Revision:  10/04
Revised:  10/07; 04/08; 10/08; 04/09; 04/11; 6/11; 10/11; 10/12; 10/15