FEDERAL COURT RULES IN FAVOR OF LIFE UNIVERSITY IN CASE AGAINST CCE --GRANTS IMMEDIATE INJUNCTION TO RESTORE ACCREDITATION
As the basis for his landmark ruling, Judge Moye cited four areas of concern as he ruled from the bench:
1) There was a substantial chance a jury would be compelled to find in favor of the plaintiff if the same evidence were presented,
2) There would be irreparable harm/damage to the plaintiff should the injunction be denied,
3) There was not a balance of equity when the accrediting agency removed accreditation from the plaintiff,
4) There would be no harm to the general public should the injunctive relief be granted.
Life University filed its lawsuit on January 3, 2003, against the Council on Chiropractic Education after it became clear that the accrediting body would make no reasonable effort to seek a fair resolution of Life's concerns, and after all appeal processes with the CCE itself had been exhausted. The Life lawsuit, is seeking damages as well as reinstatement of its chiropractic accreditation. In it, Life University contends the chiropractic accrediting agency acted unfairly in revoking the chiropractic professional program's status.
In a statement issued immediately following the historic ruling, Dr. DeSpain told the Life community and the chiropractic profession:
It is with a humble and grateful heart that I confirm on Monday, February 10, Judge Charles E. Moye Jr. restored Life's University's accreditation of the College of Chiropractic. This long awaited decision is the end result of much hard work by our Board of Trustees, the interim administration headed by Dr. Michael J. Schmidt and dozens of faculty and staff members. I am truly thankful for their hard work and dedication to Life University. Without their efforts, we would not have survived this crisis.
I urge each member of the Life Family to take a moment and reflect on the sacrifices of so many in the profession of chiropractic. One only needs to spend a few moments at the bell tower to realize that, while painful, the loss of and efforts to reestablish our accreditation are minor contributions to further the cause we believe in so strongly. Let us also remember how alienated and ostracized we felt during this process and commit ourselves to rising above retaliatory actions or hatred thoughts. For when this process is complete, we must continue to share a small world with many others who are not like-minded.
ICA's Board of Directors, at a special meeting on June 18, 2002, officially called for an immediate reconsideration by the CCE of what many saw as a questionable act in the revocation of Life's accreditation. ICA also strongly objected to CCE's denial of any reasonable opportunity for Life to regain accredited status. ICA has provided Life with all possible support and assistance as they fought against the highly questionable actions of the chiropractic accrediting body. ICA emphatically supports the right of chiropractic educational institutions to espouse a philosophy consistent with the traditional principles and founding values of chiropractic and teach chiropractic procedures accordingly. ICA has consistently opposed recent trends in the CCE to expand chiropractic educational requirements into the realm of medicine, at the expense of core chiropractic subjects.
"We fully expect that CCE will file an appeal and quite possibly could ask for a stay of this decision," said Dr. DeSpain. "Life is prepared to continue the legal debate and we are very comfortable we will find similar success in future rulings. I'm looking forward to the point when Life University is vibrant, and this is just a dim memory in our past." Dr. DeSpain presented the news to several hundred students at a special Monday evening assembly at the Life campus. Those students, faculty and staff present responded with a jubilant standing ovation.
The loss of tuition revenue led the university to cut more than $10 million from its $38 million budget. More than 100 employees lost their jobs, and the university's acclaimed athletics program was eliminated.
"This historic step is just the first of an anticipated lengthy series of legal outcomes that will very likely re-define the chiropractic accrediting agency and the accreditation process," said ICA Executive Director Ronald M. Hendrickson. "Fairness, openness and reasonable policies implemented by responsible people are essential to any educational accrediting body. It is now clear that the court system is ready and willing to assist the chiropractic profession in restoring those essential standards at the CCE."
Congratulations go out from ICA to Dr. Ben DeSpain, Life University President, Dr. Michael Schmidt, who served as Interim President, the faculty and staff, the Life student body, alumni, and all of the concerned volunteers who worked so hard to make this historic day possible.
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