SACS letter to Alabama A&M

8/7/2019 SACS letter to Alabama A&M

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SOUTHERN ASSOCIATION OF COLLEGES AND SCHOOLSCOMMSSON ONCOLLEGES

1866 Southern Lane Decatur, Georgia 30033-4097Telephone 404/679-4500 Fax 404/679-4558

www.sacscoc.orgJanuary 19, 2011

Dr. Andrew Hugine, Jr.PresidentAlabama A & M UniversityP.O. Box 1357Normal, AL 35762-1357

Dear Dr. Hugine:In the fall of 2010, the SACS Commission on Colleges received three formal written complaintsagainst Alabama A&M University. Two of the complaints are identical and overlap some of theconcerns in the third complaint. The two identical complaints include a copy of a submission tothe Alabama Ethics Commission. Not all of the issues cited by the three complainants,however, merit follow-up by the Commission on Colleges. Some assertions of non-complianceare simply not documented; some citations for non-compliance are taken from theCommission's Resource Manual, which was designed to stimulate thinking rather than prescribea course of action; and some issues are not relevant to the requirements of The Principles ofAccreditation.This letter addresses the remaining points - those for which additional information is necessarybefore a judgment can be made. In accordance with the Commission's policy governing formalwritten complaints - "Complaint Procedures Against the Commission or Its AccreditedInstitution" - AAMU has 15 business days to respond to the issues noted below.3.2.7 The institution has a clearly defined and published organizational structure

that delineates responsibility for the administration of policies.(Organizational structure)

3.2.13and

Any institution-related foundation not controlled by the institution has acontractual or other formal agreement that (1) accurately describes therelationship between the institution and the foundation and (2) describes anyliability associated with that relationship. In all cases, the institution ensuresthat the relationship is consistent with its mission. (Institution-relatedfoundations)

At the heart of many of the concerns cited by the complainants is the relationship between theUniversity and the AAMU Research Institute (AAMU RI), a relationship that I am having difficultyunderstanding after reviewing the article "Who Runs the Alabama A&M Research Institute?"(11/23/10, The Huntsville Times) According to that publication, "Odysseus Lanier says he


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doesn't know whether he's a member of the board of directors at the Research Institute," eventhough "according to the bylaws of the 11-year-old institute, the top university trusteeautomatically earns a seat on the institute board." In that same article, AAMU attorney RodSteakley is quoted as saying that he's "not even sure who the directors are" and you arecharacterized as "attempting to distance the university from the controversial entity," a positionthat you had put forth earlier (11/21/10, The Huntsville Times, "Research Institute probeunrelated [sic] to university). To further complicate matters, the article references "early bylaws,"which raises the question for me of whether the AAMU RI bylaws submitted by the complainantsare early bylaws or current bylaws. Before addressing the issues noted below, please clarifyfor me the relationship between the two entities. In so doing, please send me the organizationalchart(s) to document the relationship, a copy of the current bylaws that define AAMU's role inAAMU RI, and any other agreements/contracts that might define the relationship between thetwo entities so that I can ground myself in fact before reviewing your response to the issuescited below.Regarding the (11/18/10, The Huntsville Times, "Federal grand jury expected to review mattersat Alabama A&M University Research Institute") -- Please address the role that AAMU Boardmembers play in the operations of the AAMU Research Institute, and clarify the organizationalstructure whereby the President Pro tem of the AAMU Board of Trustees orders the AAMU RICompliance Officer to review entities "that may have a connection to AAMU" and report findingsto trustees and law enforcement. Clarify whether Shefton Riggins acted as an individual or onbehalf of the full board.Regarding Tom Bell's letter of June 1,2010 - Please clarify which "Board Committee" isreferenced as having voted to remove the Daryush Iia from the AAMU RI directorship, andidentify the source of the committee's authority to do so.1.1 The institution operates with integrity in all matters. (Integrity)Regarding 10/20/10 The Huntsville Times, "FBI asking questions about what's happening atAlabama A&M University Research Institute" -- Please update the Commission on the status ofthe FBI investigation, if one exists.Regarding 11/18/10 The Huntsville Times, "Federal grand jury expected to review matters atAlabama A&M University Research Institute" - Please update the Commission on the Federalgrand jury review, if one exists.3.2.3 The board has a policy addressing conflict of interest for its members. (Boardconflict of interest)


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Regarding Kevin Matthews' contention that "the $2 million contract with Lanier's company nowpresents a conflict of interest (11/18/10 The Huntsville Times, "Federal grand jury expected toreview matters at Alabama A&M University Research Institute") - Please submit the AMMUBoard's policy/procedure addressing conflict of interest for its members and apply that policy tothis particular circumstance.3.2.9 The institution defines and publishes policies regarding appointment andemployment of faculty and staff. (Faculty/staff appointment)Regarding the June 2, 2010 letter to you, Shefton Riggins, and Tom Bell, Jr. from GladiesHerron, James Johnson, and Leslie Evelyn -- Please address the seven alleged irregularities.Regarding communications from Daryush lla to the Grievance Committee (2/16/09, 5/28/10, and6/7/10) - Please address Ila's contention in the June letter that he has "had noacknowledgement of any of my previous letters," referring to four grievances filed in fifteenmonths. Please document the role of the University's Grievance Committee in addressingemployment issues and include a timeline showing the dates for receiving and processingDaryush lla's four grievances.3.2.9 The institution defines and publishes policies regarding appointment andemployment of faculty and staff.

and3.9.3 The institution employs qualified personnel to ensure the quality and effectivenessof its student affairs programs. (Qualified staff)Regarding Mary Morris-Billings 8/12/10 letter to Attorney Angela Debro requesting an opinion onthe "efficacy of allowing Greg Smith to practice counseling without a license on the campus ofAlabama A&M university" - Please provide the university's policy regarding appointment offaculty and staff and document application of that policy to the appointment of Greg Smith as aStaff Counselor. Include a copy of the job description for Counselor and document GregSmith's qualifications for that position.

The institution exercises appropriate control over all its financial resources.(Control of finances)Regarding the statement attributed to then CFO Dane Alexander last June (6/15/10 TheHuntsville Times, "Alabama A&M President: Tuition hikes needed to make up for lost time.")concerning financial controls at the University - Please address his contention that"bookkeeping is in disarray and the school has not properly filed 1099 tax forms over theprevious four years" and that the "school's trust fund was depleted."

3.10.4


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Regarding the ARAMARK contract referenced in the June 14,2010, Memorandum for theRecord prepared by Trustee James Montgomery - Please address (1) the short turn-aroundtime between the pre-bid meeting and the due date and (2) a contract award of $4.8 million for abid of $3.8 million. Provide AAMU's policy/procedures for managing bids and contracts.Regarding the June 24, 2010, Memorandum for the Record prepared by Trustee JamesMontgomery - Please document the authority to use Title III funds to pay the identifiedconsulting services for Robert Nance and Michael Jones. Please also document the issue ofpayment of relocation expenses for Kevin Rolle. Provide a copy of the University's policyregarding relocation expenses in effect at the time of his request, and clarify the processfollowed by Rolle to attain reimbursement. Confirm whether reimbursement was awarded.Regarding the June 27, 2010 email from Gladies Herron to Tommy Coleman and BarbaraJones - Please document the services for which the $24,000 check was written' to Herbert Graya1d the $4,200 check to "a consulting company."4.3 The institution makes available to students and the public current academic

calendars, grading policies, and refund policies. (Publication of policies)and

4.1 .1 The institution is in compliance with its program responsibilities under Title IVof the 1991Higher Education Amendments. (Title IVprogram responsibilities)Regarding the admission that the recent increase in tuition and fees has delayed processingpaperwork (9/10/10 The Huntsville Times "AAMU students march on president's officedemanding scholarship money") - Please provide a copy of the university's refund policies anddocument the institution's compliance with its own refund policies and with its programresponsibilities under Title IV of the 1992 Higher Education Amendments. Include all copies ofall correspondence regarding federal financial aid to or from the U.S. Department of Educationsince January 2010.I look forward to receiving your response no later than February 14. I will be back in touch afterI have had an opportunity to review the narration and the documentation submitted in yourresponse to this letter. That review will result in one of the following actions: (1 ) the complaintswill be closed and no further action required, (2) one or more of the issues will be closed and theremainder of the issues will be submitted to the SACSCOC Board of Trustees for action in June2011, or (3) all of the issues will be submitted to the SACSCOC Board of Trustees for action inJune 2011.If your case is forwarded to the SACSCOC Board of Trustees for action, the Board will receivecopies of the relevant complaint(s), this letter and your response, and any additional


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information/materials that you will be allowed to submit by May 2, 2011. Although the Boardmay take one of a variety of actions when reviewing an institution's response to a formal writtencomplaint, it typically either closes the complaint or requests a Monitoring Report, frequently inconjunction with a Special Committee visit.STcerelY, .

~~ C JjL ~ s..Donna K. WilkinsonVice PresidentIE~closures

cc: Dr. Pamela Cravey

Documents

SACS letter to Alabama A&M