Key Points Archive

Updated July 7, 2023

North Idaho College received the accreditation decision from the Northwest Commission on Colleges and Universities (NWCCU) around 10 a.m. today.

The college's show cause sanction has been continued. NIC remains accredited.

This is considered a neutral decision. This path equates no change in the college's current status for a period of one year or less. At the end of an extension, the NWCCU may reaffirm accreditation, take adverse action or consider a second and final extension of one year or less.

NIC remains under review with the NWCCU and must demonstrate compliance with specific recommendations.

The NWCCU noted three areas in which the college is substantially compliant but needs to improve:

• Procedures for Presidential evaluation and policies for retention of Presidential evaluation records need to be developed and executed.
• The Board must understand, embrace, and adhere to existing shared governance structures in place at North Idaho College and comply with them.
• The college must ensure transparency regarding financial resources by ensuring that processes to inform faculty and staff are consistent from year to year and processes to inform Board members regarding financial decisions are applied equitably.

The show cause extension also lists nine recommendations that the college needs to address:

• The Board and College President should continue training and development activities to improve governance, ensure that policies on ethics and general conduct are followed, and demonstrate a sustained commitment to the requirements and standards of NWCCU member institutions manifested through concrete actions over time.
• The Board must resolve the issues underpinning all "No Confidence" resolutions and demonstrate a willingness to work with and support faculty, staff, and students when their concerns are communicated.
• The college and its Board must take action to resolve the uncertainties regarding both the leadership and accreditation status of the institution in order to improve retention of existing employees and fill current vacancies.
• The Board must advance specific policies, procedures, and take timely and definitive action to mitigate or eliminate the risks identified in the NWCCU Show Cause letter, dated February 9, 2023.
• Through its governance system, North Idaho College should work to achieve consensus between the Board and college leadership to identify internal and external strategic initiatives and to jointly create and execute plans to address them.
• The Board and College President should ensure that they adhere to the inclusivity articulated in the college's planning and decision-making processes. The Board and College President should demonstrate a commitment to an environment respectful of meaningful discourse, in their official capacities and when interacting with each other
• As per North Idaho College policy, the President should create a strong new board member on-boarding program as well as ongoing development related to board governance, roles and responsibilities, effective participation, conflict of interest identification and ethics.
• The Board must act to unequivocally identify one CEO/President for the institution and ensure that individual has a valid contract and ensure that the President has a clear understanding of their conditions of employment, rights, responsibilities, and criteria and procedures for evaluation, retention, and termination.
• The college should resolve current litigation, governance, and accreditation issues that have had a current and immediate impact on actual, current, and budgeted expenditures and which, if unresolved, will impact long-term financial stability of the institution.

The college will be under heightened monitoring through the extension.

Next steps in the extension review include:

• Special report and site visit in Fall 2023
• Special report and site visit in Spring 2024
• Mid-Cycle Review in Fall 2024
• Typical Year 6 Review of NWCCU Standard 2 in Spring 2026
• Typical Year 7 Evaluation of Institutional Effectiveness in Spring 2027

NIC has until April 1, 2025 to return to good standing with the NWCCU. If the college has not received a status of good standing by then, the NWCCU must withdraw the college's accreditation, per NWCCU policy and federal requirements.

The college will release additional information, including impact on students and college business and operations, as soon as college leadership is able to review and prepare strategies to continue addressing the concerns listed in the extension.

Read the NWCCU's July 7 extension letter

NIC's Radiography Technology program has been put on probation by its programmatic accrediting body, the Joint Review Commission on Education in Radiologic Technology (JRCERT).

NIC has institutional accreditation through the Northwest Commission on Colleges and Universities (NWCCU); however, several NIC programs ‐ most within the Health Professions Division ‐ also have programmatic accreditation, which is specialized to individual fields and industries. Find more information about different types of accreditation at nic.edu/keypoints/archive under "Accreditation Information."

Many programmatic accreditors require institutional accreditation. For these programs, institutional sanction automatically triggers review and sanction by programmatic accreditors until the college returns to good standing. NIC is currently under show cause review by the NWCCU, though the college remains accredited through the review process.

JRCERT discussed the program's accreditation status during a June 13 meeting after conducting an unannounced site visit to NIC Feb. 27-28. The college received notification of the program's probation status June 20.

The probation decision was based on areas of noncompliance in the following JRCERT standards:

• Objective 1.7: Lack of assurance that the sponsoring institution and program comply with the requirements to achieve and maintain JRCERT accreditation.
• Objective 2.1: Lack of assurance that the sponsoring institution provides appropriate administrative support and demonstrates a sound financial commitment to the program.

The program was not cited for any standards related to faculty and staff; curriculum and academic practices; health and safety; or program effectiveness.

Program staff and administration are required to submit a progress report to JRCERT by Sept. 1. The college must also notify JRCERT of any decision made by the NWCCU regarding NIC's institutional accreditation status by Sept. 1.

NIC expects to be notified of the NWCCU's decision by late July. Find more information about the NWCCU's accreditation review and NIC's participation in their decision process at nic.edu/keypoints/archive under "Next Steps."

The NIC program must return to good standing with JRCERT by June 13, 2025, to retain programmatic accreditation.

Program staff are notifying current and potential students regarding implications related to the program's probationary status, including Zoom meetings with students scheduled for July 17. For more information, contact NIC Radiography Technology Program Director Matthew Nolan at (208) 676-7133 or matthew.nolan@nic.edu; or NIC Student Success Navigator for Health Professions Betsy Conery at (208) 625-2320 or betsy.conery@nic.edu

The college will continue to support students in the RadTech program. Credits earned through NIC's RadTech program are valid through both the college's show cause review with the NWCCU and the program's probation status with JRCERT.

Read JRCERT's June 20 letter regarding NIC's Radiography Technology program's probation, as well as JRCERT's Policy 10.700JRCERT's Policy 10.700 regarding disclosure of accreditation status.

North Idaho College's Nursing program has been granted continued accreditation from its programmatic accreditor, the Accreditation Commission for Education in Nursing (ACEN).

The ACEN notified the college of continued accreditation in a May 5 letter, and the commission commended the NIC Nursing program on graduates' pass rate in the National Council Licensure Examination (NCLEX), a nationwide exam for the licensing of nurses in the U.S., Canada and Australia.

"The program has consistently had NCLEX pass rates at 90% or higher since 2012,"" according to ACEN, and NIC Associate Dean of Nursing and Health Professions Erlene Pickett said in the first quarter of 2023, NIC nursing students completed the NCLEX with a pass rate of 97.5%, which is more than 17% higher than the national pass rate for first-time test takers and for students of associate degree in nursing programs.

ACEN's decision to continue programmatic accreditation also identified areas that need development within NIC's Nursing program, including data assessment, interpretation and strategic action regarding student learning outcomes and job placement, as well as information available regarding the LPN-to-RN Advanced Standing program.

With ACEN's decision, the NIC Nursing program receives continued accreditation through a full eight-year cycle and will be re-evaluated in 2030. However, if NIC's institutional accreditation from the Northwest Commission on Colleges and Universities is withdrawn, the NIC Nursing program would be ineligible for programmatic accreditation through the ACEN.

Find ACEN's May 5 letter regarding continued accreditation for NIC's Nursing program at nic.edu/accreditation or read the full letter here.

In the case the NWCCU decides to withdraw NIC's accreditation, NIC and the NWCCU would collaborate to develop a teach-out agreement, in which for-credit NIC students would be able to finish their degree or certificate programs at NIC or at another accredited college or university.

Accreditation applies to for-credit courses and programs; meaning any student seeking an associate degree or an intermediate or advanced technical certificate at NIC falls under the umbrella of our accrediting body, the Northwest Commission on Colleges and Universities (NWCCU). Students earning traditional academic credits with the goal of transferring to another college or university also fall under the NWCCU umbrella.

The NWCCU also has oversight over students seeking to apply non-credit programs or basic technical certificates toward an intermediate or advanced technical certificate or an associate degree.

However, accreditation does not apply to students taking non-credit courses, which generally includes all Workforce Training Center students and apprentices, as well as any students pursuing basic technical certificates or other certificates less than 30 semester credit hours.

Most of NIC's technical certificates are offered through the WTC or within our Career and Technical Education division Please note, however, many CTE programs offer an associate of science degree or an intermediate or advanced technical certificate (each of which does require accreditation), as well as a basic technical certificate (which does not require accreditation).

Most WTC programs - including certificates and apprenticeships in health care, emergency services, and trades and industry - do not require accreditation. WTC's Business and Professional Development, Special Interest and Customized Training programs are also not under the NWCCU umbrella.

Accreditation also does not apply to our Adult Education Center so students would be able to earn GED® certificates in the case that NIC's accreditation is withdrawn.

NIC remains accredited through its show cause review. The NWCCU has not yet decided action regarding NIC's accreditation, though we expect a decision by July 2023.

In the case the NWCCU decides to withdraw NIC's accreditation, NIC and the NWCCU would collaborate to develop a teach-out agreement, in which for-credit NIC students would be able to finish their degree or certificate programs at NIC or at another accredited college or university.

Updated Tuesday, April 11

The Northwest Commission on College's and Universities (NWCCU) revised several policies that may impact North Idaho College's accreditation review. Here are a few important changes to note:

Accreditation Actions Policy: The NWCCU added a section titled "Accreditation Actions Following Non-Compliance" that allows the NWCCU to reaffirm accreditation even when an institution is non-compliant with one or more of the NWCCU's requirements. In this case, the NWCCU would notify the institution via a letter of action that defines a timeline to return to compliance. This process would also require reports, visits and possible checkpoints for demonstrating compliance.

Appeals Policy: The NWCCU added information regarding the grounds for appeals and conduct of an appeal hearing, as well as details regarding the appeals board, witnesses, record keeping and notice requirements.

Arbitration Policy: The NWCCU codified requirements regarding arbitrators, including required qualifications and the method of appointing arbitrators, as well as details regarding the process of an arbitration procedure.

At a March 10 executive committee meeting, the NWCCU revised 10 other policies, including:

• Administrative Procedures for Institutional Visits, Reports and NWCCU Board of Commissioner Meetings
• Communication with Accreditation Constituencies and Title IV Oversight
• Complaints Against NWCCU Policy
• Complaints Regarding Member or Candidate Institutions Policy
• Direct Assessment and Competency-Based Education Policy
• Procedures to Close a Program, Branch Campus or Institution
• Public Disclosures Required by Institutions Policy
• Record of Student Complaints Policy
• Review of Standards for Accreditation, Eligibility Requirements and Policies Policy
• Substantive Change Policy

Revised policies were posted to the NWCCU website March 29. Find all NWCCU policies here.

The Northwest Commission on Colleges and Universities (NWCCU) evaluates all member institutions based on criteria that the NWCCU calls Standards and Eligibility Requirements.

There are two standards that the NWCCU holds all member institutions to:

• Standard 1: Student Success, and Institutional Mission and Effectiveness
• Standard 2: Governance, Resources and Capacity

These standards include 47 sub-standards in related categories, including instructional effectiveness, student learning and achievement, academic freedom, policies and procedures, institutional integrity and resources(financial, human, student support, library, information, physical and technology).

The NWCCU also evaluates member institutions on 23 Eligibility Requirements related to college operations. Eligibility Requirements range from operational focus and independence to governing board to the institution's relationship with the NWCCU, among many others.

Failure to meet any of the NWCCU's Standards or Eligibility Requirements may lead to the imposition of a sanction or adverse action for a member institution. In its Feb. 9 letter regarding a show cause sanction, the NWCCU identified eight different areas of risk related to 15 standards and 10 eligibility requirements.

North Idaho College has compiled an abridged version of the NWCCU's Standards and Eligibility Requirements, including the areas of risk identified by the NWCCU, as a reference guide for our community. View the NIC’s Quick Reference Guide.

The full version of each can be found on the NWCCU's website. See NWCCU Standards and NWCCU Eligibility Requirements.

Updated Thursday, March 23

NIC currently has institutional accreditation through the Northwest Commission on Colleges and Universities (NWCCU). There are different types of accreditation, though.

Institutional accreditation (formerly known as regional accreditation) applies to an institution as a whole. Until 2021, institutional accreditors were restricted to a general geographical region. Changes to the Higher Education Authorization Act now permit institutional accreditors to accept member institutions nationwide. Other institutional accreditors in the U.S. include the Higher Learning Commission, Middle States Commission on Higher Education and New England Commission on Higher Education. See the Council for Higher Education Accreditation's regional map.

Programmatic or specialized accreditation applies to individual educational programs within an institution. For example, NIC's Dental Hygiene program has programmatic accreditation through the Commission on Dental Accreditation, and the NIC Radiography Technology program has programmatic accreditation through the Joint Review Committee on Education in Radiologic Technology.

National accreditation is similar to institutional accreditation in that it applies to an institution as a whole but differs in that nationally accredited schools are thematically grouped (information technology, faith-based or distance education institutes, or liberal arts colleges). For example, Great Northern University — a four-year Christian university in Spokane — is accredited by the Transnational Association of Christian Colleges and Schools (a national accrediting body) and is also an applicant for accreditation through the NWCCU.

For more information about types of accreditation, see the NWCCU's Accreditation Handbook or the Council of Higher Education website.

According to the Chronicle of Higher Education, only two other public institutes of higher education in the mainland U.S. have received a show cause sanction by their institutional accreditor since 2016.

Though there are general outlines for accrediting bodies to follow during a show cause review, this is a rare process that is tailored to each school's unique situation and to their accreditor's concerns and requirements.

The college - including the NIC Board of Trustees and college administration - are working through the show cause review in good faith with the NWCCU.

NIC sends report to NWCCU regarding recommendations in its July 7 action letter.

North Idaho College Special Report, Fall 2023

North Idaho College is working toward compliance with the accreditation standards of the Northwest Commission on Colleges and Universities (NWCCU) as the college continues its work toward good standing.

The NWCCU has detailed specific areas of concern in which the college must demonstrate compliance to return to good standing.

Here is the list of tasks that NIC must address in its Fall 2023 special report, which is due Sept. 18, and in a special site visit tentatively scheduled for Oct. 31 to Nov. 1.

Policy Tasks

• Affirm and adhere to institutional and board policies, specifically those related to appropriate roles and responsibilities, expectations, professional conduct and ethics, and grievance procedures.
• Develop and execute presidential evaluation procedures, as well as policies regarding retention of presidential evaluations records. (Note: The NWCCU has noted the college to be substantially compliant but in need of improvement in this task.)
• Advance specific policies and procedures to address concerns identified in the show cause sanction and take timely and definitive action to mitigate or eliminate risks identified in the show cause sanction.

Governance Tasks

• Ensure full occupation of board by five trustees. (Note: This requires formal notification to the NWCCU regarding the makeup of the board by interim trustees appointed by the State Board of Education in 2022, as well as regarding the current makeup of trustees after the 2022 election.)
• Resolve issues identified in no confidence votes from students and employees, and demonstrate willingness to work with and support students, faculty and staff when they communicate concerns.
• Achieve consensus between the board and college leadership to identify internal and external strategic initiatives and to jointly create and execute plans.
• Ensure adherence to inclusivity articulated in NIC’s planning and decision-making processes; and demonstrate a commitment to an environment respectful of meaningful discourse.

Institutional Tasks

• Rebuild the college’s administrative and academic leadership team, including:
  • Appointing a permanent president using a process that permits an appropriate level of engagement by institutional stakeholders.
  • Hiring for currently vacant and/or interim vice-president positions after the permanent president is identified.
• Ensure transparency regarding financial resources by ensuring that:
  • Processes to inform faculty and staff are consistent from year to year.
  • Processes to inform trustees regarding financial decisions are applied equitably.

(Note: The NWCCU has noted the college to be substantially compliant but in need of improvement in this task.)

The college will share more information about its special reports and site visits as information becomes available. Sign up for Accreditation Updates in the Key Points signup form to the right.

North Idaho College is working toward compliance with the accreditation standards of the Northwest Commission on Colleges and Universities (NWCCU) as the college continues its work toward good standing.

The NWCCU has detailed specific areas of concern that the college must demonstrate compliance to return to good standing.

Here is the list of tasks that NIC must address in a special report and site visit in Spring 2024.

Governance Tasks:

• Continue training and development activities for the board and president to:
  • Improve governance.
  • Ensure ethics and general conduct policies are followed.
  • Demonstrate a sustained commitment to the NWCCU’s Standards and Eligibility Requirements through concrete actions over time.
• Create a strong new onboarding programs for trustees, as well as ongoing development related to:
  • Board governance
  • Roles and responsibilities
  • Effective participation
  • Conflict of interest identification
  • Ethics
• Understand, embrace, adhere to and comply with existing shared governance structures in place at NIC. (Note: The NWCCU has noted the college to be substantially compliant but in need of improvement in this task.)

Institutional Tasks:

• Take action to resolve uncertainties regarding both the college’s leadership and accreditation status in order to improve retention of existing employees and fill current vacancies.
• Identify one college president and ensure a valid presidential contract, as well as a clear understanding of the president’s conditions of employment, rights, responsibilities, and criteria and procedures for evaluation, retention and termination.
• Resolve current litigation, governance and accreditation issues that have had a current and immediate impact on actual, current and budgeted expenditures, and which, if unresolved, will impact the long-term stability of the college.

The college will share more information about its special reports and site visits as information becomes available. Sign up for Accreditation Updates in the Key Points signup form to the right.

Updated Tuesday, Sept. 15

NIC Special Report: Sanction of Show Cause

NIC sends report to NWCCU regarding recommendations in its July 7 action letter.

North Idaho College Special Report, Fall 2023

Updated Tuesday, July 11

NIC continues to be accredited with the show cause sanction extended by the Northwest Commission on Colleges and Universities (NWCCU). 

The NWCCU specified several requirements and next steps for the college to fulfill in the coming months, including a special report and visit.  

The Fall Semester special report and visit must address nine concerns the NWCCU has identified:  

• The board must resolve the issues underpinning all "no confidence" resolutions and demonstrate a willingness to work with and support faculty, staff and students when their concerns are communicated. 
• Procedures for presidential evaluation and policies for retention of presidential evaluation records need to be developed and executed.
• The board must advance specific policies and procedures and must take timely and definitive action to mitigate or eliminate the risks identified in the NWCCU Show Cause letter, dated February 9, 2023. 
• Through its governance system, North Idaho College should work to achieve consensus between the board and college leadership to identify internal and external strategic initiatives and to jointly create and execute plans to address them.  
• The board and president should ensure that they adhere to the inclusivity articulated in the college's planning and decision-making processes. The board and president should demonstrate a commitment to an environment respectful of meaningful discourse, in their official capacities and when interacting with each other. 
• The college must ensure transparency regarding financial resources by ensuring that processes to inform faculty and staff are consistent from year to year and processes to inform board members regarding financial decisions are applied equitably. 
• The NIC Board of Trustees must be constituted to include the minimum of five trustees.
• The board reviews, affirms and adheres to institutional and board policies, particularly those pertaining to appropriate roles and responsibilities, expectations, professional conduct and ethics, and grievance procedures.
• The institution works to rebuild its administrative and academic leadership team. This includes: a. The appointment of a permanent president utilizing a process that permits an appropriate level of engagement by institutional stakeholders. b. Hiring for the currently vacant/interim Vice President positions after the permanent president is identified.

NIC confirmed that the special site visit is scheduled for Oct. 30 to Nov. 1, and the college will likely submit its special report to the NWCCU by mid-September.  

Heightened monitoring is a requirement for NIC to regularly update the NWCCU regarding financial information submitted to the NIC Board of Trustees and regarding enrollment reports at the end of each term. However, in its July 7 letter, the NWCCU also waived a previous requirement for NIC to submit ad hoc reports after each meeting of the NIC Board of Trustees.  

The July 7 letter also outlines the requirements for a second special report and site visit scheduled for Spring Semester, as well as lays out a four-year timeline for the periodic reports required through the NWCCU’s normal seven-year review cycle.   

NIC must return to good standing by April 1, 2025 to retain its NWCCU membership. The college remains accredited through the extension and review process.  

The Northwest Commission on Colleges and Universities (NWCCU) is preparing an action letter to North Idaho College outlining the decision regarding the college's accreditation status, including next steps in the process.

The commissioners are required by NWCCU policy to notify the college within 30 days of a decision. The NWCCU discussed NIC's accreditation status during a June 23 hearing.

NIC expects to be notified of a decision by Sunday, July 23 at the latest.

The NWCCU met to discuss NIC's accreditation status during an annual commission meeting, and several NIC leaders were present for and participated in a hearing. Find more information about NIC's participation in the NWCCU hearing at nic.edu/keypoints/archive under "Next Steps."

More than 20 commissioners participated in the hearing and will collaborate to prepare the action letter notifying NIC of the decision. The action letter must also undergo comprehensive review by the NWCCU before commissioners submit the official notification to NIC.

The college has received the general guidance from the NWCCU to refrain from anticipating or speculating any potential outcomes; however, NWCCU policy outlines general potential paths forward. Find more information about potential next steps at nic.edu/keypoints/archive under "Next Steps."

The college will release the NWCCU's decision and any additional information regarding NIC's accreditation status as soon as possible upon receipt of the action letter. To get the latest information, sign up to receive email updates in the Accreditation Updates signup form to the right.

NIC is currently under a sanction of show cause; however, the college remains accredited through the review process.

Find more information about Accreditation Information, Next Steps, Student Impact, the NIC Board of Trustees and College Business and Operations at nic.edu/keypoints/archive.

North Idaho College will release information regarding any change to its accreditation status by the Northwest Commission on Colleges and Universities (NWCCU) as soon as possible once the college receives notification of a decision by the commission.

NIC is currently under a sanction of show cause by the NWCCU; however, the college remains accredited through the review process.

The NWCCU's annual meeting is scheduled for June 20-23, and although a hearing is scheduled to discuss NIC's show cause review, it is not guaranteed that the NWCCU will decide the college's accreditation status during this meeting.

NIC leaders will attend and participate in the hearing; however, they will neither participate in nor be present for decision-making discussions, which would take place in a closed session with NWCCU commissioners.

The NWCCU is required to notify the college of any official decision within 30 days, according to NWCCU policy. The NWCCU will also likely include the State Board of Education and the U.S. Department of Education in any notification regarding accreditation actions.

Once the college receives notification of the NWCCU's decision, NIC will announce the decision as soon as possible. To get the latest information, sign up to receive email updates in the Accreditation Updates signup form to the right.

The NWCCU will also publish information regarding its decision at nwccu.org within one day of notifying the institution, according to its Notifications of Accreditation Actions requirements outlined in NWCCU policy. Read the NWCCU's Communications with Accreditation Constituents and Title IV Oversight policy.

Find more information on potential paths forward during NIC's accreditation review at nic.edu/keypoints/archive under "Next Steps."

Administrative leaders from North Idaho College have been invited to participate in a hearing regarding the college's accreditation status with the Northwest Commission on Colleges and Universities (NWCCU).

The NWCCU will consider the college's accreditation status during their June 20-23 meeting in Seattle, with a hearing scheduled for Friday, June 23.

NIC President Nick Swayne shared information about the upcoming hearing and the college's participation in the process during the June 7 meeting of the NIC Board of Trustees.

The following NIC representatives and employees will attend the hearing:

• President Nick Swayne
• Board of Trustees Chair Greg McKenzie
• Interim Provost Lloyd Duman
• Vice President of Finance and Business Sarah Garcia
• Dean of Instruction Sherry Simkins
• Director of Human Resources Karen Hubbard
• Accreditation Liaison Officer Steve Kurtz

Other participants in the hearing include the NWCCU commissioners and the chair of the peer evaluation team that visited NIC's campus April 26-27 and submitted a peer evaluation report.

The college's hearing will include the following:

• Comments by the chair of the peer evaluation team (10 minutes, closed session)
• Introduction of hearing participants, attendees
• Opening remarks by NIC President Swayne (5-10 minutes)
• Questions and comments by primary and secondary commissioners
• General commission Q&A (10-15 minutes)
• Closing comments by NIC President Swayne

NIC expects the NWCCU to deliberate the college's accreditation status after the hearing, though the deliberation process is closed; NIC representatives will not be present during potential decision-making discussions by the NWCCU on June 23.

Once the NWCCU decides NIC's accreditation status, the accrediting body must notify the college within 30 days, according to NWCCU policy. NIC expects notification of a decision in July, though an exact date has not been identified.

North Idaho College submitted its last official report to its accrediting body, the Northwest Commission on Colleges and Universities (NWCCU), in advance of the college's June 23 hearing regarding its accreditation status.

NIC's May 30 report is the college's response to a May 17 site visit report submitted by a peer evaluation team from the NWCCU regarding the college's show cause review. The peer evaluation team visited the NIC campus April 26-27 to confirm information in NIC's March 30 show cause report.

The May 30 report details improvements made by the college and the NIC Board of Trustees toward compliance with NWCCU Eligibility Requirements and Standards in recent months, as well as the college's concerns about "ambiguous 'potential inaccuracies'" noted by the peer evaluation team in their site visit report.

The most recent report also includes information regarding feedback submitted by members of the NIC Board of Trustees, and trustee Greg McKenzie provided an appendix titled "Input from the Board Chair" that was submitted to the NWCCU in addition to the college's report.

The report asks for a reduction in sanction that would allow the college to continue efforts to return to good standing with the NWCCU.

"With the recent documented observations of the (peer) evaluation team and with recent improvement by the board, the college respectfully requests the commission to reduce the current sanction of show cause," the report states. "This would provide the employees, students - both current and prospective - and the community a strong sign of NWCCU's confidence that the college can return to good standing."

The NWCCU's meeting is scheduled for June 20-23 in Seattle. A small group of NIC leaders and representatives have been invited to participate in a hearing regarding the college's accreditation on Friday, June 23.

The NWCCU must notify the college of a decision regarding its accreditation status within 30 days of a decision. NIC expects to hear the NWCCU's decision in July.

Find NIC's May 30 site visit response at nic.edu/accreditation or read the full report and Trustee McKenzie's "Input from the Board Chair" here.

Updated Tuesday, April 19

An accreditation peer evaluation team associated with the Northwest Commission on Colleges and Universities (NWCCU) will visit NIC's Coeur d'Alene campus next week in part of the college's show cause review.

The NWCCU requires any institution under a show cause sanction to host peer evaluators selected by the NWCCU so they can confirm information submitted by the institution in a show cause response. NIC submitted its show cause response to the NWCCU on March 30. Read the NIC March 30 response to the NWCCU’s show cause sanction .

Each member of the evaluation team is a peer evaluator, a volunteer higher education expert that is trained by the NWCCU to serve on the peer evaluation team. Information about individual members of the peer evaluation team will not be shared in advance of the show cause visit.

During the show cause visit, a team of five peer evaluators will conduct individual interviews with each member of the NIC Board of Trustees and college administration, including:

• NIC President Nick Swayne
• President's Cabinet
• VP of Finance and Business Affairs Sarah Garcia
• Chief Communications and Government Relations Officer Laura Rumpler
• Chief Human Resources Officer Karen Hubbard
• Interim Provost Lloyd Duman

The peer evaluator team will also host forums with students and employees, meet with constituent leaders and will have a virtual meeting with representatives from the Idaho State Board of Education.

No part of the show cause visit is open to the public. Forum information has been shared with students, faculty and staff, but a detailed schedule will not be published.

In a typical site visit, the peer evaluation team is required to deliver a report to the institution and to the NWCCU within three weeks of the visit, and the college will be able to respond to the peer evaluation team's show cause visit report.

Following the NWCCU's timetable for visits, NIC will likely hear from the peer evaluation team in the weeks following the visit and give factual corrections and feedback on drafts of the peer evaluation team's report. The final version of the peer evaluation team's report will likely be submitted to NIC and the NWCCU by May 18.

NIC would be able to respond to the peer evaluation team's report by May 28, in advance of the NWCCU's meeting scheduled for June 20-23. NIC's accreditation is expected to be a topic of discussion and/or action during the NWCCU's June meeting.

North Idaho College submitted its response March 30 to the Northwest Commission on Colleges and Universities (NWCCU) regarding the sanction of show cause, asking the accrediting agency to place the college on a lesser sanction while it works toward compliance with NWCCU Eligibility Requirements and Standards.

"We ask that the NWCCU allow us to step back from the show cause cliff where we find ourselves and place us on a lesser sanction so that we can work to resolve all risks expeditiously and return to good standing," the response states. "This situation is uncharted territory for both of us, and we need your help."

The NWCCU issued the college a sanction of show cause Feb. 9 and required NIC to submit a response by March 31 to address each concern identified in the show cause sanction.

• Three lawsuits (two active, one settled)
• Frequent changes in leadership with little to no input from relevant stakeholders and without following institutional policies and procedures
• Uncertainty as to who is the Chief Executive Officer, with a regular president (President Swayne) placed on administrative leave and an interim president (President South) appointed concurrent with the regular president
• Declining enrollments, including dual credit partnerships
• Continued exodus of faculty, staff and senior administrators
• Decision with little to no input to expand athletics program and to change athletics conference with potential added costs
• Multiple no confidence resolutions from the Associated Students of NIC, NIC Faculty Assembly and NIC Staff Assembly
• Risk of significant financial stress

The 36-page response includes a timeline of events and risks; responses to each individual viability risks, including problem statements, board events and effects, discussion and evidence of progress; and a summary and final thoughts.

NIC's show cause response affirms the college's commitment to NIC students and their success.

The response also acknowledges the risks identified by the NWCCU have not yet been fully resolved, though "there is evidence of progress."

"It is our sincere hope that this evidence demonstrates that North Idaho College's Board of Trustees, president, administration, faculty, staff and students are all committed to working together to make the substantive changes in college governance necessary to come into full compliance with all NWCCU Eligibility Requirements and Standards," the response states. "We know it will take time for the evidence of change to become visible - it will not happen overnight."

Read NIC's show cause response.

UPDATE April 11, 2023: The NWCCU updated a number of their policies, including the three policies referenced below. The information below has been fact-checked and remains accurate. Find more information about the NWCCU's policy updates at nic.edu/keypoints/archive under "Accreditation Information."

The NWCCU's Accreditation Action Policy outlines three potential results to show cause review: a change in sanction level, an extension for good cause or adverse action.

Positive response: Demonstrable progress towards resolving the concerns raised in a show cause sanction could result in a reduction of the level of sanction from show cause to probation or warning. With a lower sanction, NIC would be monitored and required to show continuing improvement until the college is back in compliance. If the institution does not continue to show improvement, show cause status could be reinstituted or an adverse action could be taken.

Neutral response: An extension for good cause would be an extension of NIC's noncompliance status of show cause. This potential decision can be made under exceptional circumstances at the NWCCU's discretion, and the extension would last less than one year. In this outcome, NIC would be required to continue efforts toward earning "good standing" with the NWCCU.

Negative response: "Adverse action" would be taken if an institution has not demonstrated compliance in their show cause response, including the report and on-site visit. Adverse action can be appealed through the NWCCU Appeals Procedure.

The NWCCU Appeals Procedure would allow NIC to file a written appeal in the case that the college receives adverse action. The appeal board's decision would be the NWCCU's final decision, though the NWCCU also allows for arbitration procedure, in which a group of independent higher education and accreditation experts review the NWCCU appeal board's decision.

For more information, see the NWCCU's Appeal Procedure Policy and Arbitration Policy

*The NWCCU policies linked here are archived policies that are no longer in effect; each of these policies have been updated since publication of this Key Point. See all current NWCCU policies and find more information about the policy updates at nic.edu/keypoints/archive under "Accreditation Information"

There are several events leading up to a decision by the Northwest Commission on Colleges and Universities (NWCCU) regarding NIC's accreditation. This is the current timeline of events as of Tuesday, March 7; dates are subject to change at any time at the NWCCU's discretion.

MARCH 31: NIC must submit a written response to the NWCCU's show cause letter by March 31. In this response, NIC must provide evidence that the college has made all necessary improvements and meets the NWCCU's standards. The NWCCU identified 26 individual points of concern in the show cause letter that must be addressed in NIC's response.

APRIL 26-27: The NWCCU is scheduled to conduct an on-site visit to NIC's campus to verify the college's progress as outlined in our show cause response due March 31. Five representatives from the NWCCU will conduct the visit, and the college will share more information when it is available.

JUNE 20-23: The NWCCU's next commission board meeting is scheduled for June 20-23 in Seattle, and NIC's accreditation is expected to be a discussion and action item during this meeting; however, the NWCCU retains the right to call an emergency meeting at any time. It is also up to the NWCCU's discretion whether to require NIC representatives to appear before the NWCCU as it considers the college's accreditation status.

If NIC receives a negative response from the NWCCU, the college would remain accredited until a withdrawal date specified by the NWCCU.

In NIC receives a positive response from the NWCCU, the college would be given up to one year to continue demonstrating compliance with the NWCCU's requirements and standards with the goal of restoring an accreditation status of good standing.

Updated Tuesday, July 11

The Northwest Commission on College and Universities (NWCCU) has not required NIC to enter any formal teach-out agreements in its review of NIC’s accreditation status.  

NIC retained its accreditation and the show cause sanction was continued by the NWCCU on July 7.  

All NIC courses remain accredited courses while under show cause sanction and the NWCCU’s review. Any credit earned will be recognized as valid and accredited. Any NIC credit earned – whether this Fall Semester, this past Spring Semester or any term prior – is and will remain transferable.  

The college’s commitment to preparing students to enter the local and regional workforce is continuing full-steam ahead. NIC’s Health Professions programs’ clinical partnerships with regional healthcare providers continue for the benefit of not only our students, but also local clinics and their patients. 

For new incoming students, Advising Services is hosting free Advising & Campus Welcome Sessions throughout the summer. These two-hour registration events give students the chance to: 

- connect with academic advisors and other new students 
- register in Fall courses 
- tour the Coeur d’Alene campus or NIC at Sandpoint 
- chat with Financial Aid 
- load up on some great NIC gear 

Sign up today at nic.edu/campuswelcome.   

Continuing students in need of advising and registration support can contact Advising Services at advising@nic.edu or (208) 769-7821. Your advisors are here for you!

North Idaho College has developed long-standing articulation agreements with the University of Idaho and Lewis-Clark State College to establish partnerships for NIC students to transfer credits effectively and efficiently.

The Idaho State Board of Education (SBOE) Articulation and Transfer policy requires institutions whose students show consistent patterns of transferring to enter articulation agreements, which define transfer pathways for students between institutions and can be tailored for specific programs within institutions.

NIC has current and valid articulation agreements with both the University of Idaho and Lewis-Clark State College, as many NIC students transfer to these regional four-year institutions to continue their education.

These articulation agreements define credits and/or courses required for NIC students to transfer seamlessly to undergraduate programs at U of I and LCSC.

LCSC's agreement ‐ commonly known as LC Express ‐ allows NIC students who earn their associate degree to immediately enter upper-division courses in 24 different bachelor's degree programs at LCSC, including Business and Computer Science; Humanities; Physical, Life, Movement and Sports Science; Social Science; and Teacher Education and Mathematics.

U of I also has dozens of specific curriculum plans for associate degrees earned at NIC to transfer directly into bachelor's degree programs. This partnership includes more than 35 direct pathways from an NIC associate degree to a U of I bachelor's degree.

Both U of I and LCSC have remained committed to articulation agreements with NIC and supported and welcomed transfer students from NIC. On Dec. 21, 2022, the Idaho SBOE also committed to continuing to recognize credits earned at NIC prior to and throughout the college's review with the NWCCU. Read SBOE President Kurt Liebich's statement.

North Idaho College is one of eight higher education institutions included in a statewide framework to ensure undergraduate general education credits seamlessly transfer between Idaho's public colleges and universities.

All credits earned at NIC will continue to transfer under this framework throughout the college's accreditation review. In the case that NIC's accreditation is withdrawn in the future, previously earned NIC credits would still transfer; there would be no change in the transferability of earned credits.

The Idaho State Board of Education (SBOE) Articulation and Transfer policy defines a guiding general education framework and establishes guidelines for General Education Matriculated (GEM) curricula to ensure transferability of college credits between the following colleges and universities:

• Boise State University
• College of Eastern Idaho
• College of Southern Idaho
• College of Western Idaho
• Idaho State University
• Lewis-Clark State College
• North Idaho College
• University of Idaho

All GEM courses seamlessly and universally transfer to other institutions in the state. If students complete all required GEM courses, they earn their General Studies Academic Certificate and are considered GEM-complete at the other public two-year and four-year institutions in Idaho. Whether a student takes individual GEM courses or completes all GEM requirements at NIC, the student's GEM credits are universally accepted at Idaho's public two-year and four-year institutions.

This SBOE policy applies to accredited postsecondary institutions in Idaho. NIC has institutional accreditation through the Northwest Commission on Colleges and Universities (NWCCU), and although NIC has been issued a show cause sanction by the NWCCU, NIC remains accredited throughout the show cause review. The college anticipates a decision from the NWCCU regarding its accreditation status in July.

Find more information about the SBOE Articulation and Transfer policy.

The Northwest Commission on Colleges and Universities (NWCCU) added information regarding teach-out scenarios in updates to its Procedure to Close a Program, Branch Campus or Institution policy made in March.

The policy includes the distinction between a teach-out plan and a teach-out agreement as defined by federal law. A teach-out agreement is a written contract between institutions to ensure students of a closing institution may complete their programs of study; a teach-out plan is an overarching framework in which a closing institution prepares requirements to ensure students succeed in finishing their programs and the available options for such an agreement.

The NWCCU would require an institution receiving teach-out students to have the experience, resources and support services necessary to provide a program of acceptable quality that is reasonably similar in content, structure and schedule to the students' programs at the closing institution.

Any teach-out agreement would also be required to meet NWCCU, state and federal standards and requirements, and a receiving institution must be in good standing with its accrediting body to enter a teach-out agreement approved by the NWCCU.

The policy also codifies notification and timeline requirements.

North Idaho College was required to include an overarching teach-out plan - not a formal teach-out agreement - with its show cause response. See NIC's show cause response the college submitted to the NWCCU on March 30: NIC March 30 response to the NWCCU’s show cause sanction . NIC's teach-out plan was submitted as a separate document with the show cause response but has not been made public as it contains student information protected under the Family Education Rights and Privacy Act (FERPA).

The NWCCU has not required NIC to prepare a formal teach-out agreement at this time.

Any NIC credit earned during Spring 2023 - and any previous semester going back to 1947 - is a legitimate college credit with accreditation by the NWCCU. Students' credits will transfer and will count toward academic degrees and/or certificates, as they always have.

NIC's accreditation status stands throughout the show cause review with the NWCCU.

Until the NWCCU makes an official decision, NIC remains accredited. The college anticipates a decision from the NWCCU by late June.

If NIC receives a positive response from the NWCCU, accreditation will stand; students and credits would not be impacted, and NIC would continue operations as normal while college administrators and the NIC Board of Trustees work to continue compliance with the NWCCU's standards and requirements.

If NIC receives a negative response from the NWCCU, the college would develop a teach-out agreement to offer reasonable opportunities for students to complete their programs of study. Since a teach-out agreement has not yet been required, the details of such an agreement have not been developed.

In the case that NIC loses accreditation, the Idaho State Board of Education (SBOE) - the state entity that oversees all public colleges, universities and school districts in Idaho - has promised that as a state board, "we have your (NIC students') back."

Here is the partial statement from SBOE President Kurt Liebich released on Dec. 21, 2022:

"For students, regardless of what happens through this process, the credits you've earned - whether you are alumni or you just finished your exams for the last semester - those credits are good, and they will be recognized throughout the State of Idaho. I'm hopeful ... that the (NIC Board of Trustees) will do whatever it can to address the concerns that are out there, and that's where I hope we end up.

"But in a worst-case scenario, and North Idaho College does lose its accreditation, what I will commit to you is that this State Board is going to stand behind our students and we will do whatever we can to ensure there are off-ramps to other higher education institutions and that students have a seamless path forward to achieve whatever dreams they have."

Read SBOE President Kurt Liebich's statement.

The Northwest Commission on Colleges and Universities (NWCCU) requires NIC to include a teach-out plan with its response to the Feb. 9 show cause letter in accordance with federal requirements regarding a show cause sanction.

In NIC's current teach-out plan requirement, the college is tasked with providing the NWCCU with the following information:

• Number of current students enrolled in NIC programs
• Number of programs currently offered through NIC

List of similar programs available through other regional institutions and organizations

The required teach-out plan is a preliminary and overarching plan framework, not a formal agreement. There is a clear distinction between a teach-out plan and a teach-out agreement as defined by federal law.

The requirement of a formal teach-out agreement would happen in the case that closure is certain - NIC is still working through an extensive process with the NWCCU, and no adverse decision regarding NIC's accreditation has yet been made.

NIC is also in a unique situation. In most cases of accreditation loss, financial issues are a significant factor; however, NIC is financially stable. Because of this unique nature, there is no typical process or procedure, and the NWCCU would likely seek additional guidance from the U.S. Department of Education in the case that a formal teach-out agreement is required of NIC.

If a formal teach-out agreement is required in the future, NIC would develop that agreement in partnership with other higher education institution(s) for the NWCCU to consider and ultimately approve under the guidance of the U.S. Department of Education.

Representatives from the NWCCU emphasize that no decision regarding NIC's accreditation is being made without considering potential impacts on 4,000+ current NIC students. Representatives also stress that it is the sincere hope of the accrediting body that NIC is successful in its progress through the show cause review.

The college will give students, faculty, staff and the community notice if the NWCCU requires more information regarding a teach-out plan or any potential teach-out agreement.

The NWCCU's policy regarding accreditation actions is based on federal law.

The NIC Board of Trustees approved a board statement regarding votes of no confidence at a regular meeting on May 24.

The statement acknowledges multiple votes of no confidence the board has received from NIC's Faculty and Staff Assemblies and the Associated Students of NIC since 2021.

The statement expresses the board's appreciation of constituents' commitment, dedication and devotion to the college. It also states that each trustee intends "to learn to speak with one voice, focus on resolving conflicts and work together as a board to keep the interests of our students at the forefront of our efforts."

The statement was approved 3-2 with trustees Brad Corkill, Mike Waggoner and Tarie Zimmerman voting in favor of the statement; trustees Todd Banducci and Greg McKenzie voted nay.

Trustee McKenzie presented the statement as a draft at the board's regular meeting on April 26, and the college released a copy of the draft on May 1.

The board statement will be included in the college's response to the Northwest Commission on Colleges and Universities (NWCCU) regarding the report from a peer evaluation team's April site visit during the college's show cause review. NIC must submit that response to the NWCCU by May 30 in preparation for the accrediting body's June 20-23 meeting when NIC's accreditation status will be discussed. The college will release its May 30 response soon after submission and expects to hear a decision regarding its accreditation status in July.

Read the board's statement and find more information about the draft statement.

The North Idaho College Board of Trustees has participated in several individual and group training sessions with the Association of Community College Trustees (ACCT) as the college goes through a show cause review with our accrediting body, the Northwest Commission on Colleges and Universities (NWCCU).

The ACCT is a national educational non-profit organization with the mission of fostering standard principles and practices for governance and promoting high-quality and affordable higher education, workforce and development training, and student success and opportunities.

North Idaho College has contracted with two ACCT consultants - Ken Burke and Deborah DiThomas - to facilitate education and training for the NIC Board of Trustees.

Burke is a chief financial officer and clerk for Pinellas County in Florida and a former trustee for St. Petersburg Community College, as well as for the ACCT and the American Association of Community Colleges. DiThomas a seasoned leader in community colleges, serving as a dean, vice president of student services and then superintendent-president. The pair have more than 30 years of combined experience in community college leadership and governance.

The board has participated in several group training sessions on April 25, April 15 and Feb. 1, with the most recent training focusing on college governance and communication protocols. Individual trustees have also participated in one-on-one training and communication with the consultants.

The ACCT offers training and resources in a variety of topics in trustee education, including:

• Accreditation 101 for Trustees
• Board Policy
• Board-President Relationship
• Board Roles and Responsibilities
• Community College Board Ethics

NIC's consulting contract also includes resources for board self-assessment and presidential evaluations.

For more information about the Association of Community College Trustees, visit acct.org.

The two law firms identified by the NIC Board of Trustees as candidates in the college's search for legal counsel have submitted additional information.

At the direction of trustees during their June 7 board meeting, college staff solicited the following additional information from Boyles Law of Sandpoint and Stevens Clay of Spokane:

1. Client references that are relevant to North Idaho College
2. An engagement letter/retainer agreement
3. Examples of insurance coverage negotiations/risk management experience
4. Years of experience representing higher education clients, including client name and time represented
5. Any criminal or civil suits against you in the past seven years (or work with us to conduct a background check on primary counsel)
6. The proximity of your firm's place of business to NIC's Coeur d'Alene campus and commute time thereto (particularly in winter)

Boyles Law submitted an engagement letter on June 10, prior to staff's official request for the information above. The college has not received additional information from Boyles Law as of the deadline. Read the June 10June 10 and June 15June 15 responses and engagement letter.

Stevens Clay submitted their response to the college on June 20 after staff's official request for the information above. Read the responseresponse and engagement letterengagement letter.

The NIC Board of Trustees indicated that they would evaluate and discuss the candidates at their next meeting. The next regular board meeting is scheduled for Aug. 23, though the board has also indicated they may call a special meeting prior to Aug. 23.

Boyles Law and Stevens Clay are two of four respondents to the college's most recent request for qualifications regarding legal counsel. Read RFQ23-04RFQ23-04, including scope of services and evaluation considerations.

The college is currently represented by attorney Art Macomber, who was appointed as interim legal counsel in December after the college's long-standing legal counsel resigned in November. At the board's May 24 regular meeting, Mr. Macomber announced his withdrawal as NIC's interim legal counsel, effective Aug. 15; however, he said during the June 7 meeting he would continue assisting the college throughout the transition to new legal counsel.

NIC is also being represented by two independent attorneys appointed by the college's insurance company in three active lawsuits; however, these attorneys are not contracted to act as general legal counsel for the college.

Find more information about the college's search for long-term legal counsel at nic.edu/keypoints/archive under "College Business and Operations."

North Idaho College received four responses to the most recent request for qualifications (RFQ) for legal counsel.

The NIC Board of Trustees asked college administrators to gather more information about applicants during the regular June 7 meeting, and the college is sharing both RFQ responses and ‐ when available ‐ additional information here.

Four applicants responded to RFQ23-04RFQ23-04:
Boyles Law response
Holland & Hart response
Michael C. Gridley response and resume
Stevens Clay response

The NIC Board of Trustees asked for additional information ‐ including copies of proposed engagement agreements, as well as references and relevant experience ‐ from Boyles Law and Stevens Clay. The college will share this information upon receipt.

Holland & Hart submitted a proposed engagement letter to NIC on May 23 in preparation for NIC President Nick Swayne's recommendation of the Boise-based firm to the board during their regular May 24 meeting. Read Holland & Hart's engagement letter.

NIC employees created a matrix to evaluate the applicants based on the proposal requirements and required services detailed in RFQ23-04. The evaluation matrix and results were shared with the NIC Board of Trustees. See the evaluation matrix template.

The college is currently represented by attorney Art Macomber, who was appointed as interim legal counsel in December after the college's long-standing legal counsel resigned in November. At the board's May 24 regular meeting, Mr. Macomber announced his withdrawal as NIC's interim legal counsel, effective Aug. 15; however, he said during the June 7 meeting he would continue assisting the college throughout the transition to new legal counsel.

NIC is also being represented by two independent attorneys appointed by the college's insurance company in three active lawsuits; however, these attorneys are not contracted to act as general legal counsel for the college.

Find more information about the college's search for long-term legal counsel at nic.edu/keypoints/archive under "College Business and Operations."

The NIC Board of Trustees directed college administration to gather and provide additional information about two law firms that responded to the college's request for qualifications (RFQ) regarding legal services.

During the board's June 7 regular meeting, NIC President Nick Swayne said four law firms responded to the college's RFQ23-04 by the June 2 due date. Trustees reviewed the firms and narrowed the pool of applicants down to two firms based on proximity and availability.

Trustees asked President Swayne and college staff to solicit more information from Boyles Law PLLC of Sandpoint and Stevens Clay P.S. of Spokane. Trustees specifically asked for proposed engagement agreements, references and relevant experience in higher education from the two firms.

President Swayne said he would work with college staff to gather additional information to present to the trustees at their next meeting. The next regular meeting of the NIC Board of Trustees is scheduled for Aug. 23; though the board may call a special meeting at any time, given a quorum of at least three trustees and the meeting is properly noticed.

The college is currently represented by attorney Art Macomber, who was appointed as interim legal counsel in December after the college's long-standing legal counsel resigned in November. At the board's May 24 regular meeting, Mr. Macomber announced his withdrawal as NIC's interim legal counsel, effective Aug. 15; however, he said during the June 7 meeting he would continue assisting the college throughout the transition to new legal counsel.

NIC is also being represented by two independent attorneys appointed by the college's insurance company in three active lawsuits; however, these attorneys are not contracted to act as general legal counsel for the college.

Find more information about RFQ23-04, including the college's requirements, evaluation factors and selection process. Find more information about the college's search for permanent legal counsel at nic.edu/keypoints/archive under "College Business and Operations."

The college's interim legal counsel Art Macomber withdrew as counsel during the NIC Board of Trustees' regular meeting on May 24. He will stay on in a limited capacity until new legal counsel is found. Mr. Macomber was appointed by the board in December to act as interim legal counsel, and his withdrawal is effective Aug. 15.

Mr. Macomber recognizes his obligation to provide legal counsel to the extent necessary to help NIC fulfill its baseline legal obligations until a replacement is found. Mr. Macomber will concentrate on those and the implementation of the transition to new counsel.

Read the statement Mr. Macomber prepared to present to the board during the May 24 meeting. Please note Mr. Macomber verbally agreed to end his contract on Aug. 15 during the meeting; the date in the prepared statement is incorrect.

During the May 24 meeting, the NIC Board of Trustees voted to revoke the acceptance of law firm Holland & Hart as the college's new legal counsel. Trustees Todd Banducci, Greg McKenzie and Mike Waggoner voted in favor of revoking acceptance; trustees Brad Corkill and Tarie Zimmerman voted nay.

Trustee McKenzie proposed the motion to revoke acceptance due to further review of additional information about Holland & Hart, "such as pricing (and) evidence of undesirable terms in the engagement agreement, including conflict of interest provisions that had not been communicated or reviewed by the board prior to the vote," according to Trustee McKenzie's motion.

The board voted 3-2 to accept Holland & Hart at its April 26 meeting with trustees Corkill, McKenzie and Zimmerman voting in favor and trustees Banducci and Waggoner voting nay.

During the May 24 board meeting, NIC President Nick Swayne said the college will put out a request for qualifications (RFQ) for legal services as soon as possible to secure long-term legal representation for the college. RFQ23-04 was posted May 25 on NIC's Office of Finance and Business website. Responses are due June 2.

NIC put out two RFQs for legal services in January and February, both of which failed due to an insufficient number of responses. After the second search failed this spring, college administration solicited firms for legal services, and President Swayne recommended Holland & Hart to the board at the April 26 meeting.

NIC is also being represented by independent attorneys appointed by the college's insurance company in three active lawsuits; however, these attorneys are not contracted to act as general legal counsel for the college.

North Idaho College's Board of Trustees voted 3-2 at their regular monthly meeting on Wednesday evening, to transition to new legal counsel.

The college's current legal counsel, attorney Art Macomber, will begin transitioning legal services to attorney Bob Faucher from the Boise-based law firm Holland and Hart. Trustees approved the move with the goal of completing the transition by their June board meeting.

NIC's administration has been soliciting for legal services after the college's second search for legal counsel was unsuccessful due to insufficient responses.

The college's current legal counsel was appointed as interim legal counsel by the NIC Board of Trustees in December after the resignation of NIC's long-standing legal counsel. NIC is also being represented in three active lawsuits by two independent attorneys assigned by the college's insurance provider.

NIC released two requests for qualifications (RFQs) for legal services this year with the goal of contracting with long-term legal counsel to represent the college.

NIC issued an RFQ for legal services in January and a second RFQ in February; however, both searches failed due to insufficient responses. According to NIC procedure, a search fails if less than three responses are received for any RFQ. The college only received two responses during its RFQ process.

After the second search failed, NIC administration solicited five firms for legal services with expertise in higher education, accreditation, conflict resolution and other legal topics relevant to the college's current situation. Three firms were unable to represent NIC due to various conflicts of interest, and NIC President Nick Swayne and Vice President for Finance and Business Sarah Garcia interviewed the remaining two law firms before recommending Holland and Hart to the board on Wednesday.

Trustees Brad Corkill, Greg McKenzie and Tarie Zimmerman voted for the legal services transition, and Trustees Todd Banducci and Mike Waggoner voted nay.

North Idaho College's legal counsel Art Macomber prepared a confidential report to the NIC Board of Trustees regarding his investigation into the hiring of NIC President Nick Swayne in June of 2022 and President Swayne's subsequent contract.

During last night's special board meeting, there were three agenda items related to Mr. Macomber's investigation and report:

• Action/Discussion: Board Response to Unauthorized Distribution of Macomber Report - Censure Trustee Corkill
• Action/Discussion: Board Response to Macomber Report on Investigation of Dr. Swayne's Contract
• Action/Discussion: Discussion and Vote Regarding Curing of Possible Open Meeting Violation at June 22, 2022 Board Meeting regarding "Action: Selection of President" and Follow-on Decisions Stemming from That Violation

By unanimous vote, the board waived attorney-client privilege and authorized the release of Mr. Macomber's report on his investigation of Dr. Swayne's contract.

The NIC Board of Trustees directed college staff to release the report to the public by 4 p.m. on April 25, 2023.

The report discusses:

• Facts and events leading up to the NIC Board of Trustees' June 22, 2022 decision to hire Dr. Swayne;
• Concerns about the legality of the super-majority requirement in Dr. Swayne's contract;
• Concerns about the president's relationship with the NIC Foundation;
• Timing for board recognition of open meetings law violations;
• The decision-making authority and jurisdiction of Kootenai County District Court vs. the NIC Board of Trustees;
• Information about Mr. Macomber's investigation process; and
• Recommendations to the NIC Board of Trustees.

Read the full unredacted and unedited report.

In a commitment to maintaining quality professional legal counsel for the college, North Idaho College's Office of Finance and Business has issued a request for qualifications (RFQ) for ongoing legal counsel. OFAB originally issued RFQ 23-01 for legal counsel on Jan. 1 with a closing date of Jan. 27; however, the search failed due to an insufficient number of responses - two law firms responded to the original RFQ.

The search has been extended, and the current Legal Services RFQ 23-04 was released Feb. 13 with a March 6 due date. Interim President Greg South said the college has expanded the scope of the search beyond our region to seek legal counsel that specializes in higher education and accreditation. An NIC selection committee will review the proposals to make a final decision regarding candidates and will authorize the OFAB to enter a contract with new legal counsel.

The current RFQ includes the timeline to negotiate a contract in mid-March and begin legal services by April 1.

NIC is currently represented by the attorney Arthur B. Macomber, who was appointed as interim legal counsel by the NIC Board of Trustees after the resignation of NIC's long-standing legal counsel to ensure the college has legal representation.

All current requests for proposals/qualifications, including status and detailed requirements of each RFP/RFQ, are posted publicly on the NIC website.