1/29/02

Bob Lowry, 334/844-9999

AUBURN PRESIDENT DISAPPOINTED IN SACS DECISION TO APPEAL JUDGE'S RULING

AUBURN -- Auburn University President William F. Walker expressed disappointment Tuesday over a decision by the Southern Association of Colleges and Schools to appeal a federal court judge's order that protects AU's due process rights in any SACS investigation of the university.

U.S. District Court Judge J. Owen Forrester of Atlanta, in a ruling released Jan. 16, also narrowed the scope of any investigation of Auburn by SACS.

"Auburn University is ready to move forward and put this issue behind us," said Walker. "We've always been willing to work with SACS, and we're anxious to cooperate with them now under the provisions set forth by Judge Forrester.

"An appeal of his case will simply drag this issue out further in the judicial process and cost the university resources that could be better spent elsewhere."

Don Large, AU executive vice president, said the university on Tuesday was billed $515,832 in legal fees by the Atlanta law firm of Alton & Bird.

"It's unfortunate that the university was put in a position of having to divert valuable resources to this matter," said Walker. "But we simply could not stand idly by while SACS attempted this illegal investigation and end-run of their own rules and procedures. The judge's opinion clearly supported our position."

SACS announced last summer it would send a review team to Auburn to investigate complaints over governance brought by the University Senate and other groups. AU retained the Atlanta law firm to conduct a thorough investigation of the merits of the complaints.

Of the legal bill paid by Auburn, $120,000 was earmarked for that investigation.

After Auburn filed the lawsuit against SACS, the accrediting agency postponed its visit to the university.

Walker noted that AU has "has never sought to stop SACS' "investigation of issues that relate to the university's accreditation."

"Through this lawsuit, Auburn sought only to protect its interest by assuring that SACS adhere to its own policies and procedures and that it limit its investigation to issues related to accreditation," he said.

Noting "the inauspicious manner in which SACS began its investigation," Judge Forrester said Auburn had "cause for its concerns."

The court order noted that AU "faced investigation under the 'Special Committee' process which has no provision for meaningful notice and opportunity to be heard."

That was one of the key issues that prompted AU to file suit against SACS and its executive director -- to protect its due process rights and assure that the agency conduct any investigation of the university in a manner consistent with the SACS' standing procedures and other legal standards.

Forrester ruled that use of a special committee "would violate SACS' own rules and, therefore, deny due process to Auburn."

SACS is the sole accrediting association recognized by the U.S. secretary of education to accredit college and universities in Alabama and 10 other Southern states. Auburn has been an accredited member of SACS since 1922.

jan02:AU-sacs