Many questions remain in the wake of the Higher Learning Commission's decision to withdraw Mountain State University's accreditation, but an MSU spokesman said there could soon be answers with the filing of the university's teach-out plan.
According to the Higher Learning Commission's public disclosure notice, the board of trustees of the HLC decided to withdraw accreditation effective Aug. 27.
"The board took this action to withdraw accreditation based on its findings that the university had not met the requirements of a show-cause order and action letter dated June 23, 2011," the notice stated.
"There are a lot of things we don't have the answers to right now," said MSU spokesman Andrew Wessels. "We have been in the process of working with students and faculty. We are working with students individually to try to give them their options and encourage them to go to these different fairs in Beckley last week and Martinsburg this week that the (West Virginia Higher Education Policy Commission) has been putting on."
The Higher Learning Commission encouraged students to "examine educational opportunities available in their respective areas," according to a statement.
The HLC and the HEPC recently coordinated college advising fairs on July 12-13 in Beckley and July 16-17 Martinsburg.
As part of the appeal process, Wessels explained, the university must file notice of intent to appeal by July 23. After that, the university has a two-week period after the filing of the notice to file the formal written appeal.
"At the same time, we do have to compile a teach-out plan that we will also submit to the Higher Learning Commission by the 23rd," Wessels said. "Once the appeal has been filed, the HLC appoints an independent review panel and we'll have the opportunity to go before the review panel, make presentations and answer questions as we did with the HLC board back in the early part of May."
The independent panel, Wessels further stated, has anywhere from 10-16 weeks to review the case and make a decision.
"That will presumably take us well into the fall," he said.
Wessels said university officials are not yet certain about registration for fall classes and faculty issues, but these issues will be addressed in the teach-out plan.
The university also owns the Martinsburg Mall, but Wessels said that also will be addressed later.
"During the appeal process, MSU remains accredited, so any degrees that people have earned to date or will earn during the appeal process will be from an accredited institution," he said. "The same is true for people continuing course credits. These are all accredited course credits."
Lawsuits have followed the HLC's decision, with two Charleston law firms recently announcing the filing of a class action lawsuit against MSU.
The Webb Law Firm PLC and DiTrapano, Barrett & DiPiero PLLC filed the suit, which seeks class certification on behalf of all current and former students affected by the loss of accreditation.
The suit defined the class as "all West Virginia residents who were enrolled as students of Mountain State University at any time since July 10 2008, who have not yet received a degree as of the time of the filing of this complaint."
Excluded from the class are those who have filed individual lawsuits regarding the 2010 revocation of accreditation for MSU's undergraduate nursing program.
Plaintiffs assert they were misled when MSU officials told them the university was "in sound shape."
"Even after the HLC's decision to strip MSU of its accreditation, MSU's administrators have downplayed the severity of the situation to plaintiffs and other putative class members," the suit states.
A Charles Town law firm also said it would file a lawsuit against MSU if it does not make an offer to settle with nursing students.
Stephen Skinner with the Skinner Law Firm said before the recent announcement of the HLC's decision, the firm sent a formal notice to MSU stating it would file a suit.
"Under a portion of the West Virginia Consumer Credit and Protection Act, you have to give MSU the opportunity to make an offer in order to file suit and be able to collect all the damages. And we have not heard back from them yet," he said.
Skinner said the firm will file a suit July 24 if the university has not yet responded.
"We are also hearing from a lot of other students who are considering other suits," Skinner said. "We believe that this is a criminal enterprise and (former MSU President) Charles Polk needs to be held personally liable."
Skinner also said he and his clients also are worried about issues they think they could encounter if they win the suit.
"We're afraid we will get to the end of it and there is no insurance assets left and there will be nothing," he said. "So of course, Dr. Polk needs to empty out all of his coffers to pay these students back. I hope that he doesn't spend money on lawyers rather than trying to make these students whole."
"When you think about someone who has spent three years of their life in the nursing program and all of those credits don't transfer and they have to start all over again, looking at just in the loss of future wages three years at $50,000 a year. You have to start over again," Skinner added. "Most can't afford it because they maxed out student loans. Most of my people are getting the same degree — they're getting a lesser degree because they can't afford anything else. I really hope that the U.S. Attorney in the Southern District looks into this."
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