LUCC eyes legal solution

MARIETTA ã Life University¼s Board of Trustees has authorized the 
school to „explore 
12/11/02


By David Burch and Philip Giltman
Marietta Daily Journal Staff Writers
 
MARIETTA ã Life University¼s Board of Trustees has authorized the 
school to „explore all appropriate legal actions¾ against the Council 
on Chiropractic Education, incoming President Ben DeSpain said 
Tuesday.
The news resulted in a standing ovation from students and faculty 
members, many of whom have blamed the CCE for acting maliciously 
in withdrawing its accreditation of the school.
„I sincerely believe that our only recourse is to seek remedy 
through the courts, and we are exploring that now,¾ DeSpain said.
Life University spokesman Will Hurst said the board authorized the 
use of legal action Friday morning.
Reading from an e-mail he sent to university trustees, DeSpain said 
he believes the CCE acted in an attempt to kill the Doctor of 
Chiropractic program at Life and that the school will be unable to 
fulfill the re-accreditation requirements of the CCE without breaking 
Georgia law.
One aspect of the CCE¼s mission statement, which Life would be 
required to adopt, calls for those affiliated with its Doctor of 
Chiropractic program to use the title „health care physicians.¾ 
Georgia law prevents anyone but medical doctors from using the 
term physician, he said.
DeSpain said some form of action against the CCE was likely before 
the holidays.
„I expect you will hear some news before Christmas,¾ he said. „I 
can envision a situation, working through the courts, where we can 
have very good news for you within a couple of weeks, so don¼t 
give up ... I see it as a matter of months on the outside, weeks on 
the inside and days in the best case scenario.
The news will likely come in the form of a complaint filed with the 
federal Department of Education, which has oversight of all 
accrediting agencies in the country. DeSpain said the complaint 
would be worded suggest a „prelude¾ to a possible lawsuit if the 
complaint is not successful.
„I don¼t see it taking two years to regain accreditation,¾ he said.
After the complaint is filed, the Department of Education would have 
the option to conduct a review of the CCE¼s actions. While the feds 
would likely not tell the agency to restore accreditation, it could 
place pressure on the CCE to reverse its decision if it identifies 
wrong-doing. Results of a review could also be used as evidence in 
future legal proceedings.
Earlier this month, Life University¼s found Dr. Sid Williams called for a 
federal probe into the actions of the CCE. 
The CCE refused to comment on Life University or its accreditation.
Williams applauded DeSpain¼s decision to explore legal actions 
against the CCE stating that Life¼s growth, reputation, and its large 
endowment brought fear to the accrediting agency.
„Why would you take down the world¼s largest chiropractic 
program,¾ he asked. „It doesn¼t make any sense. They had to take 
this drastic of a measure because Life¼s influence brought fear to 
the accrediting agency.¾
Anthony Rosner of the Boston-based Foundation for Chiropractic 
Education and Research declined to comment on the specifics of 
Life¼s situation.
The director of research and education at the research funding 
institution did say he couldn¼t remember a chiropractic institution 
exploring legal actions against the CCE.
„I can¼t recall ever seeing something like this in the past,¾ he said.
dburch@mdjonline.com