NACAC - What’s Happening ? Questions and Answers.

NACAC - What’s Happening ?  Questions and Answers.


At the National NACAC Conference at the end of the month several major issues are at  play that will impact the National Association - and has the potential to alter the Admission landscape.  The following is a break down of the issues as outlined by Past President and Chief Delegate to the NACAC National Conference, Aaron Andersen.

 

WHAT IS THIS I’M HEARING ABOUT A USA DEPARTMENT OF JUSTICE LEGAL INVESTIGATION INTO NACAC?

  The National Association for College Admission Counseling has been subject to an intense legal investigation for nearly two years by the US Department of Justice (DOJ). The focus is whether sections of NACAC’s Code of Ethics and Professional Practices (CEPP) violates federal antitrust law.  The inquiry is summarized by NACAC’s legal council as follows: DOJ is looking at “targeted provisions of the CEPP are an unlawful restraint of trade, that inhibits colleges’ ability to compete for students.” In other words it is of the opinion of the DOJ that the CEPP prevents free and open trade between colleges for students in the recruitment of students.

 

HOW COME I DIDN’T HEAR ABOUT THIS UNTIL NOW?

 The investigation dates back to late 2017.  Inside Higher Ed and other media sources referenced the case in early 2018.  NACAC was under guidance by its legal council not to disclose any details of the case to its members, and keep the matters confidential as a legal investigation was conducted.  NACAC in its recent webinar meeting with members shared: “Despite our best efforts, DOJ has not been persuaded to close its investigation but rather has told NACAC that the investigation will continue unless NACAC makes the changes in its Code of Ethics and Professional Practice. There is also now a strong possibility the DOJ will obtain a consent decree mandating the CEPP changes.” 

 

SOUNDS COMPLICATED… WHAT IS NACAC PROPOSING TO DO ABOUT IT?

During the recent President Council meeting held each summer with all affiliate president classes, NACAC Executive Board and Leadership shared that the financial cost of the investigation and the associated legal costs have been crippling, and no longer sustainable for the overall existence of the Association.  
  
The NACAC leadership, both the elected board and CEO, with legal council and support of the Presidents Council “ the Association has decided that the best course of action is to enter into a consent decree with the government and delete the provisions the DOJ finds objectionable”.

Which has lead us to the 2019 NACAC Conference where changes to the CEPP must be voted on by the elected Assembly. The Assembly votes on all amendments to CEPP matters per the NACAC bylaws. International ACAC has nine delegates to The Assembly, elected by our members.  We have been following the developments of this proceedings and updates from NACAC.  It is of the opinion of the Chief Delegate and the Presidents Council that in order to support NACAC’s continued existence, the CEPP provisions should be voted on and removed.
    

Read further details on the NACAC website HERE

 

DO WE REALLY NEED TO BE A PART OF NACAC? WHAT’S IN IT FOR ME?

While many of our members have limited interaction with NACAC, the National Association is International ACAC’s affiliated higher association.  Our members agree to its code of ethics and best practices. Even though sections of the document may be removed, there remain many core ethical elements that bind our members.  No matter the outcome NACAC remains as the recognized organization in the United States - the destination of many international students - that represents college admissions counseling. It will remain a champion for the best ethical practices of college admission counseling and an advocate for students throughout the transition to higher education. During these turbulent times of challenges to admissions practices and increased student flows, we need multilateral organizations that have established communications between its core members, and recognized traditions and operations.
 

CAN I HAVE A SAY ON THE MATTER?

At the National Conference in Louisville there will be an additional vote at the General Membership meeting to grant the NACAC Executive Board limited authority to make any further necessary changes to the CEPP that may relate to these extraordinary legal circumstances.  This will require a BY LAW change, which can only occur by two-thirds vote of the NACAC membership at the General Membership meeting.If you are a NACAC member and are not attending the NACAC Conference you can submit a PROXY vote - you must notify a member who is attending to vote on your behalf, and complete and submit a PROXY form by MONDAY SEPTEMBER 16 at 4PM EDT.  



I am available to serve as PROXY – please complete proxy form below and email me completed form direct to [email protected] 

Please plan to attend the Annual Membership Meeting on Saturday, September 28, or, if you cannot attend, please use a proxy ballot and cast your vote on this critical matter.

 

NOW I HEAR THERE IS ALSO A NEW MEMBERSHIP MODEL BEING PROPOSED FOR NACAC, WHAT'S THAT ALL ABOUT? 

After several years of evaluating NACAC’s membership model, and revisions to the initial proposed plan that failed to receive approval at last year’s National Conference, the Executive Board and Leadership is presented a revised Membership Model that they will seek approval from the membership through a vote at the General Membership meeting. 

The goals of the revised Membership Model include different categories to provide access to a greater diversity of members; strengthen the potential for growth by making it easier for institutions and individuals to join NACAC,  deliver increased benefits to more professionals and ultimately allow NACAC to serve more students and families.
 

HOW WILL THAT IMPACT ME AND MY INSTITUTION? 

Specifically for secondary and post-secondary institutions, NACAC has outlined that the following individuals will be considered as members:

All staff who are employed by the member institution whose primary work includes assisting students as they transition from secondary to postsecondary or between postsecondary institutions. Part-time, seasonal, financial aid, or other staff who support the admission process are not required to be included in the institutional membership.

 Full details on the Membership Model can be found on the NACAC website HERE

 

CAN I HAVE A SAY ON THE MATTER? 

The membership will vote on Saturday, September 28 (or by proxy by September 16) to change the membership bylaw (Article III). A 2/3 yes vote is necessary to approve and begin implementation of the revised model.

This is vote will be what is called an “up/down” vote - there will be no amendments accepted on the floor.

If approved the revised model would go into effect with membership year of 2021. If you are a NACAC member and are not attending the NACAC Conference you can submit a PROXY vote - you must notify a member who is attending to vote on your behalf, and complete and submit a PROXY form by MONDAY SEPTEMBER 16 at 4PM EDT.  

I am available to serve as PROXY – please complete proxy form below and email me completed form direct to [email protected] 

Please plan to attend the Annual Membership Meeting on Saturday, September 28, or, if you cannot attend, please use a proxy ballot and cast your vote on this critical matter.

 
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