The body that accredits North Idaho College says the school in Coeur d’Alene may be out of compliance in a number of areas, and has given the college a January 4 deadline to explain itself.
A letter from the Northwest Commission on Colleges and Universities (NWCCU), dated December 17, attributes the Commission’s concern to “recent and subsequent public actions of the NIC Board of Trustees.” Those actions include placing NIC President Nick Swayne on administrative leave, and hiring Art Macomber to be the college’s lawyer without public notice or a bid process (a move Swayne said might violate Idaho law).
In all, NWCCU identified fourteen possible violations of standards for eligibility and accreditation, from problems with governance, to possible unethical conduct, to drifting away from the school’s core educational mission.
Since reconvening after the November elections, a re-emboldened three-person Republican majority – Chairman Greg McKenzie, former chair Todd Banducci and new member Mike Waggoner – have steered the NIC Board of Trustees back into a combative mode, quickly putting Swayne on ice, hiring Macomber, ignoring the concerns expressed by other board members, and lashing out at critics and perceived enemies.
In a seven-and-a-half-minute statement at the board’s December 5 meeting, Banducci complained about how people have treated him recently, touted his military service and north Idaho roots, and talked about his own civility while lambasting people who have criticized the board.
“Some of you should be ashamed, and I’m calling you out on it tonight,” Banducci said. “Some of you are the biggest bullies, and the biggest cowards.” He later added, “You’re not that important to me.”
The NWCCU letter reminded interim NIC CEOs Lloyd Duncan and Sarah Garcia that the school was sanctioned and placed on a monitoring status over virtually the same issues of dysfunction in April of this year.
The board’s behavior in 2020 and 2021 – led at that time by Banducci, McKenzie and former trustee Michael Barnes – prompted an NWCCU investigation that found the board created an atmosphere of distrust among faculty, students and staff, and eroded NIC’s financial stability and operations.
“Failure to adequately respond in the timeline identified may result in further actions by NWCCU’s Executive Committee and/or the Board of Commissioners that will place the accreditation status of North Idaho College at risk,” the December 17 letter said.
Swayne has filed a lawsuit in Kootenai County District Court against NIC. The lawsuit, first reported by theCoeur d’Alene Press, contends the board had no authority to place him on administrative leave.
The filing includes a December 9 letter from Macomber that said Swayne is barred from conducting business on campus or accessing NIC computers for the duration of an investigation over language in Swayne’s contract. That language, approved by the board, limits the board’s power to fire Swayne without cause. The Banducci-McKenzie-Barnes majority fired former NIC President Rick MacLennan without cause in September 2021.
Macomber wrote that limiting Swayne’s access to campus in any official capacity is designed to “protect [him] and the college” until Macomber’s investigation is done. Macomber noted that Swayne is not under any disciplinary process or accusation.
State leaders in Idaho have said there’s little they can do to rein in the board or take action if the majority trio’s behavior continues to imperil NIC’s accreditation or otherwise destabilize the school.
The NIC Board of Trustees is scheduled to meet again on Wednesday evening at 6:00 p.m. An agenda released ahead of that meeting includes action items described as “curing” the potential Idaho law violations Swayne mentioned before his suspension. Four potential open meetings violations are referenced in the agenda.
Also slated for discussion are Swayne’s lawsuit against the college, the accreditation issue, and a line item marked “censure(s).” It is unclear what that means, or who may be censured.
Trustee Mike Waggoner is listed on the agenda to lead discussion on an item called “academic freedom of the board.” It is also unclear what that means.
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Read more of Spokane Public Radio’s coverage of the situation at North Idaho College.
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Read NWCCU's letter to NIC:
