Hiwassee seeks legal injunction
From the Hiwassee College public relations office
MADISONVILLE, Tenn. - Hiwassee College has filed legal documents seeking preliminary and permanent injunctive relief against the Southern Association of Colleges and Schools (SACS) and its recent decision to remove the college from membership.
The documents were filed March 10 in the Knoxville Division of the U.S. District Court for the Eastern District of Tennessee. They were filed after SACS denied Hiwassee College's appeal of the decision to a SACS-appointed committee in late February. In the legal documents, Hiwassee College has asked the court to restrain SACS from "stripping the college of the lifeblood of all American institutions of higher education", its accreditation." A hearing will be scheduled to approve a preliminary injunction against the SACS decision. If approved, the preliminary injunction would immediately stay SACS' action until the case is resolved. The college is ultimately seeking permanent injunctive relief against SACS.
"We believe there is good cause for this action," said Hiwassee College President James Noseworthy. "Hiwassee has a strong academic program respected by major colleges and universities, providing students an excellent beginning to their college experience."
The college continues to challenge the basis of SACS' decision.
"SACS' decision was based on the opinion that Hiwassee does not have adequate financial resources to sustain its programs into the future," said Noseworthy. "We disagree with that conclusion."
Noseworthy asserts that many records reflect the college's financial health.
"Hiwassee College is making great progress," Noseworthy said in a prepared statement. "During the past fiscal year alone the college:
- Increased end-of-year unrestricted net assets by over $260,000;
- Completed the operating budget "in-the-black," as it has for seven of the past eight fiscal years;
- Increased endowment by $1.2 million;
- Increased alumni giving to a 10-year high at 9.8 percent - a 46 percent increase over 2002-2003 and a 180 percent rise over 2001-2002; and
- Exceeded the Annual Fund Campaign goal by 25 percent ."
"In addition, giving to the college this year is 100 percent ahead of where it was this time last year," he said.
"We still have work to do, and we continue address fiscal issues," said Noseworthy. "We disagree with the opinion of one SACS official who said "Progress doesn't matter; it is where you are now."
"During these challenging moments, I am deeply grateful for our United Methodist identity," he said. "Hiwassee is proud to be a part of the church's mission by providing an excellent academic program enhanced by a living and learning environment in which students can grow spiritually. Weekly required chapel, fellowship groups, service opportunities, required courses in religion, as well as the consideration of ethics in classes, lead our students to examine the values underpinning their life choices.
"We are blessed with excellent United Methodist trustees, both clergy and laity, who are committed to addressing the issues before us and increasing the College's strength and ministry. Dr. Al Bowles, our board chair, gives stable and positive leadership. Bishop Swanson's presence and concern is an encouragement to us all. All of our executive committee members are United Methodists and all but one are in the Holston Conference.
"We are also grateful for the steady financial support of Holston Conference churches. These donations help fund scholarships for United Methodist and pre-ministerial students, as well as our chaplaincy program.
"In the broader church, the General Board of Higher Education and Ministry has provided ongoing consulting services and supported our continued appeals process.
"As we pursue this legal action to ensure that our mission continues to forge into the future, I would like to thank our alumni, friends and United Methodist supporters for their continued loyalty and encouragement," said Noseworthy. "We press on."
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