Charlotte School of Law sues ABA

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Charlotte School of Law sued the American Bar Association on May 15, alleging that the organization treated them unfairly in denying the school accreditation.

“The complaint filed today in federal court alleges that the ABA’s actions against CSL violated the due process required of those wielding accreditation power and caused CSL to be excluded from the Title IV federal loan program,” Paul Clement of Kirkland & Ellis in Washington said in a news release.

Clement previously served as solicitor general of the United States during the George W. Bush administration. Former Assistant Attorney General Viet D. Dinh and H. Christopher Bartolomucci round out the team representing the university.

The lawsuit stems from the ABA’s decision in November 2016 to place CSL on probation, which the university said was done without providing an explanation. CSL also claims that the ABA imposed the sanction without a recommendation from the Accreditation Committee.

As a result, CSL says that the university was no longer able to participate in the Title IV program. In turn, this prevented students from obtaining federal financial assistance, leading to the school failing financially.

CSL alleges that, despite requests, the ABA never clearly stated what the university needed to do to meet its “unwritten” and non-public requirements for compliance.

The ABA said in an article on the ABA Journal website that they have a policy against commenting on pending litigation.