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Understanding NACAC Governance

NACAC Governance

NACAC is governed by a board of directors, an Assembly of delegates, and the voting members of the organization. The board officers and directors are elected by the Assembly which in turn are elected by NACAC voting members in NACAC’s 23 affiliated organizations. 

NACAC Assembly

The NACAC Assembly functions as a governing body that initiates, advises, and provides consent on association and professional issues. Assembly delegates are elected for three-year terms by the NACAC voting members in the affiliates. The number of elected delegates is based on proportional representation according to the number of NACAC voting members from that affiliate. 

The Assembly responsibilities include electing NACAC board officers and directors, amending the CEPP: NACAC's Code of Ethics and Professional Practices, and making recommendations to the NACAC Board of Directors on association-related matters. 

The Assembly meets annually at the NACAC National Conference and reports to the NACAC membership at the Annual Membership Meeting.

Annual Membership Meeting

Voting members of NACAC assemble each fall at the national conference to attend the Annual Membership Meeting. During the meeting, members vote on amendments to the NACAC Bylaws and other association-related matters.

2019 Assembly and Annual Membership Meeting

This year, NACAC members will vote on business crucial to the association’s future. Assembly delegates and voting members at the Annual Membership Meeting will cast votes on several important matters.

Proposed changes would remove three specific mandatory provisions from NACAC’s Code of Ethics and Professional Practice (CEPP) and provide a limited extension of authority to the NACAC Board of Directors to make changes to the Bylaws, but only under extraordinary legal circumstances.

Approving the measures is an essential step toward bringing closure to a two-year, ongoing investigation by the Antitrust Division of the US Department of Justice (DOJ). The department has indicated that it is likely to seek a “consent decree” – a formal agreement, approved by a federal judge, that would compel NACAC, under a court order, to delete the three provisions from the CEPP.  

Background

The Department of Justice investigation concerns “restraint of trade” under the federal antitrust laws. The department believes that the three provisions of NACAC’s CEPP inhibit, to some extent, competition among colleges for students. Notwithstanding numerous meetings and conversations with the department's staff and its superiors, the department has not been persuaded to close its investigation but rather has said the investigation will continue unless NACAC agrees to a consent decree by which the association agrees to delete the three provisions from the CEPP.

The changes being proposed at the national conference are intended to advance a good-faith compromise with the department and to mitigate the potential impact of other actions the department might take. Failure to make the changes – and prolonging the DOJ investigation – would have serious negative consequences for NACAC’s finances and ability to operate as well as the potential for even more burdensome requirements mandated by the federal government.

Approval of the measures at both the Assembly and Annual Membership Meeting in September are imperative to NACAC’s continued negotiations with the Department of Justice to conclude the matter.

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