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The accrediting organizations are all nonprofit corporations. Courts generally defer to any decision made by an accrediting organization, provided that:
- the organization followed its own rules.
- the act was in good faith.
- there exists a formal, internal procedure for protests of an impending act that adversely affects a party.
This legal principle was established in England in the case Dawkins v. Antrobus, 17 Ch. D. 615 (1881). There are several scholarly articles that explain the law in more detail:
- Zechariah Chafee, "The Internal Affairs of Associations Not for Profit", 43 Harvard Law Review 993 (1930).
- William A. Kaplin and J. Philip Hunter, Comment, "The Legal Status of the Educational Accrediting Agency: Problems in Judicial Supervision and Governmental Regulation," 52 Cornell Law Quarterly 104 (1966).
My essay on state action at private colleges has a section that cites cases nationwide that accrediting associations are not engaged in state action. I note that some courts have required that accrediting associations provide "common-law due process" to colleges or departments.