Bylaws Of The American Association Of Intensive English Programs
The name of this Association shall be the American Association of Intensive English Programs (AAIEP), d/b/a EnglishUSA. This shall be a not-for-profit professional association.
The object of this Association shall be to promote ethical and professional standards for intensive English programs; to encourage and facilitate evaluation of intensive English programs; to provide liaison between intensive English programs and organizations which use their services and those whose actions affect them, including but not limited to U.S. and foreign government agencies, sponsors, admissions officers and counselors; and to increase awareness abroad of opportunities for English language study in the United States.
Section 1. The membership of this Association shall be limited to intensive English programs located in the United States which are accredited by The Commission on English Language Program Accreditation (CEA) or by the Accrediting Council for Continuing Education and Training (ACCET) or which are under the sole governance of a regionally accredited institution.
Section 2. An intensive English program shall be defined as one which offers participants a minimum of 18 contact hours of English language instruction (for non-credit bearing course work) per week or for credit bearing ESL courses: 12 semester or quarter hours of instruction per academic term in those institutions using standard semester, trimester, or quarter hour systems, where all undergraduate students who are enrolled for a minimum of twelve semester or quarter hours are charged full-time tuition or are considered full-time for other administrative purposes, or its equivalent . These courses (credit or non credit bearing) will be organized into a curriculum designed to serve the needs of the participants; which is overseen by a person having clearly defined responsibility for the overall administration of the program including but not limited to selection, evaluation, and retention of faculty and staff; which has an established curriculum allowing for the differentiation of participants by level of proficiency; which offers instruction during stated sessions; and which provides participants orientation and counseling services.
Section 3. Admission is open to any intensive English program located in the United States, which is accredited by CEA or by ACCET, or which is under the sole governance of a regionally accredited institution and has been in operation for at least one year at the time of application. An applicant shall be declared a member upon approval by the Executive Board and payment of dues as recommended by the Finance Committee and approved by the Executive Board. In the case of member programs with multiple sites, all sites must be accredited and apply for membership.
Section 4. Membership dues are payable annually. The Treasurer shall notify members who are in arrears. There will be a late fee of $50 for dues paid 60 days past the due date, and those whose fees are not paid within 120 days thereafter shall be automatically dropped from membership.
Section 5. Any member may resign effective immediately upon notification to the Executive Board in writing. Dues are not refundable.
Section 6. Honorary membership may be offered to organizations or individuals on the basis of criteria proposed by the Executive Board and approved by the members at the annual business meeting. An honorary member shall have none of the obligations of membership in the Association, but shall be entitled to all the privileges except those of making motions, of voting, and of holding office.
Section 7. All rights and privileges of members shall be exercised by the directors of the member programs or designated representatives appointed by the directors. Persons acting as designated representatives shall be members of the staff or faculty of the programs they represent. On any occasion only one person shall exercise the rights and privileges of membership for member programs.
Section 8. Associate status is a non-voting category of membership available to institutions and businesses that do not own or operate intensive or non-intensive English language programs, but who wish to support the goals of AAIEP. An applicant shall be declared an associate upon approval of an Associate application by the Executive Board and payment of dues as recommended by the Finance Committee and approved by the Executive Board.
Applications for Membership and Renewals of Membership
Section 1. Application for membership. Any intensive English program (“IEP”) located in the U.S. which is accredited by CEA, or by ACCET, or which is under the sole governance of a regionally accredited institution may apply for membership in AAIEP. An Application for Membership form is available from the AAIEP website. IEP’s can demonstrate eligibility for membership by submitting proof that the institution’s accreditation (copy of CEA or ACCET certificate or copy of governing institution’s regional accreditation letter, which includes accreditation status and date of expiration) and the appropriate AAIEP application/renewal form. All questions on the application/renewal form must be answered completely and honestly, and so stipulated by instructors, as well as administrators of the IEP.
Section 2. Term of membership. The term of membership in AAIEP for programs which are accredited by CEA or ACCET, or which are under the sole governance of a regionally accredited institution shall be one (1) year. The initial term of membership shall begin from the date at which the membership is approved until the beginning of the next membership year.
Section 3. Renewal of membership. Prior the beginning of each membership year, the member must resubmit proof of current accreditation (copy of certificate for CEA or ACCET accreditation or the most recent letter of accreditation from a regional accrediting body for universities or colleges), and payment of dues for the following membership year. Failure to complete this process by the designated deadline shall be deemed a voluntary resignation from membership in AAIEP. Any member that has failed to reapply as per the timeline stipulated in Article III, Section 4 shall receive written notice of the upcoming termination of membership. Such termination shall not preclude the member’s reapplying in the future; however, such member shall in such an instance be required to submit an application form and be considered as a new applicant to AAIEP.
Section 4. Acceptance or denial of application for renewal of membership. Upon receipt of a timely application for renewal of membership, the renewal application shall be reviewed and the member shall be notified in due course of the decision. In the event it is not possible to make a decision on the member’s application prior to the expiration of the member’s term of membership, the member’s term of membership shall be automatically extended until such time as the Executive Board reviews the renewal application to decide the matter. The Executive Board may decide to accept or deny the member’s application for renewal of membership. If accepted, the member shall be notified in due course. If denied, the member shall be notified by letter, sent by registered or certified mail, return receipt requested. The letter shall include an explanation of the reasons for denial. The letter shall further notify the member that it shall have thirty (30) days from the date of the letter in which to request a review of the decision in accordance with Article XI of these bylaws. Failure of a member to request a review of a denial within such thirty (30) day period shall constitute acceptance of such decision by the member, which shall be deemed to have waived its review rights. A member which makes a timely request for a review of the decision shall have the decision reviewed in accordance with the procedures contained in Article XI, and its membership shall not lapse prior to the completion of review procedures described in Article XI.
Section 5. Applicants and members of AAIEP agree, as a condition of initial and continuing membership, that all information provided is stated honestly and candidly with no attempt to mislead or misrepresent. Applicants and members recognize that AAIEP must, due to limited financial resources, rely largely (if not completely) on information provided by the applicants and members and may not attempt to verify that information. Applicants and members further recognize and agree that failure to provide information honestly and candidly is grounds for the denial of application for initial and continuing membership and for termination of existing membership. Applicants and members further recognize and agree that AAIEP may take such action based on reliable information from a source other than the applicant or member, subject to the applicant’s and member’s right to review such action pursuant to Article XI. In addition, applicants and members agree that if a change occurs in a status of the Program after submission of the applicant for membership or renewal of membership or during the period of a member’s term of membership which materially affects the accuracy of the information previously provided to AAIEP, applicants and members agree to notify AAIEP in a timely manner of such change. Failure to make such timely notification shall constitute grounds for corrective action under Article V.
Section 1. In the event that the Executive Board receives reliable information indicating that a member is: (1) violating these Bylaws or the policies of AAIEP; (2) has provided information on the application form which is incomplete, dishonest, or misleading; or (3) is not meeting the conditions and standards or membership as set forth in these Bylaws and in the policies of AAIEP, the Executive Board may act to terminate a program’s membership at any time. Prior to taking such action, the Executive Board must give the member notice of such alleged violation and provide the member with a reasonable opportunity to respond in writing to the Executive Board. The Executive Board may place time limits upon the member program for such response to be considered.
Section 2. After considering such response from the member, if any is received, the Executive Board may take action on the matter. The Executive Board may take any action that appears reasonable under the circumstances. Such actions include, but are not limited to: (1) taking no adverse action; (2) issuing a warning; (3) imposing terms of probation; and (4) terminating membership. If the action is to terminate, the member shall be notified by registered or certified mail, return receipt requested. The member shall have thirty (30) days from the date of receipt of such notice in which to request a review of the matter pursuant to Article XI of these Bylaws. Failure of a member to request such a review of the action within such thirty (30) day period shall constitute acceptance of such decision by the member and the member shall be deemed to have waived its review rights. A member who makes a timely request for a review of the decision shall have the decision reviewed in accordance with the procedures contained in Article XI, and the member’s membership shall not lapse prior to the completion of the review procedures described in Article XI. A program whose membership in AAIEP has been terminated may apply for membership in AAIEP after one calendar year has elapsed from the date of termination.
Section 1. The officers of the Association shall be a President, a President-Elect, a Vice President for Standards, a Vice President for Advocacy, a Vice President for Outreach, a Vice President-Elect for Standards, a Vice President-Elect for Advocacy, a Vice President-Elect for Outreach, a Secretary, and a Treasurer.
Section 2. The Executive Board shall consist of the officers, the Immediate Past President, and the Immediate Past Vice President for Advocacy.
Section 3. Eligibility for service on the Executive Board shall be limited to directors or designated representatives of member programs which are in good standing at the time the individual is elected.
Section 4. The officers and Executive Board shall perform the duties prescribed by these Bylaws and by the parliamentary authority adopted by the Association in so far as these duties are not inconsistent with these Bylaws and any special rules the Association may adopt.
Section 5. The President-Elect shall serve one year as President-Elect, one year as President, and one year as Immediate Past President. The Vice President-Elect for Advocacy shall serve one year as Vice President-Elect, one year as Vice President, and one year as Immediate Past Vice President. The Vice President-Elect for Standards and the Vice President-Elect for Outreach shall serve one year as Vice Presidents-Elect and then shall serve one year as Vice Presidents for Standards and Outreach respectively. The Treasurer shall serve for two years. The Secretary shall serve for two years. The terms for Treasurer and Secretary will begin on alternating years.
Section 6. Vacancies. Should the office of the President become vacant, the President-Elect shall succeed to the office, completing the unexpired term without prejudice. Should the office of a Vice-President become vacant, the vacancy shall be filled by the Vice-President-Elect for that office. Should any other office become vacant, the President, in consultation with the Executive Board, shall appoint the program director of a member program to complete the unexpired term.
Section 7. The officers shall be elected by secret ballot mailed to the membership no less than sixty days prior to the annual business meeting. Officers shall serve terms prescribed by these Bylaws or until their successors take office. These newly elected officers shall begin their terms of office at the close of the annual business meeting following their election.
Section 8. No member shall hold more than one office or serve on more than one committee at one time, and no member shall be eligible to serve more than two consecutive terms in the same office.
Section 1. There shall be one regular annual business meeting of the members of the Association. This meeting shall be held in conjunction with the annual meeting of the NAFSA: Association of International Educators or at another time as determined by the Executive Board.
Section 2. The annual business meeting shall be for the purpose of receiving reports of officers and committees and for any other business that shall arise.
Section 3. Voting privileges of member programs at annual business meetings shall be exercised by the directors of the individual programs or by their designated representatives. A program director may designate a single representative to vote in his or her stead; such designation shall be made in writing to the Executive Board by the program director prior to the opening of the annual business meeting.
Section 4. Special meetings of the Association can be called by the President or by the Executive Board. Except in the case of emergency, at least 30 days’ notice of the time, place and purpose of the meeting shall be given to the membership.
Section 5. At the annual business meeting, all directors and designated representatives of member programs present shall constitute a quorum.
Section 6. Minutes of all meetings shall be kept and copies shall be submitted to the members of the Executive Board within one month. Minutes of the annual business meeting shall be distributed to all members of the Association.
The Executive Board
Section 1. The Executive Board shall consist of the officers, the Immediate Past President, and the Immediate Past Vice-President for Advocacy.
Section 2. The Executive Board shall have general supervision of the affairs of the Association between its annual business meetings, fix the hour and place of meetings, make recommendations to the Association, and shall perform other such duties as are specified in these Bylaws. The Board shall be subject to the orders of the Association, and none of its acts shall conflict with action taken by the Association.
Section 3. The Executive Board shall be charged with the responsibility for dissemination of the list of members stating their status in compliance with the standards adopted by the Association.
Section 4. Unless otherwise ordered by the Association, meetings of the Executive Board shall be held at its discretion. Special meetings of the Board can be called by the President. In addition, upon the written notification to all members of the Executive Board, three or more members of the Board may call a special meeting.
Section 1. A Finance Committee shall be composed of the President, President-Elect, Secretary, Executive Director, and Treasurer, with the Treasurer as chair, and shall meet after each annual business meeting. It shall be the duty of this committee to prepare a budget for the following year and submit it to the Board for approval, and to recommend to the Executive Board the amount of dues necessary to maintain the submitted budget.
Section 2. Soon after the annual business meeting in May, a Nominating Committee of five members shall be selected by the President and approved by the Executive Board. It shall be the duty of this committee to nominate candidates for the offices of the Association. The Nominating Committee shall report its recommendations for officers and committee members to the Executive Board six months prior to the next annual business meeting. Based on these recommendations, the Executive Board will approve a slate of candidates. Prior to the next annual meeting, the Executive Board shall prepare, distribute and request the return of a secret ballot containing the approved slate with space provided for write-in candidates.
Section 3. Members of the Nominating Committee serve for one year and may not be appointed for more than two consecutive terms, however, after an absence of at least one term, they may again be appointed.
Section 4. Other Ad hoc committees (e.g. Standards, Advocacy, Outreach, Conference Planning) shall be appointed by the President as the Association or the Executive Board from time to time deems necessary to carry on the work of the Association. A member of the Executive Board shall be appointed to serve on all such committees.
Section 1. The Advisory Board shall be composed of the Immediate Past President, the Vice President for Advocacy, the Vice President for Standards, and up to ten individuals invited by the Executive Board to serve for a period of up to three years. Invited individuals shall not be directors of member programs or their designated representatives.
Section 2. Membership on the Advisory Board shall be open to persons who can contribute to the goals and objectives of the Association. These persons may include but are not limited to members of related professional associations, representatives of governmental agencies, foreign student advisors, and admissions counselors and officers.
Section 3. The duties of the members of this board shall be to provide the Association with advice and support in the attainment of the Association’s goals.
Section 1. The following actions by the Executive Board shall entitle an applicant or member to a review pursuant to this Article:
A. Denial of an application for initial or continuing membership, except as it pertains to accreditation requirements,
B. Termination of a program’s membership, except as it pertains to accreditation requirements.
Section 2. Upon receipt of a timely request for a review, the President shall then arrange for a review of the matter before the Judicial Review Committee (see Section 4 of this Article). The review of the matter shall be conducted based on the submission of written documents only.
Section 3. The applicant or member will be notified of the date which has been set for the review. Such notice shall be dated at least forty-five (45) days prior to the date set for such review. At least thirty (30) days prior to the date set for such review, the applicant or member shall provide to the Judicial Review Committee and to the President, on behalf of the Executive Board, any and all written materials it wishes the Judicial Review Committee to consider. This will be the first documentation the Judicial Review Committee may receive regarding the matter. The materials provided should be responsive to the reasons cited in the notice of the action by the Executive Board. Thereafter, the Executive Board may respond in writing. Such response shall include any materials it wishes the Judicial Review Committee to consider. A copy of such response shall be provided to the applicant or member. Such response, if any, should be received by the Judicial Review Committee at least ten (10) days prior to the date of such review. If the applicant or member wishes to respond further to the materials received from the Executive Board, such written response must be received at least four (4) days prior to the date set for the review.
Section 4. The Judicial Review Committee shall consider all of the written material submitted by both sides and shall make a recommendation to the Executive Board, based on the evidence submitted. The recommendation shall be accompanied by a statement of reasons. A copy of the recommendation shall be provided to the Executive Board and to the applicant or member by registered or certified mail, return receipt requested. Thereafter, the Executive Board shall consider the recommendation of the Judicial Review Committee and shall make a final decision on the matter. The Executive Board shall give the recommendation of the Judicial Review Committee great weight but may modify or overrule it. A copy of the final decision of the Executive Board, with reasons (in the event the decision modifies or is contrary to the recommendation of the Judicial Review Committee), shall be sent to the applicant or member by registered or certified mail, return receipt requested. This decision shall represent the final decision of AAIEP on the matter.
Section 5. The Judicial Review Committee shall consist of three (3) persons. Membership shall be determined by the President at the beginning of each year. The President shall select seven (7) persons to serve as a slate of eligible candidates for service on the Judicial Review Committee throughout the year. These persons shall be drawn from past officers of AAIEP. In the event the President is not able to fill the slate in this fashion, he or she shall, at his or her discretion, select from members who have not served as officers in the past. No current member of the Executive Board may serve as a member of the Judicial Review Committee. When a review is requested, the President shall select a Chairman, two (2) other members, and up to two (2) alternates from the seven (7) member slate. In the event a review arises during the tenure of one Judicial Review Committee but is not complete until such time as a new Judicial Review Committee has been chosen, the first Judicial Review Committee shall remain constituted to hear and recommend on the matter.
The rules contained in the current edition of Robert’s Rules of Order Newly Revised shall govern the Association in all cases to which they are applicable and in which they are not inconsistent with these Bylaws and any special rules the Association may adopt.
Amendment of Bylaws
These Bylaws can be amended by two-thirds of those members voting by secret ballot mailed to the entire membership. Amendments to the Bylaws may be initiated by the Executive Board or by written petition to the Executive Board, signed by ten percent of the membership. The Executive Board shall be required to submit a mailed ballot within sixty days of receiving such petitions.
Statement of Non-Profit Status
No part of the net earnings of AAIEP shall incur to the benefit of, or be distributed to, its members, directors, officers, or other private persons (except that reasonable compensation may be paid for services rendered to or for the Association, affecting one or more of its purposes) and no member, director, officer, or other private person shall be entitled to share in the distribution of any of the assets of the Association upon dissolution. The organization shall not participate in, or intervene in (including the publication or distribution of statements), any political campaign on behalf of any candidate for public office. Notwithstanding any other provision of these Bylaws of the American Association of Intensive English Programs (AAIEP), the Association shall not carry on any activities which are prohibited from being carried on by any organization exempt under Sec. 501(c) (6) of the Internal Revenue Code of 1986 and its Regulations (as they now exist or as they may hereafter be amended).
Upon dissolution of AAIEP, the assets of the Association shall be distributed exclusively to charitable, literary, or educational organizations which would then qualify under the provisions of Sec. 501(c) (3) of the Internal Revenue Code of 1986 and its Regulations (as they now exist or as they may hereafter be amended). If NAFSA: Association of International Educators qualifies as such an organization at the time of dissolution, it shall receive first priority in any such distribution of assets of this Association.
Since applicants and members may be asked to provide information which the applicant or member may feel is confidential, all persons having access to such information as part of their official functions for AAIEP agree to respect the confidentiality of submitted materials.
Last updated December 1, 2013