standardheader.

doc 04/08/12
This document is part of a larger case, which is posted on

www.educationalfraud.com

www.stevekorch.org, www.steve-korch.com,
www.religioushypocrites.com, www.westernseminary.info

Forward and let others know what is going on.
Randy Chapel
PO Box 1050
Boulder Creek, CA 95006
randychapellegal@gmail.com

June 25, 2012

via personal service
NACIQI Members
Jamienne S. Studley
Arthur J. Rothkopf
Bruce Cole
George T. French, Jr.
Arthur E. Keiser
William 'Brit' E. Kirwan
Earl Lewis
Wilfred M. McClay

NACIQI Members cont.
Anne D. Neal
William Pepicello
Susan D. Phillips
Beter-aron Aron Shimeles
Cameron C Staples
Larry N. Vanderhoef
Carolyn Williams
Frank H. Wu
Federico Zaragoza

Re: LAWSUIT: Student & Family

Dear NACIQI Members:

I previously asked the Department of Education how to contact each of you. The
Department ignored me. My family and I each filed for FOIA records regarding NACIQIs
evaluations of NWCCU and ATS, and the EDFOIA Office refused to produce those records that
demonstrate educational fraud and negligence of duty by the Department that has caused
devastating damage to me and my family. Thus, I am here today to tell you that my parents and I
have filed litigation against the United Stated, the Association of Theological Schools in the
United States and Canada (ATS), the Commission on Accrediting of ATS (COA), Daniel O.
Aleshire, Executive Director at COA/ATS and Jeremiah McCarthy, Former Director at
COA/ATS concerning two master degree programs involving educational fraud. At this time,
we have not named Northwest Commission on Colleges and Universities and Sandra Elman,
although Ms. Elman was a willing participant. The lawsuit is posted at:

http://www.educationalfraud.com/DistrictCourtCase.html

We have taken the time to break each part of the complaint up into sections and
subsections for easier reading. Each section is foundational for subsequent sections. The
introduction is found in Sections I through III, explaining why this complaint has been filed.
Section IV deals with the choice of law in this case which is California, while Section V outlines,
related cases.

Section VI states the factual allegations of the case, including the dysfunctional
accreditation system that greatly contributed to our damages, and how the errors and omissions
of the Commission on Accrediting of the Association of Theological Schools in the United States
NACIQI
June 25, 2012
Pages 2 of 4

and Canada errors intertwine with the dysfunctional system resulting in damage. Subsection F
outlines a contract that was used as a vehicle for fraud and abuse, which was condoned by
Margaret Spellings, Nancy C. Regan, Cheryl Oldham and others within the Department.

When those circumstances are contrasted to the actions by NACIQI and the Department
in December of 2006, regarding unwritten, unpublished standards when determining
compliance with its standards,
1
by the Counsel of the Legal Education and Admission to the Bar
that failed to establish its controls against inconsistent application of a standard or that the
standard is capable of being consistently applied without the agency having to rely on
unpublished standards,
2
then you will understand much of our complaint against the
Department and ATS/COA. However, in our case, instead of corrective enforcement, the
Department condoned the use of ad hoc, unwritten, and unpublished standards by ATS and its
Commission, and NWCCU that actually fulfilled all the fears and cautions argued by the General
Council in 2006 against the ABA.

You probably remember, the ABA was deficient in demonstrating that it complied with
602.18(a), 18(b), and 602.23(a)(3).
3
In contrast, in 2008 Margaret Spellings, Nancy C. Regan,
Cheryl Oldham agreed allowed unwritten policies of ATS and its Commission, and NWCCU to
trump written policies that can be used in 422 schools from 39 states, the District of Columbia,
Puerto Rico, and the sovereign country of Canada. These unwritten policies provide:

schools have the authority to make exceptions to prevent a student or a family
member from filing complaints to the government as a requirement for an educational program,
course work, and masters degrees.

schools have the authority to make exceptions requiring educational programs or
course work for masters degrees that threaten financial vengeance causing a student or family
member to pay liquidated damages for filing complaints to the government or for making any
statement about unlawfullness by the school or school employees.

schools have the authority to make exceptions to gag a student or a family member
from notifying the government regarding the schools intentional misrepresentations to the U.S.
Department of Education, Office for Civil Rights regarding the school's non-compliance with
Section 504 during a federal investigation as a requirement for degrees, educational programs,
and course work, even if the school deceptively uses backdated documents during a federal
investigation to falsely claim it had programs that did not exist (CA Penal Code 134) in order
for the school to retain federal funding that requires compliance with federal laws.

schools have the authority to make an exception that causes a student or a family
member to pay liquidated damages if the student or a family member is a whistleblower telling

1
Transcript of the proceedings, December 2006. American Bar Association, Counsel of the Legal Education and Admission to the Bar. p. 6
2
Transcript. p. 7
3
Transcript. p. 9
NACIQI
June 25, 2012
Pages 3 of 4

the government about the schools intentional misrepresentations during a federal investigation
as a requirement for degrees, or an educational program, or course work.

the power to make an exception as a requirement for degrees, or for an educational
program, or for course work that prohibits the student or a family member from informing the
Internal Revenue Service or the California Franchise Tax Board that the non-profit school and its
administrators contrived an unwritten agreement for one its administrators to receive a secret
excess benefit of $25,000 that was unreported and under the table from the non-profit schools
general fund of charitable donations and Title IV funds in direct violation of the schools Articles
of Incorporation without a school committee vote with records for approval as IRS requires.

the power to make an exception that gags the student or family member concerning
the sexual misconduct by a school employee that occurred with a minor in 1975 as a requirement
for two master degrees, two master degree programs and course work.

the power to make an exception that silences free speech and religious beliefs of a
student or a family member as a requirement for master degrees, master degree programs, and
course work.

the power to make an exception causing a student or family member to not
complain to the government about FERPA violations by the school as a requirement for two
master degrees, master degree programs, and course work.

the power to make an exception that alters or obstructs the religious practices of
that student or family member as a requirement for two master degrees, master degree programs,
and course work.

the power to make an exception causing a student or a family member to dismiss
prior complaints to the government as a requirement for an educational program, course work,
and masters degrees, and more.

As some of you know, Deputy General Counsel Jeff Taylor for Defendant UNITED
STATES noted in 2006 regarding the ABA scam, regulations do require published standards.
4

The transcript went on to note:

Its certainly reasonable that the Department and the law anticipates that
schools will conduct themselves, will make sure that their behaviors are lawful.
And certainly we would not want to approve an agency that has standards or
requirements that would require an institution to violate the law or the
Constitutionbut I get the impression from this, that what it says is that to meet,
to comply with the standard as this agency has written it would require or invite
institutions to have to do things that would violate the law or the

4
Transcript. p. 23
NACIQI
June 25, 2012
Pages 4 of 4

Constitutionwould encourage or even require institutions to do things that
were unlawful.
5


Using unwritten and unpublished policies, and misrepresentations, the Department
condoned Westerns unlawfulness in 2008 through its accreditation agencies NWCCU and ATS,
and the Department approved both of them as compliant contrary to enforcement against the
ABA.

I experienced just about every accreditation malfunction noted by the OIG 2003 Audit of
AAEU, and numerous expert critics of the accreditation system. I have lost everything because
of this tomfoolery. I have lost my house, my land, my wife divorced me and she has taken away
my only child from me. I have not worked in nearly 2 years due to the emotional, academic,
professional, and personal damage I have suffered as a result of the Departments negligence of
duty, and the dysfunctional accreditation system. I have no money and I am totally dependant on
my parents at this point who brought me here to tell you this.

Many people have been hurt and damaged for life because of the educational fraud
Spellings condoned, and some within the Department are working hard to cover it all up by
destroying records prior to termination date, withholding records, and attempting to silence us
about the factsto you and others.

The complaint further outlines the damage and problems that are being covered up by the
government, two accreditors (NWCCU and ATS), several insurance companies and more than a
dozen attorneys for Western Seminary, Steve Korch, Gary Tuck and Lynn Ruark at the cost of
more than one million dollars and tax dollars.

For obvious reasons, we are going public with this case now. No student or family should
be damaged or placed in such harms way like I have.


Respectfully submitted,

/s/

Randy Chapel
www.educationalfraud.com


20120625_NACIQI.doc

5
Transcript. p. 24