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Randy Chapel

PO Box 1050
Boulder Creek, CA 95006
Dec 31, 2010

Via email and USPS
7009 2820 0002 5901 4155
Arne Duncan
400 Maryland Avenue, SW
Washington, DC 20202
arne.duncan@ed.gov
7009 2820 0002 5901 4162
Charles Rose
400 Maryland Avenue, SW
Washington, DC 20202
Charles.Rose@ed.gov
7009 2820 0002 5901 4186
Susan Spelletich (Bar # 85641)
OCR Attorney
US Dept Educ/Ofc Civil Rights
50 Beale St Ste 7200
San Francisco, CA 94105
susan.m.spelletich@ed.gov
7009 2820 0002 5901 4179
David Rolandelli,
Team Lead
US Dept Educ/Ofc Civil Rights
50 Beale St Ste 7200
San Francisco, CA 94105
David.R.Rolandelli@ed.gov
cc: Chuck Mula, chuck.mula@ed.gov

Re: Case No. 09-05-2147

To all concerned:

I have created a data DVD, which should be readable for either Mac or PC, and I am sending it with this letter to the
addresses above. Because for some of you, it might take more than a week to receive this letter, I have also
uploaded the files to the URL : www.dnsservices.net/20101231 so that they can be downloaded sooner. Western
Seminary produced the materials found in 20050000_WS_USDEOCRFile.pdf during arbitration. There is a
communication, which was not produced to OCR or during Carol’s discovery included in that discovery. Western
failed to produce much of what OCR sent to me, and this is noted below. These files will remain on the web server
until Jan 21, 2011.

BACKGROUND OF EVENTS

In the fall of 2001, I was the graduate assistant to M. James Sawyer, PhD for both the Church History and Theology
courses at Western Seminary. My job included, among other things, grading and tracking master’s level student
assignments and tests. I interfaced with students concerning time deadlines and their submitted work, reporting back
to M. James Sawyer.

Procedures for special needs students required by Section 504 of the ADA was never discussed with me, and there
was no training about it by Lynn Ruark or any other Western Seminary administrator or instructor. I knew about
Section 504 due to my parents who taught at the Jr high, Senior high and College levels. My mother is a retired
Jr./Sr. high school teacher, my father is a retired a high school teacher and college professor who currently sits on a
college board and performs accreditation reviews of other colleges, while my step-father was a professor at West
Point and several other universities. There will soon be three generations of teachers in my family.

In contrast, until the summer of 2005, Professor Sawyer had never heard of “Section 504” after teaching 18 years at
Western Seminary. He testified his students greatly succeeded more than ever before due to my assisting and
grading in his classes. I also received thanks and gifts due to my work as a GA for Professor Sawyer. But all this
came crashing down by 2002 when Tuck, Korch and others at the school sought to destroy my future in conjunction
with the whims of a vindictive woman demanding to marry me because it was God’s will and the Bible said so.

Gary Tuck, PhD, as Western Seminary’s Academic Coordinator, never trained me or communicated any academic
requirements, including Section 504, for the course work I graded and he coordinated. Dr. Tuck actually
www.educationalfraud.com
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disapproved of me being the graduate assistant to M. James Sawyer who testified of student comments about Tuck
attempting to humiliate and insult me during classes with “digging” types of comments intended to hurt me.

Steve Korch, as Western Seminary’s Executive Dean over all employees in Northern California, never trained me
or communicated any regulated requirements, including Section 504, for either of the classes I graded. Steve Korch
actually disapproved of me being the graduate assistant to M. James Sawyer, claiming I was not an exemplary
example for a grading assistant, yet Korch used me before donors as a model student. My students’ thankfulness and
Professor Sawyer’s comments countered Korch’s harsh and prejudiced judgment of me after the fact. Ironically,
there is a reason to believe in the concept of Karma, as Korch and Tuck harbored irrational thoughts towards me that
they acted upon, it was through this case that Korch’s child molesting he concealed to maintain the appearance of
“superior morality,” and Gary Tuck’s acts came ever increasing to light. Both men hoped to gag me forever.

Randy Roberts, DMin., as Western Seminary’s Academic Dean and Accreditation Liaison Officer, never trained
me or communicated any academic or regulated requirements, including Section 504, for the classes I graded.

Robert Wiggins, PhD, as Western Seminary’s Registrar, Dean of Student Services, and expert witness never trained
me or communicated anything about Section 504 procedures for any special needs students in the courses I graded.

No meeting occurred at the outset of or during the 2001 fall semester to talk about accommodations for any
purported disabled student in any class I graded. There were no Section 504 student placements, accommodations
or forms, or evaluations by professional(s). As an employee of Western Seminary who assessed the academic work
of students, I received no information (written or verbal) about procedures for making appropriate Section 504
academic adjustments in order to accommodate educational experiences for any disabled students I graded. Western
Seminary produced no evidence of Section 504 programming to me via subpoena over the 8 years of litigation, and
clearly nothing was produced to OCR in 2005 as my FOIA shows. During the fall of 2001, one of the students I
graded fell way behind in his schoolwork. His name is Matthew Tuck, the adult son of Gary Tuck. Although Matt
had time to grade and teach Greek courses in which I was enrolled that his father was assigned to teach, Matt
continued to fall further and further behind in his required schoolwork in CHS 501 for a master degree program.
In essence, Matt Tuck was robbing Peter to pay Paul.

Gary Tuck and his wife Lynn asked Professor Sawyer to alter Matt’s test and homework deadlines for their adult
son. There was no school involvement, no documentation, and no evaluation of Matt’s disability by medical
professionals provided to Professor Sawyer or Western’s administration, including Lynn Ruark. Matt registered
normally as any other student, and he filed no disability accommodation forms. In short, while there was no Section
504 coordinator or program at the school, if there had been, those who knew and had administrative authority did
not follow any Section 504 policies or procedures regardless if Western did or didn’t have them. It was later learned
under oath and discovery that Western Seminary never had a Section 504 program, files, or forms. Korch, Tuck, and
Ruark (and others) retaliated against me after I questioned the special grading favors given to Matt Tuck that
discriminated against all other students including me, while Matt’s habitual tardiness was excused.

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While I was in California contemplating suicide, this became one of the
last photos I have of my 2-year-old son, Joel. The Department acted to
support Western and the accreditors and did not mitigate my damages (it
enhanced them instead). I have very few lasting memories of my young
son to hold on to, and now my wife is filing for divorce.
Since then, Western Seminary, two
accreditors, three insurance carriers, the
Department and a mindless arbitrator
cooperated against me, resulting in loss of my
home and belongings. My wife on Dec 15 had
her attorney contact me to announce she is
filing to end the marriage; I will not see or
know my 2-year-old son.

I was made out to be a rapist needing cover up
by Western’s agreement in order to balance
out Korch’s demand to cover up child
molestations. Western Seminary also designed
the agreement to conceal their actions, events,
testimonies, unlawfulness, and materials of
educational fraud including the Section 504
issues herein presented.

I’ve made repeated requests to the Department
to mitigate damages caused by Western
Seminary that the Department under Spellings
joined and refused to correct. Instead, the
Spellings Administration protected Western
Seminary in the current/former lawsuit(s) and
two accreditors from future lawsuits; they
concealed the ongoing acts of criminal
enterprise by the school and accreditors.

I came very close to suicide as a result of all of this.


DISCOVERY AND TESTIMONY

Below is a list of additional documents I am providing to the Department for review that are listed in date order and
include documents and testimonies under oath during litigation. As noted above, I have placed them on a web
server so that they can be reviewed sooner.

I have included the entire production Western Seminary provided to me during arbitration. Western Seminary
(CHP0152-CHP0161) produced ONLY ten pages of OCR-related documents. As the Department and OCR can see,
this is nowhere near the amount of information the Department had and knew. You will see that there are missing
communications and materials between OCR and Western, and between Western’s employees. Western withheld
from me production of all forms they produced to OCR during OCR’s initial Data Request, as Western knew I knew
those were false documents that would be used against them and cause me to inform OCR about their lies. What
Western Seminary never wanted is for OCR and the Department to compare notes with me.

Produced
Date by Description

1998-1999 RSC Western Seminary Catalog
• pp. 102-108: no indication of a Section 504 Coordinator
• p. 102: Lynn Ruark is listed under ‘Core Donor Development’
• pp. 16-28: nothing about Section 504 or policies or procedures regarding how
to secure accommodations for any purported disabled student wishing to attend
or seeking accommodations.

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1998-1999 RSC Western Seminary Student Handbook
• nothing about Section 504 or policies or procedures regarding how to secure
accommodations for the purported disabled student wishing to attend or seeking
accommodations.

1999-2000 RSC Western Seminary Catalog
• pp. WS 0857 – 0863 (115-121): no statement regarding how to seek
accommodations on the Master’s level student application.
• pp. 104-109: no indication of a Section 504 Coordinator
• p. 104: Lynn Ruark is listed as ‘Associate Director of Student Development
and Alumni Director.’
• pp. 15-28: nothing about Section 504 or policies or procedures regarding how
to secure accommodations for any purported disabled student wishing to attend
or seeking accommodations.

1999-2000 RSC Western Seminary Student Handbook
• Nothing about Section 504 or policies or procedures regarding how to secure
accommodations for any purported disabled student wishing to attend.

1999- RSC Western Seminary Employee Handbook
• Nothing about Section 504 or policies or procedures regarding how to secure
accommodations for any purported disabled student; or how to seek information;
or who to talk to; or training.
• No employee orientation regarding Section 504.
• p. 11: ADA statement provides no information about policies or procedures
regarding how to secure accommodations for any purported disabled student
wishing to attend, etc.

As to materials provided to OCR from Western:
• No materials regarding Section 504 training to employees and or instructors
were produced in 2005.
• Subpoenas during litigation over a period of 8 years produced no Section 504
materials, or Section 504 training to employees or instructors.
• Subpoenas during litigation over a period of 8 years produced no Section 504
materials to me regarding required training that should have been provided to
me while I was a graduate assistant employee grading the work of students.
• During litigation over a period of 8 years, there was no job description for a
Section 504 coordinator provided, and none was provided to OCR.

1999- RSC Western Seminary By-Laws of the Faculty
• Nothing about Section 504 or policies or procedures regarding how to secure
accommodations for any purported disabled student; how to seek out such
information; who to talk to; training about Section 504, and so on.
• No statement regarding Section 504.
• p. 5: No mention of a Section 504 coordinator participating with the admission
committee.

As to materials provided to OCR from Western:
• No materials regarding Section 504 training to employees or instructors were
produced in 2005.
• Subpoenas during litigation over a period of 8 years produced no materials
regarding Section 504 training to employees or instructors.
• Subpoenas during litigation over a period of 8 years produced no materials
regarding Section 504 training provided to me, while I was a graduate assistant
employee of the school grading the work of students.
• During litigation over a period of 8 years, there was no job description for a
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Section 504 coordinator provided, and none was provided to OCR.

2000-2001 RSC Western Seminary Catalog
• pp. 104-109: no indication of a Section 504 Coordinator
• p. 104: Lynn Ruark is listed as ‘Associate Director of Student Development
and Alumni Director.’
• pp. 15-28: nothing about Section 504 or policies or procedures regarding how
to secure accommodations for any purported disabled student wishing to attend
or seeking accommodations.

2000-2001 RSC Western Seminary Student Handbook
2001-2002 RSC Western Seminary Catalog
2001-2002 RSC Western Seminary Student Handbook
2002-2003 RSC Western Seminary Catalog
2002-2003 RSC Western Seminary Student Handbook
2003-2004 RSC Western Seminary Catalog

more of the same.




2004-2005 RSC Western Seminary Catalog
• pp. 117-122: no indication of a Section 504 Coordinator
• p. 118: Lynn Ruark is now listed as ‘Dean of Men, International Student
Coordinator; interim Financial Aid Director.’
• pp. 17-32: nothing about Section 504 or policies or procedures regarding how
to secure accommodations for any purported disabled student wishing to attend
or seeking accommodations.

Regarding materials provided to OCR from Western:
• Changes are made in the 2005-2006 catalog with parts sent to OCR based on
other schools’ statements and due to on-going litigation. This is reflected in
Data Request from OCR and subsequent changes due to OCR involvement.
• Western Seminary then backdated materials to 2003 to appear like they used
this form for “several years” unpublished as Ruark claimed to OCR. OCR did
not identify that misrepresentation.
• Western then gagged me and my mother to control our speech so that the
Department and OCR can not be told about Western’s lies. By 2008, Spellings,
Regan and Oldham had no problem with schools gagging students and causing
them to not complain to the government as a requirement to earn two master
degrees or a PhD.

03/26/04 RSC Deposition - Lynn Ruark
• Ruark did not testify he is the Section 504 Coordinator.
• Ruark under oath admited he had only three responsibilities, none of the
responsibilities he listed was the Section 504 Coordinator.

It is a reasonable argument that a Section 504 Coordinator ought to clearly
understand what his job entails, how it impacts his employment/school, and for
him to be able to clearly and concisely explain that position under oath. Ruark
articulated no description of himself as Section 504 coordinator. That was 15
months prior to OCR’s involvement and a pending lawsuit filed in 2003 that
noted the issues related to Matt Tuck receiving special accommodations and
favors requested by his father, Gary Tuck and mother Lynn. Western Seminary
and Tuck wanted those material facts covered up. Tuck maintains to this day
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that he has never done anything wrong, including when he violated FERPA.

04/30/04 RSC Deposition – James Sawyer, PhD
• Claimed Matt had “Asperger’s syndrome”
• WebMD states “Asperger’s syndrome is a developmental disorder that makes
it very hard to interact with other people.” (Matt graded tests, interacted with
students about their school work as a GA/GF, and he taught courses at the
school with no master’s degree contrary to school policies).
• There is no school review of Tuck’s claim that his adult son had Asperger’s
• Matt Tuck was NEVER formally classified as a learning-disabled student.
• Matt Tuck registered at Western Seminary as a normal functioning student.
• Matt’s parents planned how Matt could successfully finish class work well
after the allotted 6 week extension time (instead of Western planning it).
• Gave Matt more time than would have any other student.
• No documentation made by Western or Lynn Ruark --the so-called Section
504 Coordinator.
• Collegial courtesy to his co-worker and not based on procedure.

06/24/05 RSC Deposition - Steve Korch
• Did not know the employment policies of nepotism.
• Matt worked for his father, graded papers and taught individual classes
• Matt had the ability to interact with others, teach and grade papers.
• Korch never testified that Matt’s limitations were an issue, if they indeed
existed, and for which his co-defendant Gary Tuck and his wife sought special
accommodations based on a purported disability. Instead, Korch praised Matt as
being very able.


05/31/05 USDOE Letter from OCR Dorothy Brady to Randy Chapel
pp 6-13 concerning complaint filed on May 26, 2005

06/09/05 USDOE Letter from OCR Charles Love to Randy Chapel
pp 3-5 concerning the complaint filed

06/09/05 OCR letter from Charles Love to President Bert Downs, Western Seminary
concerning a discrimination complaint filed against Western Seminary. It
has not been produced by OCR, but it was produced to Carol Nye-Wilson
in 2007.
- The letter notes a complaint has been filed on the San Jose campus that did not
have Section 504 policies and procedures for implementation.
- The letter also notes that “schools are not to intimidate, harass or retaliate
against those who file complaints with OCR. Should a complainant feel
they have been the subject of intimidation, harassment or retaliation, they
can file an additional complaint with OCR.”

06/27/05 Summary of Telephone Interview with Michael Hohn, assistant to the President
of Western Seminary.
- Has not been produced by OCR for my FOIA request
- Michael noted that OCR should speak to Lynn Ruark.
- Michael Hohn did not identify Ruark as the Section 504 Coordinator

06/30/05 USDOE Summary of Telephone Interview
pp 55-56 - OCR claimed a need for a Section 504 Coordinator
- No claim to OCR that Ruark was the Section 504 Coordinator
- Ruark told OCR that Western Seminary had unpublished policies and
procedures for the last 5 years. (NOTE: In their 2008 criminal enterprise,
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Western Seminary and ATS made similar deceptive claims about unwritten
/unpublished / unseen accreditation policies for “exceptions” that no one
could quote but they held as valid as written policies [contrary to 34 CFR
602].)

POINT: Western used unwritten /unpublished / unseen as a means to
justify their unlawful acts and then manufactured materials to support
their misrepresentations. This is what they did to ASL/AAEU in 2008 with
ATS as compared to Western’s misrepresentations to OCR in 2005.

As noted by the OIG report, because sub departments don’t compare
investigative evidences, sub departments don’t know if schools are robbing
Peter to pay Paul. The OIG warned the AAEU, but the problem is not isolated
solely with AAEU in the Department. Western Seminary’s deceptive habits
were rewarded by the Spellings’ administration and Department’s weaknesses
that need reform before someone dies from this sorts of things.

07/08/05 USDOE OCR letter from Stella Klugman to Bert Downs concerning complaint filed on
pp 16-18 May 26, 2005 notifying Western Seminary on June 9, 2005—a request for data
• Copy of Seminary’s notice of nondiscrimination, how and where this is posted
and/or published
• Name Seminary’s Section 504 coordinator, how and where this was posted
and/or published
• Copy of Section 504 grievance procedures, how and where this was posted
and/or published
• Copy of policy and procedures for providing academic
adjustments/accommodations and auxiliary aids for students with
disabilities, how and where this was posted and/or published.
• Any additional data Western Seminary wanted to provide relevant to complaint

Unknown to the Department and OCR at the time…
“Smoking Gun”

07/20/05 RSC E-mail communications between Lynn Ruark and Randy Roberts, regarding
documents responsive to the OCR Data Requests. President Bert Downs, Rob
Wiggins and Randy Robert’s signed off on materials they presented to the
Department/OCR.

• Changes were made to in the 2005-2006 catalog released in the fall after Lynn
Ruark copied statements and forms from other schools to present to OCR as
Western Seminary’s that Ruark claimed Western used for years but had not
published.
• Lynn Ruark didn’t claim to Roberts (Academic Dean) he was the Section 504
Coordinator, nor was that title used for years in any earlier communications.
- 2005-2006 catalog p. 188 claims Ruark is “Dean of Men; International
Student Coordinator; Interim Financial Aid Director”
- 2006-2007 catalog p. 118 claims Ruark is “Financial Aid Director” with
no statement about a Section 504 Coordinator.

• After reviews by Roberts, Wiggins, and Ruark, then Downs approved
everything Ruark produced to OCR (to get OCR off their back).
• The Department and OCR were never told by Western Seminary that none of
those forms or statements existed until a few days before Ruark produced them
to OCR.
• Western Seminary et al, then gagged my mother and me to prevent us from
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ever complaining or saying anything to governmental authorities about the only
way I could get my previous educational course work back and go on to earn
two degrees and a PhD.

All the President’s men:
Bert Downs – President, originally contacted by OCR, chaired President’s counsel.
Rob Wiggins – Registrar, Dean of Student Development, Ruark’s boss. Maintains catalog and
handbooks.
Randy Roberts – Academic Dean, Accreditation Liaison Officer, over all academic issues.
Lynn Ruark – Author of communications to OCR in question, seeking to deceive and
misrepresent actual policies and procedures during a federal investigation with
the help of others.
Gary Tuck – Academic Coordinator, Matt’s father.
Trusties – various persons approving those actions.
Andrew Adler – Attorney to Western Seminary.
Ellen Hung – Attorney to Western Seminary.


and then claimed to the Department and OCR:
07/25/05 USDOE Western Seminary’s response to OCR’s Data Request
pp 38-54 - Lynn Ruark claimed “at least two” students with learning disabilities.
- Ruark stated, “specific policies and procedures in place for several years (at
least 5 years), but they have not been published or posted on the website until
now.”
- Ruark produced an undated form titled, “Reasonable Accommodations
Questionnaire” as though it existed prior to the federal investigation.
- Ruark produced an undated form titled, “Reasonable Accommodations
Disability Documentation” [pages 51-52]
- Ruark produced an undated form titled, “Reasonable Accommodations
Supplemental Documentation For Learning Disabilities”
- Ruark claimed Western Seminary was committed to principles of the Bible and
to follow laws (both identify giving misrepresentations and lying are wrong).
- All the forms Ruark produced were undated in order to claim a nebulous
creation date. (NOTE: Lynn Ruark’s dating style on his 07/20/05
communication to Randy Roberts above in a monthdayyear format. Then Ruark
misrepresented the form titled, “Reasonable Accommodations Disability
Documentation” that he backdated to 2003 before he produced it to OCR.

OCR didn’t catch on to Ruark’s misrepresentations during the federal
investigation.

- Similarly, Ruark claimed to be Western Seminary’s Section 504 Coordinator,
yet under oath in deposition, Ruark never cited Section 504 duties and his job
description for years also did not cite them.

08/10/05 RSC Deposition of Lynn Ruark
• Ruark was unaware of my complaints regarding Matt Tuck on Feb 28, 2002.
• Ruark was unaware that Gary Tuck and his wife sought Accommodations
directly from the Professor M. James Sawyer, and testified he learned about it at
his deposition ON THAT day. (Remember, Ruark presented himself to OCR as
the Section 504 Coordinator, and at the time there was no evidence of that
employment position in Western’s documents, policies, or procedures.)
• Ruark testified, “we now have a form…”
• Ruark had no idea what Matt did as grading assistant.
• “Western Seminary did not have a Section 504 form in 2002” (i.e.,
Reasonable Accommodations Disability Documentation). However, Ruark
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claimed to OCR on 07/25/05 that specific policies and procedures in place for
several years (at least 5 years).
• Matthew Tuck never filled out a form (related to Section 504) between 1999-
2003, because it never existed, yet Ruark claimed to OCR on 07/25/05 that
specific policies and procedures in place for several years (“at least 5 years”).
• Western Seminary’s defense attorneys repeatedly coached Ruark how and
what to answer during his deposition.
• Ruark refused to answer any particulars regarding Matt Tuck and the lack of
documentation to support any claim that Matt Tuck had been determined by the
school to qualify as under Section 504—which did not exist in 1999-2003.
• Important NOTE: Western Seminary repeatedly claimed Federal and state
laws prohibited them from making any statement regarding Matt Tuck—a
requirement that also applied to my educational records and me. Therefore,
Matthew Geyer’s many arbitration failings never had any basis in law, and
Western Seminary proved it knew that by its discriminatory protections of Matt
Tuck in contrast to their gross violations coordinated with Geyer against me.

Concerning the so-called Portland Student Handbook submitted at Wiggins’
deposition:
• Ruark claimed it was the 2001-2002 Portland Handbook.
• Admissions Counselors, Mark Vorhees/ Krista Cane provide it to all students.
• Ruark stated under oath Portland had a student handbook since 1976!
• Asked under oath if he wanted to make any changes to his deposition
testimony and Ruark stated, “No.”

Compare Western’s two Exhibit statements produced 2 months later:

• Exhibit 286, Matthew Vorhees, “…we do not have a handbook,… I simply
reiterated the fact that we plan to have something of that nature also in the
future, but it is not available now.”
• Exhibit 288, Krista Cain, Enrollment Associate, “…he wanted a copy of the
Western Seminary, Portland Handbook. Matt said that we do not have a
handbook and that we were in the process of developing something like that
but all we had at this time was a Catalog.”

* Both Rob Wiggins and Lynn Ruark were part of that deception,
illustrating they habitually don’t care who the lie to, even if it is under oath or in
a federal investigation. Western has no concept of truth and they willfully
deceived OCR and AAEU/ASL.

08/11/05 RSC MISSING communications from OCR to Lynn Ruark regarding OCR’s
requested changes and OCR’s review of data requested. Changes were made
per OCR requests, and documents were backdated to be used in my pending
2005-2006 trial against Western Seminary that was postponed five months after
Ruark became ill.

*NOTE: If OCR had sent me (the victim) Ruark and Western Seminary’s
documents produced to OCR in 2005, I could have provided OCR with
deposition evidences given under oath that demonstrated lies and
misrepresentations to OCR by Ruark and Western Seminary during a federal
investigation. OCR neglected to consult with me, and Western Seminary
subsequently “gagged” me (and my mother) with their March 14, 2006
settlement agreement to prevent material facts about Western’s lies and
misrepresentations from reaching OCR and the Department. DeNise Hill from
the Department’s Seattle office told us “No school has the authority to force a
student, a professor, or a parent to not file complaints to the Department.” By
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controlling my speech, Western was able to evade justice that the Spellings
Administration found reasonable to obstruct.
08/16/05 USDOE Summary of Telephone Interview with Lynn Ruark
p 57

08/23/05 RSC Deposition of Bert Downs, President
• Downs learned of Matt Tuck issues due to my 2002 communications when I
questioned Matt Tuck getting behind in work and the lack of process (p50)
• Downs signed Matt’s employment contract knowing Matt would be working
under his father and violating the employee handbook (- p 61)
• Gary Tuck was never disciplined (for professional conflict of interest favoring
his son that discriminated against all other students that Tuck’s job required him
to equally serve as Academic Coordinator ).
• Defense attorneys repeatedly coached Downs how and what to answer.

08/26/05 USDOE Letter from WS to OCR by Lynn Ruark concerning my complaint
pp 34-37 and 08/15/05 conversation.
- includes various changes OCR noted to Western.
- [ one page fax cover by Lynn Ruark not produced by OCR ]

09/21/05 USDOE Letter from WS to OCR authored by Lynn Ruark
pp 19-33 - various claims of changes as provided on forms.
- Ruark’s form stated, ‘revised Reasonable Accommodation Disability
Documentation’ form – [claimed to be revised on Aug 21, 2003] [pages 32-33]

NOTE:
That same form is also purported to exist and was provided on pp 51-52 as
produced on 07/25/05 to the OCR and has no “revised” date.
Differences between the forms include:
- Notification wording at the top of the form.
- There are no other changes to the document other than “revised” backdating.

This form has been backdated to appear as if it existed in 2003 when it did
not, while the wording changes in the “note” section happened between
08/11/05 and 09/21/05, after OCR told Western how to change the documents.
(Remember, Ruark’s 7-20-05 E-mail to Roberts admitted he copied and pasted
those forms from other schools to provide to OCR while Ruark told OCR
Western had policies and procedures for over five years--but unpublished.)

Department and OCR failed to catch what Western did and falsely claimed

- Claimed the existence to a “Portland Student Handbook” and the
winter/spring editions of the Northern California Student Handbook.
NOTE: This statement was known to be a false statement, and there was no
Portland Student Handbook.

On Aug 9, 2005 Rob Wiggins produced a purported Portland Student
Handbook as a valid educational record, which had not been subpoenaed for
his deposition. There is quite a discussion regarding this at his deposition noting
it was a false document. Western was attempting to claim I was a “Portland”
student and thus not under CA laws as a litigation tactic in the lawsuit.

On Aug 10, 2005 I traveled to the Portland campus requesting a Portland
Student Handbook, which I knew did not exist and used the name “Seth” as in
“Seth Anderson” my roommate. Rob Wiggins intervened and had staff write a
statement about what happen to produce in subsequent depositions, including:
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• Exhibit 286, Matthew Vorhees [Enrollment Counselor], “…we do not have a
handbook,… I simply reiterated the fact that we plan to have something of
that nature also in the future, but it is not available now.”

• Exhibit 288, Krista Cain, Enrollment Associate, “…he wanted a copy of the
Western Seminary, Portland Handbook. Matt said that we do not have a
handbook and that we were in the process of developing something like that
but all we had at this time was a Catalog.”

As a result of my proving there was no Portland Handbook, I was barred from
Western’s campuses and if found on campus, I was to be treated as a criminal
trespasser and to call the police. That is why the ThM degree requirements in
the settlement agreement were written the way they were—with twelve 500-
level M.Div. credits taken at the San Jose campus (where the Th.M. is not
approved) to count for twelve 600-level credits toward my Th.M. degree
which ATS called an “exception” that both Roberts and Wiggins testified was
an unwritten and unseen accreditation policy (in violation of 34 CFR 602).
Western denies this claiming it was all me, while it was Andrew Alder who
made the demand I cannot be on campus ever again or I will be treated as
criminal trespasser.

Under oath in 2008, President Randy Roberts denied Western Seminary
repeatedly threatened I would be treated as a criminal trespasser and the police
would be called if I was on campus.

Under oath in Feb 2010, Western Seminary Educational Expert Witness Rob
Wiggins, Registrar and Dean claimed that the Portland Student Handbook had
always been around, while ironically, it was Wiggins who asked Matt and
Krista to document that no Portland Handbook existed.

- Ruark claimed to be Section 504 Coordinator again at this time.
- [ one page fax cover by Lynn Ruark not produced by OCR ]

10/26/05 USDOE Letter from OCR David Rolandelli to Bert Downs,
pp 14-15 cc: Lynn Ruark, concerning resolution

10/26/05 USDOE Letter from OCR David Rolandelli to Randy Chapel
pp 1-2 concerning resolution

Spring/2007 Western Seminary removed from its “Teaching Position” the Seminary is bound
by the civil law (Romans 13) [Contrast Western’s claims made to OCR on
08/26/05 concerning following the Bible and laws.]

11/20/07 Not produced by OCR. OCR communication to Carol Nye-Wilson concerning
her FOIA request. [4 page document]

02/10/10 RSC Deposition of Bert Downs, who later denied any complaint existed regarding
OCR and Matt Tuck

02/12/10 RSC Deposition of Gary Tuck who denied a complaint existed regarding OCR and
Matt Tuck. Tuck’s interrogatories claimed under oath his son, Matt, attended
Western Seminary under the Americans with Disabilities Act (ADA) that Ruark
testified and the evidences showed to be a lie that Tuck wanted covered up.



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UNDISPUTED FACTS

Undisputed Facts
• Western did not have specific Section 504 policies and procedures in place for several years (at least 5 years):
07/25/05 – Lynn Ruark - “specific policies and procedures in place for several years (at least 5 years), but
they have not been published or posted on the website until now.
08/10/05 – Lynn Ruark – testified under oath Section 504 materials did not exist, such as the Reasonable
Accommodations Disability Documentation.
• In 2005, Western did not have a Portland Student Handbook, and attempted to use a false Handbook as a
means to claim I was always a student of Portland and never of CA, thus not bound by CA Postsecondary Laws.

• Western’s staff members Steve Korch and Gary Tuck carried and expressed ill will for me well before any
events of 2002. They used the events of 2002 as a means to act out against me with their ill will, as compared
to any other student in the history of the school.

• Matt Tuck was admitted to Western Seminary as a normal student and not a Section 504 student. No Section
504 procedures were enacted on Tuck’s behalf including no medical evaluations or accommodation forms or
meetings were part of his student records, because they did not exist.

• Matt Tuck’s mother and father, Gary Tuck, sought special dispensations for their adult son, Matt, including
their own educational plan for him. Western made no Section 504 plan for Matt. No Section 504 forms were
filled out. No Section 504 evaluations of Matt were made by Western or medical professionals. Matt was
granted extra time for tests and work extending well beyond time given to any other student, and well beyond
any school policy, while he was teaching and grading other student.

• As a student, I was coerced if I wanted to earn 12 master degree level credits, if I wanted to redeem 78
previously-earned master level units for one degree, if I wanted to redeem 3 prior-earned master level credits
and take the remaining 22 units for a second master degree so that I could go on to earn a PhD—then I had to do
the following:
1. Accept $275k and $25k later only if I agreed to and fulfilled the terms of the agreement. The underlying
lawsuit cost around $350k;
2. Agree to contractual provisions that violated CA and Federal law including I would file no complaints
about Western Seminary and Defendants to the government;
3. Dismissal with prejudice so that I had no leverage to force Defendants to fulfill their obligations;
4. Release everything, including complaints to the government under investigation, and Defendants’
deception and unlawfulness learned during discovery;
5. Demands for non-disparagement/non-disclosure/non-interface to benefit Steve Korch, the school and others
that are against law and violate prior appellate/ superior case rulings in order to gag my mother and me;
6. Demands for confidentially to benefit Steve Korch—a child molester, the school and others that are against
the law and violate prior appellate/ superior case rulings in order to gag my mother and me;
7. Arbitration;
8. Liquidated Damages paid to Western Seminary and Defendants in violation of state law and case rulings in
order to punish and threaten me;
9. Bear costs even though all Defendants secretly knew prior to agreement that Steve Korch’s costs were
being paid while the agreement required each party to pay his/her own costs;
10. Demands I not complain to the government concerning Steve Korch, the school, Defendants, and others
contrary to public policy and law including prior superior court cases rulings in order to gag me and my
mother concerning their prior deceptions and unlawfulness I learned through litigation/discovery and
Defendants’ future actions against me;

• Western Seminary lies to anyone in order to escape judgment, falsifies documents and promotes lies as true
(i.e., the OCR and ASL investigations).

• All of this was deemed acceptable by the Spellings Administration.
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IMPLICATIONS

• Due to the actions of Western Seminary and what has been learned by this case, all schools in the US should be
advised that they can lie to the Department/OCR, lie to students, lie to families, and lie to courts at will. During
federal investigations, Schools cannot only lie, and they can also falsify and back date documents with the
knowledge that the Department does not care and will do nothing about it.

• Otherwise functional adult student(s), who can teach other master level students at the master level, don’t need
to seek accommodation at the postsecondary level to receive it for purported needs they have not proved by
professional evaluation. They can rely on their parents and most of all a well-placed father to do it for them.

• Students don’t need to fill out or document their accommodation needs to the school at the postsecondary level
to receive the benefits of an accommodation, while schools don’t need to verify the purported needs.

• Schools can rely on the fact that OCR will not do thorough investigations. Most of all, OCR will not show up at
the school unannounced to pull the records at the school to make sure there are no modifications and
misrepresentations being made to OCR during a federal investigation. For schools known to falsify educational
records and pass them off as valid, OCR will look the other way.

• Schools can coerce students and their family members to sign contracts, including settlement agreements that
violate state and federal laws and previous court case decisions, and the Department will support the school, the
accreditors, and their insurance companies to further damage students and their families.

BROADER IMPLICATIONS

Key Points:

• Western did not have Section 504 policies, procedures or forms; they were created in 2005 when Ruark used
what Linfield, OSU, Portland State and University of Oregon published and applied. Ruark testified under oath
that at least the form (Reasonable Accommodations Disability Documentation) did not exist.
• The Reasonable Accommodations Disability Documentation form was modified in 2005 to include OCR
input, and then Western backdated it to 2003.
• Matt Tuck was enrolled as a standard student (1999-2003) and there is no documentation to support Section 504
accommodations were filed for him, because policies and procedures did not exist, contrary to Ruark’s
misrepresentation to the Department that policies and procedures were in place for at least 5 years.
• Matt Tuck accommodations were handled by his parents and not the school. There was no school involvement
and certainly no involvement with Ruark, the so-called Section 504 coordinator.
• Western Seminary provided OCR with no Section 504 training materials of any kind for its staff or instructors
in order to support Ruark’s false claim that policies and procedures were in place for at least 5 years.
• Ruark claimed there was a Portland Handbook that Western’s own enrollment staff stated did not exist.
• Western gagged my mother and me to prevent us from filing complaints to the government or sending material
evidences to OCR that demonstrate Western Seminary willfully misled OCR federal investigators in 2005.
• Western has no problem lying and misleading anyone. That is not limited to their criminal enterprise with
NWCCU/ATS ! ASL/AAEU. Rather, that is how they do business.
• An educational façade designed to cover up child molestation by Steve Korch was coerced as my only means to
earn two master degrees was deemed acceptable to the Department under the Spellings Administration’s
political support of Western Seminary, two accreditors, and three insurance carriers who put her boss in office.
• To this day, the Department and/or FBI have not performed a surprise raid on the three campuses to collect
documents, emails, or records of 501© charitable donations paid as excessive benefit to [then] Executive Dean,
Steve Korch through McPharlin, Korch’s attorney.
• This case sets the national standard by which other schools, students, and parents can be assured that the
Department will do nothing about schools gagging students and their families, and the Department will help
damage the people who stand up.

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Negligence by the Spellings administration allowed educational fraud against my mother and me.

The contents of this document identify only a few of the negligent actions against my mother and me by Nancy C.
Regan, Cheryl Oldham, and Margret Spellings along with employees of the Office of General Counsel who
provided legal advice, and others within the Department.
I realize these are difficult issues and the implications are grim. No student or family should experience this. No
student or family should have such loss. No student or family should spend hundreds of thousands of dollars in
litigation as Diane Auer Jones warned to no avail on May 8, 2008. No student or family should be forced to beg the
Department to uphold federal regulations given by Congress for enforcement—also to no avail. I have lost
everything in that process.
It is my President’s will that "transparency and the rule of law will be the touchstones of this [his] administration”
but it was not a hallmark by the previous administration. Spellings and her former administration politically
accepted an educational façade to support the needs of those who elected her boss at her personal discretion. THAT
administration’s value for valid, bona fide degrees exceeded not only the rule of law and the business of
accreditation. Spellings knowingly allowed criminal enterprise of two accreditation agencies with a school to
exceed their authority over the rule of law in order to willfully harm my family and me.
The people involved at Western Seminary are of at least ordinary intelligence and know that certain conduct is
forbidden—like lying under oath or during federal investigation. Western Seminary, ATS, and NWCCU were
enabled by acts of the former administration, as if the law has no measure over them. The facts and materials
presented in this document are only part of what Western sought to silence between OCR’s investigators and me.
In short, allowing Western to get away with such actions, means that all schools should be made aware that
falsifying documents and lying during a federal investigation is clearly acceptable to the Department and the
Department, once it has learned of such things, will do nothing about it. Moreover, it is clearly reasonable to crush
students to the point of suicide and their families so that school’s like Western can continue on doing these things to
other students.

FINAL THOUGHTS

As I have noted, these are difficult issues and the implications are grim. However, my president wants his
administration known for transparency and acting by the rule of law; Bush and Spellings did not. I am thankful that
the Department has sent the materials it has, and I hope that the materials I have sent are just as revealing to the
Department. Because this document and the materials provided have a lot of content to review and converse among
yourselves privately, it is understandable that the Department take some time to review these materials to understand
what they mean. I will contact the FOIA manager contact Bennie Jessup on or after Jan 14, 2011 to see where
things are and when the next batch of materials will be sent. This I believe is a reasonable accommodation, between
the Department and myself. I really would like to get this FOIA completed soon as I need to take the next steps.

There are document responses to my FOIA requests still outstanding: the Kevin Ford and Carol Nye-Wilson
materials as well as OCR notes of its communication with Jim Sawyer. Please forward them to me.

I have purposely asked for the dollar range associated with the time the government has spent dealing with all issues
surrounding Western Seminary, ATS, and NWCCU. These costs totals should be continued to be itemized as both
the Department and my mother and myself continue to place materials on the table as we have these frank and
constructive communications about the events of my last eleven years of dealings with Western Seminary. Western
should not get away with what they did, and they should be caused to pay for what they have done just as
California’s Attorney General, Jerry Brown, caused Corinthian Schools to pay for their deeds similar to Western’s
or how the US has joined suit against BP. The people should not be forced to pay for this nonsense.

As I have previously noted, please inform me of any documentation the Department has concerning the narrated
ending of this travesty. I would prefer to quote the Department in the last chapter. Thus, if there are statements like,
15
“… after a year long and exhaustive review of various policies and procedures affecting the postsecondary
educational sector, Secretary Duncan today announced changes in …….” I believe as the public becomes aware of
the events of the last eleven years and who Western Seminary really is, they will be interested in what preventative
changes were made by the Obama/Duncan administrations and educational regulators that safeguard individual
students and families.

This should never happen again.

/s/
Randy Chapel
Enclosures

20101231_OCRReview.doc