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SF 95 Report Executive Summary
Version 1.3 Printed: 9/6/11 1

"Knowledge will forever govern ignorance. And people who mean to be their own governors, must
arm themselves with the power knowledge gives. A popular government without popular
information or the means of acquiring it, is but a prologue to a farce or a tragedy, or perhaps
both." James Madison, letter to W.T. Barry (August 4, 1822), reprinted in G.P. Hunt, Ed., IX The
Writings Of James Madison 103 (1910).


There are people in this world that dont want you to read this. They want it all covered up. They crafted
clever excuses for what you are about to read. Their false and misleading statements intentionally steer the mind
away from what is really happening. They want factual material evidence suppressed and hidden from the public
view. The people who are involved are pros. They give great moving speeches that emotionally mesmerize
audiences. They want you to believe them because that gives them power over a portion of the public who they
want to keep ignorant about what is really going on. They threaten and gag those they harm, or those who discover
their dark deeds, in order to conceal evidence that, if exposed, would cause them to lose control and power from
which they financially benefit.

They prefer that you believe false and unsubstantiated hype that they are real, while their primary
occupation is obstructed truth. The reality they promote does not conform to the social rules the rest of us abide by
and have elected to be governed by. They socially engineer your thinkingmanipulate your trust to believe they are
special and honest leaders with integrity. They hide their faults and intimidate anyone who sees through their
charade. It is strongly probable that they will kill or push people to death to retain power. This case is likely going
to end badly as a result.

Historical Evolution of the Case

Randy Chapel made the choice in 1999 to attend Western Seminary due to the convenience of the location
in Los Gatos combined with his interest in earning something tangible from his studies. Randy preferred to earn
degrees instead of attending the international group called Bible Study Fellowship that accumulates a sizable
portfolio of nontransferable study materials that are nonacademic.

Randy is an academic and a qualified member of Mensa. Randy is uninterested in being told what to
think. He is more interested in thinking for himself, and he likes working with others who also think for
themselves. Randy doesnt buy into the mindless herd mentality that American evangelicalism has become.

In 1999, Western Seminary billed itself as a small, academic postgraduate school. Students were not
required to believe in their narrow theology. Randy set a goal to earn degrees, and then he planned to earn a Ph.D.
with a focus on Theology. A Ph.D. in Theology requires more rigor and academic focus than the D.Min., which
religious types hand out to inferior students so they can claim to have earned a doctorate. Randys goal for a Ph.D.
included achieving several academic disciplines and a working knowledge of seven languages. Randy would later
move to Edinburgh, Scotland to study under Dr. Sara Parvis, Ph.D. and her husband Dr. Paul Parvis, Th.D., not
simply because of their backgrounds, their history, but due to their well-known academic achievements.

Randys goal to attain that doctorate was not simply outside of Randys longstanding comfort zone of
software engineering, but it was also Randys goal to achieve a mark of superior achievement. Later on, Randy had
planned to seek additional doctorates, the next being in engineering or a J.D. with a focus on intellectual property.
While others golfed or went out with friends, Randy enjoyed the intense focus of learning. Challenging himself
educationally allowed Randy to feel he was becoming a better person. All of these goals have been destroyed.

Randy entered Western in 1999, beginning with a handful of classes while working full time. The
postgraduate work load at Western was less demanding than Randy had expected, so he increased his course load
and nearly finished his three-year Master of Divinity (M.Div.) program in two-thirds the normal time. During that
demanding schedule, Randy discovered he had a natural affinity for philosophy/theology. He prepared for a second,
Executive Summary SF 95 Report
Printed: 9/6/11 Version 1.3 2
more academic masters degree referred to as a Master of Theology (Th.M.). A Th.M. degree was not academically
required for a Ph.D., but learning for Randy was interesting and augmented his engineering. Randy was never
admitted into a Th.M. program prior to 2002.

Randy greatly admired and respected his theology professor, Rev. Dr. James Sawyer, Ph.D. As Professor
Sawyer mentored Randy and seeing Randy as very gifted, Dr. Sawyer asked Randy to be his grading assistant and to
tutor Sawyers theology and church history students. Randy did this concurrently while a student and without a
degree in theology. Professor Sawyer told Westerns administrators and testified in his deposition that his students
told him they would never have made it through Sawyers theology courses without Randys help. Randy is a
natural leader and teacher. He comes from a family of teachers with advanced degrees for both secondary and
college level teaching.

Randy was far from the traditional student applying for enrollment at Western. Western caters to students
who, more likely than not, are already involved in some sort of ministry or are wannabe leaders/ counselors. They
think God led them to the school. These are people who swear getting a speeding ticket is Gods saying slow
down. Randys worldview was distinctly different from that of his peer group at Westernhe did not drink the
Kool-Aid of evangelicalism nor does he buy into the anti-intellectual American evangelicalism hype. However,
Randy did have one major thing in common with other studentsa strong desire to be married and have kids.
Actually, Randy desired to become the father he did not have and he wished he had, by redeeming his own
childhood through the experience of raising his own children.

Being an engineer, it seemed logical to venture out to the World Wide Web to see what was out there. With
one out of five relationships starting through the Internet, in 2001 it was the Wild West. It was there on the Internet
that Randy met Debbie Brumbaugh, who trolled online dating groups for men; targeting those in ministry, according
to Debbiebecause God had called her to be a pastors wife.

It was common at Western Seminary for single students who were entering ministry to have sex, and they
still graduated. That was the historical business practice of this so-called religious school. Administrators knew
about the sex and sometimes people referred to Western Seminary as the sexual seminary. Through litigation
discovery and tips, uncovered information surfaced that some of Westerns students smoked pot, went to dances,
and got drunk to excess contrary to the Baptist polity. Basically, students who attended where actually not much
different than those the students claimed to be leading.

In reality, Western was not much different from any other postgraduate school. The only difference was
that Western Seminary was more interested in the appearance of godliness, while school officials downplayed what
was really happening. Lying to the community about how moral the school was and keeping up appearances seemed
more important to Westerns administrators, who advertised the school as Real and Rooted.

In December 2001, Brumbaugh had already determined before she had ever met Randy that he was Gods
will for her life - her future husband. Randy would note when God revealed this to Brumbaugh, did God have a
deep voice like James Earl Jones? This is CNN This is God. Never the less, Brumbaugh believed God had
called her to be a pastors wife since 19, and focused her interests in men that where in ministry or those connected
somehow to the church. Brumbaugh at 30+ years old, lived with her father and a bunch of cats in an apartment in
Apple Valley, CA. By the time Brumbaugh met Randy, she had a past with men, including her once youth pastor
Steven Stone, which depending on who she is talking to, differs as to the sexual level they achieved together.

Through a series of events, Brumbaugh would come visit Randy and they had sex. Further, Brumbaugh
would then claim she was pregnant, she had non-consensual sex (non-consensual sex: sex prior to getting married, if
you were going to get married and then break up) and the numbers of times would fluctuate over the years, until
finally claiming under oath that she never told Western that Randy had raped her. The police were never involved
they actually have real problems to deal with. There was no investigation by the school; even well into litigation,
the school never investigated as testified. Western destroyed or hid materials from Randy they understood Randy
should have. In fact the ringleader Lynn Ruark, pronounced Randy as already guilty prior to April 2, 2002 because
the real aim was to railroad Randy at all cost. It was understood early on that Western had violated various policies
and procedures within their own writings, as well as federal and state laws. In other cases of similar nature, schools
SF 95 Report Executive Summary
Version 1.3 Printed: 9/6/11 3
were found at fault and not only ordered to fix the damage, and reinstate the cleared student. Western had other
plans for Randy.

Prior to meeting Brumbaugh, Randy was Rev. Dr. M. James Sawyers graduate assistant for both the Church
History and Theology courses at Western Seminary. Randys job included, among other things, grading and tracking
masters-level student assignments and tests. Randy coordinated with students concerning deadlines for their
submissions and reported back to Professor Sawyer. One of the students Randy graded fell way behind in his course
work. That student, Matthew Tuck, is the adult son of Gary Tuck, Westerns academic coordinator and an instructor
at Westerns San Jose campus. Although M. Tuck had time to grade and teach Greek courses in which Randy was
enrolled and his father was assigned and paid to teach, M. Tuck continued to fall farther and farther behind in his
work for CHS 501. In essence, M. Tuck was robbing Peter to pay Paul.

As an employee of Western Seminary who assessed the academic work of students, Randy received no
information (either written or verbal) regarding procedures for making appropriate Section 504 academic
adjustments to accommodate any learning-disabled students who Randy graded. Procedures required by Section 504
for special-needs students were never discussed with Randy, and he received no training from any Western
Seminary administrator or instructor concerning Section 504 requirements. No one met with Randy at any time
during the fall 2001 semester to talk about accommodating any purportedly disabled student in any class Randy
graded. There were no Section 504 student placement accommodations or forms, and no evaluations by medical
professionals were required. Western Seminary produced no evidence of Section 504 programming, and a Section
504 coordinator was never named in response to subpoenas or testimony during eight years of litigation. It was later
discovered in 2010 that the Office for Civil Rights materials responsive to Randys FOIA request demonstrated that
Western Seminary and its staff members lied to the OCR during a federal investigation in 2005. Western claimed it
had a Section 504 program, coordinator and documents for at least five years, while backdating documents by two
years with federal inspector statements made in 2005. Such acts are considered a felony in CA (CA Penal Code
132, 134)

It would be learned over the years that G. Tuck has problems with people being critical of him and his work.
A Dallas Theology Seminary graduate (which some understand what this means), G. Tuck gave the impression that
he knew everything and if you did not line up with his view of the world, you were wrong. Obviously, Randy and G.
Tuck never got along because Randy thinks for himself, would not turn something in just because some instructor
claimed it was true. Simply put, Randy did not buy into the American evangelicalism formula for life and

From 1999 onward, G. Tuck made it very clear that he disliked Randy including his unprofessional verbal
insults of Randy in front of other students that were intended to humiliate or embarrass Randy. Randys gift in
return to Tuck upon his last class in Dec 2001 was a box of red pens, to highlight how much Tuck disliked Randy.

So while G. Tuck road Randy as some sort of inferior Christian/student/human, G. Tuck and his wife Lynne
asked Professor Sawyer to alter M. Tucks test and homework deadlines to help their disabled student son, which
Randy graded.

No one proved that M. Tuck was disabled. There was no school involvement, no documentation, and no
evaluation of M. Tuck by any medical professionals provided to Professor Sawyer or Westerns administration
purporting that M. Tuck qualified as disabled. M. Tuck registered normally, just as any other Western Seminary
student would, and he filed no forms requesting disability accommodation. In short, while there was no Section 504
program or coordinator at Western, if there had been, those who knew about it and had administrative authority did
not follow any Section 504 policies or procedures regardless if Western did or didnt have them. In October 2005,
under oath and during discovery, Lynn Ruark testified that Western Seminary never had a Section 504 program,
files, or forms, which meant that M. Tuck received treatment that he never proved he needed and to which the
school never investigated. M. Tucks habitual tardiness and unacceptable work was simply excused, while other
students either made the deadlines or had their work downgraded for being late.

Of course, Randy expressed his concerns regarding M. Tuck to Professor Sawyer long before Randy met
Brumbaugh. Randy was retaliated against, after he had questioned the special grading favors given to M. Tuck in
2001 that discriminated against all other students, including Randy. This started by the two people who disliked
Executive Summary SF 95 Report
Printed: 9/6/11 Version 1.3 4
Randy to begin with Steve Korch and G. Tuck (remember those names). Randy was not part of the student
groupies that worshiped Steve Korch and G. Tuck.

Meanwhile in late December 2001/January 2002, Brumbaugh visited Randy, which would start a chain of
events that continues today.

Randy sought input from several people as to the fitness of Brumbaugh and a relationship with her. No one
liked Brumbaugh and warned Randy of such. except of course Korch. After Randy had broken things off with
Brumbaugh, Brumbaugh turned on Randy and made various claims against him. In one case she claimed that she
was pregnant, when in fact she was not. At other times, she would plead with Randy to marry her and claim that
God said Randy had to. She went through Randys list of friends, places Randy went and preceded to defame
Randy in an effort to cause Randy more problems, including telling Randys friends that Randy was a sex addict
for example. Then, in June 2010, Brumbaugh stated under penalty of perjury with a Notary Public she never directly
or indirectly told Western that Randy raped her, after having previously testifying to have done so.

Willard Brumbaugh, had concerns with how his daughter was going about things. W. Brumbaugh admitted
his daughter was impatient and single-minded about what she wanted. He promised to guide his daughter to slow
down, and stated he hoped her aggression didnt work against her. W. Brumbaugh recommended that Brumbaugh
only move to Santa Cruz if she got a job and could support herself. But Brumbaugh aggressively revolted against
her fathers counsel God, you see, had spoken. Eight years later in June 2010, Brumbaugh would write a note to
Randys mother that accompanied her perjured notarized statement concerning her own testimony. Brumbaugh
stated, Now I understand I was too strong of a personality for Randy.

But in 2002, Brumbaugh was seeking every possible way to destroy Randy. Thankfully, there was Western
Seminary, which had a power and control centered culture. Brumbaughs aggressive harassment offered a timely
opportunity to Western; Steve Korch and G Tuck were willing actors.

Leveraging something on someone is commonplace and the dysfunctional way Western does business.
Manipulation is another key attribute of their culture. At this point Randy had already learned about how Western
had treated Professor Sawyer when they threw away his academic records and research months earlier and their
threats against him from doing anything about it.

Randy wanted out of the Western hellhole and only had weeks before he would graduate. But Brumbaugh
sought to destroy every aspect of Randys life because he refused to go along with Gods plans for their lives.
Brumbaugh and Western proceeded against Randy in the Winter of 2002 and Randys life would never be the same.

Brumbaugh was told by Korch to come up with a statement, which was later sent to Ruark. The only one
who had a statement was Ruark. Randy would never see this statement and Ruark, Rob Wiggins and Korch would
all discuss that Randy had a right to see anything used against him, but instead chose to not provide it to Randy or
enter it into Randys educational records.

Western held a Student Development Committee during a time that Randy actually had a class. No effort
was made to have a meeting at any other time or in San Jose where all of this took place. Randy would be the
student in the history of Western to be judged for having sex out of marriage, while all others graduated. Unlike any
other student in the history of the school, Randy would never be allowed to graduate until he passed some sort of
counseling that involved Westerns retooling Randy into a proper Christian like Lynn Ruark, Rob Wiggins, Randy
Roberts, Bert Downs, Gary Tuck and of course Steve Korch (remember these names).

Because Randy had already knew that what Western was doing and had violated Randys rights, Randy
refused to take part in what Randy called at the time a witch hunt. Randys fate was already sealed prior to the
meeting as indicated by Ruarks statements. But Ruark did not stop there. Ruark then proceeded to tell the whole
school of what Randy had done to get their input as to what to do with Randy. While Professor Sawyer warned the
school as to what it was doing was wrong, Western had already determined Randys life long fate and it was not
going to stop until it had dealt with the troublemaker Randy Chapel and destroy him.

SF 95 Report Executive Summary
Version 1.3 Printed: 9/6/11 5
This hurt Randy to the core and Randy became very depressed over the spring and summer of 2002.
Randys mother became worried and attempted to reach her adult son, who had become non-responsive. She would
even contact the school, where Rob Wiggins would violate FERPA and tell Randys mother about what the school
had done to her adult son.

As it would seem, Karma has a way of visiting those who do evil.

Eleven days after Korch and others had proceeded to damage Randy and remove him from the school,
Korch would get a message from Jane Doe.
In those emails Korch and Jane Doe
would revisit a period of time in
which the 25 year old, youth pastor, married man who had committed acts of sexual misconduct with the underage
girl in his office. He fingered her, kissed her and after he exposed his erect penis to her, he placed it against her.
According to documents Jane Doe filed in court in 2008, the Prosecuting Attorney wanted to criminally charge
Korch, but Jane Does parents were afraid Jane could not survive the stress because she was suicidal. That case was
dropped until 2005, when once again, as Karma has a way of visiting those who do evil, Doe discovered there was a
pending lawsuit against Korch and others posted on a website named
Jane then
contacted Randy, and she became friends with both Randy and his mother, Carol.

The underlying lawsuit was filed in 2003 and served after a FERPA request had been made to the school.
This FERPA request would later show that the doctored Brumbaugh statement was not an educational record. No
one in the history of the school had sued before and according to the theology of the school, suits between Christians
were not biblical. To deal with this, Randy would be cast as someone that was not acting Christ-like, a worker of
evil, a non-Jew against the Israel school - according to President Bert Downs who cast himself as a prophet figure
leading the Israel school in a school wide statement in 2005.

Randy is of course, Jewish.

Over three hundred and fifty thousand dollars would be spent on litigation to undo the damage Western had
done to Randy and to allow Randy to finish his education, which Brumbaugh and Western sought to destroy at all
costs. This is how much Randy wanted his education and the rights to his academic efforts.

During this time a lot of things would be learned about the school. The two most blaring were the Korch
sexual misconduct with the under aged girl in his office that he had spent a life-time attempting to cover up -- Korch
lording how spiritual he was, while claiming others, such as Randy were not spiritual enough or not remorseful
for sin. The other was the G. Tuck cover up of this son M. Tuck. People started branding the school and various
people at the school as hypocrites.

Originally, the case was set for trial in fall of 2005, but Ruark had problems with his rectum days before
trial. It is now known due to the 2010 FOIA to the OCR that at that very time, Ruark could not control his bowels
due to the OCR investigation in which he and others had knowingly lied to retain federal aid and avoid criminal
problems which dated all the way back to M. Tuck in 2001.

As a result of Ruark, trial would later be moved to March 2006. However, things continued to get out of
control, including several threats by Western Seminary and their attorneys (Andrew Adler/Ellen Hung) against
Randy. Adler threatened Randy would be thrown off campus and the police would be called against Randy for
criminal trespass should Randy return to campus. This was after Randy had gone to Portlands campus to get
evidence that Rob Wiggins and Lynn Ruark entered false educational records during their depositions under penalty
of perjury, and they entered those false records to be used at trial.

Moreover, due to the attitudes of Western Seminary and their attorneys, Len Sprinkles wrote an email to
Randy stating the position that even if Randy won the underlying lawsuit, Western would never allow Randy finish
his degrees. Because of the realistic threats against Randy, William Dresser contacted Charles Willard of ATS, who
became involved in attempting to find a way to resolve education without being on campus just as Westerns threats
demanded. By March 2006, both Western and Charles Willard made various claims regarding degree and contract
provisions. None turned out to be true. For years later, Western denied they had any involvement with ATS during
mediation, except for President Bert Downs testimony, Western and ATS continued to cover up.

Executive Summary SF 95 Report
Printed: 9/6/11 Version 1.3 6
Meanwhile, Randy increasingly became more and more unglued due to the on-going threats and actions
against him. Dr. Gregory Katz, a psychologist licensed in California, evaluated Randy, and noted that Randy really
needed the on-going conflict resolved as soon as possible.

Western had other plans.

The settlement agreement for Chapel v Western Seminary, et al was signed on March 14, 2006, and that
was the basis for a whole new round of litigation, and this time Western was determined to destroy Randy at all
costs. Korch was represented by Linda McPharlin, who aggressively controlled negotiations and made threatening
demands for Korch to be paid $25,000 from any consideration Randy would receive. Korch denies this and also
does not know where he got the $25,000. The Defendants included Carol Nye-Wilson in the settlement agreement
because she picketed the school about child molestations by Korch and had helped her son.

After hundreds of thousand of dollars spent on more litigation and discovery, evidence surfaced about
further fraud that came to light concerning Western Seminary, ATS, NWCCU and the U.S. Department of
Education involving the Spellings administration. Everyone sought to protect each other against Randy, even if it
meant violating federal and state laws as well as decisional law. The Spellings administration would work to block
and disrupt litigation. Western Seminary would manipulate and lie to everyone. Everyone was hell bent to ensure
Randy be left to die; broken; beaten; destroyed at all cost.

These tortuous acts continue with the Duncan administration and with the knowledge of U.S. Attorney
General Eric Holder and President Obama.

During this second round of litigation that began in March 2007, another student, Kevin Ford, came
forward after having also been damaged by Western and others, concerning G. Tucks school schedules that
prevented Kevin and other students from having full benefits of the education they paid for. One of Kevins
mentoring courses required him to work on a real life church problem, and Kevins project included unethical acts
by Clark Crebar, among other issues. While shortchanging students of contact teaching hours had been going on for
years, just as in the case of Randy, Western sought to eviscerate Kevin Ford for his complaints. Kevin and his wife
had left Crebars church and moved on to a new church and mentor for Kevins class requirement. Crebar
complained to Western about Kevin leaving his church just as Brumbaugh complained about Randy rejecting her.
Both cases involved deceptive student committee hearings that omitted supporting evidence favoring the students
in Kevins case, his mentors statements were omitted by Ruark, and in Randys case Sawyers supporting
statements were omitted. Western demanded Kevin return to Crebars church and they took Crebars criticisms
against Kevin with no supporting evidence in spite of the ECC Headquarters letter stating Crebar had no authority
over Kevin. In both cases no investigations occurred about dishonest claims against Randy and Kevin. Both students
became clinically depressed and suicidal as a result of Western Seminarys abuse.

Eviscerating anyone who gets in their way is what Western Seminary does, and it is likely that it is going to
push a student over the edge. ATS has a policy for informing potential students and their families concerning
problem schools but ATS remains silent to this day about the many unethical actions by Western Seminary. The
logical conclusion about why ATS continues to conceal Westerns violations of its own policies and state and
federal laws as they abuse students is because ATS has an incestuous relationship with Western Seminary - this
according to Chuck Mula, investigator, U.S. Department of Education.

Because of what is going on, in 2008, there was a potential for people dying due to Western Seminarys
dishonest administrators. Kevin begged Bert Downs and others to do what was rightand to accept the December
2004 letter from ECC, and Downs refused to accept those material facts. Western Seminary endangers students and
staff members as a result of a few dishonest administrators who eviscerate anyone who gets in their way or exposes
their dishonesty. This is now out of control due to Accreditors and the government not enforcing accreditation
standards and policies or rule by law to correct Westerns behaviors that have willfully harmed students and their

While Kevin and Randy did not know each other at the time, Western knew both of them and demanded
that Randy agree not to help anyone else (i.e., Kevin Ford), or say anything to anyone as a means to control Randy
and to retain the education that Randy had already earned in order to manipulate him. It was because Kevin Ford
SF 95 Report Executive Summary
Version 1.3 Printed: 9/6/11 7
performed a Google search and found the newspaper article written about Randys case, that the two students found
out about each other and the common maltreatment based on the outrages business practices of Western Seminary.

Due to the collusion between accreditors and the ongoing negligence by the Department, Randy endured
extreme torment and distress from Westerns unfair and unlawful actions. Finally, on Randys 44th birthday,
Western Seminary with the help of ATS, NWCCU, the Department of Education, and arbitrator Mathew Geyer set
out jointly to permanently damage Randys life.

The goals set out in 2002 against Randy have now been fulfilled. The U.S. Department of Education
appears to have done nothing to support federal laws or Randy who was left to die as a result of a culmination of
several corrupt entities: Western Seminary, ATS, NWCCU, and the AAEU/ ASL.

Randy has now lost everything as a result of the corrupt practices by Western Seminary, ATS and
NWCCU, three insurance companies and the ongoing negligence of duty and the malfeasance by the Spellings
administration. Randy has lost the couples house, and their possessions. Randys wife is divorcing him, and Randy
will not be able to see his only childhis sonas a result. Susan made it clear in her UK court filings that she is
divorcing Randy as a direct result of the legal case and the effects of it on Randy.

Last summer Randy nearly committed suicide.

Summary of Findings

As of this writing, Western Seminary et al, the Association of Theological Schools in America and Canada,
the Northwest Commission on Colleges and Universities, the U.S. Department of Education under the Spellings
Administration, and Matthew Geyer all contend that the MDiv, ThM and the Settlement Agreement all valid and
should be held out as such to the public. Hundreds of thousands of dollars in litigation costs have been racked up to
learn, discover and compile some of the following material findings:

Western Seminary, Lynn Ruark, Rob Wiggins, Randy Roberts, Bert Downs, and the Board made
intentional misrepresentations to the Office for Civil rights regarding the schools compliance with Section
504 during the investigation of 2005 (18 U.S.C. 1001)
and use the Settlement Agreement as a means to
gag Randy Chapel and Carol Nye-Wilson from ever exchanging information with the Department or filing
complaints. The Department is aware of this, and has taken the position that schools can gag
whistleblowers from coming forward.

Western Seminary, Lynn Ruark, Rob Wiggins, Randy Roberts, Bert Downs, and the Board agreed to
backdated materials to be produced during an investigation by the Office for Civil rights regarding the
schools compliance with Section 504. Backdating records during an investigation and producing them as
genuine is considered a felony in Ca. The Department is aware of this, and has taken the position that
schools can gag whistleblowers from coming forward concerning such information.

Should Randy or Carol say anything about what they know, they are to pay Western Seminary et al
$10,000 per defendant, per instance in liquidated damages. Use of Settlement Agreements in such ways is
against what the People want in California. (See People v. Corinthian Schools, Inc. Los Angeles County
Superior Court Case No. BC374999).

According to the Department as of March 2011, Western Seminary continues to receive federal funds
through the student loan program uninterrupted.

Western Seminary, Rob Wiggins, Randy Roberts, Steve Korch, Lynn Ruark, Gary Tuck, Bert Downs with
Jonathan Radmacher (Oregon Bar No. 924314), Linda McPharlin (SB No. 71917), Ellen Hung (SB No.
216821), Andrew Adler (SB No. 56415) and retired Superior Court Judge Sprinkles concocted an
agreement that Korch would receive $25,000 and avoid paying taxes to the U.S. Treasury (Money
Laundering 18 U.S.C. 1956, 1957). Discovery showed a pattern of cover up with various claims as to the
real nature and how the money ended up in the hands of Korch.
Executive Summary SF 95 Report
Printed: 9/6/11 Version 1.3 8

U.S. Department of Education knew about Korch avoiding taxes to the U.S. Treasury and CA FTB in 2008
and looked the other way. Assistant United States Attorney Harry Yee, learned about this during Carols
FOIA case in March 2009. The Department contends that education can be earned by gagging people with
knowledge so that the IRS and CA FTB doesnt learn of what is really going on.

Intentional misrepresentations (18 U.S.C. 1001) by NWCCU were made regarding their investigation
to the AAEU/ASL of the U.S. Department of Education in 2008. The ASLs Nancy C. Regan used "false,
fictitious or fraudulent statements or representations" by Sandra Elman as a basis for her letters, which
then became a basis for the Cheryl Oldham letter. The ThM validity is therefore based on "false, fictitious
or fraudulent statements or representations. The Department is aware of this and continues to this day to
support such position.

It would later be learned through an FOIA, that the Department (Chuck Mula, et al) was actually involved
in the procurement of the so-called NWCCU investigation statements to be used against Randy and
Carol. This was actually learned through litigation against the Department in a FOIA case by Carol Nye-
Wilson and to which the Department was intentionally keeping materials from Randy and Carol.

Testimony evidence demonstrated perjury, collusion and cover up by former Western Seminary President
Bert Downs regarding the involvement of ATS in the unapproved substantive changes to master degree
programs to help the school (18 U.S.C. 1621; 28 U.S.C. 1746). The Department, which has known
about the collusion since at least 2006, looks the other way.

Western Seminary, Steve Korch, Lynn Ruark, Gary Tuck, Bert Downs with the help of Sam Phillips (SB
No. 127793), Tom Hadley (SB No. 102716) and Anthony Lauria (SB No. 125367) would proceed to cover
up ATS involvement and jury-rig a new reality of events to cover ATS involvement in the settlement of
March 2006. Again, the Department, which has known about the collusion, looks the other way.

The Spellings administration concealed two accreditors noncompliance with 34 CFR 602.22, 34 CFR
602.15 and thus 34 CFR 602.20 because it was actually the Spellings administration who was negligent
in its duty overseeing the accreditation agencies in the first instance. It was due to these and other issues
that the whole exception claim evolved for the school.

Steve Korch who was 25 years old, married, attending college and working as a youth pastor committed
acts of sexual misconduct with his fingers, mouth and penis on an underage girl in his office, when he was
providing one on one counseling in 1975. This is not disputed.

Although an appellate court determined settlement agreements covering up sexual misconduct violate
public policy (see Mary R. v. B. & R. Corp., 149 Cal. App. 3d 308 (1983)),
the Spellings administration in
2008, subsequently rubber-stamped Westerns demand that Divinity and Theology masters degrees cannot
be earned unless known criminal acts of sexual misconduct are concealed with the payoff of charitable
donations to a child molester to avoid taxes. This puts earning degrees as the only way to cover for Steve
Korch directly against the appellate courts decision. Westerns and Korchs actions where brought to the
attention of ATS, and ATS would careless.

Western Seminary, Steve Korch, Lynn Ruark, Gary Tuck with the help of Sam Phillips (SB No. 127793),
Mark Shem (SB No. 152860) and Anthony Lauria (SB No. 125367) attempted to cover up Korchs acts and
his statements at an Oregon mens retreat and were fined $1925 (CCP 128.7) by the court when they also
claimed that such acts were clearly accepted in other countries.

Western Seminary, Steve Korch, Lynn Ruark, Gary Tuck with the help of Sam Phillips (SB No. 127793),
Tom Hadley (SB No. 102716) and Anthony Lauria (SB No. 125367) contend that the sexual misconduct of
Steve Korch has nothing to do with any aspect of any of Randys civil litigation or Carols and continue to
demand that both Randy and Carol remain gagged from saying anything in contrast to Mary R. v. B. & R.
Corp., 149 Cal. App. 3d 308 (1983). Randy must remain gagged to receive an education.

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Federal and State laws and decisional case law are routinely disregarded by the ASL/AAEU (under the
Spellings administration) in favor of statements made by Western Seminary, accreditation agencies and
Matthew Geyer.

Western Seminary, Steve Korch, Lynn Ruark, Gary Tuck, Bert Downs and the board gagged Randy and his
mother to prevent Randy and his mother from notifying the government about the schools further criminal
enterprises. Spellings administration knew about this gagging, continued to offer federal money to Western
and looked the other way.

Western Seminary, Steve Korch, Lynn Ruark, Gary Tuck, Bert Downs, Dan Britts and the board willfully
violated of FERPA (20 U.S.C. 1232g; 34 CFR Part 99) on several occasions.

Western Seminary, Steve Korch, Lynn Ruark, Gary Tuck, Bert Downs (officer of Western Seminary in
2006), President Randy Roberts, Educational Expert Rob Wiggins and the board agree with Matthew Geyer
that students who have never been investigated regarding discipline issues, never been investigated
regarding a so-called crime, never had the police involved regarding a so-called crime, never been
disciplined on any so-call crime, no discipline allegation or outcome conclusion is referenced concerning
any so-call crime, and even people at the school just dont believe the womans claims of a so-called
crime; in spite of these points, schools shall have and can invoke policies and procedures to release
non-educational records/student information to anyone, UNLESS the adult student (and his family
member) signs some sort of release causing the school to not release such information and gag the school
from doing so, otherwise schools can release information, that in this case concerns a purported crime of
violence (i.e. rape) that no one performed a disciplinary proceeding concerning or investigated.
Furthermore, should the student or family member say anything or complain to the government, that
student and/or family member will be caused to pay liquated damages of $10,000 per occurrence back to
the school and other defendants; the student can have his education and previous educational credits striped
from him, among other things. Finally, while the Department contends to the U.S. Supreme Court that it is
the only correct authority to make determinations regarding FERPA, Schools can invoke exceptions to
FERPA that supersede Department authority, Federal law and to which is granted only to the Department
by Congress or simply to have policies to release non-educational materials as they see fit.

According to the positions taken by Matthew Geyer, ATS, NWCCU and the Department, Schools have the
power to overcome federal laws; state laws; state constitutions; the U.S. Constitution, the Bill of Rights;
accreditation standards and decisional cases. In short, schools can execute more power than the federal
government at any time, to any student or non-student without fear of any legal restraints or considerations.
While the people and courts in California find such position repugnant, the federal government will protect
Western Seminary, ATS, and NWCCU with public money at all costs to force this condition. Thus, all
schools nationwide can invoke exceptions at any time, making them more powerful than the government
itself. Even ATS as recently as March 2011 has created accreditation standards ensuring this is the case
with the support of the government and to the direct detriment of students and 3
parties across the nation.
While this started with the Spellings administration, this has been maintained by the Obama, Holder and
Duncan administration combined, making this the new national policy affecting all Americans.

Western Seminary, Steve Korch, Lynn Ruark, Gary Tuck, Bert Downs and the board used Jonathan
Radmacher (Oregon Bar No. 924314), Linda McPharlin (SB No. 71917), Ellen Hung (SB No. 216821),
Andrew Adler (SB No. 56415), Sam Phillips (SB No. 127793), Tom Hadley (SB No. 102716) and Anthony
Lauria (SB No. 125367) to commit their acts against Randy Chapel, his mother and Randys family.
California Rules of Professional Conduct, Rule 3-200 A member shall not seek, accept, or continue
employment if the member knows or should know that the objective of such employment is: (A) To bring
an action, conduct a defense, assert a position in litigation, or take an appeal, without probable cause and
for the purpose of harassing or maliciously injuring any person As well as Rule 3-210 A member shall
not advise the violation of any law, rule, or ruling of a tribunal are operative here.

As of this writing, the U.S. Department of Education had provided no statement to Randy reversing any
aspect of the above. The Department actually wants Randy to suffer.

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Religious Rhetoric and Using Intentional Infliction of Emotional Distress as a Weapon
Against Those who Oppose the Group

In the following document, the U.S. Department of Education is being confronted with a problem that it
both created, due to acts and omissions on the part of the U.S. Department of Education and because it was
manipulated, lied to, and had false and misleading materials presented to it as valid. From the standpoint of the law,
it both stands for and sets limits of our nations tolerance; what WE THE PEOPLE accept in our society. Behavior
that is legally wrong by definition is conduct that we as Americans will not tolerate. With regard to the law of torts,
our sociality uses such laws, as a powerful weapon to suppress what society will not tolerate. To this end, Westerns
use of Intentional Infliction of Emotional Distress would have allowed Randy in the underlying case and 2
case to
recover for intangible harm to the emotional injury suffered by the acts of the defendants intentional extreme,
outrageous and utterly intolerable conduct in our American civilized society.
Thus this tort is reflective of
society WE THE PEOPLEs view of what is right and just juxtaposed to what is not and unacceptable based on
common-sense standards of social tolerance and decency.

To that end, limits on damages available to tort are ill defined; while general damages are available as
compensation yet not measured by actual pecuniary loss.
Punitive damages, which are not available in a Federal
Tort Claims Act case, would have been available when Intentional Infliction of Emotional Distress has been
established Westerns conduct as extreme and outrageous.
Western avoided that with the sham settlement
agreement and then with the help of ATS, NWCCU and the Department who they manipulated to help it.

On the one hand, the IIED can be seen as taking a rather negative, even bigoted turn against religion based
on some allegedly outrageous and intolerable conduct that the group may have undertaken against Randy
surely Western manipulated that. Triers of fact find themselves are increasingly placed into situations that blur the
lines between allegedly outrageous conduct. Reported cases fall into normally three piles: Suits attacking religious
indoctrination methods;
suits attacking religious discipline methods;
and suits alleging outrageous spiritual

In this case, Randy has intentionally gone through parts of the underlying case for the reasons as stated
above, since Western has used religious rhetoric as a means to conduct and deploy their goals against others, while
manipulating the weak mind at the governmental level. Partly to provide the historical foundation based on
testimony and materials facts which are not disputed and to which Western Seminary wants covered up so that the
government does not learn of what was really going on. Thus, the U.S. Departments actions over the course of the
last six years (2005-2011) has been one in which Western Seminary skillfully manipulated, but also due to the
inherent problems in the Department during that time. Besides the internal problems with in the Department and
keenly within the Accreditation and State Liaison unit at the time, the Department was ran by people, who tended to
be conservative in nature, tended to be more right in politics and religious affiliations. They saw a small;
Christian accredited postsecondary seminary with a good reputation, being attacked by a _____fill in the
blank_______ student and his mother. As is often the case, impressions were made, maintained, skillfully
manipulated and enforced regardless of fact or evidence. This nearly killed Randy as a result.

Humans are susceptible, but that is not an excuse. Reading words like teacher, use car salesman,
librarian, and police officer carry with them both images as well as internalized messages we hold in us based
on meanings derived from our society. The word seminary or Christian is no exception. Western and their
attorneys, marginalized Randy Chapel and his mother, Carol Nye-Wilson, skillfully manipulated the perception our
society gives to a small; Christian accredited postsecondary seminary with a good reputation, being attacked by a
_____fill in the blank_______ student and his mother. The Spellings administration, which rode into Washington
on the conservative ticket, fell for this manipulation.

This case has set standards which when the national body becomes more aware of, will likely find it to be
socially unreasonable.
Part of this FTCA claim is to rectify this, since sociably intolerable conduct has been
encouraged by the skillfully manipulation of Western and their attorneys, rather than deterred by government. More
over, Randy has been repeatedly denied punitive and double damages as a result of both seeking above all things his
education and then being blocked in his attempts to seek justice in his second lawsuit. To that end, the Spellings
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administration not only screwed over Randys education and enabled damages that cannot be undone but Randy
cannot be made whole again.

Outrageous and Utterly Intolerable Conduct Encouraged

Degree granting is a secular activity that is inherently the province of Caesar.
Western has twisted this
into a different meaning over time due to the need to manipulate the audience into thinking that Western is actually a
religious school. Western is actually not a religious school; it has no waivers required to be a religious school, it has
no waivers to not follow the law and a religious group does not own it. The Master of Divinity and Master of
Theology are aptly sectarian degrees offered by a sectarian postsecondary school that just happens to teach about
theology that claims to involve Christianity.

While Western does tend to provide instruction that relates to somewhat Christian thinking, it does not
allow all those who claim to be Christians to attend. This is actually not done on religious reasons; Western
discourages Mormons from attending as a subterfuge because of their beliefs, while allowing Oneness
Pentecostals to attend in spite of their beliefs.
The difference here is that, while Oneness Pentecostals hold to
beliefs considered heresies to historical Christianity, they struck a monetary deal to send students to Western San
Jose to earn degrees. Money, it seems, is a universal lubricant to get things done, buy influence and power a point
Washington knows all to well.

This is what really goes on at Western Seminary. They actually dont want the public, their donors and the
mainline churches to learn about these business practices. To do what they have done to Randy Chapel, his family,
Kevin Ford, his family, instructors and others, is simply Western Seminarys standard business practice a business
practice they want shielded from the public and most of all from the government.

While such influencing with money may shock some, American had a history of various groups who felt at
the time that what they were doing was correct and should be considered the only way to do business. In Body of
Liberties of the Massachusetts Collonie in New England 1641 there was a group who believed at the time that it
should be a capital offence to worship any other god, but the lord god,
or to commit blasphemy,
guaranteed religious freedom only to those orthodox in Judgment, and not scandalous in life, provided that they
conduct themselves in a Christian way, with due observation of the rules of Christ revealed in his word.

Western is actually no different. Western believes that they are above federal and state laws and decisional
court cases. They craft their speech and couch their terms in religious rhetoric and censure those who actually can
see through it.

As documented in these materials, according to Western and their attorneys, sexual misconduct between a
married adult pastor and a child should be acceptable behavior in California, just as it is in other countries. Sex
outside marriage is also considered acceptable behavior, and as a sectarian school, the school has a history of
noninterference with such acts while students are routinely graduated. However, if you challenge and think for
yourself; if you question authority and refuse to drink the Kool-Aid of evangelicalism you are to be shunned as an

Clever wording only masks the true meaning and intent for so long. While it is important in America to
value tolerating differing viewpoints, boundaries for outrageous and antisocial conduct should not be ignored, as has
become the case here. In this context, the government has basically acted as an enabler to Westerns destructive and
obsessive need to eviscerate Randy at all costs and for that reason, it should pay.


Up to this point Google, Bing, Yahoo, etc link this case with Western and Spellings. The public views the
educational fraud of this case as a Western or Spellings thing at this point. As this continues and is fought over,
this will become an Obama/Holder/Duncan problem. It will be Obama/Holder/Duncan funding the cover-up.

Spellings has shown that:
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1. Mediation privilege can be utilized to cover up fraud and unlawfulness and the government has no problem
with it, and the government will use tax money to support those who committed the fraud and law
violations against the whistleblower;

2. Two masters degrees can only be earned by covering up and defrauding the U.S. Treasury and CA FTB of
tax on $25,000 secretly benefitting Steve Korch from the schools general fund of charitable donations,
student tuition and federal student loan funds. Korch helped solicit charitable donations. The Department
of Education has no authority over the Department of Treasury or IRC;

3. Schools can lie to the government during federal investigations and a students education can revoked and
his credits he previously earned can be taken away and the student can be forced to pay liquidated damages
back to the school for informing the government that the school has made false and misleading statements
during a federal investigation in order to gain federal student aid funds;

4. A student can only earn degrees if he does not file complaints and if he complies with a schools threats to
retaliate against the student by withholding grades, transcripts, and accumulated credits. Department of
Education, ATS, and NWCCU agree with settlement agreements that make these demands against students;

5. The appellate court has found that it is against public policy to gag people with knowledge of sexual
misconduct between an adult and a child. ATS requires schools to follow the law. Agreements cannot be
used to cover such knowledge up.
Spellings and ATS doesnt care what the court or law says;

6. The church that ordained Steve Korch asked him to step down due to the public nature of his acts of sexual
misconduct about which the school and its attorneys threatened the student to be silent, and ATS, NWCCU,
and the Department of Education have no problem with students being coerced and gagged to be silent as
the only way the student could earn his education;

7. It is perfectly acceptable for schools to demand and receive from a student and their families as the only
means for a student to earn an education, a misallocation of burden in a contract, such that the student loses
everything and the School and staff walk away free. Again, two accreditation agencies and Department of
Education see no problem with this and it should be encouraged to other schools;

8. Private accreditation agencies who receive funds by their member schools to exist can make public policy
decisions that favor their member schools over and against decided case authority of court, state and federal
law. Such decisions will be viewed by the government as superseding not only case authority of court,
state and federal law, but its responsibility to administrate public policy. E.g., the Department will espouse
public policy decisions by private accreditation agencies as binding, regardless if such decisions run against
decided case authority of court, state and federal law;

9. The OIG, OCR and FSA would careless if schools lie to the Department in order to receive federal money.
The Department will keep pumping money to the school and look the other way. ATS and NWCCU
support member schools that do this to the Department;

10. The Department of Education accepts the recommendations by accreditation agencies that in spite of the
non-disputed fact that Steve Korch who was 25 years old, married, attending Biola and working as a youth
pastor committed acts of sexual misconduct with his fingers, mouth and penis on an underage girl in his
locked office, when he was providing one-on-one counseling in 1975, and the court saying that you cannot
cover this up; however, Randy is unable to earn an education, recoup his 81 previously earn credits unless
he covers up Steve Korchs criminal acts accreditation agencies and the Department of Education are not
interested in how well Randy understands a language like Greek, they are only interested in how well he
covers for an inferior form of humanity, Section 504 fraud, educational fraud and a host of other things.

None of this has to do with religion or a religious belief. However, Western and their attorneys skillfully
manipulated everyone to make these the social standards and to that end, the Spellings administration sustained such
actions or simply looked the other way. Western has gone to every possible length to eviscerate Randy as the
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materials in this document relate various aspects of this case and even to the extent of the events concerning Kevin

As of this date, Western has gone unpunished for their actions. Laws meant to protect whistleblowers,
students and families have not been enforced. Western and their attorneys have never been caused to face not simply
punishment, but also to face the damages and injuries that they have caused others, and to pay; even to pay the
punitive/double damages sought and should have been received. Instead, Western has gagged people from coming
forward with knowledge and bound them, with the foolish help of the then Spellings administration to cause anyone
with knowledge to never file a complaint or say a word, on penalty of actually paying Western Seminary, Gary
Tuck, Steve Korch and Lynn Ruark $10,000 per occurrence, per person.

Skillfully, Western and their attorneys achieved this level of manipulation to actually cast themselves as
victims who should be compensated,
while the People of the State of California see such as outrageous and
antisocial conduct, the Spellings administration used taxpayer money supported this behavior.

While this is an FTCA case, it also provides a means for the Department to retain the role and delicate
balance to give due weight to societys interest in preserving order and rule of law. Jaycee Dugard
and Alan
know all to well what happens when the system fails and people suffer. This FTCA reviews what the
Department had in its possession, custody and control, as well as what was learned once the Department refused to
listen and the outcomes of those acts upon Randy which cannot be undone.

The last ten years have now become a case study in what works and what doesnt. It shows what can
happen when schools are left to their own devices and how they can harm and injure students and their families for
life. It also details problems within the Department, which can be and should be addressed administratively. It also
notes what others saw happening within the Department. How Department officials believe accreditation was the
tool to meet political agendas without the need of Congress writing new laws, which supported such actions. In so
doing, the schools such as Western Seminary under such agendas have more power than the government itself; more
power than Congress, because the school can waive any federal law; more power than the state, because the school
can waive any state law; more power than the courts, because the school can waive any decisional case and more
power than the accreditation agency itself, since the school doesnt have to follow the accreditation agencies own

Because the Spellings administration superseded its power as provided by Congress and has supported
Western Seminary superseding federal and state laws, decisional cases and accreditation policies; the Spellings
administration has evoked educational fraud at a national level and created complete anarchy. To this end, the
Spellings administration has committed the government to war against the people and this will end in tragedy.

The materials in this document are graphic. They are not meant to give the public what it wants, but to
instead have a conversation; to be transparent and to seek solutions administratively. In America we should be free
to inform our elected leaders of problems and concerns; to provide them with information and allow them to do their
jobs. Sometimes, employees of the government make errors and we should be able to have a constructive
conversation about these maters. Sometimes these errors cannot be fixed and payment for the damages and injuries
only makes the rest of the persons life somewhat tolerable.

That is the case here.

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The name of the woman is well known at this point, but because she is the victim of a crime when she was underage, this paper
will refer to her as Jane Doe. The Department is notified here that it would be consistent with policy and procedures to protect
her name at all times.
See and
Randy is aware that 18 U.S.C. 1001 provides for a fine of up to $10,000 or imprisonment for not more than five years, or
both, for making a "false, fictitious or fraudulent statement or representation" to a federal agency [18 U.S.C. 1001 (2000),
amended by Act of July 27 2006, 18 U.S.C.A. 1001 (West Supp. 2006)].
In Mary R. v. B. & R. Corp., 149 Cal. App. 3d 308 (1983), the Court of Appeal considered whether a stipulated confidentiality
order that was entered into in settlement of alitigation was against public policy. The confidentiality order (like the settlement
agreement Margret Spellings and her staff reviewed and claimed they have no problem with as a means to earn an education and
receive theology and divinity degrees) prevented the parties and their agents from discussing that a marriage and family
counselor between 1975 and 1976 had repeatedly sexually molested a minor. Id. at 313. The Court of Appeal found that the order
barred disclosure of a serious breach of professional conduct and serious criminal acts. Id. at 315. As such, it determined
that [t]he stipulated order of confidentiality is contrary to public policy, contrary to the ideal that full and impartial justice shall
be secured in every matter and designed to secrete the evidence in the case from the ... public ... Id. at 316. Because the contract
[was] made in violation of established public policy, the Court of Appeal struck the order of confidentiality. Id. at 317.
The facts of this case are almost identical to those in Mary R. in that the parties here likewise entered into a settlement contract
designed to cover up a defendants molestation of a child. As demonstrated by Mary R., the Agreement is repugnant to the public
interest. Indeed, the public interest militates even more strongly in this case than it did in Mary R. in favor of rescinding the
award and settlement agreement, since the award and settlement agreement not only covers up a defendants sexual abuse of a
child (and Section 504 fraud among other things), improperly interferes with Randys and Carols First Amendment right to
petition the government for redress of grievances, a right also protected by article I, section 3 of the California Constitution. See
Balboa Island Village Inn, Inc. v. Lemen, 40 Cal. 4th 1141, 1160 (2007) (finding an injunction was overbroad as it prevented
the plaintiff from presenting her grievances to government officials, and noting that [t]he right to petition the government for
redress of grievances is among the most precious of the liberties safeguarded by the Bill of Rights.).
Restatement (Second) of Torts 46(1) cmt. d (1965).
Dan B. Dobbs, Handbook of the Law of Remedies 3.9, at 205, 7.3, at 528-29 (1973).
Id. 7.3, at 530
Molko v. Holy Spirit Assn, 762 P.2d 46, 46, 49-51 (Cal. 1988). Group believes religion justifies lying to potential convert to
then isolate and convert claimant.
Paul v. Watchtower Bible & Tract Socy, 819 F.2d 875, 875-77 (9
Cir.), cert. denied, 484 U.S. 926 (1987). Watchtower
interpretation calls to shun claimant and denouncing her to others.
Nally v. Grace Community Church, 204 Cal. Rptr. 303 (Ct. App. 1984) (Nally I) (ordered not published by the California
Supreme Court), on remand, 240 Cal. Rptr. 215 (Ct. App. 1987) (Nally II), revd on other grounds, 763 P.2d 948 (Ca. 1988), cert.
denied, 490 U.S. 1007 (1989). Pastor engages in counseling of parishioner who commits suicide, family of decedent sues
claiming suicide was portrayed as a religiously acceptable alternative for a person with an unhappy life.
W. Page Keeton et al., Prosser and Keeton on the Law of Torts, supra note 20, 1, at 6. (5
ed. 1984)
See New Jersey State Board of Higher Education v. Board of Directors of Shelton College, 90 N.J. 470, 448 A.2d 988 (1982).
The Body of Liberties of the Massachusetts Collonie in New England para. 94, No. 1, reprinted in Founders Constitution,
supra note 86, at 46, 47.
Id. Para. 94, No. 3
Id. Para. 95, No. 1
Mary R. v. B. & R. Corp., 149 Cal. App. 3d 308 (1983) The stipulated
order of confidentiality is contrary to public policy, contrary to the ideal that full and impartial justice shall be secured in every
matter and designed to secrete the evidence in the case from the very public agency charged with the responsibility of policing
the medical profession. We believe it clearly improper, even on stipulation of the parties, for the court to issue an order designed
not to preserve the integrity and efficiency of the administration of justice (cf. Younger v. Smith (1973) 30 Cal. App.3d 138 [106
Cal. Rptr. 225]), but to subvert public policy by shielding the doctor from governmental investigation designed to protect the
public from misconduct within the medical profession, and which may disclose a professional license of this state was used to
establish a relationship which subjected a juvenile patient to criminal conduct. Such a stipulation is against public policy, similar
to an agreement to conceal judicial proceedings and to obstruct justice. (Maryland C. Co. v. Fidelity, etc. Co. (1925) 71 Cal. App.
492, 499 [236 P. 210].) Moreover, in light of the statutory obligation 317*317 of Division to investigate and regulate the medical
profession, "a law established for a public reason cannot be waived or circumvented by a private act or agreement." (Covino v.
Governing Board (1977) 76 Cal. App.3d 314, 322 [142 Cal. Rptr. 812]; Civ. Code, 3513; see Bianco v. Superior Court (1968)
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265 Cal. App.2d 126, 130-131 [71 Cal. Rptr. 322]; Benane v. Internat. Harvester Co. (1956) 142 Cal. App.2d Supp. 874, 878
[299 P.2d 750].) Accordingly, since such a contract made in violation of established public policy will not be enforced (Bianco v.
Superior Court, supra, 265 Cal. App.2d 126, 131), it is improper for the court to sanction the parties' stipulation under the pain of
threatened contempt. In light of its overbreadth and its intended effect upon the investigation of Division, we strike the order of
confidentiality, stressing an enactment designed for the public welfare cannot be abridged by stipulation. (3 Cal.Jur.3d, Agreed
Case and Stipulations, 18, p. 270; see Wilson v. Wilson (1973) 45 Cal. 399, 405.)
I bet that someone thought naming an operation Fast and the Furious because they fancy Paul Walker, Vin Diesel was a
pretty cool thing, except for fundamental problems with the whole operation. In this case, the government has basically endorsed
educational fraud, Section 504 fraud, earning degrees that not simply violate public policy, but cover up publically known sexual
misconduct against a minor, among many other things. The Department doesnt know how many hundreds of thousands of
dollars it has used of the public money to cover for Korch and the rest of the parties over the years. This is not going to go over
well with the public and has the potential of becoming another huge government SCANDAL.
In Fords case, he under took Westerns counseling which drove him insane. He lost his will to live, his family and friends.
He was isolated and shunned even by his family until they met Randy Chapel and Carol Nye-Wilson. Then they realized that
the pattern of behavior that Western took against people was to Intentionally Inflict Emotional Distress using religious rhetoric.
Once informed that others had been screwed over by Western Seminary this drove Kevin Ford to the point of homicidal thoughts
against Western Seminary and to the point by late Summer of 2008, half of the defendants in Randy and Carols cases would
have been dead had Kevin acted on his homicidal thoughts. Instead, Kevin Ford checked himself into a clinic. He is now on
permanent disability. As of the fall of 2011, he noted his thoughts to Carol, which the Department has reviewed. Kevin has now
had to file for bankruptcy and continues to deal with the damage and injury inflicted upon him by Western et al as well as Clark
Crebar. The events and outcomes of Kevin Ford, mirror that to Randy and other students who are too scared to speak, less they
be impacted in the same way Kevin and Randy have.
See Settlement Agreement and Mutual Release ( ), 11.
Jaycee Dugard reached a $20 million dollar through settlement (Assembly Bill 1714), without trying her case. Some contested
the amount and given that the state is heavily in debt. However, lawmakers felt it was a prudent amount, given the states legal
liabilities (due to the states negligence) could actually be greater. According to San Francisco County Superior Court Judge
Daniel Weinstein, the administrative settlement was made to avoid greater invasion of privacy and greater publicity for the
state. It was understood that it is not possible to turn back the clock, but this settlement allows Jaycee and her daughters a way
to build a better life. This was in part due to a scathing investigation performed by the California Office of the Inspector General
concerning the states negligence and legal liabilities the state faced. In that investigation, numerous opportunities were missed
to locate and rescue Jaycee. While the State felt that there were clearly issues that could be tried, it elected an administrative
process to deal with the damage and personal injury, while at the same time to draw better publicity for the state having resolved
this matter administratively. In this case, the OIG report of 2003 clearly indicated that the AAEU had various problems, which
there has been no follow-up audit to date, records being withheld show a pattern of misconduct by the employees of the
Department of Education and there is no indication by the Department that any review or audit report has been compiled by the
OIG regarding this case to date, or changes have been made since Dec 2010, when Randy begin replying to materials the
Department had, noting the errors to be used under FTCA. Thus, the Department knew years before and never corrected the unit
that had problems, now that unit has damaged Randy and his family and those damages cannot be undone.
Alan Newton spent 22 years in prison for rape, robbery and assault conviction and when DNA evidence showed that he was
not the rapist as he had been stating with other witnesses, he walked. He later sued and received $18.5 million for pain and
suffering inflicted upon him. In contrast with regard to Randy no police were involved; there was no investigation (even years
after the events and during litigation) and Randy was never accused of breaking any school policy (moral or otherwise) regarding
the so-called rape by the school and no outcome was ever presented whereby the school had determined that a school policy
(moral or otherwise) regarding the so-called rape had been broken. However, unlike Alan who is a free man and has been
exonerated, a false and misleading award and judgment which Western knew was wrong at the time and to which they helped
write sits in the Santa Clara Superior Court records and a public lien has been filed that not only refers to that judgment, but
demands payment from Randy. Randy is 45 years old. Randy has been dealing with Westerns (aided by ATS, NWCCU and the
Spellings administration) obsessive and compulsive actions to eviscerate Randy for the last 10 years. Accordingly, Randy will
spend the next 26 years of his life expectancy dealing with Westerns (aided by ATS, NWCCU and the Spellings administration)
need to destroy Randys life (36 years). The damage and personal injury to Randys life cannot be undone. Once personally
identifiable information has been made public, the harm cannot be undone. United States v. Miami University, No. 00-3518,
2002 U.S. App. LEXIS 12830, (6th Circuit) June 27, 2002.

Executive Summary SF 95 Report
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