standardheader.

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

www.educationalfraud.com

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

Forward and let others know what is going on.
FOR IMMEDIATE RELEASE

Student and family sue U.S. and accreditor for over $40 million

Thursday, July 5, 2012

Boulder Creek, Calif. Officials in the U.S. Department of Education (DOE) aided by officials from two
accredition agencies silenced a student and his family in an effort to conceal government corruption and unfair,
unlawful criminal activities by a school and two accreditors.

On June 22, 2012, student Randy Chapel and his family filed a tort lawsuit against the United States and the
Association of Theological Schools (ATS) and Commission on Accrediting (Commission) seeking over $40 million
in damages. The Commission is recognized by the Department of Education as a national accreditor to approve
specific degree programs for seminaries and religious schools across the nation. Western Seminary is one of 28
ATS schools with campuses in California.

Chapel and his family allege the United States and ATS/Commission condoned Western Seminarys contract
requiring Chapel and his mother to give up, among other things, their First Amendment freedoms of speech and
religion under the U.S. Constitution. Californias constitution also protects those freedoms. Western Seminary
claims the power to make such unwritten exceptions is derived from their two accreditors.

In 2006, the DOE harshly disciplined the American Bar Association for using unwritten policies and standards.
Eighteen months later, in August 2008, Secretary Margaret Spellings directed her agency to support Western
Seminary's claims for "exceptions" to the published accreditation standards of ATS/Commission and the Northwest
Commission on Colleges and Universities (NWCCU). Western Seminary used supportive letters by
ATS/Commission and NWCCU against Chapel and his family in two civil cases in 2010. Neither ATS/Commission
nor NWCCU had written or published policies for exceptions to their published policies before 2011, contrary to
34 C.F.R. PART 602 requirements for accreditation decisions.

In 2006, Deputy General Counsel Jeff Taylor for Defendant UNITED STATES noted, Regulations do require
published standards so that individual institutions can understand what criteria is being used to judge them. By
2008, under the Spellings-led DOE, accreditation agencies that did not have published standards were not penalized.
Secretary Arne Duncan, appointed by President Obama to head the DOE, has continued to turn a blind eye to these
violations.

President Obama and Attorney General Eric Holder have been briefed concerning this case.

Testifying as an expert witness, Western Seminary registrar Rob Wiggins claimed under oath both
ATS/Commission and NWCCU allowed their schools to make exceptions to accreditation requirements. Western
Seminary president Randy Roberts noted that his schools Master of Theology degree program for Chapel did not
comply with the written standards, but said it fulfilled the spirit of the requirements. Neither ATS/Commission nor
NWCCU have policies for in the spirit accreditation standards also referred to as accommodations.

Thanks to Spellings support of the ATS/Commission and NWCCU reviews of Western Seminarys contract with
Chapel and his mother, Western Seminary and 421 other schools in 39 states, the District of Columbia, Puerto Rico,
and the sovereign country of Canada can make exceptions to the U.S. Constitution, state constitutions, federal and
state laws, decisional court cases and public policies. Because the 422 schools have this power, they can make
exceptions

a. that prevent a student or family member from filing complaints to the government as a requirement for an
educational program, course work or masters degree.

b. requiring educational programs or course work for masters degrees that threaten a student or family
member with payment of liquidated damages for filing complaints to the government or for making any
statement about unlawfulness by the school or school employees.



c. that gag a student or family member from notifying the government regarding the school's intentional
misrepresentations to the U.S. Department of Education, Office for Civil Rights regarding the school's
noncompliance with Section 504 during a federal investigation (18 U.S.C. 1001) as a requirement for
degrees, educational programs or course work--even if the school deceptively uses backdated documents
during a federal investigation to falsely claim it had programs that did not exist (Ca Penal Code 134) in
order for the school to retain federal funding that requires compliance with federal laws.

d. that causes a student or family member to pay liquidated damages if the student or family member is a
"whistleblower" telling the government about the school's intentional misrepresentations during a federal
investigation as a requirement for degrees, educational programs or course work.

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

f. that gags a student or family member from discussing or reporting sexual misconduct by a school employee
that occurred with a minor in 1975 as a requirement for degrees, an educational program or course work.

g. that silences free speech of a student or family member as a requirement for degrees, an educational
program or course work.

h. that causes a student or family member to not complain to the government about FERPA violations by the
school as a requirement for degrees, an educational program or course work.

i. that alters or obstructs religious practices of a student or family member as a requirement for degrees, an
educational program or course work.

j. that causes a student or family member to dismiss prior complaints to the government as a requirement for
an educational program, course work, masters degrees and more.

"Instead of being a place of learning and intellectual growth, as it turns out--and accepted by Margaret Spellings
herself--schools have the power to dictate beliefs, morals, ethics and world views on students that run counter to the
positions taken by the student and U.S. Constitution, state constitutions, federal and state laws, decisional court
cases and public policies as a means to earn education and retain previously earned and paid for education," said
Randy Chapel.

Third party accreditation peers disagree with the educational standards, objectives, policies, procedures and
decisions by the United States and ATS/Commission that were condoned for Western Seminary and are available
for 259 other member schools contrary to 34 C.F.R. 602.13 and 602.17. Dr. Belle S. Wheelan, President of
Southern Association of Colleges and Schools Commission on Colleges, said it was not OK by their accreditation
agency if a school's agreement for education for masters degrees requires covering up child molestations by a school
administrator and to not complain to the government. Debra White, Director of Accreditation, Commission on
Opticianry Accreditation and Dr. Ralph Enlow, President of the Association for Biblical Higher Education also
disagreed with the position taken by the United States and ATS/Commission. Steven Crow said his agency had no
policy allowing schools to require students to not file complaints to the government or to cover up molestations, and
he knew of no agency with policies allowing such things.

In 2007 under the direction of Jerry Brown, the State of California filed People v. Corinthian Schools, Inc. Los
Angeles County Superior Court Case No. BC374999 because no school in California has the authority to use a
settlement agreement to cover up unlawful behavior of schools or to cause a student to not file a complaint to the
government and to cause the student and/or third parties to pay liquidated damages if they break the gag demands of
the school regardless if the student is represented by legal counsel or not.



Attempts to contact Margaret Spellings for comment go unanswered. Spellings is a lobbyist at the Institute for a
Competitive Workforce in the U.S. Chamber of Commerce which is also sponsored by Corinthian Schools.

Education Secretary Arne Duncan has made no changes to conditions or claims endorsed by Spellings in 2008.
ATS has cut off all communication.

According to the government, it doesn't know how many hundreds of thousands of dollars it has spent to deal with
these issues or ensure that no one discovers the governments diligent efforts to either withhold requested records or
to destroy materials in order to prevent being held responsible for evidence of negligence of duty and unlawfulness
that Chapel and his family sought through record responses to their Freedom of Information Act requests.

Assistant U.S. Attorney James A. Scharf has portrayed Chapel and his parents as victimizing the government in
seeking records through FOIA to deal with the tort case and make public what is going on. Randys father Maj.
Dale Wilson, Ph. D. (Ret) is a 100% disabled vet, and his mother is a retired school teacher in her 70s. According
to Scharfs position for the government, they have brought government to its knees to deal with the FOIAs requests,
unlike Judicial Watchs 832 FOIA requests and 65 lawsuits on the Obama administration. According to Scharf,
Randy should just move on.

Chapel had to sign a contract in order to retain his previously purchased and graded course work as well as to gain
any further education leading to a degree. The degrees and the course work behind them do not meet published
accreditation requirements. In spite of this, according to Spellings and former ASL director Nancy C. Regan, 422
schools can offer ad hoc degrees that violate accreditation policies and procedures at will.

Chapel and his mother refuse to take part on the grounds of fraud, ethical, moral and religious objections. The
government continues to pressure Chapel and his family to go along with the fraud; the unethical and immoral acts
and denounces their religious objections.

Scharf has expressed that the government intends to fight all claims over the next two years, ensuring the availability
of a blue print for corruption for schools and accreditors to follow by winning the civil cases Chapel and his parents
have filed. This includes is the ability to conceal sexual misconduct with underage children (like pastor, speaker and
instructor Dr. Steve Korch and Western Seminary, or like coach Jerry Sandusky and Penn State), so that schools can
lie and back date documents to the government to receive federal funds and collude with accreditors to scuttle
federal investigations. Because of Spellings, the U.S. must defend quality education can only be earned if students
and their families have their protected U.S. Constitutional rights denied as a requirement to earn a degree. (See
Brooker v. Franks et al. Implication of decision: Christian students do not have to abandon their religious beliefs on
or off campus simply to obtain a college degree.)


www.educationalfraud.com is a site documenting this case and the efforts for justice by Randy and his family to
defend their religious freedoms to warn others about the corrupt practices at Western Seminary and its accreditation
agencies that the government enabled. See: www.educationalfraud.com/DistrictCourtCase.html


Randy Chapel
PO Box 1050
Boulder Creek, CA 95006
randychapellegal@gmail.com
831-331-9653