Lawsuit Filed Against Capella University

[CapellaStinks]

A lawsuit was filed today in United States District Court against Capella University on charges of:

• Violation of the Americans with Disabilities Act – failure to accommodate (with mention of the inaccessibility of Capella’s online “course room” – WebCT)
• Violation of the Americans with Disabilities Act – retaliation
• Unruh Civil Rights Act
• Violation of California Education Code, Section 94367

Some of the officials mentioned in this lawsuit include Capella’s:

• Provost (Karen Viechnicki)
• Chief Counsel (Greg Thom)
• Dean for the School of Technology (Kurt Linberg)
• Disabilities Service Coordinator (Lisa Bromenshenkel)
• TS5150 Instructor (Diane Stottlemyer)

Information will posted at Capella University Sucks dot Org

[Dennis Ruhl]

I am not sure about US law but the first thing Capella should do is request that the court require a bond for their defence costs given the unlikelyhood of the plaintiffs success, given that the requirements for success are more stringent in civil court than under a humans rights tribunal.

With human rights tribunals, once it is established that the person is disabled and suspended he has won and it is up to the school (or employer etc.) to prove that no discrimination took place.

In civil court, decisions are made on the preponderance of evidence. I am not sure how it would be perceived but maybe Capella should consider a countersuit. Unfortunately Stink Guy probably is without significant assets.

[dhfr]

Originally Posted by CapellaStinks

A lawsuit was filed today in United States District Court against Capella University on charges of:

...
• Unruh Civil Rights Act
• Violation of California Education Code, Section 94367

These two are California law. Does U.S. court have jurisdiction?

[Dennis Ruhl]

Originally Posted by dhfr

These two are California law. Does U.S. court have jurisdiction?

Uh oh! Make that 2 lawsuits.

[Robert J.]

If you are a party to that lawsuit, I couldn't imagine your attorney supporting your website.

Edit:

[Dennis Ruhl]

Originally Posted by Robert J.

If you are a party to that lawsuit, I couldn't imagine your attorney supporting your website.

Edit:

But the point is not winning, the point is aggravation. Would he necessarily have an attorney? No lawyer is going to take on a case with a low chance of success without some money up front. The website certainly would be evidence in any trial. Perhaps some lawyer thinks he can do a quick settlement to gain his fees and personal satisfaction but no money for his client. Given the history of the case and the size of Capella, it ain't goona happen.

[Dennis Ruhl]

Robert - it isn't fair. Knowing your education program I am forced to leave out adjectives such as shyster, scumbag, and bottom feeder when referring to lawyers. Breaks my train of thought.

[Robert J.]

Originally Posted by Dennis Ruhl

But the point is not winning, the point is aggravation. Would he necessarily have an attorney? No lawyer is going to take on a case with a low chance of success without some money up front. The website certainly would be evidence in any trial. Perhaps some lawyer thinks he can do a quick settlement to gain his fees and personal satisfaction but no money for his client. Given the history of the case and the size of Capella, it ain't goona happen.

I'm not sure at this point Capella can just settle or try to. They might have to go all the way with this now. They might have to go all the way for future litigation purposes, if they settle with Mr. Stinks, the next Mr. Stinks2 will just need to throw up a website and forum and claim he can't use WebCT too and get some chunk of change. Cost of doing business I guess and everyone pays in the end. Except those shyster lawyers

[dhfr]

I've been finding degreeboard.com rather difficult to use ...

[Robert J.]

Originally Posted by dhfr

I've been finding degreeboard.com rather difficult to use ...

I told you already I'd give you Corporate stock in Degreeboard. What's a $9 domain worth again? Oh yeah, $9.

[ElMaestro]

Originally Posted by Robert J.

I'm not sure at this point Capella can just settle or try to. They might have to go all the way with this now. They might have to go all the way for future litigation purposes, if they settle with Mr. Stinks, the next Mr. Stinks2 will just need to throw up a website and forum and claim he can't use WebCT too and get some chunk of change. Cost of doing business I guess and everyone pays in the end. Except those shyster lawyers

Mr. Stinks will probably go after OCR afterwards and accuse it of failure to listen to a student with "disabililties". Then he'll go after Degreeboard and accuse it of "retaliation against a fellow member" & "harrassment". He will also claim that degreeboard members ridiculed him for having learning disabilities and failed to make accomodations for him (Y'know, a quiet room so he can post 100 messages a day).

And apparently, no one has the right for free speech but Mr. Stinks. Basically, in his mind, if you contradict him with facts, then you are harrasshing him. However, accordign to him, there is nothing wrong if he does this.
crazy2:

And btw, Mr. Stinks "forgot" to update his web site with the results of the OCR investigation.

El Maestro

[Dennis Ruhl]

Let's have a peeing match on disabilities.

Someone close to me got quite severe arthritis at the age of 19 while a student and has suffered severe and painful joint degradation ever since. She's had 4 joint surgeries including 3 joint replacements in her 40s. Anything other than relatively short walks is in a wheelchair.

How did she do? Got 2 university degrees and eventually opened a successful retail store of her own, all without a bunch of whining or feeling sorry for herself. She gets felt up a lot at the airport.

What is wrong with like people like stinker? Short term memory problems - everybody has short-term memory problems.

[Capella Rocks]

Originally Posted by CapellaStinks

A lawsuit was filed today in United States District Court against Capella University on charges of:

• Violation of the Americans with Disabilities Act – failure to accommodate (with mention of the inaccessibility of Capella’s online “course room” – WebCT)
• Violation of the Americans with Disabilities Act – retaliation
• Unruh Civil Rights Act
• Violation of California Education Code, Section 94367

Some of the officials mentioned in this lawsuit include Capella’s:

• Provost (Karen Viechnicki)
• Chief Counsel (Greg Thom)
• Dean for the School of Technology (Kurt Linberg)
• Disabilities Service Coordinator (Lisa Bromenshenkel)
• TS5150 Instructor (Diane Stottlemyer)

Information will posted at Capella University Sucks dot Org

I wonder if the OCR's investigations will be used as evidence?

As anyone can file a complaint with OCR, FERPA, et al., as Mr. Sucks has, anyone with a few bucks can file a lawsuit.

I believe Capella will fight this - I suspect they have had enough of Mr. Sucks and his baseless allegations. By my count, Mr. Sucks is now 0 for 4 with the OCR. Since he won't update his site with his setbacks, Mr. Sucks needs new fodder for a few disgruntled students and his own amusement. Thus, Mr. Sucks has found a lawyer who took his cash. But when Mr. Sucks' lawyer receives from Capella and OCR all the facts, including the details about Mr. Sucks harrassing behavior in Capella courserooms, the findings of fact from OCR that Capella made reasonable accomodation for his disability, and his personal attacks on people, I believe Mr. Sucks' lawyer will tell Mr. Sucks to have a nice day (and keep Mr. Sucks cash).

I will see Karen Viechnicki in a couple of weeks; and I will urge her that Capella needs to fight this. If Capella settles here - you can bet Mr. Sucks will trumpet the settlement, leaving the school wide open to Mr. Sucks wannabes looking for a quick buck.

[Capella Rocks]

I have performed a PACER search for the four US District Courts in California and did not find any lawsuits for Capella University. I do not claim to be an expert on legal matters, but if a suit ws filed by Mr. Sucks, wouldn't it be posted?

Just curious...

[Robert J.]

Originally Posted by Capella Rocks

I have performed a PACER search for the four US District Courts in California and did not find any lawsuits for Capella University. I do not claim to be an expert on legal matters, but if a suit ws filed by Mr. Sucks, wouldn't it be posted?

Just curious...

It depends where they filed, might not have been CA. The CA specific lawsuits might not have been filed yet. I've also seen lag time too before things show up on Lexix Nexis.

Both of the websites appear to be down.

[CapellaStinks]

Originally Posted by Capella Rocks

I do not claim to be an expert on legal matters...

Now, that's obvious

Case Number = SACV05-642 DOC (MLGx)

Enjoy

[Capella Rocks]

Originally Posted by CapellaStinks

Now, that's obvious

Case Number = SACV05-642 DOC (MLGx)

Enjoy

Thank you for posting the case number - I'll look it over when the case is available on PACER.

[Capella Rocks]

Here's the link to the lawsuit. You will note that none of the OCR findings are listed in the lawsuit.

http://www.employmentlawyers4employe..._Complaint.pdf

IMHO, Capella's lawyers will hand over the OCR files to the judge and it's over. I wonder how the legal team plans to overcome those findings...

[michael]

I'm kinda confused here. Mr sucks claims to have a learning disability, yet he managed to extrememly good grades, so whats the reason for the lawsuit?

I have learning disability and ITT really did nothing to help me but I still graduated with a 3.0 on my AAS degree and a 3.5 on my BS degree from them. Should I too sue?

[Capella Rocks]

Originally Posted by michael

I'm kinda confused here. Mr sucks claims to have a learning disability, yet he managed to extrememly good grades, so whats the reason for the lawsuit?

I have learning disability and ITT really did nothing to help me but I still graduated with a 3.0 on my AAS degree and a 3.5 on my BS degree from them. Should I too sue?

Mr. Sucks claims that Capella kicked him out of school for "retaliation" because of his original complaint against the OCR. However, Capella did nothing until Mr. Sucks engaged in hostile and harrassing behavior in the Capella courserooms and General Learner Discussion Boards, which was in violation of the Learner Code of Conduct and has been throughly documented elsewhere on this board. So now Mr. Sucks says he was discriminated against by Capella and since he is batting 0 for 4 with the OCR, he has enlisted a lawyer becuase he needs to sue. Sigh...

[michael]

He is going after them with Americans For disabilities acts, but, he is supossedly a model student grade wise, so I am failing to see a learning disability.

Thats the problem with America today way to many sue happy people.

[CapellaStinks]

Originally Posted by Capella Rocks

I wonder how the legal team plans to overcome those findings...

Why don't you call and ask?! The "legal team" certainly knows who you are.

You'll find his number here:

http://www.employmentlawyers4employees.com

[Capella Rocks]

Originally Posted by CapellaStinks

Why don't you call and ask?! The "legal team" certainly knows who you are.

You'll find his number here:

http://www.employmentlawyers4employees.com

That's OK - I'll just read the Capella response and follow along - anyone who has a sense of objectivity has read the OCR complaints and knows that you have a long haul ahead of you.

[CapellaStinks]

Originally Posted by Capella Rocks

. . .anyone who has a sense of objectivity has read the OCR complaints and knows that you have a long haul ahead of you.

That certainly doesn't include you.

[dhfr]

There's a story in the Chronicle about Mr. Stinks's lawsuit: http://wiredcampus.chronicle.com/200...issue_for.html

Unfortunately, I don't have a subscription to read the article.

[Capella Rocks]

Originally Posted by dhfr

There's a story in the Chronicle about Mr. Stinks's lawsuit: http://wiredcampus.chronicle.com/200...issue_for.html

Unfortunately, I don't have a subscription to read the article.

Here's the article...

Lawsuit Raises Issue of Accommodating Learning-Disabled Students Online
By DAN CARNEVALE

A former Capella University student has filed a federal lawsuit against the online institution, asserting that it violated the Americans With Disabilities Act by using technology that does not accommodate his learning disabilities.

Capella officials deny the allegations in the lawsuit, which was filed on June 30. Some experts say the student may have trouble winning the case because there are few clear guidelines dictating what assistive technologies colleges are supposed to provide to students with learning disabilities. But the issue is one that may soon arise more often, and in which the legal standards are murky

...

Steven Mendelsohn, a lawyer who is an independent consultant on information-access and disability issues, has not seen the lawsuit either. But he says the crucial question in such litigation is whether a college or software company has shown due diligence in making technology accessible to students with disabilities. If it has neglected to use assistive technology that is available and affordable, a college could be held liable, he says.

"You want to design all systems, just like you design all buildings, with accessibility in mind," said Mr. Mendelsohn, of New York City. "It's going to be a growing issue in the coming years."

...

[Edited down to a few snippets by dhfr]

Here's a link to the article: http://chronicle.com/temp/email.php?...veqyrieym5kpb2

[dhfr]

Here's a relevant article from Campus Technology: Addressing On-line Accessibility Issues at East Carolina University

[BANNED:Azaba:BANNED]

As I understand it, in the USA anyone may file a lawsuit against anyone for anything at anytime. There is no restriction on this. Some "trivial" cases might be dismissed offhand but in general anyone may sue anyone or any organization. The fact that a suit has been filed means absolutely nothing. My guess is that this person will only end with a large legal bill.

[distancelearningfan]

Originally Posted by Azaba

As I understand it, in the USA anyone may file a lawsuit against anyone for anything at anytime. There is no restriction on this. Some "trivial" cases might be dismissed offhand but in general anyone may sue anyone or any organization. The fact that a suit has been filed means absolutely nothing. My guess is that this person will only end with a large legal bill.

I was thinking about this too. Anyone can file a lawsuit against anyone or anything. I looked into the pdf file of this lawsuit and then did a google search using the claimants name and found a site (can't remember where I it was but I'll look for it) where this guy claims to have PTSD. I dont know the details, but if he indeed has PTSD, thenhe problably has a history of mental instability which can also be used against him in court. that is, some of his abrassive comments on the school might be seen as delusions due to his PTSD and carry little weight because of his condition. In fact, the investigation posted by Capellarocks seems to confirm that this guy ha s some serious mental problems.

Originally Posted by Azaba

My guess is that this person will only end with a large legal bill.

Yes indeed. But lawyers need to make a living too.