Capella University Lawsuits

Posted by CapellaSucks at 11:37 PM | Permalink | Comments (0)

Posted by CapellaSucks at 11:36 PM | Permalink | Comments (0)

As long as we've already posted one FACTUAL comment concerning Nancy Johnson's views on WebCT (BTW, she was the instructor for a course on software engineering entitled, "TS5130 - System Development Theory & Practice," we thought we start providing further examples demonstrate what an unethical lying shyster, Capella's "Chief Counsel" Greg Thom really is by posting actual comments from ALL of the plaintiff's instructors (with the exception of the inarticulate Charlatan, Diane Stottlemyer who only wrote a total of four (4) incomplete sentences before Capella retaliated against the plaintiff and locked him out).

Before we begin our first series of FACTS concerning what Capella University, their shysters, and other scum bags have been intentionally lying about, we thought we would reprint one of shyster Greg Thom's lies to the media (ever heard of defamation shyster Greg Thom). BTW, stating someone is an ethical sleazy shyster, like Greg Thom is, isn't defamation when it's true! Anyway, the Chronicle of Higher Education reported that,

"Greg Thome [sic], general counsel [shyster] at Capella, says Mr. La Marca's suspension was for inappropriate behavior in online courses and had nothing to do with his accusations. The lawyer says students and instructors complained that Mr. La Marca was making improper comments in class.

"I would characterize it as personal attacks, questioning the intelligence of people," Mr. Thome [sic] said. "We had complaints from other learners saying, Look at what this guy is doing."

Of course, shyster Greg Thom, along with other unethical scum bags from Capella University knows that his statement was a blatant lie. As a result, here's the first of a series of comments that the plaintiff's instructors REALLY said (BTW, no students from the plaintiff's classes complained either).

On June 8, 2004 (just one month before Capella University illegally retaliated against the plaintiff), Dr. Nancy Johnson stated that,

" I have thoroughly enjoyed your postings, and appreciate all the energy you are investing in the discussions."

Then, on June 17, 2004 (just three weeks before Capella's illegal actions), Dr. Nancy Johnson told the plaintiff,

"You are a delight to have in the course."

Finally, on July 4, 2004 - the same week the Capella illegally locked the plaintiff out of his classes, Dr. Nancy Johnson commented on the Plaintiff's final project (which was turned in long after the quarter had ended due to incompetent design of WebCT) that she had,

"read the paper, and the tiny changes needed are so minor I want you to STOP working on it. The paper content is what matters, and what you have done is superb. . . After you have recovered, let's keep talking about where to submit your paper (or a shorter version of it) for publication."

Obviously, shyster Greg Thom is a blatant liar (we'll be posting more FACTS about the truth in the coming days). We're sure that readers will be interesting in learning that Greg Thom and shyster Priscilla McNulty have literally refused, for THREE years, to turn over all of the above (and many other) documents as required by the Family Educational Rights and Privacy Act (FERPA). Be sure to come back tomorrow (July 12, 2007) to read what another instructor had to say about the plaintiff!

Posted by CapellaSucks at 07:29 PM | Permalink | Comments (0)

As has been their pattern, Capella University and their "sleaze team" from Drinker Biddle & Reath, Sir Chrisy the Sissy (H. Christian L'Orange) and Capella Stella Fey Epling have refused, for THREE YEARS, to turn over records as required under the Family Educational Rights and Privacy Act (FERPA). In addition, they have also refused to turn over documents as required under a Demand for Production filed as part of one of the lawsuits pending against Capella University. As a result, we will be releasing a new FACT about Capella University and their unethical conduct everyday until they decide to comply with the law. Here's our first fact:

Fact One (July 10, 2007) - Capella Instructor Speaks Out About WebCT!

One of the plaintiff's instructors had this to say about WebCT as it was incompetently implemented by Capella University. (FYI, WebCT and Capella University's intentional harassment of students who spoke out about WebCT, is the subject of one of the lawsuits currently pending against Capella University).

"I was asked to participate in a meeting on Monday with the WebCT reps who came to Capella (MN) from Vancouver, CA to resolve problems. I represented the viewpoints of the faculty and learners. I was honest about my experiences, and what learners have represented.

". . .I told the group that the old courseroom [sic] platform was like going to a supermarket as most of the meat was in one place. the new courseroom [sic] is like shopping in Kenya was: it took all day because we (the driver and I) had to go to at least six stores (butcher, greengrocer, butter/egg, dry goods, fruit stand, etc.) and a few open air markets to get one day's worth of shopping done. The latter is a lot like using VISTA---lots of clicking, lots of places to check, very time consuming--same results as a supermarket. Oh well.

". . .this too shall pass, and there are a LOT of embarassed [sic] techies at Capella and a VERY frustrated president [i.e., liar Michael Offerman]. your friend, [name of this instructor has been redacted - for the moment]"

The above quote was taken verbatim, from a document already provided to Federal Court. Visitors to this site will also be interested in learning that the instructor who made the above statement was a member of Capella's "core faculty!" Of course, Sir Chrisy and Capella Stella KNOW that this statement was made by one of Capella's "finest" - is that why they've REFUSED to turn over this and countless other documents that prove the gross lack of ethics at Capella?!

Posted by CapellaSucks at 12:11 AM | Permalink | Comments (0)

Posted by Truth at 12:01 AM | Permalink | Comments (0)

Posted by Truth at 11:12 AM | Permalink | Comments (0)

Capella Stella Fey Epling,
Can’t write a brief for anything!
         She perjures, she lies,
         And never complies,
Oh, what a knack for bungling!

Capella Stella Fey Epling,
Who, with L’Orange, was shamming!
         Threatened with sanctions,
         Accommodations?
But then their own work was damning!

Capella Stella Fey Epling,
Will do whatever they’re bidding!
         Blames her computer
         It can’t get much ruder!
We’re not too concerned with her pleading!

Capella Stella Fey Epling,
With Chris L’Orange explaining,
         I like toxic wastes
         But this is not in our fates
To constantly have to keep feigning!

Capella Stella Fey Epling,
She tries ever so hard at faking,
         If it’s only a font
         Then what does the court want?
Just how many laws is she breaking?

Capella Stella Fey Epling,
We wonder what next she’ll be writing?
         She ignores local rules,
         Oh we hear her small mewls.
Just how much will the judge be smiting?

We hope you've enjoyed our attempt at poetry. As noted previously, we believe that Stella Fey Epling, one of Capella University's defense attorneys, has recently committed perjury. Even more disturbing is that, once again, Capella's Dream Team (consisting of Stella Fey Epling and Christian L'Orange) is believed to have committed more violations of the court's rules (even though an initial hearing hasn't yet been held). They've already been threatened with sanctions once for failing to submit documents required by the court. This time, Capella's Dream Team submitted a document that was not only filled with blatant lies (some of which have already been noted on this blog) but once again, failed to abide by the court's local rules. As a result, Stella Fey Epling has just submitted an "apology" to the court. We can only hope that the judge levies the harshest sanctions permitted by law against Epling, L'Orange, and any other attorneys from Drinker Biddle (the law firm representing Capella University) that is participating in this charade.

Posted by Truth at 11:30 PM | Permalink | Comments (0)

According to court materials just published on the Internet a few moments ago, the Plaintiff who filed the discrimination lawsuit against Capella University, has now filed a document with the court alleging the “defendant’s noncompliance with local [court] rules.” As has already been noted, Capella’s defense attorney’s were threatened, a few weeks ago, with sanctions for their failure to submit required documents to the court. That story currently appears at:

Capella Needs Extra Time & Still Can't Get it Right!

We have also just reported that one of their attorneys, Stella Fey Epling, appears to have committed perjury – now this?! We wonder what it could be?

In the event that Capella’s attorneys have violated the courts rules again, we can only hope that the judge will subject Capella University to the harshest sanctions possible – after all, they’re only had to submit two sets of documents to the court and an initial hearing hasn’t even been held!

We’ll certainly keep readers apprised of this breaking story!

Continue reading "Has Capella University’s Defense Violated Court Rules Again?" »

Posted by Truth at 05:13 PM | Permalink | Comments (0)

It appears as if Stella Fey Epling, an attorney with the law firm of Drinker Biddle that is representing Capella University in the current discrimination lawsuit that has been filed against them, has committed an act of perjury!

To date, Epling and her partner in the case, H. Christian L’Orange, have filed just two sets of documents with the United States District Court, California Central District, pertaining to the lawsuit. Because the first set of documents failed to comply with the local rules of the court, Epling and L’Orange were threatened with sanctions - now, we believe, Epling has intentionally lied to the court!

Specifically, Epling stated in a personal declaration she made to the court on October 31, 2005, that:

"I am familiar with Plaintiff’s websites [sic] – www.capellauniversity.org and www.capellanazis.com. In or around July 2005 I first visited those sites and reviewed disparaging statements about Capella. Shortly thereafter, my access and the access of all computers, nationwide, at my law firm was revoked. After attaching documents to the counterclaim which were printed from another remote computer I used to access the sites, I was no longer able to access the sites from that IP address. I have observed that plaintiff appears to update his websites [sic] continuously.

"I declare under penalty of perjury that the foregoing is true and correct. Executed this 31st day of October 2005, in San Francisco, California."

The fact of the matter is that one of those sites, http://www.capellanazis.com did not, and could not have existed until on or after October 8, 2005 when the domain was purchased. Epling, on the other hand, states that she first visited it in or around July 2005. Of course, that would have been impossible for her to do.

Additional information about this breaking story may be found at: Stella Fey Epling: Perjurer? Hypocrite? Cry Baby?

Posted by Truth at 04:04 PM | Permalink | Comments (0)

Kurt Linberg, the dean of Capella’s School of Technology gets blasted for changing the topic on a blog managed by the National Center on Low-Incidence Disabilities at the University of Northern Colorado and for his unfounded attack on a student. As has been so typical of others at Capella University, (most notably Shawn Ambrose who has spent well over a year seeking out every opportunity possible to change the topic on other web sites that have discussed the importance of accessibility),  Kurt Linberg finally opened his big mouth, after more than a year of silence, in yet another attack on the student who has filed the lawsuit against him and others at Capella.

Not surprisingly, the original topic on the Phaedrus blog concerned suggestions for improving online learning that were being dicussed on an Australian site. As has been so typical, Linberg plunged in with the following:

“Kurt Linberg Says:
September 28th, 2005 at 11:07 am
In regards to the ex-Capella student, I suggest that interested parties see the hatred that this individual is spreading in one of his many websites, including capellasucks.com. I am very sorry that this individual has decided to use the [sic] IT skills in such hurtful and destructive ways.”

While the site operator, Nate Lowell, permitted Linberg’s drivel to be posted (we’re glad he did as it demonstrates Linberg’s viciousness), he also noted the following:

1. Linberg lies about sites attributed to the student who is suing him and Capella. The fact is, Capella University owns the web domain, http://www.capellasucks.com
2. Mr. Lowell rightfully mentions the malicious false rumors about websites that are critical about Capella containing malware.  The fact is, none of those sites do – Capella University has merely tried to steer visitors away from those sites in order to prevent the truth from being told.
3. Linberg’s ongoing refusal to provide any information, at all, regarding the accessibility of WebCT and his unfounded attack on the student to change the topic. Specifically, Mr. Lowell states, “Of note is that Dr Linberg does not refute any of the issues … by assuring us that the WebCT version Capella uses is, in fact, 504/508/ADA compliant, or pointing us to evidence that Capella takes disability access seriously, or any other kinds of constructive engagement. Instead his argument is to attack the standing of the student by suggesting that he is engaged in some kind of unsavory activity.”
4. Linberg posted his comments using a Capella IP address. We would like to point out that there have also been other, far more vicious attacks from Capella employees that have also used Capella’s computers.

Of course, Linberg refuses to mention that he:

• was personally responsible for the retaliation against the student.
• personally created Capella’s Kangaroo Court that denied the student all due process rights.
• personally ignored Capella’s written policies when he retaliated against the student.
• lied to a Federal law enforcement agency. He has also consistently referred to the instructor of the course involved in the lawsuit, Diane Stottlemyer, by her bogus title, “Dr. Stottlemyer.” As noted elsewhere, Stottlemyer purchased her phony graduate degrees from Lacrosse University – widely recognized as a diploma mill.

There is, obviously, far more information about the fact that Linberg is a liar but those matters are discussed elsewhere and will also be part of the trial. We salute Mr. Lowell for his integrity in rightfully questioning the motives of Linberg.

It needs to be mentioned that the attorney, Mr. Russell Thomas, Esq., representing the plaintiff has also posted the following request on of the Australian blogs mentioned:

"Your article was fascinating! I would be interested in being contacted by anyone with a disability who has experienced accessibility problems with any type of online learning platform. I am the attorney who is representing Jeffry La Marca in his lawsuit against Capella. I know there are others with disabilities, especially visual impairments, that have encountered difficulty with their online learning experiences. Please feel free to share these experiences with me. I can be reached by email at rjtlawfirm@yahoo.com."

The bottom line is that the lawsuit is about accessibility - and the fact that Capella has abused students with various types of problems, not just those with learning disabilities is something that continues even now.

Posted by Truth at 02:06 AM | Permalink | Comments (0)

A blog run by Australian librarian, Lynette Reville, notes:

"It’s thought-provoking to look at how many web standards are in place for users who have physical disabilities, and then to think about the lack of guidelines for users with other disabilities. Particularly with commercial learning management software, where end users don’t really have a lot of choice in the way the courses or the communication/assessment tools within them are accessed are constructed: you have to take what they give you, for better or worse."

Another blog, Avalúo y Tecnologías de Aprendizaje (Peru) states:

"Capella University ha sido demandada por uno de sus estudiantes por utilizar un sistema para manejar cursos en línea (WebCT) que no cumple supuestamente con los requisitos de accesibilidad para personas con problemas de aprendizaje. (Ley ADA) . Esta será la primera de muchas demandas a las que se enfrentarán no solo las universidades virtuales sino las compañías que manejan estos sistemas para manejar cursos en línea. "

A rough translation of this statement is:

"Capella University has demanded that one of its students use an online system (WebCT) that supposedly does not comply with the accessibility requirements of those with learning problems (Law ADA). This will be the first of many demands of virtual universities and the companies that make these systems for online courses."

Additional comments regarding the lawsuit against Capella will be posted as they are located. We salute those in the international educational community who are focusing on the real issues of the lawsuit - the lack of accessibility of WebCT to those with disabilities.

Posted by Truth at 10:20 PM | Permalink | Comments (0)

The lawsuit against Capella University has been gaining international attention since a story about it first appeared in the Chronicle of Higher Education. While those criticizing it range from the uniformed to the out-and-out bigoted (for example, a white supremacist group came out in support of Capella's positions), there are also those who have exhibited very enlightened views. Interestingly, many of these are coming from outside of the United States. (Now what does that say about disability rights in the US?)

Two of the most enlightened posts that we have found, so far, include:

FLOSSE Posse (Finland)

Non-accessible e-learning: lawsuit against an institution using WebCT

"The technology used in the Capella was WebCT.

I think the student has a point in here. I am not an expert of WebCT, but colleague of mine was lately using it and wrote pretty good review about the poor support for web standards in the WebCT. The use of JavaScript and frames seems to be a hack to “protect” the content inside WebCT, so saving it locally would be more difficult. Read the content and remember it!"

Teach and Learn Online (Australia)

Lawsuit forces Web2 learning strategies

"Hardly surprising news, but very significant in my view. . .Surely it is only a matter of time before the same activism happens here in Australia. Many of us have argued til blue in the face that Learning Management Systems are unusable and inaccessible, and place unnecessary pressure on a student."

Posted by Truth at 12:18 AM | Permalink | Comments (0)

The amount of naivety and ignorance regarding the rights of those with disabilities is extremely disturbing. Take, for example, a recent post that appeared at DigitalStakeholders.org.

"As I read it I had to laugh. The student who is filing the lawsuit wants to get a degree in Information Technology Systems Design! If the student can not figure out WebCT how is he going to make it in the real world?"

The individual who posted the comment is, obviously, completely oblivious to the facts surrounding the case as well as the needs of real "Digital Stakeholders" to be provided with fully accessible web applications. One can only feel sorry for the individual making these remarks as he/she is completely clueless. Let's set the facts straight:

1. The student who filed the lawsuit was just three (3) courses away from completing a second master's degree in system design and programming.
2. The student had earned a 4.0 (e.g., "straight A's") in all courses being applied to that degree up until the time that WebCT was implemented at Capella.
3. The lawsuit has absolutely nothing to do with "figuring out WebCT" - it has to do with the incompetent design of WebCT that makes it inaccessible to those with disabilities. There is a vast distinction between the two.
4. The question "If the student can not figure out WebCT how is he going to make it in the real world?" is completely moot. It certainly makes one question the competence of someone who claims to represent "digital stakeholders." The fact is that large numbers of students, including other graduate students in Capella's Information Technology programs where also pointing out the incompetence of Capella's implementation of WebCT, along with its horrendous design flaws, is significant. So is the that fact that many of the instructors were also complaining.

Most of remaining portion of the DigitalStakeHolders post discusses whether or not college is a "right or a privilege."  Again, that's a moot issue pertaining the Capella lawsuit. As noted in the Chronicle of Higher Education, the student already holds one master's degree (from a real university). Accessibility issues have, in the most literal sense, nothing to do with any student's intelligence and/or ability to do well in an academic program, assuming adequate accommodations are provided. Of course, nothing is mentioned about the quality of programs, like those at Capella, either.

Interestingly, the Chronicle article failed to mention several other facts pertaining to the case. Some of these include, but are not limited to:

• The "instructor" at the center of the lawsuit is Diane Stottlemyer - who is a complete charlatan. To date, very few are commenting on the fact that Stottlemyer literally purchased her "graduate degrees" from a diploma mill, Lacrosse University. She has claimed that she holds master's and doctorate degrees in "Computer Science." Furthermore, Stottlemyer acted with callous disregard to her ethical and contractual obligations as an instructor - she literally refused to communicate to the student.
• Diane Stottlemyer's lack of competence is also demonstrated by those commenting on her book, "Automated Web Testing Tool Kit" on Amazon.com, as well as on a very recent (October 22, 2005) post at RateMyProfessors.com. Assuming that post is true (which we have every reason to believe it is), it now looks like Stottlemyer continues to retaliate against students who complain about her incompetence. The only difference between her actions against the student who filed the lawsuit and those who continue to complain about her is that she now changes their grades from "F's" to "A's." Previously, she merely had students thrown out of Capella.
• Capella University refused, in the most literal sense of the term, to provide that student with any due process rights. Interestingly, Capella has an army of cronies who actively scour the Internet to post otherwise. Some of these include: Shawn Ambrose, an individual who has been relentless in his attacks (his posts may be found all over the Internet, most of them using the nickname of "CapellaRocks"); Robert Evans, who committed defamation against the plaintiff by contacting the plaintiff's part-time employer to "warn them"; and Corrie Bergeron, an individual who apparently worked (maybe still does) for Capella University and has stated that "Capella followed their policies to the letter. . ." The plain and simple fact of the matter is that  these people are all liars - the student was literally denied all due process rights. Capella University refused to follow any of their written policies.
• Even now, more than a full year after Capella University locked the student out of all of his classes, Capella University has refused to turn over all that student's records as required under the Family Educational Rights and Privacy Act (FERPA). In fact, Capella University refused to turn over ANY of their records pertaining to their retaliatory actions against the student until just a few months ago when they were forced to by the United States Department of Education. Of course, they again refused to turn over everything as required under FERPA and they are still under investigation for that matter.

These are just a few issues that will be examined, in much greater detail, during the trial against Capella University. Of course, there are many, many more matters that have not been discussed here. It's really sad to think that there are those who claim to be interested in "Digital Stakeholders" can twist the facts, based upon mere speculation, and change the focus from the rights of those with disabilities to whether or not their participation in education is a "right or a privilege." Sad, really sad.

Posted by Truth at 09:07 PM | Permalink | Comments (0)

Articles about the discrimination lawsuit against Capella University are popping up all over the Internet. It's a good thing too because it appears as if Capella's propaganda machine is working overtime to hide their abusive practices. If anything, the international attention being received by the lawsuit is indicative of the importance that enlightened ones in the educational community place upon genuine accessibility. 

Posted by Truth at 08:52 PM | Permalink | Comments (0)

At the moment (that is, at the time this was posted), there is one lawsuit against Capella University alleging:

• Violation of the Americans with Disabilities Act – failure to accommodate (due to the incompetent design of 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)

Details of this lawsuit are currently posted on the web site of the plaintiff’s attorney at:

The Law Offices of Thomas & Associates

Posted by Truth at 09:46 AM | Permalink