Capella University Lawsuits

Executive Risk Specialty Insurance Company (ERSIC) has again reiterated their belief that Capella University has lied. It is fully understandable that ERSIC has refused to pay for Capella’s frivolous legal (and retaliatory) actions against the student who is suing the university. Specifically, ERSIC has stated that they deny Capella’s:

“. . .coverage exists under the policy at issue. The policy is a claims made policy that excludes coverage for claims ‘based upon, arising from, or in consequence of any . . . formal administrative or regulatory proceeding commenced by the filing of a notice of charges . . . against any Insured on or prior to the Pending or Prior date set forth in Item 6 of the Declarations, or the same or any substantially similar fact, circumstance or situation underlying or alleged therein.’

"The former student’s legal claims against Plaintiff [Capella University] commenced in California federal district court are substantially related to administrative charges of discrimination and retaliation that the former student filed against Plaintiff with the United States Department of Education before the Pending or Prior date set forth in the policy declarations.

[NOTE: Capella University purchased their policy on or about June 15, 2005, more than a full year after the student filed his initial complaint against them with the United States Department of Education (USDE). Specifically,  the student filed his initial complaint against Capella University on or about April 19, 2004 – more than a full year BEFORE Capella bought their insurance policy. Numerous additional complaints with the USDE and other agencies were subsequently filed. Furthermore, the charges of discrimination and retaliation were not just “substantially related” to the USDE; they were IDENTICAL to those originally filed.]

“In addition, coverage is not available under the policy because in its application for insurance, Plaintiff did not disclose the former student’s administrative charges despite specific requests for disclosure.

[NOTE: Capella University lies again! It’s only too bad that, so far, those that lied to ERSIC have not yet been named publicly, it would be our guess that these would include Capella’s chief shyster: Greg Thom, and his sidekick, Priscilla McNulty.]

“Coverage may also be precluded under the policy by operation of specific exclusions, including but not limited to exclusions for: claims covered by prior policies of insurance; claims seeking emotional distress damages; claims for the costs associated with compliance of reasonable accommodation obligations arising under federal, state and local anti-disability discrimination laws; and claims for the costs associated with compliance with any order for, grant of or agreement to provide injunctive or non-pecuniary relief.”

[NOTE: Once again, ERSIC has their bases covered as it appears as if they are correct essentially all of the above! In addition to claims seeking emotional damages, costs associated “with compliance of reasonable accommodation obligations arising under federal, state and local anti-disability discrimination laws,” and other matters, the student’s lawsuit also includes charges of significant and severe violations of state (California) laws; including but not limited to:

• Unruh Civil Rights Act
• The “Leonard Law”
• California’s Anti-SLAPP laws

This brings us to another one of the sleazy attempts that Capella University is ignoring to bilk money out of their insurance company – to date, ALMOST NO EFFORT has been exerted by Capella University to “defend’ themselves as the lawsuit that the student has filed against them remains in its infancy due to Capella’s vicious, frivolous, and completely unfounded counter-suit against the student. That’s right, Capella hasn’t been spending money on their “defense” they’re only spending on it their offensive [pun intended] actions against the student! Furthermore, according to the materials that Capella has submitted against ERSIC, the University has already spent more than $175,000! That’s right, Capella University has spent more than $175,000 ATTACKING the student even though that student’s lawsuit is still its initial stages! Of course, this should also demonstrate that, regardless of all of the other reasons listed above, the fact that Capella is spending money for their sleazy smear campaign against a student, has nothing to do with a defense! Apparently, Capella University is, once again, too stupid to act in an ethical manner and feels that their insurance company is just another revenue source intended to fund their pernicious activities.

Posted by Truth at 04:45 PM | Permalink | Comments (0)

Our last blog entry "Capella University and Toilet Cleaners" has proven to be such a popular post that we're pleased to provide a sound clip of Antonio Villaraigosa shouting what could be Capella's next fight song, "We Clean Your Toilets!" Shawn had better get out his pompoms!

Click here to listen to "We clean your toilets!" (.mp3 file)

Posted by Truth at 02:11 AM | Permalink | Comments (0)

We think we’ve found another candidate for Capella’s propaganda blitz – bigot Antonio Villaraigosa, Mayor de la Ciudad de Los Angeles! That’s right – the major of Los Angeles would be a great candidate – he’s inarticulate, never did pass the bar exam (he tried four times), and would clearly fit in with the bigots at Capella University who discriminate against those with disabilities (we’ll soon be posting a little “surprise” regarding a complaint that alleged racist practices at Capella)! Perhaps Capella University could provide him with a blog, entitled “Macho Man Gives Up Life to Clean Your Toilet!”

For those that don’t know, a protest is currently being waged against Villaraigosa for his bigoted comments at a rally in support of illegal aliens; specifically, he told real Americans that “We clean your toilets!” (We’ve been quite disturbed that Capella hasn’t displayed any of their banners or logos alongside all of the beautiful Mexican flags at these events – just think what a great PR stunt that could have been!)

Thanks to the inspiration provided by Villaraigosa, we’ve decided to try our own hand at the creation of a blog entry that would be worthy of promotion by Capella’s propaganda machine. Of course, the following is an entirely fictional account, but it does sound great, does it not? So, for your reading pressure (sic):

“Macho Man Gives Up Life to Clean Your Toilet and Enrolls at Capella University!”

Once upon a time. . .little Paco, the son of a poor destitute mother, Maria Garcia, was born in the subtropical paradise of the barrios of Tijuana, Mexico. He never knew his father as his mother only met him once – about nine months before little Paco was born (isn’t this a great story?!).

Maria lived with her family in a rugged cardboard shack that lacked running water: the streets were little more than open sewers that were infested with every known (and unknown) disease. While living conditions could only be considered as deplorable, Maria would wake up each morning dreaming that she would one day sneak across the border into the land of the free and the home of the brave – after all, that is what all children in her family were expected to do. Sadly, Maria knew that her own parents would never attempt the dangerous journey – her mother had been hit by a truck carrying chickens many years earlier that left her deaf in one ear, required that her nose be amputated, and provided her with a chronic case of radiation sickness (don’t ask). Her father, Raul Garcia, had been mugged by the corrupt Mexican police and left to die in the open sewers of his beloved city. When the Garcia family found him, he was covered with boils caused by the high acid content of the effluent that had washed over him during his final hours. From that moment on, Maria promised her poor, decrepit mother that she would sneak across the border into the United States to obtain a better life for her only son. Of course, her main motivation for doing so was that she had heard about a school that was unlike any other; in fact, it was a fully accredited online university that took online education to the next level. While Maria was only eleven when her son, Paco, was born, she knew that this school, Capella University, would be her redemption and transform her boy into a great macho man (just like his father) – what could possibly be better?

Sadly, Maria had never gone to school herself and even lacked the skills necessary to find a job as a toilet cleaner for spoiled Americans. That; however, didn’t stop her from illegally crossing the border (too many times to count) only to eventually make her way to another city with a toxic river (which reminded her of her own native land) - El Rio de Nuestra Senora la Reyna de Los Angeles de Porciuncula. When she saw the cement walls of this great tributary (covered with graffiti which, even though it was in Spanish, she could not read), Maria knew that she had arrived in the land of opportunity that her son was entitled to. ¡Gloria al Dios!

While Maria didn’t have any possessions, she searched skid row for months seeking information about Capella University – the place where she knew her son belonged. She looked in the garment district, attended rallies for illegal aliens, waived Mexican flags, even visited Olvera Street, but her quest remained an enigma. No matter where she went, she simply could not find an enrollment counselor from Capella University.

Maria was; however, a young women with great determination and persistence. During the years that she and her son had lived on the crime-filled streets of Los Angeles, she had the pleasure of watching Paco grow into a fine young man. After all, she had enrolled him in a school run by Cardinal Roger Mahony and many handsome young pedophiles priests. Paco managed to get through his schooling and was only molested ten or twelve times – not too bad for a young illegal alien. By offering her son to the priests for their extra-curricular activities, the Church eventually offered Maria position as the official toilet cleaner at the Our Lady of the Angels Cathedral (she was only permitted to clean the toilets of real American citizens).

One day, while cleaning an exceptionally vile mess (some nasty American citizen must have had a bad case of diarrhea) she heard a commotion coming through the stained glass window she had just opened to let out the stench – it was a marathon! Maria immediately dropped her toilet brush (even though she was still gagging) and bolted outdoors – she had heard that Capella University sponsored marathons! This was going to be the opportunity she had waited for so many long years (even her knees were scabbed from praying hours each day to la Senora la Reyna de Los Angeles)! Sure enough, there they were, miles upon miles of strong, manly Marines, Navy SEALS, middle-aged single mothers, even Shawn Ambrose - the Army National Guard Hero who had survived the 130 degree climate at Abu Ghraib – all proudly wearing the Capella University logo on their color-coordinated jogging suits. ¡Gloria al Dios!

Maria frantically ran back into the Cathedral to find Paco – she caught him just as he was leaving the confessional and was buttoning his shirt (funny, but she could have sworn she heard Roger in there too) and dragged him out to the street – just in time to see Shawn! ¡Gloria al Dios!

It was during this miraculous event that Maria met an official Capella University enrollment counselor. Sadly, this snake-oil salesman refused to let her enroll Paco (after all, she didn’t have any money), so he suggested that Paco enlist in the Marines – just to make sure he would be tough enough to handle the academic RIGOR required of all Capella Learners. Furthermore, Paco’s service to the United States would also enable him to obtain partial funding from the America government – in recognition of his work on the front lines in Iraq. (Let’s not forget, it would also make a great story to post on a Capella University blog!)

Of course, Paco realized that this was the answer to his mother’s dream (and he loved to see her cry tears of joy). Paco immediately enlisted as the chaplain for the Iraqi School for Orphaned Boys (he had been well trained by his own upbringing) and was awarded a Purple Heart for the injuries he sustained (syphilis?) while on active duty. To ensure that Maria would continue cleaning toilets in order to assist with Paco’s exhorbitant tuition (the portion that was not paid for by American taxpayers), Capella University enlisted their favorite poster-child, Vickie Cook, to save Maria from the dregs of illiteracy. Heck, Vickie Cook could also exploit Maria as an unpaid research subject for her master’s thesis, “Cultural Impact on a Mexican Family Literacy Project.” As as direct result of the years of experience Vickie Cook had received as a Wal-mart shelf stocker, her expert instruction was enough to allow Maria to enroll at Capella too! Of course, Maria was warned that, under no circumstances, would the University ever allow her own poor mother to enroll (after all, she had multiple disabilities). None of that mattered, though -  – her son would get the education that would really make him into a MAN (maybe Capella would even give him a blog!)

Epilogue

Maria graduated from Capella University at the same time that Paco received his doctorate: she earned a BA in Spelling (Kurt Linberg was her personal coach) and Paco obtained a Ph.D. in Business. Maria has since returned to the Our Lady of the Angels Cathedral where she continues to clean toilets. Thanks to the efforts of Vickie Cook, Ph.D.,  she can now read the labels – and can discern between the single-ply and two-ply toilet paper. Maria takes special delight in looking at Vickie Cook’s pictures on the Internet – and reading stories about Vickie’s own mother.

Paco, in order to show gratitude to his mother’s teacher, Vickie Cook, Ph.D., now cleans toilets for Wal-mart where he is proud to earn minimum wage – he looks forward to the day when he might qualify for their great health plan. Paco recently married another illegal alien, Juanita, who came from the tropical paradise of Guatemala. The happy couple are now the proud parents of twins – Chico and Jesus. They eagerly await the day when the boys can follow in their father’s footsteps and attend Capella University. Paco also dreams of the day when he can return to Mexico to visit the Walmart that was built by sleazy American's near Teotihuacan - until then, he is content to wave Mexican flags at rallys and marathons sponsored by his alma mater, Capella University. ¡Viva la Universidad de Capella!

Posted by Truth at 01:50 AM | 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)