Kennedy-Western lawsuit

Discussion in 'Accreditation Discussions (RA, DETC, state approva' started by Alan Contreras, Jul 30, 2004.

  1. Alan Contreras

    Alan Contreras New Member

    The entity called Kennedy-Western University has filed suit in federal court in Portland against the State of Oregon, asserting that all government agencies must recognize all unaccredited degrees issued by entities operating legally in a U.S. state as having the same legal validity as accredited degrees.

    Should be an interesting case, since accreditors, professional licensing boards, states, feds, schools, nonschools and other entities are likely to pile on as amici.
  2. nosborne48

    nosborne48 Well-Known Member

    Interesting. I hope we can follow this closely. My first thought, though, is that it's nonsense; police power surely allows a state to restrict the use of unrecognized professional credentials.

    After all, the state Supreme Courts have always claimed the power to accept or reject law degrees in their Bar admissions process. The federal courts have routinely recognized this authority.

    I predict a successful 12(b)(6) motion by Oregon.
  3. oxpecker

    oxpecker New Member

    It will be wonderful if this goes to trial.
  4. nosborne48

    nosborne48 Well-Known Member

    I don't see how trial could be a possibility. The facts are probably not at issue;

    -K-W issues degrees pursuant to a presumably valid Wyoming license,

    -Oregon has a regulatory body, duly constituted and clothed with authority to forbid the use of degrees from schools that fail to meet statutory minimums

    -K-W has been listed by the ODA as being such a school.

    The issues are legal, not factual, so I really don't think a trial will be necessary UNLESS K-W is arguing that the ODA somehow didn't follow its own procedures properly.

    It could be decided within six months or so.
  5. Bill Huffman

    Bill Huffman Well-Known Member

    Very interesting, if K-WU wins this suit (I don't think so but this is a hypothetical if) then wouldn't it mean that Oregon would have to also accept SRU degrees as valid?

    P.S. Shucks, I miss RJT. I wish that he was here for this.
    Last edited by a moderator: Jul 31, 2004
  6. Bill Huffman

    Bill Huffman Well-Known Member

    Could you please enlighten the legal speak ignorant among us? (meaning me for one)

  7. Gus Sainz

    Gus Sainz New Member

    It would indeed be wonderful, but, more than likely, the case will never go to trial. Once the process of discovery in the case begins and official requests for such information as details of the ownership, control structure, and actual location of the corporation, the financial, managerial, and logistical aspects of the various relationships and the historical background to these arrangements (such as telemarketing, recruitment, and faculty), in addition to the documented methodology employed in granting college-level credit, the case will be summarily dropped.

    Shades of MIGS! Has Kennedy-Western retained Enrique Serna as counsel? :D
  8. Roy Hinkley

    Roy Hinkley member

    Have you read the complaint? Do you have any idea what the legal basis for the action is?

    Might be a good idea to get the whole story before ruling, your honor. Some real judges often do that before rendering a verdict.
  9. Bill Huffman

    Bill Huffman Well-Known Member

    Hi Roy,

    Welcome to the forum.

    I for one would be very interested in hearing more details about the complaint and what the legal basis for action is.

    Have fun,
  10. DesElms

    DesElms New Member

    I sweartogod, I had nothin' to do with it! ;)
  11. uncle janko

    uncle janko member

    Why is Mr Hinkley testy?
  12. nosborne48

    nosborne48 Well-Known Member

    A fair criticism.

    I based my thought on what Mr.Contreras had to say. Tell me, what sort of facts do you think might be at issue?
  13. nosborne48

    nosborne48 Well-Known Member

    Oh, sorry. I forgot to answer the question.

    Federal courts use the Federal Rules of Civil Procedure. A Rule 12(B)(6) motion is a motion to dismiss summarily on the grounds that no cause of action exists that would allow the plaintiff to recover. It is done on the face of the complaint.
  14. Bill Huffman

    Bill Huffman Well-Known Member

    Thanks, I suspected that is what it meant but I appreciate the clarification.
  15. Bill Huffman

    Bill Huffman Well-Known Member

    This is a good idea. Just like it is a good idea to actually read a legal brief filed by a convicted bank rober who is suing the FBI for labeling him the Zit Faced Robber before rendering a verdict. That shouldn't stop the rest of us from discussing the zit faced robber's chance of actually winning his suit though, should it?
  16. Roy Hinkley

    Roy Hinkley member

    Perhaps Mr. Contreras would be kind enough to post the complaint, or otherwise make it available for analysis. Then you can squeeze away.
  17. nosborne48

    nosborne48 Well-Known Member

  18. Alan Contreras

    Alan Contreras New Member

    We only have the complaint as a PDF file. I will be out of town for a few days but I have left instructions with my secretary Della Lee that she can send the PDF to anyone who asks for it at 541-687-7452.
  19. SteveFoerster

    SteveFoerster Resident Gadfly Staff Member

    Anyone who gets it, please email it to [email protected] and I'll put it on my web site for all to access.

  20. oxpecker

    oxpecker New Member

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