Showing posts sorted by relevance for query whistleblower. Sort by date Show all posts
Showing posts sorted by relevance for query whistleblower. Sort by date Show all posts

Friday, November 6, 2020

A Letter to the US Department of Education and Student Loan Servicers on Behalf of Student X (Heidi Weber)

[Editors Note: Whistleblowers like this author, Heidi Weber, are an essential part of a democracy, shedding light when there is little transparency, and demanding justice and accountability when it is in short supply.  Her podcast, Whistleblower Revolution, is available at https://whistleblowerrevolution.com/

November 5th, 2020

TO: THE UNITED STATES DEPARTMENT OF EDUCATION, THE US SECRETARY OF EDUCATION, US CONGRESS and ALL FEDERAL SUBSIDIZED AND UNSUBSIDIZED STUDENT LOAN LENDERS

In the Interest of Student X (DOB x-x-xx) regarding GLOBE UNIVERSITY (closed)

To whom it may concern & the above-mentioned recipients,

My name is Heidi Weber, and I am the higher education whistleblower, that spoke up, regarding fraud and deceptive practices I witnessed while being a Dean at Globe University and its sister chain, Minnesota School of Business. I was retaliated against and endured a long legal process resulting in a 7-day jury trial against the large for-profit chain with campuses in several states. [see full Background story attached to this letter]

Fortunately, in my case, truth prevailed, and that jury verdict, along with my evidence, opened the door to scrutiny from the MN State Attorney General, State and Federal Higher Ed Departments, ultimately, forcing the schools to cease operations.

I’ve been invited and still speak at universities, business groups, non-profits, and even in the halls of Congress regarding this sector, what it’s doing to our country and imploring change. Recently, my story was featured as the season one finale of CBS Whistleblower with Alex Ferrer. I also, host a national podcast, and am a consultant and trainer on employee relations/engagement.

THEREFORE, I FEEL I HAVE EARNED THE RIGHT TO BE HEARD, not only on the topic itself, but especially, as an advocate of the students of Globe University/MSB, directly.

As I write this, the owners had retained a group of high dollar attorneys who are still a lengthy process representing them in bankruptcy court, after claiming & filing bankruptcy, days after being court ordered to give thousands of students their money back. Meanwhile, those private owners and senior corporate stakeholders have delayed proceedings, transferred assets, and still enjoy lavish homes and vacation/retirement properties after making hundreds of millions over the years on the backs of people just wanting a promising future.

Instead, they have stolen the futures of those students and grads who haven’t been able to and still cannot, utilize a degree from these schools. A degree that has become even more worthless, many times being a strike against the grad, as the school’s activities have come to light.

What I, and every other American, finds disturbing, is the fact that,

THE OWNERS CAN LEGALLY FILE FOR BANRUPTCY TO GET OUT OF JUDICIAL ORDERS TO PAY STUDENTS BACK, NEVER BE HELD FINANCIALLY OR MORALLY ACCOUNTABLE, AND CONTINUE LIVING WEALTHY LIFESTYLES, YET, THE PEOPLE THEY PREYED UPON, and DEFRAUDED, WHO CANNOT TRANSFER THOSE CREDITS and GRADS WHO CANNOT WORK IN THEIR FIELD, (much less EVER GET THAT TIME BACK), ARE NOT ABLE to FILE BANKRUPTCY OR EVER GET OUT FROM UNDER THE CRUSHING DEBT.

This is a LIFELONG SENTENCE for most of these people, many of which had few opportunities to begin with and struggled to sacrifice already.

I know this.

I had them in my classrooms. Vets, single parents, minorities, immigrants, young people who had little means, and no other options, to finally be “sold” their dream. I loved being a teacher and grew to know many of their stories, before being promoted to Dean.

“Find their pain” and “Sell them their dream.” 

In fact, those were some of GU/MSB mottos, in their admissions representative training manual which I presented as evidence at my trial, and the AG utilized in hers also.

Student X (AND the OTHER STUDENTS AND GRADS) DO NOT DESERVE TO BE SWINDLED OUT OF THEIR FUTURES, burdened with crushing DEBT.

THEY SHOULDN’T BE FORCED TO PAY for these schools’ crimes, loss of credibility and poor reputation in the public as a result.

I would ask, why are you allowing this to happen to so many of our kids, active military and vets, who are the future of our country? Further, why are we, the taxpayers, paying for it?

Please give Student X the same chance as every other American, the freedom to work hard toward the American Dream without being punished for a bait and switch of lies and fraud, pinned to them forever.

It affects all of us. Our country is strong because we showed future generations that here, anyone can better themselves, be treated fairly, and become vital members of our communities; that everyone has the chance at life, liberty, and the pursuit of happiness.

Please discharge her student debt from Globe University.

I stood up for them.

I sacrificed my career and have endured hard times. I still do, but I also, earned my nickname of “the unstoppable” Heidi Weber. I won’t stop until these schools are held accountable and MY students get justice and their futures back.

It’s long overdue!

This is your chance to make a real difference too. Please start by discharging Student X's student debt.

Sincerely with Conviction & Gratitude,

Heidi Weber

Whistleblower, Advocate, Legal Client Coach, Employee Relations Consultant, Speaker and Higher Ed commentator Contact: xxxxxxxxxxxxxxxx

Host of “The Whistleblower Revolution Podcast” available everywhere you listen. https://WhistleblowerRevolution.com


Background

Globe University was a large For-Profit College/University chain in the Midwest that is now closed and in currently in bankruptcy courts, in an attempt to delay and avoid post trial court orders to repay thousands of students. GU/MSB (Globe U/Minnesota School of Business) had approximately 11,000 students across several states, in 2011, and were at the height of their enrollment, when Heidi Weber, a Dean came forward and filed a whistleblower complaint against the schools. After reporting to the school’s corporate leaders, several issues of deceptive and fraudulent practices that she had uncovered, witnessed, and received from students, she was subjected to retaliation, & wrongful termination. Heidi and the school went head to head, through a long “david vs goliath’ legal battle and a 7-day public jury trial. She prevailed with a unanimous jury verdict, and modest jury award. It has become a landmark case for two reasons. First, it was the first very public whistleblower trial loss by a national for-profit college chain that showcased many of the issues that the entire sector still battles today. As such, it opened the door to many other similar cases being filed across the US. Secondly, it was the catalyst to another long legal battle with the State of Minnesota and State & Federal Dept of Higher Ed that consequently resulted in GU/MSB being permanently disqualified from receiving any more Federal funded student grants and loans. Additionally, resulting in the large for-profit chain losing a trial brought by the Attorney General of MN, who subpoenaed Heidi as a key witness. At the same time, the National Accrediting body that GU/MSB and several other for-profit colleges used, and were accredited under, ACICS, was dissolved. This, along with their funding cut, left GU/MSB no choice but to close its doors at over 20 campuses. Even after several convictions and court losses, the school’s leadership still deny any responsibility of wrongdoing. The same private owners still own a few schools under different brands and still lobby to be allowed to reopen.

*[GU/MSB were never regionally accredited. They never even applied as they did not meet the criteria and standards for Regional Accreditation like all State Colleges/Universities and traditional private institutions are accredited through. Each regional body requires high educational standards and the State and Traditional institutions rigorously work to adhere and maintain those standards to show their commitment to providing quality and credible education to potential students, employers and their communities. One main purpose of accreditation is to ensure that schools are held to strict standards and the delivery of education is at the same level between schools. This is how they evaluate and accept transfer credits because they know if the other school is Regionally Accredited, the courses, method and delivery meet the level and match hours making transitions seamless for the student. The other main purpose is to assure financial and Federal funding of student loans and grants that the school is worthy and adhering to their requirements to receive funding. Also, the accrediting institutions evaluate and enforce standards as an outside neutral party which is to avoid and alleviate conflicts of interest and/or “pay to play” schemes by the schools themselves. It is set up very different in the for-profit Sector. ACICS and ACCSC were the two main “National” accreditors for that entire realm generally. For years, the two national accreditors jockeyed back and forth as to which was larger or had the most schools under it, and both shared many of the same personnel who would float between the two. ACICS was a peer review organization, meaning that the schools themselves, were responsible for policing and doing audits on each other. As long as their “fees” were paid, rarely were any of its members held back or forced to meet strict requirements. Consequently, the larger schools with the most campuses were able to monopolize and dictate the direction and activities of the accreditor.]



Tuesday, January 2, 2024

Predatory Colleges, Converted To Non-Profit, Are Failing (David Halperin, Republic Report)

[Editor's note: This article originally appeared on Republic Report.] 

About a dozen years ago, owners of some of the biggest, worst-acting for-profit colleges began concocting, with their eager, high-paid lawyers, schemes to convert their schools into non-profits. The apparent aims were to evade the heightened government regulations applied uniquely to for-profit schools in order to guard against waste, fraud, and abuse — and to escape the growing stigma that the industry’s predatory behavior had placed on for-profits.

The clever schemes have come in various colors, yet most of them potentially allowed the sharp operators to keep making big money off the schools they no longer formally owned but, one way or another, still controlled. These dubious deals, mostly blessed by servile government departments and accrediting agencies, have made a mockery of non-profit rules, and, much worse, have helped sustain another decade of predatory college abuses against students and taxpayers, resulting in the waste of billions of dollars and the ruining of the financial futures of tens of thousands of people — veterans, single moms, and others — who sought better lives through higher education.

Yet, just as the private equity owners of the University of Phoenix, historically one of the biggest for-profit schools, are now trying to execute yet another dubious version of this scheme — getting a pile of cash by unloading the school on Scott Green, the hubristic president of the University of Idaho, and potentially allowing the current, high-paid executive team to stay employed — it seems, increasingly, that many of these non-profit conversions are not just harmful to the public but also ultimately unsustainable for the operators.

Here’s what’s been happening lately:

— Last week, the Federal Trade Commission sued Grand Canyon University and its CEO, asserting that the school deceived doctoral students about the costs and course requirements of programs — and about the school’s claimed nonprofit status. The FTC also alleges that Grand Canyon engaged in deceptive and abusive telemarketing.

The FTC lawsuit follows an October announcement by the U.S. Department of Education that it is imposing a $37 million fine on Grand Canyon based on similar allegations.

Grand Canyon CEO Brian Mueller has responded to the FTC and education department investigations with a remarkable series of pronouncements suggesting that the moves against his self-proclaimed Christian university are rooted in religious or ideological bias. But, in reality, Grand Canyon’s troubles with regulators began not in the Biden administration, which has cracked down on for-profit college abuses, but under Trump education secretary Betsy DeVos, a Christian conservative who staffed her office with former for-profit college executives and did almost nothing else over four years to hold predatory colleges accountable.

Grand Canyon in 2018 had restructured itself into two entities: a non-profit college, GCU, and a for-profit company, Grand Canyon Education (GCE), that gets paid to provide a range of services to the school. Even though the IRS already had declared GCU a legitimate non-profit, the DeVos Department of Education in 2019 rejected the school’s bid for preferred non-profit status under federal education rules, concluding that “the primary purpose” of the Grand Canyon conversion to non-profit was “to drive shareholder value for GCE with GCU as its captive client — potentially in perpetuity.” The DeVos team couldn’t help but notice that Brian Mueller is the well-paid head not only of the non-profit school but also of the for-profit company has been getting about 95 percent of the non-profit college’s revenue.

Together, the Department and FTC actions call into question not only the integrity of Grand Canyon’s recruiting and academic operations, but also its effort to be accepted as non-profit.

— Last month, the Department of Education took another step to hold accountable the non-profit Center for Excellence in Higher Education, whose schools, the largest of which was Independence University, shut down in 2021. The Department demanded $23 million from CEHE to pay for “closed-school discharges” — reimbursement for cancellation of federal student loan debts that former students had owed the government. The Department in July already had cancelled $130 million in federal loan debt from former CEHE students, citing school misconduct; the Department could potentially seek to recoup all those funds from CEHE.

The ultra-wealthy Ayn Rand disciple Carl Barney owned the schools until 2012, when he sold them at a hefty valuation to CEHE, a small non-profit that he controlled. Seemingly sleepy career officials at the Department of Education approved the transaction in the Obama years, but public scrutiny raised doubts about the appropriateness of the deal.

Like Grand Canyon, CEHE’s abuses were by no means limited to the terms of the non-profit conversion. In 2020, a Colorado court found the company had engaged in systematic deceptive practices. Barney’s schools, the court concluded after an extensive trial, used a detailed playbook to manipulate vulnerable students into enrolling in high-priced, low-quality programs; directed admissions representatives to “enroll every student,” regardless of whether the student would likely graduate; greatly overstated starting salaries that graduates could earn; and falsely inflated graduation rates. CEHE has been pursuing an appeal, but in 2021, the accrediting agency for the schools withdrew approval, citing performance failures, and the Department of Education soon after tightened the screws on federal aid, precipitating the schools’ closure.

CEHE is a mess. It no longer runs any schools or gets any federal aid; instead its functions seem to be limited to trying to get former students to pay back the sketchy, high-interest private loans the school peddled, and engaging in legal disputes with the federal government; these include a pending fraud lawsuit filed by a CEHE whistleblower and joined by the Justice Department, an investigation of CEHE’s private loans by the Consumer Financial Protection Bureau, and a lawsuit for $500 million brought by CEHE against the government alleging the schools were “a victim” of a campaign by the Department of Education “in coordination with ideological confederates… to cripple and close as many private career colleges as possible.” The Department also has suspended CEHE CEO Eric Juhlin from federal contracting.

— Another of the worst predatory for-profit schools is Ashford University, whose corporate owner Zovio pursued several different schemes for a non-profit conversion before finally selling the college to the University of Arizona, whose president, Robert Robbins, had been pressured by state regents to expand its online offerings.

Zovio’s scheme was to hide behind the prestige and political power of a big state university and yet keep getting for itself hundreds of millions off the school, now called University of Arizona Global Campus, through a long-term contract to provide recruiting, academic, and other services.

But that plan was thwarted after a California judge, in 2022, found Zovio liable for blatant deceptions of Ashford students and imposed $22 million in penalties. By law, the California judgment should compel the Department of Education to terminate federal aid to the school. Although Zovio pursued an appeal, it was discredited, bowed out of its contract to serve UAGC, transferred its infrastructure to the University of Arizona, and shut down.

But, with Zovio out of the picture, what was obvious to some even before the deal closed seems to have played out: Most of what Arizona had purchased, most of what made money, was not some supercharged high tech education platform but instead a predatory playbook and a staff trained to execute it. UAGC may not be able to pay its bills even if it keeps up with Ashford’s old predatory practices, but it almost certainly can’t do so if it tries to go straight. In November, President Robbins admitted that the University of Arizona’s overall financial situation is fragile, with cash reserves below minimum levels. Robbins said the school had “overinvested,” and school document revealed that one such exertion was the deal to buy Ashford, which “added $265.5 million in operating costs…”

Arizona’s financial woes from the Ashford deal may grow. Former Ashford students say they were ripped off and, as a result, have applied to have their federal student loans cancelled under a provision of law called borrower defense to repayment. In August, the U.S. Department of Education said it would cancel $72 million worth of loans because of Ashford’s deceptions. The Department also said it would use its legal powers to recoup those funds from Ashford’s owner, meaning the University of Arizona. UA says in response it had “absolutely no involvement in, and is not directly or indirectly responsible for, the actions of Ashford and its parent company” and will be “assessing its options.” But, reading the school’s agreement with Zovio, Arizona may be out of luck on that score.

— In contrast to Zovio’s fate, Graham Holdings has not been forced out of the 2017 deal in which it sold predatory for-profit Kaplan University to an Indiana state institution, Purdue University. Graham continues to hold a contract to provide a wide range of services to the school, now called Purdue University Global — a deal that Purdue is locked into for a 30-year term.

The Graham/Kaplan schools repeatedly faced law enforcement problems for predatory abuses against students before the sale. But the schools did better exercising political influence: The company’s head, Donald Graham, is a hyper-connected Washington insider; the business, long run by his family, was previously called The Washington Post Company, before it sold the newspaper to Jeff Bezos. Graham exploited his power and connections in DC to become the most effective lobbyist pressuring the Obama administration and Congress not to push too hard on for-profit college accountability; his protege Jeffrey Zients held key positions in the Obama White House, as did Anita Dunn, whom, once she left government, Graham hired to tell his schools’ supposedly compelling story to lawmakers. Dunn and Zients are now perhaps the two most powerful staffers in the Biden White House.

Having utilized his tight connections to key Democrats in the Obama years, Graham then took advantage of the lax regulatory environment under Republicans Trump and DeVos to do his troubling non-profit conversion deal with another top Republican politico, then-Purdue president Mitch Daniels, a former Indiana governor and White House official, who may have been dazzled by Graham’s big money ties, including his status as an ex-Facebook board member, and seen Kaplan as the road to a high-tech future.

But this effort to put state college lipstick on a for-profit pig may be failing as well. As Forbes noted last month, Graham Holdings‘ November filing with the SEC says Purdue Global owes the company $127.8 million — perhaps more than the school, structured as a non-profit associated with Purdue University, would be able to pay. Cutting costs at the school in order to pay Graham Holdings’ fees would likely mean lower-quality educational programs. Boosting enrollment for lower-quality programs would likely mean accelerating the deceptive recruiting practices, targeted at low-income Americans, that sullied Kaplan in the first place. Doing all of that at a time when the Biden administration, to its great credit, is working diligently to hold predatory schools accountable would be risky.

Don Graham’s best shot at continuing to make millions off Purdue Global may be for his long-time allies in the Biden administration to fail this year, and give way again to a president Trump, who once ran his own scam real estate school and likely would identify with Graham’s sense of victimhood about the persecutions of great for-profit educators.

— Finally, there is ultra-wealthy Arthur Keiser and his Keiser University, whose 2011 conversion from for-profit to non-profit was comparable to Carl Barney and CEHE: a sale of the for-profit school owned by Keiser, at a remarkably high valuation, to a non-profit controlled by Keiser. In addition to the inflated loan payments Keiser has since received from the non-profit, there are a range of businesses owned by Keiser that sell various services to the non-profit. Even worse, as we have documented, there is a highly questionable mingling of resources and personnel between the non-profit Keiser University and Southeastern College, another for-profit school owned by Arthur Keiser and his wife.

Keiser University seems to have come the closest to thriving after a shady non-profit conversion, but its troubles are now growing.

Arthur Keiser has gone all the way to the U.S. Supreme Court, with his expensive lawyers trying, but so far failing, to block a landmark court settlement aimed at cancelling the student loan debt of hundreds of thousands of ex-students who have filed borrower defense claims, saying they were deceived by their schools. His complaint is that Keiser University was, for purposes of the deal, unfairly placed by the U.S. Department of Education on a list of presumptively bad-acting colleges when, he insists, “There’s no evidence of misconduct.”

But Keiser’s claim of innocence is just another deception.

Like all the other schools with troubling conversions, Keiser University also has repeatedly gotten in trouble with law enforcement, and settled claims, including with then-Florida attorney general Pam Bondi and with the U.S. Justice Department, over allegations of deceptive and unlawful recruiting practices. And recent staff members have told us about predatory behavior still happening at the school, including recruiting of low-income people seemingly unprepared for college programs and of people with insufficient English language skills to understand the course work.

Keiser University also has been in trouble recently with three different accreditors of specific school programs, who have placed the school on warning, probation, or show cause status due to concerns about matters including program effectiveness and certification exam passage rates.

The non-profit conversion also has, finally, gotten Keiser University in trouble; the school admitted under congressional questioning in 2021 that the IRS imposed a penalty on the school for improperly steering profits to Arthur Keiser by entering into leases above fair market value with Keiser-related for-profit companies. Senior Democrats in Congress, including senators Dick Durbin (D-IL) and Elizabeth Warren (D-MA) have called on the U.S. Department of Education to investigate Keiser’s schools, which have received billions in taxpayer-funded student financial aid.

And, in November 2022, the Department determined that Keiser University’s accreditor, SACS, was out of compliance with numerous federal regulations and directed it to provide more information regarding its oversight of Keiser University and the school conversion to non-profit.

As part of the Department of Education’s regular oversight process for accreditors, I recently wrote to the Department, for a second time, urging it to hold SACS accountable unless it takes steps to address the conversion deal and predatory practices at Keiser’s schools. I hope that will happen, and that the Department itself will take steps to protect students by imposing conditions on Keiser’s future receipt of federal aid.

— Conversion from for-profit to non-profit has not prevented serious financial and / or legal problems at all of the schools we’ve discussed. In recent years, government regulators, accreditors, courts, and students have seen through the conversions, recognizing that predatory for-profit schools — with greedy owners, deceptive practices, poor value educational programs, and low return on student and taxpayer investment — remain predatory schools even when dressed up as non-profit colleges or big state universities. (The conversion of another huge predatory chain, EDMC, to non-profit also has been a disaster.)

Yet somehow the president of the University of Idaho, Scott Green, continues to insist he will be serving his school, and students, by acquiring, through an affiliated new non-profit, the giant for-profit University of Phoenix from huge private equity firm Apollo Global Management. Green remains determined to buy and run Phoenix despite Phoenix’s long and continuing record of abuses and law enforcement problems, despite the enormous potential liability Idaho might assume for debt cancellation for former Phoenix students, and despite opposition from many leaders in his own state, as well as advocates for students across the country. If Green — whose team keeps claiming, falsely, that Phoenix is under honest new management — and the Idaho state board of education can’t look objectively at the evidence that past conversions have been a moral disgrace, and a disaster for school operators, as well as students and taxpayers, then others in his state, the University of Idaho’s accreditor, and the U.S. Department of Education, should act to block the deal.

Wednesday, July 12, 2023

University of Phoenix and the Ash Heap of Higher Ed History

 (Updated September 14, 2023)

The University of Phoenix (or at least its name) may soon enter the ash heap of US higher education history--and rise again as a state-run robocollege.  But it shouldn't--at least not yet. Once hailed as the leader in affordable adult education for workers entering middle management, it is a shell of its former self--in an economy less certain for workers and consumers. 

With the school's wreckage are approximately one million people buried alive in an estimated $14B-$35B in student loan debt.  

Pattern of Fraud

As of January 2023, more than 69,000 of these student loan debtors have filed Borrower Defense to Repayment fraud claims with the US Department of Education against the University of Phoenix (UoPX). Many more could file claims when they become aware of their rights to debt relief. In the partial FOIA response below, the US Department of Education reported that 69,180 Borrower Defense claims had been made against the school.

In a recent federal case, Sweet v Cardona, most if not all of the 19,860 "denied" cases were overturned in favor of the student loan debtors.  We estimate the smaller number of fraud claims alone to amount to hundreds of millions of dollars.  

Through a FOIA request, we also discovered 6,265 consumer complaints in the FTC database. In 2019, the FTC and the University of Phoenix settled a claim for $191M for deceptive employment claims.  Based on the consumer complaints, we have no reason to believe that Phoenix has changed its behavior as a bad actor. 

On May 3, 2023, six US Senators (Warren, Brown, Blumenthal, Durbin, Merkley, Hassan) called for the US Department of Education, Department of Veterans Affairs, and Department of Defense to investigate the University of Phoenix for launching a new program suggesting that it was a public university.  The letter stated that the school "has long preyed on veterans, low-income students, and students of color."

Wolves in Sheep's Clothing

University of Phoenix's owners could potentially be liable for refunding the US government for the fraud. But as a state-related organization, it may be more politically difficult to claw back funds, no matter how predatory the school is.  

Purdue University Global and University of Arizona Global set a precedence in state-related organizations acquiring subprime schools (Kaplan University and Ashford University) and rebranding them as something better. Whether they are better for consumers is questionable. Phoenix will have to cut costs, largely by reducing labor. Using Indian labor (like Purdue Global) and AI could be profitable strategies.  It's likely that this deal, even if profitable, will add fuel to the growing skepticism of higher education in the US. 

University of Phoenix's Finances

Apollo Global Management and Vistria Group currently own University of Phoenix but have been trying (unsuccessfully) to unload the subprime college for more than two years. Little is publicly known about the school's finances. What is known is that UoPX gets about $800M every year from the federal government, through federal student loans, Pell Grants, GI Bill funds, and DOD Tuition Assistance.

Despite this government funding, US Department of Education data show the school's equity value for the Arizona segment declined significantly, from $361M in FY 2018 to $187M in FY 2021. 

$347M of the University of Phoenix's $518M in assets are intangible assets. Intangible assets typically include intellectual property and brand reputation. The school has $348M in liabilities.  

The University of Phoenix has been reducing expenses by cutting instructional costs, from $70M in FY 2020 to $60M in FY 2021. UoPX spends about 8 percent of its revenues on instruction.

Marketing and advertising expenses are not available, but Phoenix has been visible on the Discovery Channel's Shark Week, CBS' Big Brother, and other television events. ISpot.tv reports that University of Phoenix spends millions of dollars each year on television ads.  On one ad alone, the ad spend from February 2023 to July 2023 was an estimated $3.5M. 

Attempts to Sell UoPX

There have been two known potential buyers for the University of Phoenix: the University of Arkansas System and the University of Idaho. In both cases, the owners required the potential buyers to keep the deal secret until the sale was imminent.  

Fear of the impending higher education enrollment cliff appears to be an important pitch to potential buyers. 

Arkansas, the first target, was in the process of making the deal, and it might have gone through if nit for the voice of one whistleblower and one outstanding investigative reporter, Debra Hale Shelton of the Arkansas Times.

In the case of Idaho, news of the potential deal was publicly noted just one day before the preliminary agreement was made with the Idaho Board of Education. Two other secret meetings were held before that.  

A number of journalists including Kevin Richert (Idaho EdNews), Laura Guido (The Idaho Press), Troy Oppie (Boise State Public Radio), and Noble Brigham (Idaho Statesman) have exposed some of the problems and potential problems with the deal.  In June, Idaho legislators began questioning the acquisition.  

More recently, the opinion editor at the Idaho Statesman argued that the deal may actually be worthwhile

Particulars about the finances are sketchy at best and misleading at worst.  The University of Phoenix is said to include $200M in cash in the deal, but they have not said how much of that sum is required by law as "restricted cash"--money the school needs if the Department of Education needs to claw back funds.  Phoenix also claims to be highly profitable, but without showing any evidence.  

What is known about the deal is that the University of Idaho will have to borrow $685M and put its (bond) credit rating at risk. The school has not identified important information how the bonds would be sold (underwriters, bond raters, date to maturity, interest rate). 

The University of Idaho has created an FAQ to answer questions about the sale, but HEI has identified a number of misleading statements about University of Phoenix's present finances (failure to report the school's equity), potential liability (cost of tens of thousands of Borrower Defense claims), and leadership (lack of background information about Chris Lynne, the President of the University of Phoenix).  These deficiencies have been reported to the University of Idaho and to the Representative Horman. 

On June 20, Idaho Attorney General Raul Labrador filed a lawsuit to halt, or at least slow down the deal. 

The University of Idaho submitted a Pre-Acquisition Review from the US Department of Education, and it may take up to three months before the application is completed. 

As of September 2023, the deal is far from done.  Since this article was first published there have been a number of developments:

On September 11,  US Senators Elizabeth Warren, Dick Durbin, and Richard Blumenthal called on University of Idaho President Green to abandon the sale.  The Senators also asked Green if he had a plan to pay for the Borrower Defense claims, noting that University of Arizona may be on the hook for thousands of claims against Ashford University (aka University of Arizona Global campus).

In November, the Joint Finance-Appropriations Committee of the Idaho Legislature is expected to discuss the issue again.

*The Higher Education Inquirer has made a FOIA request for more up-to-date numbers from the US Department of Education. We have also filed FOIA requests with the FTC. 


Related link: 

How University of Phoenix Failed. It's a Long Story. But It's Important for the Future of Higher Education.

The Growth of "RoboColleges" and "Robostudents"

More Transparency About the Student Debt Portfolio Is Needed: Student Debt By Institution

Borrower Defense Claims Surpass 750,000. Consumers Empowered. Subprime Colleges and Programs Threatened.

Friday, January 15, 2021

Chasing Carl Barney: My 7-Year Fight for Student Justice and Corporate Accountability (Debbi Potts)

It was July 16, 2012 and I called a meeting with all of my staff.  I was the campus director of CollegeAmerica in Cheyenne Wyoming; one of the many campuses owned by Carl Barney. I called the meeting to inform my staff that I was resigning that day. I wanted to let them know before I emailed a resignation letter to Barney and the CEO and COO and left the building.  

The Dean of Education (Linda) also resigned that day because of her concerns about the lack of ethics of the company. My exit was abrupt, and my resignation letter called Barney out on the fraud that his organization is infested with. I left without notice and without a job to go to.

I told my staff that there comes a time in most people’s lives where you cannot put your foot over the line and that day had come for me. I could not put my name on one more enrollment agreement or participate in the fleecing of students.  

This is my story of the 7-year chase of Carl Barney as he levied a brutal, retaliatory, and relentless plan to silence me.  

Who is Carl Barney?

Carl Barney is a college owner who has turned his private colleges into money making machines for the benefit of his own wealth. His schools were a toxic blend of substandard education, outrageously high tuition, and poor outcomes that left students deep in debt with little to no skills or hope for a better future. The demographic of most of the students that were solicited to enroll lacked the ability to succeed; but that did not matter.

Why did I leave the company and how bad was it?

I was so excited to be part of changing student’s lives through education and taking the role of the top administrator of my own campus. Career schools are high priced and fast paced and unfortunately this one was not about the education of students; it was about sales and enrolling students and pulling down as much federal aid as you could to line Barney’s pockets.  As time went on it was evident that the company had no regard for oversight of rules or regulations that guide these types of schools; nor had they ever been held accountable for their blatant contempt.

An associate degree was upwards of $40k and a bachelor degree was $78k! The students were solicited through a hard sell of manipulative sales techniques and the education and equipment left much to be desired. The students struggled in 4-week courses where the mid-term was at the beginning of week 3.  The faculty who were mostly all adjuncts and were paid less than $10.00 per hour considering the time they put into lecturing, grading papers and coaching students who needed remedial help before they could even comprehend the course materials.

The company was “enrollment driven” with unrealistic goals every month of starting new students. It is called “greed” at the expense of education. Barney’s motto was “We do as we please and ask for forgiveness later.” Accreditation standards were violated throughout the entire system and the students were the ones who suffered.

An example of disregard for regulations

Barney could not operate his company by merely offering a quality education and focusing on students; he always had to have a scheme to entice and enroll students, even if it were a violation of accreditation. He rolled out a free services program where he decided to offer a free certified nursing course to the general public including all of the books, supplies and certification.  Sounds amazingly generous..right? Not so fast. This particular course was part of the medical assisting program and Barney believed that once he gave away “free” services, those students would enroll in the full program. The problem was that each of those students had a target on their back and they were heavily recruited to enroll into the full program. There were literally waiting lists of hundreds of potential enrollees across all of the campuses. Barney never bothered to get this stand-alone course approved through accreditation. Since this course was vocational in nature we also were required to track student completion and placement; that never happened.

Accrediting Commission of Career Schools and Colleges (ACCSC), the accrediting agency issued a “cease and desist” of these programs, leaving hundreds and hundreds of students hanging and angry and disillusioned. Campus directors were left on their own to try to explain this deplorable situation to our unsuspecting victims.

What happened next?

Linda and I immediately contacted the Wyoming and Colorado Attorneys Generals offices in order to divulge the numerous issues of consumer fraud that we had witnessed. 

I received a personal phone call from Barney a day after my exit. He was definitely on a fishing expedition that was intended to figure out what my plans were moving forward. In that conversation I reported to Barney that the company had owed me $7,000.00 for earned but not paid bonuses. He assured me that he would look into my unpaid bonus. Days went by and I decided to file for lost wages through the Wyoming employment labor board.

On July 21, 2012. I received an email from Barney, and it contained a document entitled “Saying Goodbye” which outlined his theory that you can tell a great deal about the character of people by the way they say goodbye. Additionally, he spewed that he hoped that I had filed a written report within the organization with my concerns about the fraud allegations or I was now a contributor to these allegations of fraud!  

I received my bonus in exchange for signing a contract to not disparage the company.

During the months that followed, I was in direct contact with the Attorneys General. In a LinkedIn communication with a former employee of the organization and I asked him to cooperate with the Attorneys General. The employee turned on me and turned the correspondence into Barney. I was sued for an alleged violation of the contract. I represented myself over a two-year period and wrote 75 legal motions to defend myself.  I filed a charge with the US Equal Employment Opportunity Commission (EEOC) who took a case against them on my behalf. 

It was around that time that I met an attorney from Salt Lake City, Utah who had been enjoined by the US Department of Justice in a qui-tam action with several former employees of Barney’s Utah schools because Barney was illegally paying bonuses to admissions recruiters.

Mr. Bandon Mark, this attorney took my case pro-bono and followed me through depositions and court hearings for several years for the lawsuit, while EEOC pursued Barney in federal court.

The entire purpose of this retaliation by Barney was to punish me and intimidate me into silence…it did not work!  The more relentless he became, the more the fraud became public, he would not agree to settle anything, and neither would I.

In May of 2019, a jury of 6 people in a two-day trial awarded Barney $1.00 (instead of the $7,000.00 bonus he was trying to recoup). This was the least amount the jury could give! 

The Colorado Attorney General’s office testified on my behalf as an optic to show the jury what this malicious lawsuit was really about. As icing on the cake, EEOC forced Barney to never enforce the illegal contract they had issued me. The contract violated public policy by requiring me to not contact any governmental agencies with grievances against Barney or his schools. 

What started out as Barney attempting to make an example out of me for speaking the truth about the fraud in his schools actually opened the doors for me to spend 7 years chasing him.

As a result of this chase, I have been deposed numerous times including a 6-hour videotaped deposition all the while his attorneys spewed venom in my face in an attempt to intimidate me. I was scorned publicly in courtrooms for being a whistleblower…none of that mattered.

Barney’s feeble attempt to stop me from bringing truth forward only made the chase more enticing and his fury caused him to make many mistakes including spending hundreds of thousands of dollars in legal fees against me.  His desire to make me pay only served to make public what he had tried to stop me from saying! 

Fruits of my chase:

At the trial where Barney sued me in May 2019; the courtroom was filled with people who got to hear the fraud that Barney had tried to keep silent by suing me! This is in the community where I reside, and community members are now aware of the fraud.  

On August 21, 2020, a Colorado Court issued a fraud finding against Barney in a lawsuit where the Colorado Attorney General was the plaintiff, and I was the whistleblower.  

I have interviewed with US Department of Justice for an upcoming trial against Barney for illegal bonuses.

I have filed numerous complaints with their accreditor. (ACCSC)

I have interviewed with Veterans Education Success as part of their petition to the VA to cease funding to Barney’s schools.

I have participated in a podcast about my whistleblowing story with Heidi Weber who was responsible for the demise of Globe University with her whistleblowing efforts of their fraud. 

I have personally filed a complaint with the Department of Veterans Affairs, Office of Inspector General (VA-OIG). 

I have interviewed with the Consumer Financial Protection Bureau (CFPB) and provided information regarding their investigation of loan fraud regarding Barney’s schools. 

My story has been covered and publicized by David Halperin in Republic Report. Not just once, but twice

I have also been interviewed by David Halperin in Republic Report

 

Indeed …Barney’s schools are in peril

The following are on-going actions of great consequence:

·       The company is on probation with ACCSC and serious question are pending regarding the ability of Barney’s schools to continue to operate as a result of the Colorado Attorney fraud finding.

·       The Consumer Financial Protection Bureau (CFPB) is awaiting a court decision to move forward to compel documents related to loan fraud.

·       The US Department of Education in tandem with some former employees are in the “discovery stage” of litigation regarding illegal bonuses Barney paid to recruiters.

·       Senator Richard Durbin of Illinois has petitioned the United States Department of Education to look at the possibility of suspending federal funds to Barney’s schools.

·       Due to declining enrollment, the lion’s share of Barney’s brick and mortar schools are closed, leaving only an online school platform which has its own issues with ACCSC. 

I will continue the chase wherever and whenever I can be helpful in fighting the fraud of Carl Barney in order to prevent more students from being harmed.