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Shorb
Interview & Missing Documents
Links
below
I
allege:
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This is Prescott College:
Following my April 11, 2007, interview where I presented 100 exhibits,
438 pages, of college emails, letters, records that explicitly showed
dozens of deceptive, misleading, and false statements by Dr. Paul
Burkhardt, Mr. Terril Shorb, Dr. Jeanine Canty, and Mr. James Armstrong,
esq., Dr. John A. Nixon, the "independent expert" interviewer
did a follow-up, "fact-finding," interview with Mr. Shorb.
Dr. Nixon did not ask about the evidence, which I showed him and
discussed, document by document, and left with him. And he unquestioningly
accepted patently false assertions and omissions by Mr. Shorb. For
example:
Mr. Shorb said in the interview that he and his colleagues drafted
my curriculum after I had completed my
coursework and used it retroactively to create the credit awards
and transcripts that I dispute, with other college documents and
records. Although that is a fabrication, if it were true: 1) I never
saw that curriculum. 2) I was unaware of it. 3) I never approved
it. 4) There are no documents referring to it. 5) It would have
been drafted in breach of my signed contracts, which refer to the
actual approved curriculum that I included in my complaint and presentation.
6) Mr. Shorb suggested he had it--in the box of "thousands
and thousands and thousands of pages"--but it was never included
with any of the college documents. 7) Mr. Shorb claimed that the
college can alter any document at any time, even after the fact.
Dr. Nixon is a "education expert," he should have immediately
challenged Mr. Shorb's statement as a violation of ethics as well
as of FERPA.
As an education expert, Dr. Nixon would have recognized the illegal
(FERPA) disclosure of protected financial information made by Dr.
Garvey and Dr. Burkhardt, and with Mr. Shorb's review and approval,
March 30, 2006. He never asked Mr. Shorb about it.
Rather than "document dependent," the college's approved
tactic is on clear display: Mr. Shorb maliciously
defamed me, as he and Dr. Burkhardt had
two days before (see examples),
in order to discredit anything I might
have said or shown. Dr. Burkhardt and Mr. Shorb claimed to have
"thousands and thousands and thousands of pages" that
perhaps support their allegations, but: 1) they left the interview
with the box of what they asserted was material evidence; 2) what
documents they left or faxed were lost, destroyed, or concealed
from the ASBPPSE by Dr. John Nixon, record;
3) Mr. Michael Rooney, the college's attorney, implied that Dr.
Burkhardt and Mr. Shorb did not leave with material evidence because
it wasn't material evidence, they had misrepresented the contents,
"a bit of an overstatement" (see discussion).
Please note, that Dr. Nixon did not record the first "35 minutes"
of the interview. What was said? What might have been agreed to
between them? It is clear from the interview that Dr. Nixon had
no interest in asking about any of the evidence I had shown him;
and he unquestioningly accepted Mr. Shorb's unsubstantiated assertions--most
of which Dr. Nixon had seen explicit evidence (college records,
emails, letters) to the contrary.
Based on the this interview it is clear that Mr. Shorb faxed documents
to Dr. Nixon. However, the August, 2007, ASBPPSE Document
File Record shows that the documents Mr. Shorb sent to Dr. Nixon
pursuant to this interview were lost, destroyed, or concealed from
the ASBPPSE itself by Dr. Nixon. Why? This is a pattern of Dr. Nixon's
"impartial" "expertise":
Dr. Burkhardt and Mr. Shorb brought a box of "thousand and
thousands and thousands of pages" of material evidence: coursework
drafts, curriculum drafts, altered transcripts, evaluations, see
PDF of April 11 Interview. (Mr. Michael Rooney,
esq. said that Dr. Burkhardt and Mr. Shorb had misrepresented the
contents of the box to Dr. Nixon in their recorded interview, June
6, 2007 memorandum. A misrepresentation that Mr. Rooney failed to
correct.) In that interview, Dr. Burkhardt gave documents to Dr.
Nixon. The August, 2007, ASBPPSE Document File Record shows that
the documents were lost, destroyed or concealed from the ASBPPSE
itself by Dr. Nixon. Why?
MP3
(58MB): "Followup Phone Interview w/Terril Shorb 4/13/07"
also
PDF:
Shorb/Burkhardt April 11, 2007 Interview
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Malice: Definition - Noun
1 a : the intention or desire to cause harm (as death, bodily injury,
or property damage) to another through an unlawful or wrongful act
without justification or excuse
b : wanton disregard for the rights of others or for the value of
human life
c : an improper or evil motive or purpose <if ~ cannot be proved
or a benign purpose can be imagined David Kairys> Actual
malice [lawyers.com]
Actual Malice :Definition
1 : malice proved by evidence to exist or have existed in one that
inflicts unjustified harm on another: as
a : an intent to injure or kill
b : See also malice
2 a : the knowledge that defamatory statements esp. regarding a
public figure are false
b : See also reckless disregard of the truth
see also public figure New York Times Co. v. Sullivan in the Important
Cases section [lawyers.com]
Defamation: Definition - Noun
1 : communication to third parties of false statements about a person
that injure the reputation of or deter others from associating with
that person
see also libel slander New York Times Co. v. Sullivan in the Important
Cases section
compare disparagement false light slander of title
2 : a defamatory communication <every repetition of the ~ is
a publication W. L. Prosser and W. P. Keeton> [lawyers.com]
Approved: Dr. Burkhardt accompanied Mr.
Shorb April 11, 2007, and they were interviewed at the same time
by Dr. Nixon. He clearly approved what Mr. Shorb said and made false
statements himself. Dr. Garvey approved false statements, April
4, 2006, cover letter. Dr. Canty and Mr. Shorb signed false declarations
asserting the truthfulness of statements by Dr. Burkhardt that they
knew were false. The Board of Trustees (Richard Ach, Betsy Bolding,
Dan Boyce, Dan Campbell, Anne Sterling Dorman, Chris Hout, Jan Nisbet,
Rebecca Ruffner, Jerry Secundy, Paul Sneed, Judy clap, Asha Stout,
Alan Rubin, David McCarthy, Karen McCreary, Suzanne Tito, and the
new trustees David Meeks, and Suzanne Pfister) saw my documented
complaint (July 11, 2006), knew that Dr. Garvey, Dr. Burkhardt,
Dr. Canty, Mr. Shorb, and Ms. Mary Trevor had all made false statements
to the state board (February 6, 2007). According to Mr. Mark Goodman,
esq., the college's agent of record, trustees are personally responsible
for the actions of the institution. Mr. Michael Rooney, the college's
attorney hired to deal with me, knew the evidence, knew the content
of the interviews, knew the falsehoods and defamations, and permitted
them to remain uncorrected. If agents of the college made knowingly
false statements of material fact to state and federal agencies,
if those falsehoods were made with the knowledge of the college's
attorneys, administration, and trustees, if when brought to their
attention and given their fiduciary and ethical duties to not permit
fraud, etc., what else can one assume other than these actions were
fully approved.
Defamations: Dr. Burkhardt and Mr. Shorb
falsely attribute actions and words to me that mischaracterize me
as a paranoid, manic, anti-social, schizophrenic, recluse (see discussion).
I can prove they are false. But, once someone says, as they did,
Mr. Mendelson claims he was in national security, but that's
all secret. Of course it's all in his head, he writes blizzards
of papers, drafts and drafts of confused stuff. Who would believe
anything I say? Who would take the time to look at the evidence?
And when I produced, at Dr. Nixon's request, all my documents and
records, three crates of papers, with a prepared text, including
keys to each of 100 exhibits, I was simply showing him that the
college's characterizations must have been correct. The absolute
defense against defamation is the truth: Mr. Shorb and Dr. Burkhardt
have no evidence (see Responses).
All of my complaints have been fully documented with college records,
transcripts (see, for example, Presentation).
FERPA: Family Education Rights and Privacy Act
ASBPPSE: Arizona State Board for Private and Postsecondary Education
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