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RANDY CHAPEL
P.O. Box 1050
Boulder Creek, CA 95006
Cell: 831/331-9653
Email: randychapellegal@gmail.com

In Pro Per

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
RANDY CHAPEL,

Plaintiffs,

vs.

UNITED STATES DEPARTMENT OF
EDUCATION,

Defendants.

CIVIL NO. C 11 04344 PSG



AFFIDAVIT OF CAROL NYE-WILSON IN
SUPPORT OF RANDY CHAPELS RESPONSE
TO DENY DEFENDANTS MOTION TO
DISMISS



I, Carol Nye-Wilson, am seventy-one-years-old, and I am the mother of the Plaintiff in the
above referenced matter. I make this declaration of my own personal knowledge and my own free
will including the following:
DEALING WITH THE DEFENDANTS HISTORICALLY
1. I have personal and first-hand knowledge about the document evidence the U.S.
Department of Education (Department) has historically withheld under the direction of and since
the time of Margaret Spellings (Spellings), and with the involvement of other employees of the
Department under her direction, including Chuck Mula (Mula). They have withheld documents,
they created false records, and they have made intentional misrepresentations to the Court and to
the public continuously since Spellings was Secretary, and the administration of Arne Duncan
(Duncan) has continued acting to cover up the historical failures and mismanagement of the
Department.
2. This all relates to an underlying lawsuit filed in 2003 by my son, Randy Chapel
(Randy), against Western Seminary (Western) to which I was not a party. That lawsuit was
filed in Santa Clara County Superior Court as Randy Chapel v. Western Seminary, Gary Tuck
(Tuck), Steve Korch (Korch), Lynn Ruark (Ruark) and Debbie Brumbaugh

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(Brumbaugh), and Does 1 through 50, Case No. 1-03-CV-814749. The Second Amended
Complaint For Damages and Injunctive Relief Petition for Writ of Administrative Mandamus had
numerous causes of action including: Breach of Educational Contract Matthew 18; Breach of
Employment Contract - Matthew 18; Breach of Educational Contract - Educational Records;
Breach of Employment Contract and Implied Right under Labor Code section 1198.5; Breach of
Educational Contract and Related Employment Contract; Misrepresentation including Violation of
Statute; Termination of Rights to Education in Violation of Public Policy Discrimination;
Retaliation; Privacy and Due Process Rights; Termination of Rights to Third Party Beneficiary
Contract; Termination of and Violation of Rights to Education in Violation of Statute - Unruh
Civil Rights Act and Education Code; Termination of Rights to Employment in Violation of
Statute; Termination of Rights to Employment in Violation of Public Policy; Defamation Against
All Defendants; Invasion of Privacy - dissemination and false light; Intentional and Negligent
Infliction of Emotional Distress; Wages and Hours Violations; Unfair Business Practices and Writ
of Mandate against Respondent Western Seminary. Those defendants were unable to successfully
throw out the case and the case was set for trial. Due to Ruark being sick, which is now known to
be related to the false and misleading statements he and others made to the U.S. Department of
Education, Office for Civil Rights concerning a complaint my son filed in 2005, the trial was
moved to March 2006.
3. I stood beside my son to be a support during tough times while Western, Tuck,
Korch, Ruark, President Bert Downs (Downs), Academic Dean Randy Roberts (Roberts ) and
Registrar Rob Wiggins (Wiggins ) did everything possible since 2002 to eviscerate my son to
the point that he nearly killed himself due to their hypocrital and dysfunctional religious rhetoric,
threats, and coersive pressures perpetrated against my son that we learned from professors and
another student was their standard modus operandi. I am aware that the Defendant continues
attempting to cover up these facts by removing public information about it and how it is linked to
my son and Spellings. (See Randy Chapels declaration).
4. On September 10, 2005, I picketed Westerns Los Gatos campus after Downs
wrote a newsletter that defamed my son and applauded Korch, who years ago molested a child in
his youth group and concealed it all those years until his victim saw articles about him on my
website. She (Jane Doe) gave us Korchs email confession that Downs testified he saw in April
2002, but later could not explain the contradictory evidence he claimed was true and his purported
involvement. Like the current Penn State scandal, various Western administrators, including

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Downs and Korch concealed facts from the public, churches, students, donors, and from Westerns
2002-2003 Self Study for ATS and NWCCU in order to remain accredited and eligible for Title
IV funds. Korch concealed the molestations from Westerns employment interviews in 1999 as
well as from the 1999 ATS Visiting Team Chairman, Loyde Hartley. The misrepresented integrity
of Westerns governance in those documents is locked in the foundation of Westerns
accreditation and was and continues to be at the center of the issues in this case and that of a
Federal Torts Claims Act case currently in administrative review.
5. In December 2010, due to my sons previous FOIA 11- 00068-F, we learned about
intentional misrepresentations by Western, Ruark, Wiggins, Roberts, Downs, and the board to the
Office for Civil Rights regarding Westerns non-compliance with Section 504 during a federal
investigation in 2005 (18 U.S.C. 1001). Ruark backdated documents (Ca Penal Code 134) in
order to claim Western was in compliance with Section 504 for at least five years in order for
Western to continue its eligibility for Title IV funds. We learned on Dec 2010, the OCR failed to
thoroughly investigate Westerns false records in spite of Randys complaint that Western was
known to backdate and create false records. In the Strategic Plan for Fiscal Years 2007-2012, the
Defendant claims, The Department places high priority on ensuring financial accountability
and increasing program integrity in federal student aid programs. Continual improvement of
financial controls, oversight, and monitoring procedures will ensure adequate program
safeguards against fraud, waste, abuse, and mismanagement. In reality, the Defendant is not
interested in the detection and prevention of waste, fraud, abuse, and criminal activity involving
Department funds, programs, and operations. Conversely, the Defendant agrees that settlement
agreements by schools can be used as a means to gag students and family members from
informing the government of institutional foul play. The Defendant further agrees quality and
accredited education can be linked to covering up waste, fraud, abuse, and criminal activity
involving Department funds, programs, and operations such as in the case with Randys education.
6. After three and one-half years of litigation, the Western defendants offered a
settlement. I was coerced into the settlement agreement that included educational services and
instruction for Randy concerning two masters degrees that are NOT State approved, nor is there
approval under 34 C.F.R. 602 criteria. The education and the contract actually violate federal
regulations, federal laws, state laws and major judicial decisional cases. Westerns approval
Certificate to operate in California requires the school to offer only bona fide instruction. The
contract was induced under causes of fraud and several conflicts of interest. I was included into

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the settlement agreement because I supported my son and because I protested Western and
Korch. I was not present at negotiations for the settlement, and I did not participate in those
negotiations or have an attorney to protect me or my property. I was railroaded and coerced
into the settlement to cover up what the defendants had done as the only way Randy could
receive an education.
7. The March 14, 2006 Settlement Agreement and Mutual Release held that Randy
would receive an education and $300,000, with $275,000 at settlement and $25,000 when he
finished his second degree. The overall case cost more than $360,000, and caused Randy to have
to mortgage his house, land and things to pay for the ligation with a promissory note to me against
his property.
8. The Settlement Agreement and Mutual Release modified 100% of Randys
education including his accumulated 81 masters degree credits and the additional credits he
needed for two so called accredited degrees. Randys 78 Divinity credits and the additional 12
credits were conditionally offered with changed degree standards and objectives for Randy to
complete his Masters in Divinity degree, and required Randy and me to be forever gagged about
Korchs sexual misconduct with an underage girl, to never complain to the government, to dismiss
prior complaints to the government, to not speak to anyone about the fraud, and to never release
any information or evidence we learned in the underlying case, and Randy had to submit to
arbitration, among other things. We learned after the fact, that the Western defendants, also used
the Settlement Agreement and Mutual Release as a means to cover up a $25,000 off the books
payment for Korch to prevent the IRS and California Franchise Tax Board from learning of his
income or benefit. We also learned after the fact, that the Western defendants used the Settlement
Agreement and Mutual Release as a means to cover up intentional misrepresentations to the
Office for Civil Rights regarding Westerns non-compliance with Section 504 during the federal
investigation in 2005 (18 U.S.C. 1001) that included backdating Section 504 form documents
(Ca Penal Code 134) that Ruark claimed complied with Section 504 and were used for at least
five years, but had not been published. In 2005, Ruark testified under oath Western had no
Section 504 forms, and no Section 504 forms were used by Matt Tuck. Ruark willfully
misrepresented these facts during a federal investigation in order for Western to continue its
eligibility for Title IV funds. We also learned after the fact, that the Western defendants used the
Settlement Agreement and Mutual Release as a means to cover up their ongoing conflict of
interest relationship with ATS to deliberately harm us, in violation of 34 C.F.R. 602.15. Even if

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Randy earned the Divinity credits, he had to comply with all of Westerns threats in order to
receive the Masters of Divinity degree. On December 8, 2006, Roberts concealed from ATS the
threats of financial vengeance by Western in the Agreement that violated Westerns Articles of
Incorporation, Westerns mission, and CEC 94832(l) that dramatically changed the standards
and objectives for the Masters of Divinity degree Western offered to Randy. Those
unconscionable and unlawful demands also violated ATS Standard 2.2 that required law
compliance, and NWCCUs requirement for compliance with Articles of Incorporation that
require law compliance as Down testified on February 3, 2010.
9. In order for Randy to receive a Masters of Theology degree, he had to comply with
all the same required gagging that was required for the Masters of Divinity degree, including he
could not complain to the government and had to dismiss prior complaints to the government, he
had to cover up Westerns unconscionable demands and threats related to his Divinity degree as a
means for Randy to enter into the Theology degree program where he remained gagged. Unfairly
causing a student to not complain to the government violated CEC 94832(l) and was a crime
according to CEC 94834(a). In short, the Western defendants intended to cause Randy and me to
be accomplices to their fraud against the government, the state, the donors giving money and the
community. The University of Edinburgh noted this against Randy as Randy struggled to tell the
University of Edinburgh in 2009 what was really going on with the academic fraud surrounding
his masters degree. It was the University of Edinburgh that actually blamed Randy for the fraud,
rather than blaming Western whose administrators willfully crafted the fraud.
10. Shortly after settlement, the Western defendants in-house attorney, Jonathan
Radmacher, and Westerns hired attorney, Linda McPharlin, specifically to threaten and berate
Randy on June 16, 2006, to add verbal coercion to the Agreements threats intending to prevent
Randy from graduating with a Masters of Divinity degree. On January 18, 2007, Radmacher
threatened Randy could not earn his education or receive the last $25,000 owed to him unless
Randy complied with Westerns new demands that changed the Agreement. Offering to pay a
student for taking courses for a degree violated CEC 94832(f) and was a crime according to CEC
94834(a). Westerns interest was not in nurturing [Randy] a godly leader, or restoring Randy,
or Randys education. Westerns interest was for no one to find out their criminal enterprises
against Randy and me, and their continued pressures and threats against Randy. Randy once again
had to hire an attorney to deal with this, which led to asking additional questions in 2007 when
things simply did not add up after ATS and Western told us the degree program was fine. This led

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to a second and third lawsuit. Randys case was sent to arbitration, and my case was not. It was
during this second round of litigation that the Defendants became involved and destroyed Randys
life, future and his marriage. I was in agonizing pain when Randy disappeared in 2010 intending
to fatally harm himself because he saw no hope after a perfect storm of multiple corruptions
collided upon him.
11. In April 2007, Spellings directed the Department to investigate complaints made by
my son and myself. Cheryl Oldham (Oldham) was the Acting Assistant Secretary for the Office
of Postsecondary Education (OPE) at the Department during the investigations of our complaints.
Nancy C. Regan (Regan) acted as the Director of Accreditation and State Liaison (ASL). Ms.
Griffiths (Griffiths) acted as Accreditation and State Liaison Chief, and Mula acted as Chief
Investigator for the Accreditation Agency Evaluation Unit (AAEU) for the ASL.
DEPARTMENT LETTERS, INVESTIGATIONS, AND CITATIONS
12. In April 2007, Spellings requested the ASL to investigate ATS and NWCCU.
Shortly after that, Mula began his investigation and contacted my son and me. Over the course of
1! years, Mula, Randy, and I exchanged documents and communications. As of this current
instant action, many records continue to be unaccounted for that occurred between Mula, Randy
and myself most important are the records that contain information regarding the failures of the
accreditors to enforce their policies and standards (which are regulated) and for Western to live up
to those regulated and published policies and standards, and Mulas statements that he and the
Department did not like the Agreement requiring Randy to do certain non-academic things in
order to have the benefits of his education. Mula told me he had an entire file drawer full of
documents on our cases. Randy and I have elected to simply list the remaining documents that we
know the Defendant has failed and refused to turn over concerning these communications between
Mula, Randy, and me as a gesture of good will before the Court, and to demonstrate what those
unproduced documents have in common as the Defendants reason for either withholding or
destroying them in obstruction of justice and in violation of state and federal laws. The
Defendants have my list of unproduced records that they made no attempt to correct the list or to
produce the missing records, and they continue to insist that all records have been produced. (See
Randy Chapels declaration).
13. Up to that point in 2007, and afterward, Western, ATS, and NWCCU collectively
refused to produce any documents to show approval or accreditation related to the Master of
Theology (Th.M.) degree program offered in the March 14, 2006 Settlement Agreement and

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Mutual Release as required by law. The excuse given to us by NWCCU and ATS was that they
do not address complaints or produce any information if lawsuits are involved it is questionable
how Congress intended accreditors to refuse to produce materials requested by the public as a
matter of public policy. See 34 C.F.R. 602.23(a) The agency must maintain and make
available to the public written materials describing However, Randy only resorted to filing a
lawsuit on March 26, 2007 because the school and accreditors refused for a year to provide
approval and accreditation information concerning the Th.M. degree program which was the
genesis of issues at the time. My lawsuit was filed on June 29, 2007. ATS and the Defendants
continue to refuse to produce records, including policies and procedures as sought in the instant
action to this day.
DEPARTMENT LETTERS, INVESTIGATIONS, AND CITATIONS
14. On June 22, 2007, ATS wrote me a letter that claimed on rare occasions schools
can make individual exceptions to ATS standards for advanced degrees. Griffiths told us the
Department was concerned about the lack of transparency and lack of communications with us by
ATS and NWCCU. 34 C.F.R. 602.23(a), 34 C.F.R. 668.43(b) and 668.71 requires agencies to
tell students and the public the details about accreditation and approval, and to not make
misrepresentations.
15. By Jan 2, 2008, the ASL stated the following determinations, We have already
determined that the criteria related issues with NWCCU and ATS are their failure to
satisfactorily address your complaints, and their failure to comply with the Secretarys
Substantive Change requirements. Mula was referring to 34 C.F.R 602.23 and 34 C.F.R
602.22. Mula would once again note this to Kevin Ford in June 17, 2008, adding, We are
working with both ATS and NWCCU to make sure that they have complaint policies and
substantive change policies that are in compliance with the Secretary's Criteria. This is being
done as a direct result of Mr. Chapel's complaint. Subsequently, the Defendants would deny that
neither NWCCU nor ATS were out of compliance with 34 C.F.R 602.22, while at the same time
claiming they dont have the records requested in the instant action. (See the Declarations by Jill
Siegelbaum, and Randy Chapel). The Defendants position contradicts additional evidence and
the November 13, 2008, Roberts deposition where he testified that NWCCU had recently changed
its A-2 policy for substantive change ( 602.22). ATS was not compliant with 34 C.F.R 602.22,
and the NACIQI forced ATS to become compliant with twenty regulation failings and many ATS

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failed policies. The Defendants continue to deny any wrongdoing, their ongoing cover up with the
accreditors, and that ATS and NWCCU were out of compliance in 2008.
16. On May 8, 2008, the U.S. Department of Education issued citations to ATS and
NWCCU for their non-compliance with 34 C.F.R. 602.20 and 602.23, but failed to cite them
regarding 34 C.F.R 602.22 non-compliance, knowing that such citations would have led ATS
and NWCCU to be added to the two pending lawsuits my son and I had at that time.
Undersecretary Diane Auer Jones noted in her citations to ATS and NWCCU that their refusal to
address our complaints because of litigation, prolonged expensive litigation for us. However, due
to the actions of the Defendant, both litigation cases continued for two more years, and litigation
will now continue well into the 2012 presidential election year.
17. In May 2008, both ATS and NWCCU were required to write new complaint
policies that allowed them to address complaints even when complainants had filed litigation,
while the 34 C.F.R 602.22 violations were sweep under the rug and covered up by the Defendant
at the expressed interest of ATS, NWCCU and Westernwith tax dollars. At that time, Mula
required ATS and NWCCU to then go back and address our complaints that ATS and NWCCU
had rejected. ATS and NWCCU quickly wrote determination letters that involved NO
investigation of material facts of Westerns violations in 2006, and neither ATS nor NWCCU
consulted us about Westerns law violations against us. ATS wrote letters on June 12, 2008, July
18, 2008, and July 21, 2008 that omitted our material evidence of facts and ATSs published and
regulated policies, and they omitted 34 C.F.R. 602 requirements. NWCCU wrote a letter dated
July 17, 2008 that demonstrated absolutely no investigation of material evidence, they omitted
their own policies that existed in 2006, and did not comply with 34 C.F.R. 602 requirements for
oversight. It would be later learned due to Nye-Wilson v. Education, Department of, United
States, Margaret Spellings and Does 1 20 Hawaii District Court, Case No. 1:2008cv00498
that NWCCU had actually participated as an actor or puppet for the Defendant against Randy
and me, after taking instructions by Mula over the phone and through email along with the
involvement of the Office of General Counsel. Defendants denied the existence of any records
regarding those communications, and Mula stated under penalty of perjury in his December 18,
2008 Declaration for my FOIA lawsuit, ..the Department does not maintain records of these types
of verbal requests. However, because my FOIA case settled, it was actually Mula who forwarded
records to me between himself and NWCCU between July 23, 2008 and July 29, 2008 that he and

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the employees of the Defendant had been withholding from me since 2008. Again, the Defendants
continue to deny their wrongdoing and cover up with the accreditors and/or Western.
18. Our attorney at the time, John Hannon, Randy and myself demanded the
Department fix what they had done because the ATS and NWCCU determinations demonstrated
their collusion with Western, there was no evidence from the Defendants, ATS, or Western to
support what was claimed as an exception or understanding that Western could do, and they
still had not given oversight according to published accreditation policies and 34 C.F.R. 602.
The Defendant refused then to enforce 34 C.F.R. 602, and continues the same to this day.
19. Mula was angry about those ATS and NWCCU letters, because the agencies still
were not complying even after they were cited. Mula told us he was going to require ATS and
NWCCU to do thorough investigations. He said the Department believed ATS and Western
were incestuous (corruptionnot sex). We would learn that because the Department was afraid
we were going to sue the accreditors, Mula asked for emergency phone talks with them. On July
17, 2008 at 7:40 AM PST Randy called Mula from the Santa Cruz Diner on my cell phone, and
Mula told us the Department was going to have a telephone conference call on July 28, 2008 to
require NWCCU to do a thorough investigation that would result in the old letter being replaced
by a new letter. On July 22, 2008 I called Mr. Mula as he requested. He said he would be telling
ATS to do an investigation and that he had concerns about the ATS July 18, 2008 letter (that was
copied to Mula and Joyce Jones of the USDE). He said, The Department does not think ATS
took time to review the courses before Western Seminary offered them in the settlement
agreement. He said, NWCCU put aside their old policy and letter [July 17, 2008], and did
nothing. Regarding Western Seminary he said, We dont think Western Seminary
approached ATS formally for approval. On July 24, 2008 Mula stated in an email, I would
like to talk to you. May I call you tomorrow morning? If so, please let me know how to reach you.
Thank you. On July 25, 2008 Mr. Mula asked us to send him a copy of the entire settlement
agreement Compare and Contrast to give to ATS and NWCCU, and Randy sent him both. Mula
told me not to send our Compare and Contrast document to NWCCU for their investigation. He
said, Theres been no reason before for this ad hoc approval. We are making them [ATS
and NWCCU] continue investigations. A lot was not approvedthe settlement agreement is
an unenforceable document. State courts cannot force a student to take an unapproved
program. However, in the current instant action, Defendant has failed to turn over all these
documents, including the various documents, notes, etc. regarding the two phone calls to NWCCU

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and ATS and most importantly, the records concerning the use of NWCCU as an actor in the July
2008 time frame.
20. On July 28, 2008, Mr. Mula told us the Department met by phone conference with
four NWCCU representatives, and he told us the letter from the NWCCU Chairman (July 17,
2008) was based on the old NWCCU policy and it was not based on the new NWCCU policy.
We told them they must step back, do a thorough investigation, and then write a new review that
would be sent to Randy. He said the Department is asking NWCCU to respond regarding 3
questions: (1) Did Western Seminary supply substantive change information to NWCCU? (2) Was
the substantively changed Th.M. program approved by NWCCU policy? (3) Did Western
Seminary have the right to provide the substantive changed ThM program? We know Western
Seminary didnt follow the accreditation policies it is required to follow. Mula assured us that the
Department did not approve of ad hoc approvals, and that whether or not a program was provided
for 1 or 100 students, there had to be a written approval document on record by the agency [in
compliance with 34 C.F.R. 602.15]. He said ATS told him Western asked for approval of the
Th.M. degree program in our contracts, and ATS approved it, but Jeremiah McCarthy of ATS had
not showed him any approval document. He said if there was no approval document he would cite
ATS.
21. Mula wrote Randy an email that stated if an agency has 2 policies, one published
and one not published, and if a degree was not approved according to the published policy, then
the Department would consider the degree is not approved. It was senior Spellings administrators
who placed non-published, non-regulated policies in priority over published policies.
22. Mula told us the NWCCU new determination letter would set a precedent to show
ATS how to correct its determination and communications. Mula said NWCCU was working for
the Department, and NWCCU would do a thorough investigation and write a new review, which
would be sent to Randy, and that NWCCU would answer all of Randys questions. NONE of
Mulas promises to us happened; rather, NWCCU wrote a letter that was guided by the
Department to be used in litigation by Western against Randy and me.
23. On July 29, 2008, Mula stated, We have asked them [NWCCU] to respond
directly to you and us, not to Mr. Hannon. We will ask them in a separate letter to answer
questions we have regarding your complaint and to determine if Western Seminary was in
compliance with NWCCUs substantive change policies. Mula stated he was asking ATS to
thoroughly investigate Randys complaints, but Mula did not state he was asking ATS to

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determine if Western was in compliance with ATSs substantive change policies because ATS had
none. On July 11, 2008 and again on September 29, 2008, John Hannon asked ATSs attorney,
Tom Johnson of K&L Gates, for a copy of the ATS substantive change policy and for an approval
document, that Johnson never eventuated. The ATS July 18, 2008 and July 21, 2008 letters claim
approval via vapor understandings on rare occasions for which ATS has no written,
published, or regulated policy and continues to this day refusing to produce the so called policy
that ATS claims is the determining existing factor. Western Seminarys President Roberts
testified on November 13, 2008 that ATS has no written policy for understandings or
exceptions for rare occasions, and the Th.M. degree program contracted to Randy [and
me] does not meet ATS Standards. He said it sets a precedent [for the nation]. ATS
continues to deny this and refuses to produce any record it claimed before the Defendants in
2008 as true (18 U.S.C. 1001). That precedent endangers the integrity and legislative intent
of 34 C.F.R. 602. The public welfare will be harmed if predatory schools and accreditors are
allowed to willfully defraud students and families by such offerings with the help and cover of the
Defendant.
COMMUNICATIONS, DEBRIEFINGS, ENFORCEMENT, POLITICS, AND FOIA
24. Mula told us there were strong political pressures behind the scenes that were
involved in the Departments decisions on our complaints and enforcement regarding ATS and
NWCCU. In a thread of emails between Mula and Randy beginning July 29, 2008, to July 30,
2008, Mula stated We do have concerns that the settlement agreement is requiring you to
perform non academic task, that the Department considers questionable, in order to receive
the benefits of your educational program. Meanwhile, John Hannons letters (July 11, 2008
September 29, 2008) to ATS and Tom Johnson of K&L Gates (copied to Mula) memorialized the
fact that ATS refused to provide us a substantive change policy or an approval document for the
Th.M. program offered in Paragraph 1(e) of the settlement agreement. Mula told me to send him a
list of questions to give to the Office of General Counsel, which I did and no one ever answered
my questions. Up through August 8, 2008, Mula still claimed he was sending letters to ATS and
NWCCU to require ATS and NWCCU to do thorough investigations. However, we never
witnessed evidence of thorough investigations by any of them, including the Defendants.
25. Then Mula and Griffiths suddenly disappeared for almost two monthsmid-
August to the end of September 2008. No one in the Department replied to our phone calls or
emails. We now know due to the records produced by the Defendant finally and only weeks ago,

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that by October 2008, the Office of General Counsel sent our a Memo to cut off
communications to Randy, Hannon, and mein direct obstruction of justice and our civil rights.
We now know due to the current FOIAs that in fact, Mula was telling us the truth regarding the
strong political pressures behind the scenes as the Office of General Counsel and senior
Department officials had taken over everything and were manipulating the players. We now know
that the Office of General Counsel told employees of the Department to cease speaking to Randy,
our attorney, and me, and to disregard anything and everything we sent. In effect, by 2008, the
Defendants had set Randy on an engineered path of total destruction of his life, future and
marriage. This has now happen and the damage cannot be undone.
26. As one of his final acts, Mula had written and told us that NWCCU would be
sending Randy its new determination letter, but neither Randy nor our attorney, John Hannon,
received any new determination letter from NWCCU. Western used the ATS and NWCCU letters
that were done with NO thorough investigations in filings against us to the Santa Clara County
Superior Court.
27. As the final act, Spellings directed Regan to write letters to ATS and NWCCU on
August 29, 2008. Regan quoted the ATS letter dated July 21, 2008 that caused Mula to ask ATS to
do a thorough investigation which ATS did not fulfill, and ATS used policies that were neither
public nor regulated, and did not even exist except as vapor. Regan supportively quoted three
points from ATSs July 21st letter that was written with NO thorough investigation of the
material facts in violation of our due process, and it omits the violation of ATS published policy
regarding six or more courses in an approved degree taught by distance learning that requires
Commission approval. Instead, ATS included unpublished ad hoc policies for vapor exceptions
and understandings in violation of 34 C.F.R. 602.18(b), that Mula stated the Department would
consider not approved. Regans supportive quote of ATSs approval of the settlement agreement
contradicts Mulas December 18, 2008, Declaration in Nye-Wilson about the Department [and
agencies] having no authority to judge the agreement. Regans letter to NWCCU on August 29,
2008 quoted five statements from a review by NWCCU that were within a letter written by
NWCCU on August 6, 2008 that neither Mula nor NWCCU gave us until five months after the
fact via my FOIA requests, contrary to Mulas promises to us. It was this letter and due to Nye-
Wilson that we would learn that NWCCU was an actor for the Defendant. Regans quotes from
the NWCCU review prove the material evidences in our document titled, Compare and
Contrast were omitted from NWCCU in violation of our due process rights, and a thorough

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investigation did not happen. Also, the NWCCU review omitted policy A-2, nature of
change, number 5, that required Commission approval for COURSES offered for credit outside
the NWCCU region, and offered by a significant change in delivery method. NWCCUs review
stated nothing about Westerns fraudulent 2006 and 2007 Annual Reports that totally omitted the
changes to two degrees offered to Randy. In summary, Regans August 29 letters showed the
Departments conflict of interest that willingly and openly allowed ATS to collude with Western
in violations of state and federal laws regarding which the ATS Standard 2.2 requires compliance
and NWCCUs requirement for current compliance with Westerns Articles of Incorporation that
require law compliancejust as NWCCUs Articles of Incorporation require, and those non-
compliance acts are crimes. The Defendants continue to deny any wrongdoing, and continue to
cover up for the accreditors and Western, and fail to admit that either accreditor was out of
compliance in 2008.
28. ATS Standard 2.2 requires compliance with state and federal laws and statutes.
ATS and the Defendants have failed to produce any record demonstrating ATS authority to
exempt Western from complying with State laws, Federal laws, Federal regulations, decisional
cases and State and U.S. Constitutions that protect our civil rights and are violated by the
Settlement Agreement and Mutual Release. Downs testified on February 3, 2010, Western has no
waiver of the Private Postsecondary Act of 1989, or ATSs Standard 2.2, or the federal laws.
Downs testified he knew Westerns Articles of Incorporation required law compliance just as
ATSs Standard 2.2 requires it.
29. The ATS letter dated July 21, 2008, attempts to act as a rubber stamp of approval
to a master degree program that is NOT based on publicly published and regulated ATS standards
or policies. In that same letter, ATS also approved of the unlawful Settlement Agreement and
Mutual Release that is outside of the authority given to accreditation agencies and outside the
authority of the Defendant. The ATS understandings violate its own published and regulated
policies, and 34 C.F.R. 602. Paragraph 18 of the Settlement Agreement and Mutual Release
forbids outside understandings regarding the interpretation of a Settlement Agreement, which is
actually supported by a California Superior Court case. According to Westerns October 2004 re-
approval to operate in California. According to CEC 94831, 94832, 94810 etc. it was a civil and
criminal liability for a school to offer educational services or unapproved instruction without prior
State approval that required prior [written] accreditation approval according to 34 C.F.R. 602.15.

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According to CEC 94985(a) willful violations of those aforementioned state laws, renders a
schools contract unenforceable.
30. When Mula was no longer available after the Office of General Council cut off all
communications, thats when Randy and I began to file FOIA requests for documents we need to
protect ourselves against fraud and breach of contract. We needed the documents that Mula
promised he and/or NWCCU would send to us, because the Department and the agencies did not
voluntarily send them, and Mulas stated comments to us never eventuated. Randy filed six sets of
FOIA requests and I filed three sets. It is mostly Mula and a handful of others to this day, that
continue to fail to produce materials for our FOIA requests.
FAILURES
31. The Departments withholding of documents from us does not supersede our need
for information regarding misconduct and misrepresentation of compliance and ATS and NWCCU
vapor policies that continue to be withheld to this day. This, most of all given a con-current
Federal Torts Claims Act case that is currently in administrative process. Therefore, withholding
records from us at this point in time unlawfully obstructs justice.
32. These cases have cost more than $500,000 damages to my retirement just in legal
fees alone, and it has harmed my family and my home. Randy has lost everything now, including
his marriage and his little son who he dearly loves. Everything he had went to cover his debts to
me over the span of 10 years. These cases have cost more than NINE YEARS of my life and the
lives of my family. I have never seen Randys son. This case nearly cost my sons life in 2002
and again in 2010. Our need for supporting evidences, supersedes Defendants need to cover up
their mess. It was after all the President himself who stated
A democracy requires accountability, and accountability requires transparency. As Justice
Louis Brandeis wrote, sunlight is said to be the best of disinfectants. In our democracy,
the Freedom of Information Act (FOIA), which encourages accountability through
transparency, is the most prominent expression of a profound national commitment to
ensuring an open Government. At the heart of that commitment is the idea that
accountability is in the interest of the Government and the citizenry alike. The
Freedom of Information Act should be administered with a clear presumption: In the face
of doubt, openness prevails. The Government should not keep information
confidential merely because public officials might be embarrassed by disclosure,
because errors and failures might be revealed, or because of speculative or abstract
fears. Nondisclosure should never be based on an effort to protect the personal
interests of Government officials at the expense of those they are supposed
to serve. In responding to requests under the FOIA, executive branch agencies
(agencies) should act promptly and in a spirit of cooperation, recognizing that such
agencies are servants of the public. All agencies should adopt a presumption in favor

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of disclosure, in order to renew their commitment to the principles embodied in FOIA, and
to usher in a new era of open Government. The presumption of disclosure should be
applied to all decisions involving FOIA. The presumption of disclosure also means that
agencies should take affirmative steps to make information public. They should not wait
for specific requests from the public. All agencies should use modern technology to inform
citizens about what is known and done by their Government. Disclosure should be timely.
(Emphasis by Plaintiff).
33. These FOIA requests are necessary documents we need to expose and disprove
the unlawful claims made by ATS and NWCCU prior to the required investigation to be able to
proceed with my Federal Torts Claims Act case.
34. Randy and I have been requesting documents be provided to us that exist and are
being withheld, not only because my life and the lives of my family depend on prevailing against
the fraud perpetrated against us, but also because this case also perseveres for the public welfare.
The documents we requested through the FOIA are of great public interest and concern across
Americafor the sake of true integrity in education--most of all given the current Penn. State
scandal exposing cover-up of molestations that Arne Duncan himself said is not right.
35. As of this date, the Department refuses to retract its letters by Regan and Oldham
or cause ATS and NWCCU to conduct legitimate investigations and reviews based upon 34 C.F.R.
602 and their own public, published, and regulated policies as well as decisional cases that
promote justice. As of this date, the Department refuses to fix or pay for the damage they have
caused to us by their negligence of duty and malfeasance that damaged Randys life in ways that
cannot be undone at this point.
36. Regans letter dated September 29, 2008 to John Hannon and her August 29, 2008
letters to ATS and NWCCU are blatant violations of 34 C.F.R. 602 and other federal regulations
because they support the violations by ATS and NWCCU. There is NO quality education involved
in Westerns blatant threats and coercion that are the controlling standards and objectives for the
two masters degrees offered in the March 14, 2006 Settlement Agreement and Mutual Release.
37. Oldhams letter dated October 24, 2008 to Congresswoman Mazie Hirono followed
on the heels of Regans three letters sent to Hannon, and it is a misrepresentation because it is
based upon the misrepresentations of ATS and NWCCU. The Oldham and Regan letters are
politically-based upon willful misrepresentations of ATS and NWCCU who collectively attempted
to have ad hoc, unpublished and unregulated policies that do not meet the Secretarys criteria to
supersede published and regulated policies that do meet the Secretarys criteria. The willful
misrepresentations violate federal regulations and are crimes. The settlement agreement that ATS

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anxiously judged as not a violation even though it violates the U.S. Constitution, federal and state
laws in violation of ATSs Standard 2.2, and ATS judged it without the authority to do so.
38. In President Roberts own testimony, the degree in the contract does not meet
ATS Standards, and he further stated there were no ATS policies for exemptions and
understandings. Western, NWCCU, ATS and the Department are attempting to be above the
law, while using our lives to push their agenda on the nation. ATS is attempting to set a precedent
that accreditation agencies are above the U.S. Constitution and all federal and state statutes and
laws and decisional cases that determined settlement agreements cannot gag people about child
molestations, and settlement agreements must not even threaten liquidated damages against
students for complaining to the government. As of March 2011, and during the Duncan
administration, ATS has now created an exception policy using us and the underlying cases as a
means to allow over 250 schools representing more than 70,0000 students to violate federal, state
and decisional cases at willwith ATS condoning it. ATS is attempting to tell all fifty states of
the United States that state laws dont count, that they have power to offer to schools over
decisional court cases, and that unwritten accreditation policies supersede everythingthus,
making schools more powerful than any American or corporation in America.
HOW THE DEPARTMENT LITIGATES
39. Over the history of dealing with the U.S. Department of Education and in particular
in the Nye-Wilson v. Education, Department of, United States, Margaret Spellings and Does 1 -
20. Hawaii District Court, Case No. 1:2008cv00498 action, I observed a repeated pattern of
deception, misdirection, deceit, mismanagement and fraud. The Defendants have a history of
making misrepresentations to the Court in order to mislead, misdirect or deny the existence of
records in order to avoid their production. The Defendants have repeatedly employed these game-
like strategies, including under penalty of perjury, pursuant to 28 U.S.C. 1746 as I previously
noted regarding Mr. Mula, and as my son recently noted regarding Defendants Office of General
Counsel. Mr. Mula and Bennie Jessup claimed Mula did not possess records between himself and
Kevin Ford, and they claimed the requested records dated January 2, 2008 did not exist when
Mula sent the July 21, 2008 document to us insteadthat was not even close in date or the content
requested. Finally, a superior caused Mula to produce thirty-one pages of Kevin Ford records that
supported our position that demonstrated the Department had already determined ATS and
NWCCU were out of compliance with substantive change requirements for criteria for
recognition, that in turn supported the record dated January 2, 2008 that Mula continued to

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withhold. The Defendants withhold records that prove our FTCA claims of their negligence of
duty and malfeasance that harmed usin their willful obstruction of duty.
40. In Nye-Wilson, the Defendants and Mula repeatedly denied the existence of
materials sought in my FOIA. Repeatedly, the Defendants would push back and claimed that such
materials did not exist, when in fact those documents did exist, and they were being intentionally
withheld from me and my son. Now, although Defendants have produced a plethora of records,
they have continued to withhold those records that prove those Regan and Oldham letters and the
ATS and NWCCU letters upon which they are basedhave no material just cause.
41. I spent $10,000 of my own retirement and fixed income money to litigate with the
government who was using tax money to cover up what they knew they had done against my son
and meand against The People of America.
42. On the eve of the Judge in that case making a decision, the U.S. Attorney Harry
Yee, contacted my attorney in the matter and suggested a settlement. The government refused to
withdrawal the Regan and Oldham letters by merely ignoring our many, many requests and
ignoring the requests by our attorney, John Hannon and my doctor, Dr. Kai. Those letters by
Regan and Oldham were the genesis of the issues concerning the FOIA case and issues of fraud
being forced upon my son and me in order to scuttle our two civil suits against Western Seminary.
Harry Yees offer of settlement included the government would go back and perform another
search.
43. While the government repeatedly maintained under penalty of perjury, pursuant to
28 U.S.C. 1746 no further materials existed, as it turned out, the U. S. Department of Education
then, as it is doing here once again, was intentionally withholding materials that were damaging to
the Department as well as to the acceditors it was protecting. The accreditors, in turn, were
protecting and lying for Western Seminary in the ongoing civil litigation.
44. Attached hereto as Exhibit A is a true and correct copy of the series of records
that the government intentionally withheld for over 9 months and only produced them to me after
the fact and subsequent to Yee demanded to settle the case in order to avoid a negative judgment
against Spellings and the Defendants in Nye-Wilson. The Court should note that the government
has once again failed to produce these same, specific, and particular records, and additional
records that existed in June 2010 that are referred to in records the Defendants produced to us, as
requested and resulted in the current instant action. The specific and particular requested records
relate to the actions of Chuck Mula as AAEU Analyst for the government who used NWCCU as

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an actor against my sons complaint in order to protect NWCCU who had their attorney threaten
my son. The Court should also be aware that additional materials were intentionally withheld
from our attorney and us in 2008, so that the government could intentionally write the Regan and
Oldham letters to the direct detriment of my son and his familyand caused us tremendous
financial loss and time.
45. HAD the government been honest and forthright in July September of 2008 and
correctly enforced 34 C.F.R. 602 against ATS and NWCCU, it is reasonable that Randys life,
future, career, education and most of all his marriage and involvement with his only childhis
little sonwould be intact and succeeding. The academic pursuits of both Randy and his ex-wife
were effected by all of this (Susan was working towards a PhD at the University of Edinburgh
where Randy met her. She was one year ahead of him and she was months from finished her
chapters for her thesis, but dropped out to care for Joel as Randy became overwhelmed by the
litigation). The governments choices to not enforce and regulate the two accreditors and cover
for the school has now led to the overall damage to my sons lifeand the lives of many others
for the rest of their lives. Because Randy paid for his litigation to seek justice against the immoral
and unethical school by using his house, land and all his belongings, he lost everything in his life
as a result to pay me back for helping fund the litigation which could have been cut down by years
and hundreds of thousands of costs had the government been honest and forthright in 2008and
fulfilled its duty to enforce 34 CFR 602 upon ATS and NWCCU for their compliance failures.
Because of governmental collusion and cover up with tax payer money, and preferring special
interest non-profit corporations who in turn preferred their member school, Western (who cheated
the government as easily as they cheated us). The Defendants failed duty enabled ATSs failings
to enable Western who vindictively damaged and injured every aspect of Randys life. The
negligent and wrongful acts or omissions of the U.S. Department of Education, and the outcome
of that negligence has taken its toll on Randys marriage and his fatherhood to his little son who
he dearly loves. That fact was articulated by Randys ex-wife in the UK Court divorce
proceedings in 2011:
The Respondent who is an American citizen has devoted a large proportion of his time
and energies conducting protracted litigation in the USA throughout the duration of the
marriage. The legal action was initially against a religious seminary he joined as a student
in the 1900s and was expanded to include other parties, culminating in a final judgment
against him in May 2010. The Respondents obsessive absorption in this litigation and its
morbid effect him has alienated the Respondent from the Petitioner and the parties young
child. The Respondent has been hindered from progressing his career or obtaining gainful
employment due to the demands of the court cases he has pursued. The Respondent has

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also run up very high debts in court costs since 2002. This has prevented the Petitioner
from obtaining a visa for residency in the USA with their son Joel, which has had a
negative impact on the parties relationship and the Respondents relationship with Joel.
The Respondent has not been to the U.K. and has therefore not seen either the Petitioner or
Joel, since the beginning of May 2010.

Attached hereto as Exhibit B is a true and correct copy of version 1.3 of Section 10 of
the Federal Torts Claims Act materials available on http://www.educationalfraud.com/SF95.html.
The Defendants have an earlier version, which was made available to them in July, 2011.
JUST ONE EXAMPlE IN DEALING WITH THE DEFENDANTS IN FOIA PROCESS
46. There are many examples that I and many others who have attempted to help us
with our FOIA requests have been confronted with a repeated pattern of deception, misdirection,
deceit, mismanagement and fraud by the government during this case. Most recently, my
husband and I filed our aggregated FOIA appeal regarding records we sought and should exist.
The administrative remedies for our FOIA appeal were properly filed and received, and long since
expired.
47. In spite of this, somewhat comically, when the government learned that my
husband and I intend to file litigation to seek the records that should have been produced in the
FOIA process and possibly have been destroyed, they proceeded to claim that the FOIA was
placed back into the appeals process and post dated the appeal to 2012 to a new number in an
attempt to use such as an affirmative defense in the upcoming litigation. Attached hereto as
Exhibit C is a true and correct copy of the communications from the Defendants postdating the
appeal process to 2012 after all the administrative remedies had expired.
48. Obviously, my husband and I objected and told the Defendants we caught on to
what they attempted to do in order to continue to put off production of the specific records we
requested and to attempt to set up an affirmative defense to be used in the litigation. The
Defendants seek to further obstruct justice and to cause more unwarranted problems and costs to
usas senior citizens, and my husband is a 100% disabled Veteran who served in the Vietnam
War. Attached hereto as Exhibit D is a true and correct copy of the communications regarding
our objections to setting our FOIA case back by renumbering it. In my prior FOIA lawsuit against
Spellings and the Department, my FOIA appeal was not given a totally different number, and the
EDFOIA Manager telephoned me and apologized on behalf of President Obama and Attorney
General Holder for the lack of FOIA transparency. No one has apologized for the lack of
transparency this time, or for trying to obstruct our justice by redating our FOIA Appeal.

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49. Weve sent two meet and confer communications to the EDFOIA Appeals office,
and weve received absolutely no response to either of them. Since those communications, the
Defendants have made no further effort to contact us, because their game playing was exposed and
they made no good faith effort to correct themselves and the record or to produce any more
records.
DEALING WITH THE DEFENDANTS ACCREDITORS
50. On or about June 27, 2007, I contacted the Association of Theological Schools
regarding ATSs claim that The Board of Commissioners approves degree programs on the basis
of the program as a whole, and recognizes that, on rare occasions, schools may make exceptions
to accommodate individual students without petitioning the Board of Commissioners for
permission to do so. This practice is especially the case for advanced research degrees like the
ThM. In 2007, I asked for the ATS policy available to the public that purports to make this claim
so that I could understand the context of ATSs full meaning. ATS refused to provide the
purported public policy to me in spite of 34 C.F.R. 602.23(a)(1-3), The agency must maintain
and make available to the public written materials describing (1) Each type of accreditation and
preaccreditation it grants; (2) The procedures that institutions or programs must follow in applying
for accreditation or preaccreditation; (3) The standards and procedures it uses to determine
whether to grant, reaffirm, reinstate, restrict, deny, revoke, terminate, or take any other action
related to each type of accreditation and preaccreditation that the agency grants to me at that
time.
51. Subsequently, on October 10, 2011, I once again asked ATS to produce the
following to me, 1. the 2006 ATS policy stating schools may make "exceptions " to ATS
standards / policies for approving programs in order to accommodate individual students
without petitioning the Board of Commissioners for permission to do so. 2. any current ATS
policy stating schools may make "exceptions" to ATS standards/ policies for approving
programs if a current policy exists, and the date it became an ATS policy. 3. any ATS
policy for "exceptions" or "waiver" that also applies to ATS Standard 2.2 regarding
approving programs. If no policy exists for any of those requests I've made about ATS
policies for approving programs, please tell me no policy exists. Once again, ATS failed to
provide the materials requested. Instead, for some odd reason, this request was forwarded to
Daniel Aleshire and then on to ATS attorney, Tom Johnson, of K&L Gates. As of this date, ATS
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reviews to the U.S. Department of Education during federal a investigation that was endorsed by
the Secretary of Education. Western claims that vaporous ATS exception policy is the basis for
their 100% modifications to two masters degree programs that violate federal regulations, Federal
laws, State laws, ATS written policies and several decisional cases. It is also important to note
that the U.S. Department of Education has also failed to produce those same ATS exception
policies that ATS refused to provide to me and used against my son and me in two civil actions. In
spite of the deplorable failed duty to enforce laws that Congress entrusted to the Department that
has claimed ATS was compliant with 34 C.F.R. 602 for the last 10 yearseven though ATS has
had no substantive change policy or exception policy until March 2011. Attached hereto as
Exhibit E is a true and correct copy of my recent series of my communications with ATS as an
extension to my 2007 communication that ATS blatantly refused to answerjust as Aleshire and
then Tom Johnson of K&L Gates refused to answer for our attorney, John Hannon in 2008, and
they refuse to answer me now.
52. I pray the mercy and wisdom of the Court will allow justice to prevail in this
matter, to the highest concern for the public welfare and enforcement of federal laws by the
legislative intent of Congress without the interference of political corruption, and rather than
partake in or support the corruption of the Defendant. We are not going to live these lies that our
own government has supported, and I am not going to be forced to live this life that is being
forced on me.
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I declare under penalty of perjury under the laws of the State of Hawaii that the foregoing
is true and correct. This affidavit was executed this _______ day of November 2011, and signed
under the laws of Hawaii.

I, Carol Nye-Wilson, sign this AFFIDAVIT in the County of Hawaii, in the State of Hawaii.

________________ _______________________________________
Date Carol Nye-Wilson

I, __________________________________________ am a Notary Public in the County of
___________________ in the State of Hawaii.

I have witnessed the signing of this AFFIDAVIT by Carol Nye-Wilson who appeared before me
on __________________ and she showed me photo ID. My Notary Public Commission Number
is ______________________________. My Notary Public Commission expires on
______________________________.

S E A L