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LIFE UNIVERSITY FILES FEDERAL COURT LAWSUIT AGAINST CCE: From Life University, January 3, 2003: University Charges Council On Chiropractic Education Denied Due Process In Reaffirmation of Accreditation Review -- Life University on Thursday sought to restore Council on Chiropractic Education (CCE) accreditation, a move that would allow students to complete their education without delay. The University filed a lawsuit in federal district court in Atlanta after it determined that CCE denied due process during recent reaffirmation procedures. The suit alleges that the CCE:
- Amended its bylaws in such a manner that they conflict with the articles of incorporation.
- Adopted Standards for Doctor of Chiropractic Programs and Institutions that strongly favored the liberal branch of chiropractic philosophy at the expense of the conservative branch.
- Violated Life's common law due process rights by conducting a flawed and biased process for reaffirmation.
- Refused to reconsider Life's application for re-accreditation in a timely manner.
"It is disappointing, but necessary that Life file this lawsuit against CCE. >From the time I began the presidential application process, I believed there was a good possibility we would be able to apply for accreditation and our application considered in a timely manner," commented Dr. Ben DeSpain, Life University President-Elect. "However, after several attempts to communicate with CCE and a detailed review of the recent reaffirmation process, I believe CCE, its executive director and administrative officers, intend to destroy Life University." The University's lawsuit follows a myriad of efforts to regain accreditation that culminated in the CCE Agenda Committee's decision to deny Life's request for a discussion on a rule change requiring that chiropractic programs operate for two consecutive years before applying for accreditation. The rule was adopted during the same meeting that Life's reaffirmation was denied. "By denying our request to discuss the recent rule change at the meeting this month, CCE confirmed their position of inflexibility and left Life with no other option but to seek judicial intervention," added Dr. DeSpain. The suit asks the court to:
- Issue a preliminary and permanent injunction requiring CCE to restore the accreditation of Life University.
- Declare that CCE failed to provide Life University with due process and fundamental fairness in the reaffirmation of accreditation process.
- Begin the reaffirmation of accreditation process anew in a manner providing Life with common law due process.
"Our suit is based on the University's fundamental right to a fair and impartial review of the chiropractic program and the fact that CCE is not willing or capable of this basic element of due process afforded us by law," stated Dr. DeSpain. CCE now faces legal challenges from two chiropractic universities. Palmer University filed a lawsuit in Wisconsin charging that CCE deprived Palmer of appropriate representation in its recent CCE reorganization process. The reorganization process that Palmer is challenging includes CCE's attempt to dissolve itself as a Wisconsin corporation to become an Arizona corporation. The Palmer lawsuit claims these actions were taken in violation of the CCE's own bylaws and articles of incorporation.
JANUARY 9th UPDATE FROM LIFE UNIVERSITY: Today in the United States District Court for the Northern District of Georgia, Senior Judge Charles A. Moye, Jr. held a status conference in the case of Life University v. Council on Chiropractic Education, et al. and set a briefing schedule for expedited consideration of Life University's Motion for a Preliminary Injunction. All parties were directed to complete written submissions to the Court by January 31. Judge Moye announced from the bench that he will schedule oral arguments as soon as possible thereafter. Updated information on this ongoing issue is available through the Life website at www.life.edu.
WISCONSIN COURT DISMISSES SUIT AGAINST STATE BOARD: A state court in Wisconsin has summarily dismissed a suit brought against the State Board of Chiropractic Examiners as being unfounded and without merit. The suit was filed on July 19, 2002 charging conflict of interest on the part of some on the board in the matter of continuing education programs. Specifically, the suit charged that the Examining Board had approved continuing education programs that benefit Allied Health of Wisconsin even though the chairman of the Examining Board, Dr. Dale Strama, was a member of Allied. The lawsuit asked that the Examining Board properly enforce the ethics rule and that CE hours not be allowed for CE programs that have been improperly approved. On October 2, 2002, the Circuit Court for Dane County dismisses as wholly inappropriate a lawsuit by the WCA, stating that "all claims against Dr. Strama be, and hereby are dismissed with prejudice." Likewise, on October 30, 2002, the Court dismissed all claims that the WCA filed against the Board of Examiners itself. Following this court action, Dr. Strama stated: "I believe that the WCA has hurt the reputation of all chiropractors in the state by the filing of this lawsuit, which clearly lacked merit. In actuality, at no time did I approve any chiropractic continuing education seminars which Allied Health co-sponsored or in which Allied Health was involved. To avoid any conflict of interest, I have never voted on any matter involving Allied Health. Instead, such approvals were entirely granted by others without my participation in any way." In the court proceedings leading to the dismissal, the WCA itself is reported to have requested dismissal and told the Court it "will not meet its burden of proof against this defendant."
VIRGINIA STATE ORGANIZATIONS HOLD HISTORIC UNIFICATION MEETING: On December 7, 2002 the Virginia Society of Chiropractic (VSC) hosted an historic unifying legislative summit with representation from regional, state and national groups throughout Virginia. The purpose of the summit was to foster a greater understanding of the common ground the majority of chiropractors in the commonwealth perceive will advance chiropractic to a leadership position in the current health care environment. Individual legislators, showing support for such a tremendous initiative, provided meeting space at the capitol building in Richmond. Representatives discussed possible joint legislation as well as airing differences in political strategies. VSC president Glenn Molin, DC felt that rallying chiropractors around such fundamental basic tenets as specific chiropractic adjustments and the subluxation were crucial to the future success of the profession on a legislative and reimbursement level, and the passionate discussion on all sides of the issue made for a very powerful day. This was the first opportunity ever for many DCs to speak directly with all leaders in the state simultaneously and voice concerns; more so this was the first opportunity for some to feel as though they actually had an active role in the future of their own profession. The initiative was so well received that future meetings are being planned in 2003.
The summit was inspired by a 2002 legislative fiasco in which the Virginia House of Delegates was told by a key leader in a second organization that the chiropractors across Virginia were happy under a medical disciplinary board. Legislation introduced by the Virginia Society of Chiropractic in 2002 would have created an independent chiropractic board. Virginia is the only remaining state in the U.S. under which a medical board has disciplinary authority over chiropractors. Chiropractic is currently represented by only one chiropractor on the 16-member panel.
The VSC is the ICA affiliate in Virginia and ICA supported their independent board legislation in 2002 state legislative session as an initiative in the best interests of both the profession and the public.
LONGTIME ICA MEMBER, LEADER PASSES AWAY: ICA and all of chiropractic suffered a grievous loss on December 30, 2002 with the passing of Willard E. VanderStolp, of Grand Rapids, Michigan at the age of 87. Dr. VanderStolp was a member of the ICA since his student days at The Palmer School of Chiropractic in Davenport, Iowa. Dr. VanderStolp served in ICA's Representative Assembly, representing Michigan and serving in numerous other leadership capacities and on many important committees. In addition to his distinguished chiropractic record, he also served in the United States Army, attaining the rank of Second Lieutenant and earning a Purple Heart and Silver Star for gallantry in Europe during World War II. Dr. VanderStolp will be sadly missed but never forgotten.
DATES TO REMEMBER: Certification in Chiropractic Spinal Trauma (CCST) program kickoff, Jan. 18-19th, 2003, with Dr. Dan Murphy, Las Vegas, Nevada; New Era in Whiplash & Spinal Trauma Part I with Dr. Dan Murphy, January 11-12th, 2003 in Ft. Lauderdale, Florida, January 25-26th, Houston, Texas, and February 1-2nd in Portland, Oregon; New Era in Whiplash and Spinal Trauma, Part II featuring Dr. Richard Christie, Esq., February 1-2nd, 2003, Cromwell, Connecticut; Chiropractic Without a Doubt, with Dr. Steve Hoffman and Dr. Robert Braile, February 22-23rd, Dallas, Texas; 11th Annual ICA Symposium on Natural Fitness Featuring Arnold Schwarzenegger, February 28th-March 2nd, 2003, Columbus, Ohio; Inaugural Conference on Chiropractic Philosophical Standards, sponsored by ICA's new Council on Chiropractic Philosophy, Kansas City, Missouri, May 17-18, 2003.
For More Information, Contact the International Chiropractors Association, a Worldwide Community of the Most Successful Chiropractors on Earth at chiro@chiropractic.org or visit the ICA website at www.chiropractic.org.
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