April 2006, Vol. 16, No. 2
Table of Contents
CCE Recognition by USDE Set to Expire • CCE Response Spurs Follow-up Complaint • Differentiating Neuromuscular from Musculoligamentous Subluxation • Chiropractic Pioneer Passes Away • Early Life Infections Improve the Function of the Immune System • European Spine Journal Publishes PosturePrint® Study • ICA Defending Chiropractic from PT's • Immunization • Letters to the Editor • Life University Teaches CBP® as an Elective • The Ineffectiveness of Over Accommodating • Parker College and Seminars Begin Celebration Preparations • PosturePrint® Used to Determine Stability of Upright Posture • CBP® Hits 91 Publications • Thanks for Helping Your Local HMO Grow! • The Perfect Chiropractic Storm • Three Keys to Practice Success • Building Wealth Securely: Maintenance, Not Pain Relief •
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CCE Response Spurs Follow-up Complaint:
Conflicts of Interest Investigation Deemed Inadequate by CNJC
by Gary Stewart, DC
Dr. Gary Stewart has run a busy family practice in Riverdale, NJ for over 20 years. He is a 1983 graduate of Life Chiropractic College, now Life University. Dr. Stewart is the immediate past President of the Council of New Jersey Chiropractors and has served in numerous capacities over the last 15 years. Well known for his presentations on chiropractic philosophy, Dr. Stewart is a sought after speaker throughout the country.
The Council on Chiropractic Education (CCE) has formally responded to a complaint by the Council of New Jersey Chiropractors (CNJC) after being compelled to do so by the United States Department of Education (USDE). CCE had previously refused to address the 2003 CNJC complaint leaving no option other than forwarding the complaint to the USDE. Upon review of the CNJC complaint as well as others, the USDE cited CCE for numerous violations of its recognition criterion. CNJC has now concluded its formal review of the official CCE response and has filed a follow-up complaint detailing continued non-compliance of USDE criterion. CNJC also asserts additional failures, inadequate actions, and inappropriate public statements. Below is CNJC’s official follow-up complaint to the CCE.
COUNCIL OF NEW JERSEY
CHIROPRACTORS
43 Newark-Pompton Turnpike
Riverdale, NJ 07457
February 27, 2006
Martha S. O’Connor, Ph.D.
Council on Chiropractic Education
8049 North 85th Way
Scottsdale, AZ 85258-4321
FOLLOW-UP COMPLAINT
Dear Dr. O’Connor,
The Council of New Jersey Chiropractors (CNJC) has received your correspondence dated October 14, 2005 in response to a complaint filed by our organization. We note that the original complaint was submitted to the Council on Chiropractic Education (CCE) on March 24, 2003, and your reply (2 1/2 years later) was the result of a follow-up letter to the CCE by the United States Department of Education (USDE) dated July 5, 2005. The USDE letter was the consequence of a formal complaint to the USDE lodged by CNJC after the refusal of CCE to address our original correspondence. The USDE letter cited CCE for violations of several criterions pertaining to USDE recognition including its failure to respond to complaints against itself, as was the CNJC complaint.
After review of the CCE response, the CNJC files this follow-up complaint for: (1) Information previously requested but not properly provided. (2) Gross inadequacies of the CCE investigation concerning conflicts of interest relating to the solicitation of Life University (LUCC) students in the days immediately following CCE’s adverse accreditation announcement. (3) Dissemination of false, misleading, speculative, and irresponsible statements in the CCE Press Release dated November 10, 2005.
In its March 24, 2003 complaint, in accordance with USDE Rule 602.23, the CNJC requested the names, academic and professional qualifications, and relevant employment and organizational affiliations of the members of the agency’s policy and decision-making bodies and the agency’s principal administrative staff. Although CCE has provided some requested information as of October 14, 2005, the original complaint requested the information as of March 24, 2003.
1.) CNJC respectfully requests the names, academic and professional qualifications, and relevant employment and organizational affiliations of the members of the agency’s policy and decision-making bodies and the agency’s principal administrative staff as of the date of the original request, March 24, 2003.
CNJC asserted in its original complaint that the solicitation of LUCC students by individuals that participated in the decision-making process to revoke LUCC’s accreditation appeared to represent a conflict of interest in violation of USDE Rule 602.15. Although CCE initially refused to act on the complaint, after CNJC forwarded the complaint to USDE and they in turn cited CCE for failure to comply with criterion involving conflicts of interest, USDE compelled CCE to perform an investigation of the LUCC matter. CNJC notes that LUCC, as part of its lawsuit against CCE, submitted affidavits of individuals attesting that Logan and Texas Chiropractic College representatives held recruitment meetings at locations nearby the LUCC campus and/or solicited LUCC students within one or two days following CCE’s June 10, 2002 adverse accreditation announcement against LUCC.
After review of CCE’s Investigative Report dated August 15-30, 2005, CNJC asserts that CCE’s conflict of interest investigation was grossly inadequate considering the seriousness of the allegations. CNJC notes that CCE’s investigation consisted of nothing more than telephoning the 13 individuals that were involved in LUCC’s accreditation decision. The report indicates that the extent of the investigation was essentially to ask each of the 13 individuals via telephone several questions concerning their knowledge of any “members” that attempted to purchase LUCC or solicit students from LUCC during the time specified in the complaint. The investigation was concluded based on CCE’s contention that all 13 individuals denied having any relevant knowledge of the above noted incidents.
CNJC observed that the Investigative Report reveals that CCE failed to investigate whether any of the 13 individuals involved in the LUCC accreditation decision provided advance notice to any competing school of the pending accreditation decision or otherwise discussed the decision with any outside party prior to the official announcement. Any school possessing such information could inappropriately arrange advance accommodations nearby the LUCC campus in a devious effort to solicit confused and vulnerable LUCC students in the days immediately following the adverse accreditation announcement. CNJC notes that this is the precise scenario detailed in the LUCC affidavits concerning Texas and Logan Colleges. According to a November 8, 2002 letter distributed and published by CCE entitled: “An open letter to the chiropractic profession from the CCE,” individuals with affiliations to both Texas and Logan Colleges were among the 13 individuals involved in the decision to revoke LUCC’s accreditation. CNJC also notes that the Investigative Report makes a point of stipulating that the investigation was limited to “the time specified in the complaint” but does not disclose the actual dates investigated.
2.) CNJC asserts that the CCE conflicts of interest investigation was grossly inadequate in consideration of the seriousness of the allegations: (1) CCE failed to address or investigate conflict of interest issues pertaining to unauthorized advance dissemination of accreditation decisions by individuals involved in the accreditation process. (2) CCE failed to investigate relevant conflict of interest information contained in affidavits provided by LUCC. (3) CCE failed to disclose the actual dates investigated in questioning the 13 individuals and why the investigation was limited to a specific timeframe.
CNJC notes that CCE has distributed and placed on its website a “Press Release” dated November 10, 2005 from Dr. Joseph Brimhall, CCE President (Attachment B). The motivation for the communication appears to be recent articles in chiropractic publications detailing USDE findings that CCE was not in compliance with various criterions set forth in USDE Secretary’s Criteria for Recognition. CNJC asserts that CCE is disseminating false, misleading, speculative, and irresponsible information to its constituencies and the chiropractic profession in relation to USDE findings of non-compliance and CCE’s recognition status as an accrediting agency with USDE.
CNJC notes that Dr. Brimhall, on behalf of CCE, states, “CCE has not been cited for non-compliance by USDE for any accreditation decisions.” CNJC asserts that this statement is inherently misleading to the chiropractic profession. It is not the role of USDE to cite an agency’s accreditation “decision,” rather it is the duty of USDE to cite an agency if it is determined to be in non-compliance of USDE criterion for recognition. A review of the July 5, 2005 letter from USDE reveals that it determined that CCE was in non-compliance with accreditation related issues. These issues included non-compliance of criterion pertaining to conflicts of interest of its members, including those involved in accreditation decisions, and non-compliance of criterion pertaining to consistent application of accreditation standards.
CNJC also notes that Dr. Brimhall states, “CCE complies with USDE regulations and criteria for recognition” and further, “CCE is not in jeopardy of losing its recognition by USDE.” The former statement appears entirely inconsistent with the noted USDE citations against CCE, and the latter statement appears highly speculative. CCE’s recognition with USDE expires in June 2006 and a hearing concerning its renewal will be held at that time. CCE’s numerous citations for non-compliance of USDE Secretary’s Criteria for Recognition are indicators the outcome of the hearing is not assured. Public statements that imply that multiple USDE violations would not place CCE’s recognition in jeopardy appear irresponsible and make a mockery of the USDE recognition process.
3.) CNJC asserts that CCE’s November 10, 2005 Press Release contains false, misleading, speculative, and irresponsible statements. CNJC respectfully requests that CCE address the noted statements from the press release and consider the issuance of an immediate formal public retraction.
CNJC respectfully requests that CCE review each issue noted in this complaint in a timely, fair, and equitable manner employing unbiased judgment and take follow-up action, as appropriate, based on the results of the review in accordance with USDE Rule 602.23.
Your prompt reply will be greatly appreciated,
Sincerely,
Gary Stewart, D.C.
For the CNJC Board
cc: John W. Barth, Director
USDE Accreditation and State Liaison
