Motion Filed to Join Higher Learning Commission as Required Defendant in Federal Fraud Lawsuit Against Illinois College
HAMMOND, Ind., April 6, 2018 /PRNewswire/ -- The Law Office of Attorney John H. Davis & Associates announces its client Bennie Kennedy recently filed a motion in a lawsuit, against Prairie State College of Chicago Heights, Illinois, in the Northern Indiana federal district court on Tuesday, April 3rd, 2018. The motion requests the court to join the Higher Learning Commission as a required or permissive defendant.
Said lawsuit is a companion to a previously filed lawsuit by Kennedy against Schneider Electric, a French global electric company, where Kennedy requested a federal Magistrate Judge (Paul R. Cherry) to merge lawsuit against Schneider Electric with the lawsuit against the College. This was not done. The lawsuit against Prairie State alleges that the College through Dean Hansel authored a false Declaration which was allegedly solicited by Schneider Electric, to assist Schneider Electric in their effort to convince Magistrate Judge Cherry to grant a motion for summary judgment.
The lawsuit against Schneider Electric is presently pending before the 7th Circuit Court of Appeals and during Oral Argument, in January 2018, Chief Judge Diane Wood stated to Schneider Electric's defense attorney that "there is a difference between credentials and qualifications"1.
After almost one year into the Prairie State lawsuit, the College did not respond to properly served summons, so plaintiff filed copies of executed summons with the Clerk of the Court who, upon request, issued plaintiff a Clerk's Entry of Default.
Upon Kennedy's motion for default judgment, the College suddenly responded with two motions of their own: to vacate Clerk's Entry of Default and to deny plaintiff's motion for default judgment. In the lawsuit against the College, the Judge, (Joseph Van Bokkelen), reviewed said motions. Both motions for the College were granted, as the Judge followed the College's argument of meritorious defense, however, if that defense provides the method whereby the College is extricated from this lawsuit, oddly it leaves Kennedy exposed to any allegations of fraud by teaching classes for which the College allegedly claimed he is not qualified. Hansel's Declaration2 splits hairs as it interchangeably speaks to Hansel's review of Kennedy's credentials and qualifications, (in Items #7 and #8), while alleging both to be the criteria of the Higher Learning Commission3.
Kennedy's lawsuit alleges he taught at Prairie State College for six (6) years before Hansel made the decision to terminate his employment as adjunct instructor allegedly breaching his adjunct faculty union contract. Allegations set forth by Kennedy introduces concerns regarding federal student loans4 and the U.S. Department of Education3: This responsibility falls upon Kennedy if the Higher Learning Commission/College or both are not held responsible.
The Federal Bureau of Investigation, Education and Justice Departments are aware of both complaints4.
Naturally, Kennedy's concern is that teaching at Prairie State College, as his complaint alleges, is a vital fact in deciding whether the College, Higher Learning Commission, or both are attempting to throw their allegedly inefficient administrative problems at Mr. Kennedy's feet.
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SOURCE Attorney John H. Davis & Associates
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