Thursday, February 5, 2009

LIST OF ADVERSE ACTIONS THAT CAN BE TAKEN.

Here is a list of adverse actions that can be taken against Yeshiva University (or any college/university).

I provided this information to the office of New York State Attorney General Andrew Cuomo's office, too.

-(1) Yeshiva’s charter, its license to do business, can be revoked.
-(2) Yeshiva’s ability to confer degrees can be revoked.
-(3) The IRS can revoke Yeshiva’s tax-exemption, by the standards set in the Bob Jones University case.
-(4)
Yeshiva’s ability to participate in the federal student loan program (Stafford loans as part of the larger set of programs entitled Federal Family Educational Loan Programs or FFELP), can be revoked, forever.
-(5) Under federal law, 20 USCS sec. 1232g, Ms. Spellings, US Secretary of Education, is empowered to terminate all funds to Yeshiva University under any applicable program, statutory language that is so broad that there is no source of funding including funding from the CIA, that she cannot touch (see note re: sedition, for judges, " a high crime", an impeachable offense, in details, below).
-(6)
Yeshiva can lose its accreditation.

Upon request, I can provide more detailed information to anyone. I already entered statutes into the court record in my case [ and can publish them on this blogsite ] and provided briefing books to Congressional representatives, and others.

Details:
-(1) Yeshiva’s charter, its license to do business, can be revoked by the state education department upon request, because, according to New York State’s Education laws, we do not give a business license to a school that violates any law.

And, we certainly do not give a business license to a school that lied to steal money from its students, like me and Mike Tyberg.

If we would like to give a business license to organizations that steal, then, this will come as good news to the Mafia (with all due respect to Italian-Americans). Criminals can get a business license, set-up a business, and lie to steal money from their customers too, just like Yeshiva University.

Of course, if law enforcement would like to prosecute the Mafia for stealing, the Mafia will ask: why are you prosecuting Italian-Americans, and not Orthodox-Jews, as the criminal conduct is the same: criminal prosecution can devolve into discrimination cases, great news for organized crime.

-(2) Yeshiva’s ability to confer degrees can be revoked by the state education department, for the same reasons as stated in item # 1.

-(3) The Internal Revenue Service ( the IRS, tax-collector ) can revoke Yeshiva’s tax-exemption by applying the same standards to Yeshiva University that the IRS applied to Bob Jones University ( tax-exemption means more than a school does not pay taxes, it also means that when wealthy donors give money to a school, or tax-exempt organization, the wealthy donors get a tax benefit too, when tax-exempt status is revoked from an organization it is a way of discouraging donations, to kill growth, to kill an organization like Bob Jones ).

The IRS stated that it applied the same standards to all religious schools.

It does not.

Briefly, the argument against Bob Jones was fabricated.

It went like this: the benefit of tax-exemption should only be given to “charitable” organizations.

It was “uncharitable” and against public policy to discriminate.

Bob Jones appeared to discriminate, therefore, its tax-exemption should be revoked.

The legal argument went further, claiming that Bob Jones’ conduct was shocking to the
community conscience.

Because Bob Jones appeared to discriminate because it had a rule in its student handbook, that was never enforced, prohibiting black students from dating white students, although married students of both races were accepted to the university as students, and many felt that black students and white students dated discreetly, and no one noticed or cared ).

Nevertheless, Bob Jones was deemed “uncharitable” and its tax-exemption was revoked. Not incidentally, this argument was fabricated, see Rehnquist’s dissenting opinion ( I can forward this by email, it is an easy read). Nevertheless, Bob Jones University lost its tax-exemption.

Certainly, when Yeshiva lied to steal money from me, and engaged in other discriminatory, and illegal acts, voice-able against public policy, its conduct was “uncharitable”. In comparison, Yeshiva’s “uncharitable” conduct far exceeds anything Bob Jones did; thus, Yeshiva’s tax-exemption can be revoked.

-(4) Yeshiva’s ability to participate in the federal student loan program (Stafford loans), can be revoked, forever.

Fraud is not tolerated at all in the federal student loan (Stafford) program. A school that commits fraud loses it ability to administer these programs, forever; by law, there is no way to re-gain eligibility. Yeshiva has already admitted that me and, at least, one other student are crime victims in the federal student loan program, crimes for which Yeshiva needs to be prosecuted. We gave Yeshiva ample time and opportunity to conduct an honest accounting, and settle our bills with us. There was no reason for Yeshiva to persist in fraud, and in maintaining false business records, another crime, and in deceptive business practices.

-(5) Yeshiva has never complied with my requests pursuant to federal law that gives students the ability to access and correct their records, Family Educational Rights and Privacy Act, FERPA, 34 CRF part 99, also known as the Buckley amendment. Because the Secretary of Education cannot get voluntary compliance, she is empowered by law, to terminate funding under any applicable program, statutory language that is so broad that there is no source of funding including funding from the CIA, that she cannot touch.

Note: According to FERPA, a “student” is defined as any individual who is or has been in attendance at an educational institution. Yeshiva’s published school policy explicitly defines a “student” as anyone for whom an educational record is maintained. The plain meaning of this statute, and published school policy belies Judge Patterson’s May 20, 2005 order, wherein he fabricated a ruling that a “former” student could not access or correct her records.

I photocopied this statute and published school policy and entered them into the public record in the Second Circuit. All the staff attorneys, and judges in the Second Circuit know that they upheld a deliberately fabricated ruling: sedition. Sedition is a “high” crime, for judges, an impeachable offense.

Also note: When Yeshiva University’s attorneys like Dan Riesel try to tell you that I didn’t make a Freedom of Information request for my student records, therefore it is acceptable that the school didn’t respond, he is trying to deceive you and he knows it.

My requests have been outstanding since 1995.

My most recent written request was made in November 2006.

-(6) Yeshiva can lose its accreditation.

If a school refuses to come into compliance with accreditation standards for two years, then, by law, adverse action must be taken. In several important areas (due process, student records, occupational incident policy, this is for exchange of bodily fluids, in situations like when I inhaled a patient’s blood as a medical student ) Yeshiva has been out of compliance for more than two years.

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