2010

Court Case

Vancouver Sun Admission fraud at Douglas College?

Canada-com

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This Web Site is dedicated to 30 College Students, who speak English as a Second Language and are Victims of Crime!

Global TV

Shady admission practice?

 

Who is

behind this?

Binder presented to the Court

Binder Index

Statement of Facts

Document Sources

(Report)

Law society complaint (Protected)

2010 Court Transcripts

2010 Judgment

Criminal Code

Forgery

PCTIA's  concealed Forgery Report

New

Open Letter to the BC Ombudsperson

Margarita's unsolved Complain to the Ombudsperson

Small Court Claim Claim # C 15514

COTR's Reply

Statement of Facts 2013

Why did I get involved

I have experienced their despair,

the emotional pain,

the hopelessness,

how their future

and life expectations have been destroyed by incompetent public servants

 

 

What happened here in BC is so

UN-CANADIAN!

 

In case you like to help please contact me at

 

Students@colscam.info

 

 

 

Just recently

Global TV's 16x9 reported about dubious Degrees from Douglas College

due to faked English assessment exams.

Their admission practices seems to be very similar to College of the Rockies

into their APN Program. The 16x9 report also claims that only 2/3 of Canadian students into the same program succeeded.

But how can it be that 1/3 of the students are not successful if Prerequisites are properly defined and verified?   

APN Program Student statistics

Responsible for PTI creating false prerequisites without Students knowledge: Jane Johnston, RN
Responsible for College of the Rockies' acceptance of PTI's false Prerequisites:  Doug McLachlan, VP
APN Program Phoenix PTI PTI PTI PTI PTI PTI PTI PTI
Year  2002/FA 2003/FA 2004/FA1 2004/FA2 2005/FA 2006/WI 2006/SP 2006/FA  
Intake 24 25 26 23 24 20 20 20 158
Withdrew 4 3 3 2 2 2 1 0 13
Total in Class 20 22 23 21 22 18 19 20 145
Total graduated CotR 17 14 20 11 17 11 11 18 102
Not Graduated/failed 3 8 3 10 5 7 8 2 43
Percentage failed  15% 36% 13% 48% 23% 39% 42% 10% 30%

If Prerequisites were properly verified this high percentage of failing students should never have happened !!

ESL Background Students   6 of 8 2 of 3 9 of 10 4 of 5 6 of 7 7 of 8  2 of 2 37 of 43
of Students who failed Known Estimated Numbers of failed ESL Background stundents! Estimated
      since Doug McLachlan has refused to dísclose them

PTI had asked every ESL background student I talked to, to write their  Prerequisite Academic English test's Essay at home, which was clearly against CotR's rules. Why didn't Mclachlan check on this already in 2003? 

Jane Johnston lost her RN license due to forgeries found at PTI and PCTIA closed PTI down, McLachlan knows that!  

Forging and also accepting forged prerequisite Documents is a criminal offence!

But only in BC it seems vulnerable victims of such a crime are punished and not the criminals!

A crime that has destroyed, the way defrauded students lived and Student Loan financial their reputation

A crime, causing financial reputational damage many of them have not been able to recover from!

A crime that is based on forgeries and dishonesty of Public Officials in British Columbia!

A crime whose Victims are denied access to Justice by the Province of British Columbia! 

What was the Crime?  

That between 2003 and 2007 College of the Rockies  (CotR) Educational Partner PTI Online Inc. forged Prerequisite Documents of applicants to get them admitted into CotR's $15,000 tuition Access to Practical Nursing Program while CotR failed to verify the validity of these legally binding documents! That CotR protected the criminal by keeping PCTIA's (British Columbia's regulatory body for private career training institutions) findings in 2007 a secret to cover up the crime! Here is what we found:  

 

1. PCTIA's  Report about PTI’s license cancellation requested by College of the Rockies (CotR) President and CEO  Nick Rubidge is describing a large scale forgery of certificates that were intended and also used as prerequisite documentation to admit students without the necessary prerequisites into College of the Rockies (CotR) $15.000 tuition APN Program! No, no. this were Forged Documents and not fraudulent documents as reported by PCTIA's CEO Jim Wright.

 

2. Forgery only needs to prove "intend" in court, while fraud is much more difficult to prove! Perhaps CotR's Nick Rubidge had asked PCTIA to investigate PTI for allegedly providing false program completion certificate and work experience documents, which were used as prerequisite for just a student to gain entry into an LPN Program offered by CotR.  But this wasn't only one Student, there were many more!   

 

3. In this respect many indictable criminal offences were committed as described in the report that would have lead to convictions and a thorough investigation if reported to the Police for they would have found that BC's Ministry for Advanced Education's Student Loan Department was defrauded for around $450,000 by CotR due to admissions, based on forged prerequisites!

 

4. During an investigation the Police would have also found, that CotR nearly never verified what PTI submitted and that would have extended the forgery to public Servants of the College! They would have also found, that Jane Johnston had forged or manipulated many pencil filled multiple choice Academic English Assessment Tests and Essays to fill classes, while CotR hardly verified anything PTI submitted!     

 

5. Prerequisites are legally binding and they are set by a College to insure that students admitted to the course they apply to, have the ability to succeed! If they are falsified/forged the student's chances to succeed are very slim and that's why they didn't succeed! In this respect students admitted into a course are victims of crime cannot be blamed if they don't succeed, nor should they be liable for paying for the course!

 

6. PTCIA's report, describing the crime was not disclosed to students in 2007 nor made public, CC'd by PCTIA's CEO Jim Wright to  CotR's CEO Nick Rubidge and then ended up in PCTIA's archives! When we tried to get the report in 2009 PCTIA did do everything in their power to prevent disclosure and delayed the disclosure after the Provincial election! 

 

7. According to CotR, between 2003 and 2007 there were 34 Students who were admitted by PTI and didn't succeed! We can only estimate that 30 of them had an ESL Background, since CotR's dishonest administration has so far refused to disclose that number, but there is evidence that this number is very close! Only a very few, who had English as their first Language failed and some of them failed for they did not have the work experience shown in their forged prerequisite Documentation.   

 

8. It is the extremely high number of unsuccessful ESL Background students compared to the total number of Students who didn't succeed, that CotR is trying to hide! It shows some well camouflaged racism! Jane Johnston, PTI's manager who produced all these forgeries was carefully redacted from PCTIA's report and and the report does not have a signature either!

 

9. Instead of protecting Students PCTIA hides the crime and the identity of the criminals. So does CotR's CEO Nick Rubidge who in the past he has held senior positions with AVED. Is he is using his influence there to cover up PTI's criminal activities, since a thorough investigation might have proven to be self incriminating.

 

10. It looks like, that Nick Rubidge is protecting the criminal, for when Gary Wice the student, who exposed Jane Johnston criminal activities requested a tuition refund as compensation for his unjustified withdrawal, CotR denied any help, though CotR knew that PTI had a mandatory Fidelity Bond Insurance that would have covered the $15,000 he wanted back. But in this case charges had to be laid against Jane Johnston! Something that Nick Rubidge did avoid! Why?

 

11. All the students I talked to joined the APN Program in good faith and figured they could have succeeded, but that the Program was not properly delivered or they should have passed etc.! That's exactly what CotR wanted them to focus on, for there is no way students can sue a college for educational malpractice and never mind the police! Therefore CotR avoided to discuss PTI's role by telling unsuccessful students to direct their Complaints to their lawyer in Vancouver while Students had no idea about the forged Prerequisites in their Student files in remote Cranbrook. If their files would have been in the Vancouver area, they might have gone with their friends to look  at them, but since their Academic English skills did not reflect CotR's test results, they had problems to formulate a written request and what they are looking for.

 

12. Since PTI got paid $5,760 for each student recruited, it's obvious, that PTI's task to take control of how the  English Essay and the pencil filled Multiple Choice Academic English Assessment test was done presented a high conflict of Interest risk! A risk, CotR completely ignored from 2003 -2007 while at the same time they avoided any rapport to Students visiting PTI once per week! Though already in 2003, 6 Students  representing  ~80% of the unsuccessful students had an ESL background, CotR ignored the highly possible conflict of interest and didn't investigate if PTI had followed proper test procedures! Instead they decided not to keep any records on file that would show the high percentage of ESL Background Students that did not succeed compared to those that were unsuccessful and had English as their first Language!

 

13. Not one of them ever figured out, that they couldn't succeed due to forged prerequisites. When 3 students took CotR to Small Claims Court in 2008, they had absolutely no knowledge of PCTIA's report and CotR's lawyer immediately tried to convince the Court that PTI or Jane Johnston were not relevant for any of the student claims, though students had included PTI in their complaint! If PCTIA's report would have been disclosed to them in 2007 they would have had something that they could have taken to the police and most likely the Police could have been successful in charging Jane Johnston and also determine CotR's role in this! Perhaps they could have given that report to a lawyer. who then would have insured, that students received their well deserved refund already in 2007/08.

 

14. Though I made AVED aware of PCTIA's report their Deputy Minister is ignoring the issue and makes fun out of students, by telling them that it would have been the students responsibility to notify the Police! When we tried this in 2009, we didn't have any data, that the RCMP needed to positively identify Jane Johnston out of the many, Jane Johnston's in BC. However, it's the responsibility of good government to insure all their citizens are protected against crime and that responsibility also applies to AVED and their deputy Minister! Sure there are the courts, but just to look at and study the problem lawyers wanted $4,000 to $5,000 retainer to take the case into regular court, they figured  $80,000 to $100,000! This this equal to a denial of Justice! I am fighting CotR for I have seen then desperation and pain this has caused to those who still suffer the consequences of the crime they were a victim off!

    

The Victims of this crime have no resources to fight back! They need help for the legal trouble they are a victim of, if you can and want to help please contact us by Email

January 9th, 2012 The following is without Prejudice, but should give the reader a good idea about the evidence we have! We are going to provide links to all relevant documents that support what is written here. 

1. Requesting new data

After 3 ESL background students succeeded against College of the Rockies (CotR) in Small Claims Court, Gary Wice contacted me in response to an article in the Vancouver Sun. He wondered why he never received a refund he requested form CotR in 2007 and also told me, that there were a lot of students in his class who failed. Then Margarita T told me in her class, there were 6 to 7 Students who failed and had an ESL Background. Therefore she to wrote CotR asking to tell her how many Students failed CotR's APN Program between 2003 and 2007 and how many of them had an ESL Background.

2. CotR's $2,600 secret

However, CotR's VP Doug Mclachlan replied asking for $2,600, claiming that CotR would need over 90 hours to search for documents in students files archives for a document that may exist, since CotR didn't collect Language information from students during their general intake Process! Clearly a refusal to disclose those numbers since Information of the APNP Students first Language was was collected since 2003, when Students were required to fill out a Personal Data sheet before they took the Academic English Assessment test, which clearly asked if English was their first Language with Yes or No.

3. CotR collected plenty of ESL Background info on students, but didn't keep records

In 2004 the same Doug Mclachlan who was the Dean for the APN Program wrote a letter to Delia C, telling her that from the beginning of 2004 each ESL applicant had to take an ESL test at Douglas College in New Westminster. Besides a billing record from Douglas College there is a Prerequisite Data Sheet and Douglas College's test result in each ESL Student file, much more then McLachlan's maybe exists. Meaning ESL background information was collected by CotR, but they didn't keep any records on file!

4. ESL background Info should be transparent! 

Between 2003 and 2007 34 students failed after they were admitted through PTI which amounts to $495.000 tuition and we believe that transparency requires that the number of students who failed and had an ESL Background should be kept on record and be available free of charge to anyone! It's definitively CotR's fault, that they didn't keep a record of what they collected and we say that these records were intentionally not made or kept!

5. Why did 6 ESL Background Students out of 22 not succeed in CotR's 2003/04 APN Program?

That's something I noticed right away when I studied the student list in 2007. Was that something CotR never noticed and ever since I wondered why! Prerequisites for a College Program are chosen and established to insure that all students within the prerequisite requirements can succeed! We know from CotR's numbers that 2003/04 8 students didn't succeed, but we have only 7 names! Out of these 6 have an ESL Background. However that I firmly believe should have never happened if Language prerequisites were properly selected and the students met the requirements. 

6. What were the Prerequisites for CotR's APN Program and why?       

Since CotR's APN Program was a self study course of theory during the first 2 semester a high degree of academic English skills were essential for students to succeed! In order to meet these prerequisites there was an Essay to be written under close supervision without any help and a Multiple Choice Academic English Assessment test to be filled with Pencil. the other Prerequisites were a BC Registered Care Attendant Certificate and 1000 to 1500 hours experience after being certified as RCA. I like to outline here, that the above prerequisites were not needed for other full time face to face LPN training courses with other provincial colleges in BC offered for only around $5,000. That this course was meant for students with excellent Academic English skills and experienced RCA's.

7. Why didn't McLachlan check out in 2004 why 7 -  8 Students could not succeed?

Clearly if the prerequisites were genuine, this high number of students should have never failed and therefore it was McLachlan's duty as their Dean to investigate what really happened. Since the English Essay and the Academic English Assessment Test was completely handled by PTI and PTI was paid $5,760 per student there was a very high Conflict of Interest risk, that had to be addressed. So McLachlan should have arranged for a meeting with all unsuccessful students in Vancouver and asked them about their experience with PTI. They would have told McLachlan, that they were asked to do their English Essays at home! But such an easy investigation never happened! Instead Delia C, whose online instructor Sandi Hill (Hendrickson), complained bitterly about Delia's poor academic English skills, also reflected in Doug McLachlan's letter to Delia C in 2004, was readmitted though an new Academic English assessment test was never done under McLachlan's leadership and CotR's rules for readmission were completely ignored! The ESL test required was only an easy Oral test, that did not address Delia's weak academic English skills! In this respect even Douglas College's Instructor wondered why no written test was done and wrote that Delia actual did not pass the ESL test if Douglas College standards were applied! When Delia spoke for 15 seconds to a judge in Small Claims Court, the Judge right away told her she had to get a court certified interpreter for any future court sessions. Morris W wrote a letter in May 2004 to CotR complaining about PTI. If you read it you could easily conclude, that it would be impossible to be written by someone who scored 95%+ in the Academic English Assessment Test that entered Morris into the APN Program! Something Doug Mclachlan should have noticed when Morris phoned him up- to discuss the letter. Instead Doug Mclachlan focused on Morris' poor results and then told him he could contact CotR's lawyer in Vancouver! Under the circumstances or the documented evidence, we can safely say that Doug McLachlan didn't want to investigate anything that would compromise or put PTI's activities in doubt as long as the $15,000 per Student was coming in!

8. But the year thereafter was even worse

In the 2004/05F APN Program out of 21 participating students 10 did not succeed and 8 - 9 or even all 10 had an ESL Background. From here until 2007 we know for sure that all the ESL Background students had been sent to Douglas College for an ESL test and that therefore ESL Background data was collected, but I guess intentionally not put on record!

9. Why the high number of ESL students not succeeding kept on going until 2007!

Though one can be sure that CotR was fully aware about the Conflict Interest Risk due to PTI's role of conducting the Academic English Assessment Tests, CotR never investigated how the academic English Assessment tests and Essays were done and arranged by PTI. Perhaps since 2003 CotR avoided any rapport with students during their first 2 semester with PTI in New Westminster. Besides this CotR never provided any Student Association contact information to APN Program students and the ESL Background students didn't have the slightest idea, that perhaps there was a Student Association in Cranbrook. Starting 2003 according to the Service Contract, students could have asked PTI for tutoring to be supplied by CotR. That was never disclosed and no tutor ever assisted and talked to students during the first 2 Semester in New Westminster between 2003 and 2007. Perhaps Margarita says they were told that they were not permitted to phone up anyone at CotR! If CotR would have sent or hired tutor for New Westminster, students would have told, what happened at PTI and it looks like something that McLachlan and Company tried to avoid! Margarita says, that 6 - 7 classmates shared with her that they were admitted by purchasing an RCA certificate from Jane Johnston. A certificate, that was never handed out or shown to students and only used to create a copy that was sent to CotR for admission. Margarita says she wrote the English Essay at home and there were 5 students who wrote the Academic English Assessment test together with her and that each of these classmates prior to this test had been provided by Jane Johnston with questions and results of that test to study at home! Naturally most of them couldn't succeed in the APN Program though all of them passed with high scores that didn't reflect their real Academic English skills, similar as in 2003 where we know that Delia and Morris could have never achieved an 87% or 95% score. But now in order to avoid transparency CotR stopped to show the actual scores in % in Margarita's records and though you can see that Margarita failed the Essay (Writing Score), she was not asked to redo it and she was admitted anyway

10. CotR's long standing refusal to disclose the service contract

CotR left students to believe, that Jane Johnston was their instructor and tutor in Vancouver. Though she wasn't she didn't tell them either! Though Morris W's letter clearly complained that the Program was not properly delivered by PTI, CotR's McLachlan never made this clear to Morris W or any other student that PTI was not responsible for that! Perhaps CotR's administration had refused until 2009 to disclose the service Contract, that clearly defined PTI's and CotR's roles, though transparency would have required this since students had the right to know PTI's  and CotR's role since they paid $15,000 tuition for the course! Instead CotR had asked their lawyer to attack me openly in the New Westminster Court lobby, threatening me with cost if they had to fight Morris W's Order to a Judge for disclosure of the Service Contract! Why me?? I was only assisting Morris W. CotR just loves their lawyer to threaten and intimidate anyone who tries to assist those poor defrauded students. They seem to be proud that they ruined those peoples lives and figure that they can use lawyers like pit-bulls to bully them or anyo0ne assisting!   

11. What happened in 2007  

The Scam kept on going until 2007, when Gary Wice reported Jane Johnston to the College of Registered Nurses! He told his Dean Gary Johnson in 2007, that he had no work experience and was right away withdrawn from the course he paid 15,000 for, since work experience was prerequisite and therefore legally binding . He was never told by PTI's Jane Johnston that he needed any experience as an RCA and CotR produced a Work history document that he told them wasn't from him. In this respect it can be concluded, that all the students Jane Johnston sold a RCA Certificate to be admitted had a work history in their files, that wasn't from them  and could not be verified. Since CotR did not believe him, Gary said he filed a complaint with the College of Registered Nurses about PTI's Jane Johnston he knew, was responsible for the forged Work History in his student file! They hired a private Investigator who told Gary he found multiple forgeries and as a result Jane Johnston's license as an RN was cancelled! Then CotR immediately severed their ties with PTI. Gary also said there were a lot of students who failed in his class! Therefore we need to know how many of those had an ESL Background?

12. Why was the Fidelity Bond Insurance not used in 2007 to refund Gary Wice?

When Gary Wice asked for the $15,000 to be refunded, he was advised by CotR that PTI had his money and that therefore they could not honor his request. But looking at the Service Contract CotR had with PTI,  PTI had to have a valid insurance coverage as a Fidelity Bond for $50,000 for each employee. Since Jane Johnston was employed by PTI, all CotR had to do was to ask PTI's owner Dr. Peter Ko to file a claim with the Fidelity Bond insurance company. However in this case the Fidelity Bond insurer would have required that charges were filed against Jane Johnston who is also the wife of Mike Johnston . This never happed and question is why? In case PTI was not insured, CotR could have held Dr. Ko liable as well. This never happened either!

13. Were there any verifications of prerequisite Documents by CotR at all?

According to the Service Contract it was CotR's duty to verify all prerequisite documents submitted by PTI. Here the interesting question is why were Gary Wice's and other APN Program students prerequisite documents not properly verified? In view of Gary Wice's forged Work History we can conclude that all the Students who purchased a RCA certificate from Jane Johnston, have forged work history documents in their student files which  were not verifiable, something CotR should have definitively noticed by checking on employers and that applies to Gary Wice's Work History as well. But we also found 2 (I. B's and Margarita T's)  certificates submitted to CotR, that could be clearly and easily identified as false and therefore forged! Why was that never discovered if any verifications were done at all. We were looking at only 4 Student files and found 2 Certificates that can be clearly identified as being false by just looking at them! We also have Margarita's work history we know was never verified by CotR, for there is no Employers address or Contact information. Since none of the students, who were sold an RCA Certificate for admission were told they needed a work history from their employer certifying they had at least 1000 hours work Experience as an RCA, none of the Works Certificates, of students who purchased an RCA certificate from Jane Johnston could have been verifiable and CotR never did anything to verify any at all. There was a Nancy Janisch at CotR who shows up and we believe from 2003 to 2007 for verification of prerequisite Documentation. After 2007 she was promoted to be an Executive Assistant to Doug McLachlan and in 2009 and 2010 she also was an Executive Assistant for a Board of Governors meeting. However Nancy Janisch completely disappeared from CotR around August 2011, Just around the time Margarita received her Jane Johnston forgeries from CotR.

The devastating consequences for the victims!  

In Canada an unpaid Student Loan remains active and can not be included into bankruptcy proceedings and it will have a very negative impact on a person's credit rating! Since many of these students didn't have a job with an income to repay the $15,000 they lost due to PTI's criminal activities, ended up in collection, who is steadily harassing them and has destroyed their financial reputation credit rating to the point where they have serious problems to keep even a low paying job! Some of them were advised by PTI to quit their permanent jobs when they were admitted and after they were kicked out of the APN Program their job was no longer available and the found only Part Time work, that didn't allow them to repay their student loans!

An Example of Consequences for the Victims and the Ombudsperson!

Take for example Margarita T. and look at her complaint to the Ombudsperson in March 2011, Other students  complained already in 2007, with the result that the Ombudsperson took a hear no Evil, see no Evil do no Evil attitude! As far as I understood them in 2008, they had obtained PTI's files from PCTIA, including the report and instead of investigating CotR, they seemed to investigate the students and closed all their files, for apparently the students didn't respond. The College of Registered Nurses fall under the jurisdiction of the Ombudsperson's office, but they didn't even find out, that Jane Johnston lost her RN license due to Gary Wice's complaint to RN College. Whenever I mentioned, that there were criminal activities involved, that they could refer to police for further investigation they would reply: "Oh, no if it's criminal we don't deal with it at all", They would not even look at the unfairness that would is caused by a criminal act towards the complainant!  Maybe the Ombudsperson's office should be renamed to the "Executive Public Servants Job Protection Agency" with the slogan, complaints are welcome, but we are here to close them in favor of our beloved Public Servants!  

 

For more information please  contact us

 

College of the Rockies

President & CEO

Dr. Nick Rubidge

 

does he look like a white collar criminal?

If he is not:

Why did he ignore the Forgery Crimes described in PCTIA's Report?

Based on this, why didn't he initialize further investigations?

Why didn't he insure that PTI's Fidelety Bond Insurance refunded Gary Wice in 2007

Why does he protect the criminals by not disclosing what really happened to many ESL Background Students?  

Why did he allow, that the victims of the crimes reported were and are still harassed by Student Loan, destroying their future and financial reputation?

  Was it greed and racism that motivated him and others to tolerate PTI's Jane Johnston's criminal activities? 

Was he behind the he ruthless way his College implemented their shysters in Vancouver

I am not trying to target Nick Rubidge, there may be others in his Organization to be blamed, but as President and CEO he is responsible for their actions within the College!  

 

 

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