http://legaltimes.typepad.com/blt/2011/02/for-profit-college-group-sues-gao-alleging-malpractice-negligence.htmlFEBRUARY 02, 2011
For-Profit College Group Sues GAO Alleging Malpractice, Negligence
A coalition representing some of the nation’s for-profit colleges sued the Government Accountability Office on Wednesday for alleged professional malpractice and negligence in its investigation of so-called career colleges.
The lawsuit—Coalition for Educational Success v. U.S.—was filed under the Federal Tort Claims Act in Washington federal court on behalf of the Chicago-based coalition by Paul Smith, a partner at Jenner & Block. It charges that the GAO “issued a negligently written, biased and distorted report that foreseeably caused substantial financial injury” to the coalition.
Last June, the Senate Health, Education, Labor and Pension Committee, chaired by Sen. Tom Harkin (D-Iowa), began a series of hearings to examine federal education spending at career colleges, such as Strayer University and ITT Technical Institute. In preparation for the hearings, Harkin, a critic of career colleges, asked the GAO to conduct an undercover investigation to determine if career college representatives engaged in fraudulent, deceptive, or otherwise questionable marketing practices.
The GAO sent individuals posing as applicants to 15 career colleges in six states and Washington, D.C. In August, the government auditor released a highly critical report, stating that four of the career colleges engaged in fraudulent practices and that all 15 colleges made deceptive or otherwise questionable statements. The August report was submitted as testimony to the Senate committee. But in November, the GAO issued a revised report and testimony that corrected findings for 13 of the 15 colleges.
The revised report has triggered an
inquiry into the GAO’s forensic audit and special investigations unit by House Oversight and Government Reform Chairman Darrell Issa, R-Calif.more...