January 03, 2003 Seeks injunction to immediately regain chiropractic credentials MARIETTA ã Life University filed a lawsuit Thursday against the body that revoked its chiropractic 01/03/03 By Phillip Giltman Marietta Daily Journal Staff Writer MARIETTA ã Life University filed a lawsuit Thursday against the body that revoked its chiropractic accreditation and asked a federal judge to immediately reinstate the institution¼s credentials. „We are asking for an injunction in an effort to re-establish accreditation because we are contending that our due process was ignored,¾ newly appointed Life president Ben DeSpain said Thursday evening. „We are running out of time.¾ The lawsuit was filed Thursday in Atlanta¼s U.S. District Court. DeSpain said he hopes a judge will grant the injunction and immediately reinstate Life University as an accredited institution. „A judge can rule in a number of ways,¾ he said. „But, if the injunction is acted upon in the usual time frame, then we should hear back in the next couple of days.¾ The lawsuit claims that the Arizona-based Council on Chiropractic Education acted unfairly in revoking Life¼s chiropractic accreditation in June. DeSpain said Life will attempt to have the CCE named as a co- defendant in several lawsuits recently filed against the university by nearly 200 former and current students. In several of the suits, which are seeking class-action status, students are asking for damages exceeding $100 million for tuition, relocation costs and other expenses, the lawsuit states. DeSpain said the institution filed the lawsuit because officials felt the CCE was not adhering to its own standards and bylaws. „It seems the rules were made up as they went along,¾ he said. „We did not receive all the appropriate considerations.¾ DeSpain said Life will be asking for an expedited hearing if the injunction is not approved. „We want to get the trial done quickly,¾ he said. „An expedited hearing will accelerate the pace from a year or two to several weeks or months.¾ DeSpain said he thinks there is no question that there was some significant disregard by the CCE in adhering to proper procedures. CCE officials also declined to comment late Thursday on the lawsuit. The lawsuit also states that the CCE acted because of an animosity toward Life¼s founder and former president, Dr. Sid Williams. „(CCE Executive Vice President Paul) Walker recently confirmed his animus against Life when he informed Life¼s current president, prior to his interview with Life, that Life never should have lost accreditation, but that such action was due to åthat demagogue,¼ Dr. Williams,¾ the lawsuit states. Williams, who resigned after the school he founded 28 years ago lost its accreditation, was unavailable for comment Thursday night. After Life lost its credentials, the school witnessed a severe drop in its student enrollment. According to the 44-page lawsuit, chiropractic enrollment is now less than 300 students, down from nearly 700 in late fall and 2,600 in the spring. „If accreditation is not restored very quickly, Life¼s survival will become impossible,¾ the complaint states. Last month, DeSpain told an assembly that the university had enough money to fund the school for another two years, even without the tuition of a single chiropractic student. He said the funds would come from money already in reserves. The lawsuit is something of a surprise because DeSpain hinted at legal options last month but said it would not be the school¼s first priority. The CCE stripped Life University of its chiopractic accreditation on June 10 and a three-member panel refused to lift the revocation on Oct. 20. The CCE told Life University that they could not apply for accreditation until June 2004 with the hopes of being accredited by January 2005. „At this point we don¼t have much time, and I think the courts will see that injurious activity is going on,¾ he said. Life Board of Trustee Dr. James Sigafoose said he felt legal action should have been taken against the CCE earlier. „We should of sued them much earlier,¾ he said. Life board of trustees Chairman Dr. Chuck Ribley was unavailable for comment. DeSpain said Life will attempt to have the CCE named as a co- defendant in several lawsuits recently filed by nearly 200 former an current students. In several of the suits, which are seeking class- action suits, students are asking for damages exceeding $100 million for tuition relocation costs and other expenses, the lawsuit states.