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ITT college director fails in federal appeal over dismissal

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A former director of a California ITT Technical Institute campus failed to convince the 7th Circuit Court of Appeals that he was terminated because he complained about the way the school handled federally subsidized student loans and grants.

The court affirmed a summary judgment ruling and costs in favor of ITT Tuesday in an appeal from Jason Halasa, who directed the company’s Lathrop, Calif., campus for six months in 2009. ITT said Halasa was fired for showing poor management skills and delivering inadequate results.

Halasa sued the school on a claim that his rights were violated under the False Claims Act, 31 U.S.C. § 3730(h).

“We conclude that even if Halasa did engage in protected conduct under the act, he has not shown that he was fired because of this conduct. Thus, we affirm the decisions of the district court,” the court ruled.

Halasa contended that the school was in disarray when he arrived and that employees were engaged in illegal recruiting practices, including being paid on an incentive basis linked to enrollments. ITT countered that it received several complaints about Halasa on its ethics alert line.

“Halasa has not shown that ITT fired him because of any protected conduct. The district court therefore properly granted summary judgment in ITT’s favor, because Halasa failed to respond with evidence on one of the essential elements of his claim for retaliatory discharge in violation of the act,” the court ruled.

The court also affirmed the District Court’s order that Halasa pay ITT’s litigation costs in excess of $36,000.

 

 

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  1. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  2. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  3. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  4. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  5. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

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