Support Antonio Anderson's Right to Graduate!

Antonio Anderson completed all requirements and coursework to obtain an MS from Capella University, he was scheduled to graduate with a MS degree in Clinical Psychology in June, 2012, having been approved for graduation. He did not receive his diploma. The reasons why he did not graduate underlay the gravamen of this petition.

On December 15, 2011, Dr. Seth Williams, Faculty Chair, MS in Clinical and Counseling Psychology, emailed Mr. Anderson the decision of The Professional Standards Committee that contained a list of special requirements he had to meet in order to remain in the program. Mr. Anderson was required to do the following:

1. Submit a copy of the current licensure of a licensed mental health provider and a signed release of information form authorizing the provider to speak with Dr. Williams.

2. Receive approval in writing from Dr. Williams of the selected mental health provider. Allow Dr. Williams to contact and speak to the mental health provider.

3. Complete at least three visits with the approved mental health provider.

4. Have the mental health provider submit to Dr. Williams a letter confirming Mr. Anderson’s attendance for the three visits and indicating that he participated in a meaningful way in self-examination.

5. Submit to Dr. Williams a reflection letter exploring the issues which led to Mr. Anderson’s referral to the PSC, including reflections on what he had discovered in his sessions with the approved mental health provider.

The letter specified that, “If you fail to demonstrate compliance with the above-required steps, the Chair is authorized to have you withdrawn from the Programs on or after July 1, 2012.”

Mr. Anderson complied with the first requirement by selecting as the licensed mental health provider Dr. Aykui Damaryan, and providing Dr. Damaryan’s qualifications and a Release of Information form from Dr. Damaryan. Dr. Williams did not approve the selection, asking Mr. Anderson to select another licensed

mental health provider and to email Kelly Von Ruden the qualifications and Release of Information form from the second licensed mental health provider.

On May 30, 2012, Mr. Anderson emailed the qualifications of Dr. Mauro Amador, a licensed mental health provider, to Kelly Von Ruden. He did not provide the Release of Information form from Dr. Amador while awaiting wether or not they would accept Dr. Amador.

On July 19, 2012, Mr. Anderson received an email from Kelly Von Ruden regarding an attachment from Dr. Williams. THERE WAS NO ATTACHMENT INCLUDED, but the subject line on the email was “Removal from the Program Notification.” weeks later, Mr. Anderson was provided the attachment, which notified him that he was to be withdrawn from the MS in Clinical Psychology program.

Mr. Anderson afforded himself the opportunity to appeal his removal from the MS in Clinical Psychology program. His appeal was denied.

California courts have held that the relationship between a student and his university is contractual in nature (Zumbrun v. University of Southern California (1972) 25 Cal. App. 3d 1, 10. [“The basic legal relation between a student and a private university or college is contractual in nature. The catalogues, bulletins, circulars, and regulations of the institution made available to the matriculant become a part of the contract.”]) and that the covenant of good faith and fair dealing implied in every contract governs a university’s actions that impact that relationship. (Kashmiri v. Regents of University of California (2007)156 Cal. App. 4th 809, 831. [“We agree that educational institutions retain the right to raise the fees when that is specified in their catalogues or other publications as long as the increase is reasonable and does not violate any duty of good faith and fair dealing.”])

In light of applicable California law discussed in the previous paragraph, Capella University has a continuing obligation to act in good faith and to deal fairly with Mr. Anderson. Given that the requirements that kept Mr. Anderson from graduating were not based on academic performance, but rather requirements connected to disciplinary action, I request that Dr. Williams be asked to give Mr. Anderson one final chance to fulfill the requirements Dr. Williams specified in his December 15, 2011 email, with the understanding that if he does fulfill the requirements to Dr. Williams’ satisfaction, Mr. Anderson will graduate with an MS degree in Clinical Psychology.