Apollo Group

United States of America ex rel. Hendow v. University of Phoenix


Case Summary

This lawsuit is not about false claims. It is about the manipulation of a legal standard by two former disgruntled employees and their opportunistic trial lawyers. The plaintiffs are trying to twist a routine regulatory matter, previously resolved with the U.S. Department of Education, into a federal case of fraud and will not succeed.

The government regulations at issue in the lawsuit were adopted to prevent the enrollment of unqualified students. University of Phoenix’s compliance with these regulations is demonstrated by its low student loan default and high graduation rates – two widely-accepted measures of quality. For the period covered by this lawsuit, University of Phoenix’s average student loan default rate was well below the national average for comparable schools, and its graduation rate was equal to or better than the average rate found among four-year colleges and universities.

University of Phoenix’s quality is further validated by the fact that it is regionally accredited by the Higher Learning Commission and is a member of the North Central Association, one of six regional accrediting bodies considered to be the gold standard of accreditation. Regional accreditation is every bit as rigorous for University of Phoenix as it is for the other colleges and universities accredited by the North Central Association, which include Northwestern University, University of Notre Dame, University of Michigan, Ohio State University and University of Arizona, to name a few.

University of Phoenix looks forward to trying this case on its merits and is confident the evidence will support the fact that the University fully complied with the law. The plaintiffs’ approach to this litigation will not hold up at trial – they have disregarded the facts, used the wrong legal standard, and cannot demonstrate any harm caused to students or taxpayers. University of Phoenix is eager to turn this case on its head and expose the plaintiffs’ false claims, vindicating the University in the process. Trial is set for September 15, 2009.

For more information on the case, click here.

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Court Orders, Opinions and Filings


University of Phoenix Seeks Dismissal of False Claims Act Case
January 7, 2008: Order Denying Motion to Certify PDF 88KB
October 15, 2007: Defendant University of Phoenix's Reply in Support of its Motion to Certify the Order of August 17, 2007 for Interlocutory Appeal and to Amend the Order Accordingly PDF 66KB
September 11, 2007: Defendant University of Phoenix’s Memorandum of Points and Authorities in Support of its Motion to Certify the Order of August 17, 2007 for Interlocutory Appeal and to Amend the Order Accordingly PDF 1.7MB
August 17, 2007: Order Denying Motion to Dismiss PDF 26KB
June 18, 2007: Defendant University of Phoenix’s Reply in Support of its Motion to Dismiss Relators’ Second Amended Complaint PDF 108KB
March 22, 2007: Defendant’s Memorandum of Points and Authorities in Support of its Motion to Dismiss Relators’ Second Amended Complaint PDF 136KB

Defense, Health Care and Education Industries Join University of Phoenix in Asking U.S. Supreme Court to Curb Abuse of False Claims Act
March 26, 2007: Brief of the National Defense Industrial Association as Amicus Curiae in Support of the Petition for a Writ of Certiorari PDF 1.2MB
Brief of Amicus Curiae the Career College Association in Support of Petitioner 176KB
Brief for the American Health Care Association and the National Association for the Support of Long Term Care as Amici Curiae in Support of Petitioner 236KB

University of Phoenix Asks United States Supreme Court to Curb Abuse of False Claims Act
April 3, 2007: Reply Brief for Petitioner PDF 164 KB
January 22, 2007: Petition for a Writ of Certiorari PDF 92KB
 
University of Phoenix Answers Baseless False Claims Act Allegations
December 20, 2006: Answer of Defendant University of Phoenix to Second Amended Complaint PDF 1.4MB
 
Ninth Circuit Court of Appeals Denies University of Phoenix’s Request for Full-court Rehearing
October 24, 2006: Order PDF 28KB
 
University of Phoenix Asks Ninth Circuit Court of Appeals for Full-court Rehearing Given Panel's Dramatic Expansion of False Claims Act
September 25, 2006: Petition for Rehearing and Rehearing En Banc PDF 2.8MB
 
Ninth Circuit Court of Appeals Panel Reinstates Case
September 5, 2006: Opinion PDF 92KB
 
University of Phoenix Asks Ninth Circuit Court of Appeals Not to Reverse District Court's Rightful Dismissal of Baseless False Claims Act Allegations
January 28, 2005: Appellee University of Phoenix Answering Brief PDF 3.3MB

United States District Court for Eastern District of California Dismisses Baseless False Claims Act Allegations
May 19, 2004: Order Dismissing Second Amended Complaint PDF 204KB
February 19, 2004: Order Dismissing First Amended Complaint PDF 280KB
 
University of Phoenix Asks United States District Court for Eastern District of California to Dismiss Baseless False Claims Act Allegations
April 26, 2004: Defendant’s Reply Brief in Support of its Motion to Dismiss Relators’ Second Amended Complaint PDF 1.6MB
March 22, 2004: Defendant’s Memorandum of Points and Authorities in Support of its Motion to Dismiss Relators’ Second Amended Complaint PDF 1.7MB
October 20, 2003: Defendant University of Phoenix’s Memorandum of Points and Authorities in Support of its Motion to Dismiss PDF 1.4MB

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Background

 
Supreme Court of the United States Rules Under the False Claims Act a Plaintiff “Must Prove that the Defendant Intended that the False Statement be Material to the Government’s Decision to Pay or Approve the False Claim” and that “Eliminating this Element of Intent Would Expand the FCA Well Beyond its Intended Role in Combating ‘Fraud Against the Government’
The high court also reiterates, “As the District of Columbia Circuit pointed out, the reach of [the FCA] would then be ‘almost boundless: for example, liability could attach for any false claim made to any college or university, so long as the institution has received some federal grants – as most of them do’”
June 9, 2008: Opinion PDF 171KB
 
Ninth Circuit Court of Appeals Rules Higher Education Act Does Not Prohibit Salary Reviews Generally, But Rather Bars Payment of "Commission, Bonus, or Other Incentive Payment" Solely on Basis of Recruitment Success
Court's decision also makes clear personnel actions such as hiring, firing, promotions, demotions, and corrective or disciplinary actions are not governed or prohibited by Higher Education Act and good faith efforts to comply with Safe Harbor regulations prevent relators from proving required scienter under False Claims Act
January 4, 2008: Memorandum PDF 20KB
 
Arizona State Board of Private Postsecondary Education Verifies University of Phoenix's Compliance with Statute and Rule and Dismisses Complaint
June 1, 2005: Letter of Complaint Dismissal PDF 20KB
March 30, 2005: Investigative Report PDF 76KB
 
University of Phoenix and U.S. Department of Education Resolve Flawed Program Review Report with Terms Constituting Implicit Rejection of Report's Allegations
September 7, 2004: Settlement Agreement PDF 172KB
For more on the flawed program review report, click here.
 
Leading Accounting Firm Validates Compliance of University of Phoenix's Compensation System
March 22, 2004: Presentation Prepared for U.S. Department of Education POWER POINT 236KB
 
U.S. Department of Education Clarifies Incentive Compensation Standard
November 1, 2002: Federal Register PDF 256KB
August 8, 2002: Federal Register PDF 188KB
 
U.S. Department of Education Issues Policy Regarding Incentive Compensation Issues, Directing That They be Treated as Compliance Matters
October 2002: Memorandum from Department of Education Deputy Secretary PDF 88KB

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News


January 8, 2008:

Statement on Status of Motion to Certify Order Denying Motion to Dismiss False Claims Act Case

August 20, 2007:

Statement on Status of Motion to Dismiss False Claims Act Case

April 23, 2007:

Statement on Status of Petition to United States Supreme Court

March 27, 2007:

Defense, Health Care and Education Industries Join University of Phoenix in Asking U.S. Supreme Court to Curb Abuse of False Claims Act

March 22, 2007:

Statement on Motion to Dismiss False Claims Act Case

January 22, 2007:

University of Phoenix Asks United States Supreme Court to Curb Abuse of False Claims Act

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Timeline of Key Events

For more information on the timeline of key events, click here. PDF 40KB Hendow Case Timeling of Key Events

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Links

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