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Cautionary Tale Brain Injury Network


									A Cautionary Tale:
Brain Injury Network, Santa Rosa Junior College, ABIS Club, Student Crime Victim, Student Crime Perpetrator Time-Line

#       Title        Date             BINSCI Highlights                     SRJC Highlights               Other Highlights

1   Letter from   March 3,    SRJC Disability Resource
    BINSCI to     2002        Department has misappropriated
    SRJC                      BINSCI’s survivor driven modality

2   Letter from   May 18,     BINSCI is independent and
    BINSCI to     2002        survivor operated brain injury
    SRJC                      nonprofit agency in Sonoma
                              County, Ca.

                              SRJC Disability Resource
                              Department is using BINSCI’s
                              concept without safeguards and

                              SRJC is endangering students with
                              cognitive challenges.

3   Letter from   May 22,                                          From SRJC President Agrella:
    Agrella to    2002                                             Dean Frongia, etc., will review.

#   Title         Date       BINSCI Highlights   SRJC Highlights                       Other Highlights

4   Letter from   June 20,                       From Dean Frongia:
    Dean          2002
    Frongia to                                   She conferred with ABIS Club
    BINSCI                                       President Kory White, faculty
                                                 advisor Nancy Chinn and others at
                                                 SRJC regarding ABIS Club

                                                 There are no irregularities in the
                                                 ABIS Club operation.

                                                 All students in the Club are
                                                 expected to adhere to the College’s
                                                 student conduct standards.

                                                 The students, not the district,
                                                 operate the ABIS Club.

                                                 The College is powerless to
                                                 control the Club.

                                                 The students in the Club are adults
                                                 who don’t need to be protected.

#   Title         Date      BINSCI Highlights                     SRJC Highlights   Other Highlights

5   Letter from   July 9,   California Education Code Section
    BINSCI to     2002      76062 requires SRJC Board of
    SRJC                    Trustees review and authorize
                            ABIS Club activities.

                            Frongia’s positions are frightening
                            and naive.

                            Trained, screened, accountable
                            leadership is required.

                            A College representative must
                            attend all functions from start to

                            The Club must carry insurance.

                            Cognitively challenged adults need
                            more supports.

                            Investigate misconduct in ABIS

                            The victim student’s name and
                            phone number are given.

#   Title         Date        BINSCI Highlights                      SRJC Highlights                    Other Highlights

6   Press         Sept. 29,   Hultberg: ABIS Club lacks              Frongia: the ABIS Club operates    ABIS Club President
    Democrat      2002        adequate supervision and protocols     within educational standards and   Kory White
    (Santa                    to protect students.                   policies.                          characterized as Club
    Rosa, Ca.                                                                                           organizer and leader.

7   Letter from   Oct. 2,     BINSCI has received no response
    BINSCI to     2002        to the 7-9-02 letter.
                              Numerous program improvements
                              are suggested.

                              Request for clarification as to
                              whether or not SRJC operates its
                              brain injury program to standard.

                              Request that SRJC seek external
                              review of its practices and policies
                              vis-à-vis cognitively challenged

                              How is the SRJC going to help a
                              cognitively challenged student go
                              through their complaint process?

#   Title         Date        BINSCI Highlights                      SRJC Highlights                      Other Highlights

8   Letter from   Oct. 7.                                            Agrella: “Dean Frongia, College
    SRJC to       2002                                               staff and I believe that we have
    BINSCI                                                           responded to your concerns as best
                                                                     we can.”

9   Letter from   March 22,   SRJC has never responded to
    BINSCI to     2003        BINSCI’s concerns.
                              SRJC and specifically Dean
                              Frongia did not properly investigate
                              July 2002 confidential charges of

                              Therefore, BINSCI investigated
                              with the victim student.

                              Our investigation shows ABIS
                              Club President White embezzled
                              from cognitively challenged student
                              in Club.

                              SRJC did not inform student victim
                              about complaint procedures.

#   Title         Date        BINSCI Highlights                     SRJC Highlights                        Other Highlights

9   Letter from   March 22,   The SRJC student victim wants
    BINSCI to     2003        restitution from the SRJC.
    (continued)               There is massive evidence of crime.

                              Many pages of evidence given to
                              Sheriff’s Department are also given
                              to SRJC President Agrella with this

                              Remove student perpetrator from
                              access to other cognitively fragile

                              Investigate if any other students
                              with cognitive challenges exposed
                              to the perpetrator were harmed.

                              The case is now in the hands of the
                              Sonoma County Sheriff’s Office.

10 Letter from    March 26,                                         Agrella: “Since your letter
   SRJC to        2003                                              describers activities you believe
   BINSCI                                                           are under criminal investigation by
                                                                    the Sonoma County Sheriff’s
                                                                    Office I will await to hear from
                                                                    them about this matter. Be assured
                                                                    that the college will cooperate with
                                                                    the Sheriff’s Department in any
                                                                    way possible.”
#   Title        Date        BINSCI Highlights   SRJC Highlights                      Other Highlights

11 Superior      April 15,                                                            Kory White charged
   Court of      2004                                                                 with Section 368(d), a
   California,                                                                        felony (theft and
   County of                                                                          embezzlement)

12 Superior      June 8,                                                              Kory White charged
   Court of      2004                                                                 with Section 368(d), a
   California,                                                                        felony (theft and
   County of                                                                          embezzlement) and
   Sonoma 1st                                                                         Section 487(a), a
   Amended                                                                            misdemeanor (unlawful
   Felony                                                                             taking of money and
   Complaint                                                                          personal property)

13 SRJC Event    Event:                          “The celebration will begin with
   Details       Brain                           the presentation of the Kory White
   (2004         Injury                          Inspiration Award….”
   catalogue)    Awareness
                 Event on

#   Title         Date        BINSCI Highlights                     SRJC Highlights                     Other Highlights

14 Superior       Printed                                                                               Kory White Conviction
   Court of       10-08-04                                                                              as to Count II PC 487
   California,                                                                                          (a) on Sept. 15, 2004
   County of
   Sonoma,                                                                                              Court finds defendant
   Criminal                                                                                             guilty.
   Courtroom                                                                                            Conditional sentence
   Minutes                                                                                              granted 24 months.

                                                                                                        “Defendant not to work
                                                                                                        with brain damaged
                                                                                                        patients or belong to
                                                                                                        any clubs frequented by
                                                                                                        said persons”

15 Meeting        September   Taggart: Withdraw the Kory            Frongia: I wasn’t around when all   Delegation of people
   between Dean   29, 2004    White Inspiration award.              of this happened. We can’t do       with brain injuries from
   Frongia and                                                      anything without a conviction.      BINSCI meet with
   people with                                                                                          Dean Frongia and
   disabilities               Vining: she’s being prosecuted by     Frongia: Show me the                Nancy Chinn in
   representing               DA                                    documentation.                      Frongia’s office
   BINSCI                                                                                               demanding Kory White
                              Vining: we don’t have it on us, but                                       Inspiration Award be
                              we’ve seen the paper on it.                                               withdrawn.

                              Mills: This is a felony. This looks   Frongia: No.                        The award was
                              bad for the College.                                                      withdrawn by the next
#   Title         Date        BINSCI Highlights   SRJC Highlights                       Other Highlights

16 SRJC Student   April 12,                       When asked if a grievance was         Kory White is running
   Newspaper,     2005                            filed, or if the college played any   for student body
   Oak Leaf                                       role in the incident, Nancy Chinn,    president at the SRJC.
   Article,                                       who has been the ABIS club
   “Kory                                          advisor since it was founded, said,   Oak Leaf reports Kory
   White’s                                        “The college is responsible for       White’s conviction.
   Checkered                                      club activities, and this was not
   Past”                                          relevant to club activities.”         White wins election 4-

17 Internet       April 22,                                                             Ownership of ABIS
   Registry       2005                                                                  website
   Data/                                                                                ( was
   Network                                                                              still in hands of Kory
   Solutions                                                                            White.

                                                                                        Ownership was
                                                                                        renewed 4-2-05.

                                                                                        What about e-mail to

                                                                                        After BINSCI informed
                                                                                        the Superior Court,
                                                                                        White apparently
                                                                                        relinquished ownership

#    Title                Date      BINSCI Highlights                 SRJC Highlights                    Other Highlights

18   SRJC Student         May 11,   Mr. M (student victim of the      Navarrette: College is generally   White filed a
     Newspaper, Oak       2005      thefts): SRJC ignored me.         responsible for College Club       complaint at the SRJC
     Leaf Article,                  Administrators should have done   activities, but not necessarily.   against the Oak Leaf
     “Did the                       more.                                                                student reporter who
     administration let                                                                                  broke the story.
     White off the                  Hultberg: SRJC should have
     hook?”                         monitored Club. College

19   Letter from       May 13,                                        He says he’s the one who has
     Robert J. Henry,  2005                                           been giving the legal advice re
     Of Counsel for                                                   Kory White to the College
     the SRJC (School                                                 administrators.
     and College Legal
     Services of                                                      He says Hultberg’s April 13,
     California) to                                                   2005 e-mail to Trustee Ms.
     Hultberg at                                                      Dupre contains 5 inaccuracies.
     BINSCI                                                           He says:

                                                                      College did so do something
                                                                      and did not do nothing and just
                                                                      cover things up. For example,
                                                                      he looked at the police report
                                                                      and probation report about the

                                                                      Chinn’s statement in 4-12-05
                                                                      Oak Leaf is not a lie.

#    Title               Date       BINSCI Highlights                  SRJC Highlights                     Other Highlights

19. Letter from Henry                                                  White can’t be denied
    (continued)                                                        admission.

                                                                       Administrators didn’t cover-up.

                                                                       Frongia didn’t know about
                                                                       allegations or conviction.

                                                                       He says Hultberg should seek
                                                                       legal counsel because in the
                                                                       context of her letter she appears
                                                                       to be defaming identifiable
                                                                       college employees.

20   Email from          May 17,    Hultberg (TBI Survivor 1985): I
     Hultberg to         2005       stand by everything I have said.
     Trustee Marsha

21   Santa Rosa Junior   July 19,                                      Kory White appointed to SRJC
     College Board of    2005                                          Citizen’s Bond Committee as
     Trustees Meeting                                                  student representative for one
     Minutes                                                           year term by Agrella and the
                                                                       Board of Trustees

#    Title               Date        BINSCI Highlights                     SRJC Highlights   Other Highlights

22   Complaint Letter    April 24,   BINSCI asks this accreditation                          Letter dated May 9,
     is sent to the      2005        organization to investigate                             2005 received from
     Western                         SRJC’s handling of this issue.                          Mr. G. Jack Pond,
     Association of                                                                          Associate Director.
     Schools and                                                                             They have no
     Colleges                                                                                authority to act in the

23   Complaint Letter    April 24,   BINSCI asks Chancellor                                  No response is ever
     sent to Internal    2005        Drummond’s office to                                    received.
     Affairs, California             investigate SRJC’s handling of
     Community                       this issue

24   Phone Call to       May 26,     Hultberg is advised by
     California          2005        Chancellor Drummond’s
     Community                       secretary, that the complaint is in
     College                         the hands of the Chancellor’s
     Chancellor’s                    Legal Dept.

#    Title           Date      BINSCI Highlights                   SRJC Highlights   Other Highlights

25   Phone Call to   May 31,   We advise the secretary that we                       Secretary says Kory
     California      2005      disagree that Kory White’s                            White’s conduct was
     Community                 conduct was private conduct and                       private conduct, and
     College                   that the SRJC was not liable.                         therefore the SRJC
     Department of                                                                   was not liable in any
     Legal Affairs                                                                   way.

                               We ask whether or not the                             Secretary (she states
                               secretary is a lawyer. We                             she is not a lawyer)
                               question whether or not a                             says that under
                               secretary should be giving legal                      California law there
                               opinion.                                              was nothing requiring
                                                                                     the SRJC to do
                                                                                     anything about the
                                                                                     White matter.

                               We ask whether or not what she                        She says her
                               stated was the Chancellor’s                           statements are not the
                               Offices official opinion.                             Chancellor’s official

                               We say we will await the                              She states that the
                               lawyer’s statement regarding the                      matter is in the hands
                               Chancellor’s official legal                           of an Internal Affairs
                               opinion.                                              attorney, who won’t
                                                                                     be able to work on the
                               We never do hear from the                             matter for several
                               lawyer as to what the                                 months as they are so
                               Chancellor’s official position on                     backlogged.
                               the matter is.
#    Title              Date        BINSCI Highlights                  SRJC Highlights                 Other Highlights

26   California         October                                        SRJC disability counselor
     Association for    12, 2005                                       Nancy Chinn presents the ABIS
     Postsecondary                                                     Club as a model program for
     Education and                                                     college students with brain
     Disability                                                        injuries.

27   Emails (entitled   October     In order to ensure that CAPED is                                   No response from
     Recommendations    and         made aware and appropriately                                       CAPED as of June
     to CAPED and       November,   handles the land-minds in                                          2006, however, we
     Timeline) from     2005        Chinn’s reconstruction of our                                      have noted that
     BINSCI to Dr.                  survivor driven model, we make                                     CAPED called in a
     Lucinda Aborn,                 numerous recommendations to                                        legal expert, Paul
     Ph.D., CRC,                    CAPED                                                              Grossman, to speak on
     President,                                                                                        legal issues affecting
     CAPED and 100’s                                                                                   their profession.
     of CAPED
     members                                                                                           Also, CAPED may
                                                                                                       seek AHEAD

#    Title              Date       BINSCI Highlights                   SRJC Highlights   Other Highlights

28   Emails (entitled   December   Why not help disability
     What We Need)      10, 2005   organizations such as BINSCI,
     to community                  which is already trying, to put
     leaders in                    some pressure on the Santa Rosa
     Sonoma County,                Junior College, to create a
     California area               disability ombudsman, so that
                                   when a student who has
                                   cognitive disabilities has a
                                   complaint about the College or
                                   the College’s disability services
                                   the student can get some help
                                   and justice through the

                                   Join BINSCI in campaigning for
                                   a California state law that
                                   mandates that junior college
                                   level personal be required to
                                   report suspected criminal
                                   conduct or abuse against college
                                   students with cognitive
                                   challenges to local criminal
                                   authorities. K through 12
                                   teachers are required to make
                                   such reports. We have
                                   discovered that this law needs to
                                   be extended through the junior
                                   college level.

#    Title               Date         BINSCI Highlights                     SRJC Highlights                    Other Highlights

29   Special SRJC        April 12,    We sure hope it has to do with        SRJC holds a special meeting
     Board of Trustees   2006         improving their service delivery      of the Board of Trustees to
     Meeting                          regarding adult students with         participate in a workshop on
                                      cognitive challenges.                 effective governance facilitated
                                                                            by two consultants from the
                                                                            California School Board
                                                                            Association (K through 12).
                                                                            The student trustee was not
                                                                            invited to attend the workshop.

30   Broader e-mails    August 2006   Update of the October 2005
     (entitled “A                     Recommendations to CAPED
     Cautionary Tale                  and Timeline e-mails. This
     and A Call for                   series is now entitled “A
     National                         Cautionary Tale and A Call for
     Standards”) to our               National Standards”.
                                      No one should promote a state-
                                      wide college level model
                                      program for adult students with
                                      cognitive challenges without
                                      theoretical analysis of its
                                      constructs, a trail test program at
                                      one site, input from the brain
                                      injury community, critical
                                      analysis and peer review by a
                                      broad cross section of
                                      professionals (including doctors,
                                      educators, rehabilitation
                                      specialists and legal authorities).
#    Title            Date          BINSCI Highlights                    SRJC Highlights   Other Highlights

31   Broader emails   Commencing All service providers who
     (continued)      August 2006 attempt to emulate the survivor
                                  driven model, our model, had
                                  best completely understand
                                  everything that is needed in
                                  order that they appropriately
                                  carry out their versions of our

                                    We do not believe that the ABIS
                                    club should be “taken away”
                                    from people who need the club,
                                    but the ABIS club and other
                                    clubs like it must be operated by
                                    ethical, trained, accountable
                                    college personnel.

                                    BINSCI calls for new California
                                    law and similar laws in other
                                    states across the United States to
                                    protect adult students with
                                    cognitive challenges who attend
                                    junior and four-year college

                                    BINSCI calls for regulation,
                                    review and national standards
                                    for college disability programs
                                    for students with brain injuries.


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