MEMO IN REPLY TO 5 QUESTIONS
TO: Ms. Ellen Chestnut, Attorney
Office for Civil Rights
U.S. Department of Education
915 – 2nd Avenue, Suite
3310
Seattle 98174-1099
Washington State, USA
FROM: Paul A. Mitchell, B.A., M.S.
Damaged Party
DATE: March 9, 2013 A.D.
SUBJECT: initial answers to questions in your letter
of Mar. 1, 2013
OCR Reference No. 10132007, University
of Washington (“UW”)
Greetings
Ellen Chestnut:
Your
letter dated March 1, 2013, has requested my answers to five (5) specific
questions. In all honesty, I believe
that the documentation already provided to your office contains factual details
that answer most, if not all, of those 5 questions. Specifically, for that main reason I am
attaching my Mail Fraud Report and
all of its attachments, and I incorporate same by reference, as if both that Mail Fraud Report and its several
attachments were set forth fully here.
I
now reply with further details to your 5 specific questions, as follows:
1.
What did the UW do to discriminate against
you? Please describe the specific
actions you allege to be discriminatory.
(a)
Most
recently, officials in UW’s Registrar Office placed a “hold” on my routine application
for Summer 2012. The reason they gave
was that there was “open police action” involving me, but that “reason” was
simply not true.
(b)
The same
officials refused to lift that “hold” on my application for Summer 2012, even after they were provided with verifiable
proof that there was no such “open police action” involving me.
(c)
The UW
Registrar then attempted to refund my $60 application fee with a transmittal
letter claiming, falsely, that my application had not been “processed”; however, that claim was also false because
some amount of “processing” must have happened for a hold to be placed
on my application, and for that hold to be maintained in the face of contrary
evidence i.e. in point of fact, there
was no “open police action” involving me.
(d)
The
timing of that transmittal letter and “refund” were also very suspicious. The Registrar’s PERSONAL MONEY ORDER was
dated July 17, 2012. The
transmittal letter was dated July 18, 2012. However, the #10 mailing envelope was
postmarked July 24, 2012. These
three dates are highly significant chiefly because the two Summer 2012 classes
I wanted to take were both scheduled for the second “b Term” which was scheduled to begin on July 19, 2012. As such, the Registrar’s stubborn refusal to
lift the bogus “hold” on my application was further exacerbated by her evident
intent to prevent me from attending either of those two (2) classes that were
scheduled for the second half of the Summer 2012 session, namely, International
Human Rights Law (“LSJ 320”) and Human Rights Law (“LSJ 321”).
(e)
The same
officials were clearly negligent by failing initially to make a routine inquiry
with the UW Campus Police Department, to confirm whether or not there was in
fact “open police action” involving me, and to do so before placing any
hold(s) on my application. A routine
telephone call to the UW Campus Police would have been normal administrative “due
diligence” under those circumstances.
(f)
Earlier,
at the start of UW’s 2009 Summer Only sessions, I was also registered and
enrolled in a Computer Science class which required the Instructor’s
permission. After making several
attempts to contact and meet with that Instructor, he refused to reply
to my email and he also failed to show up at his office hours -- even after staff in the Department
Office directed me to go to the Instructor’s office during his normal office
hours. I was simply following their
directions, in good faith.
(g)
After
discussing this odd situation with the Department Office again, they
instructed me to attend the first class.
At the first class, students were asked to introduce themselves, and as
the last one to do so I briefly described the pro bono investigative work I had already done for U.S. Coast Guard
Investigations at San Diego Harbor. That
work involved the application of computer graphics technology to crime scene
reconstruction and aircraft crash analysis.
I am a published author in computer graphics (Harvard University, 1977).
(h)
Upon
returning home after that first class, I checked my email and 3 personnel of
the Computer Science Department had already transmitted an email message to me,
threatening me with arrest by the UW Campus Police if I even attempted to
attend the next class session.
2.
Please identify the basis or bases upon which
you are alleging the UW’s action to be discriminatory, i.e. race, age, or disability.
(a)
Quite
honestly, I do believe that this question goes to motive, and the UW suspects
discussed above have never offered any written or verbal explanations or
justifications for their actions towards me, as described above. Any speculations by me about their motives do
not and cannot constitute reliable evidence of their motives.
(b)
I also believe
proper answers to that good question should be obtained directly from these
UW personnel, if and when officials of the U.S. Department of Education
confront them with the direct questions “Why?”
and “Why did you treat Paul A. Mitchell
in this manner, in 2009 and again in 2012?”
I do not expect their answers to be honest, however; and, I would urge you not to accept any of
their answers at face value, due chiefly to the many political implications of
my Complaint to the U.S. Department of Education and my Mail Fraud Report to the U.S. Postal Inspection Service. See 18 U.S.C. 1341 (mail fraud).
3.
Why do you believe the UW’s action(s),
identified above, to be discriminatory on the basis or bases you identified?
(a)
Without
having verifiable confirmation of their actual motives, I cannot be absolutely
sure of what basis or what bases motivated their pattern of discrimination
against me.
(b)
Nevertheless, all attachments to my Mail Fraud Report go into ample factual details, and both my Mail Fraud Report and all of its
attachments are incorporated by reference, as if set forth fully here.
(c)
The
veteran Lieutenant of the UW Campus Police listened intently and politely to my
story, and the one word he used to summarize what he had heard from me was that
UW personnel had definitely been “rude” without any apparent or justifiable reason
for being so rude.
(d)
More to
the merits, the UW’s Internet website has published and maintained a stated
UW policy of encouraging “diversity” among all students who choose to
enroll in one or more Summer Only classes.
I can understand why certain reasonable criteria could be enforced to
bar certain people from attending e.g.
registered sex offenders. However, I
have no criminal record; I am gifted with a very high intelligence; I have a
B.A. from UCLA and an M.S. from U.C. Irvine; and, I have extensive professional
experience in the two fields of law and computer technology.
(e)
I also
have a Utility Patent Application pending now for a very high-speed solid-state
data storage device, of which I am the sole inventor. Obstructing my access to higher education at
UW’s Computer Science Department has also had the damaging consequence of
delaying my access to experts in that Department, and also in the adjacent
Electrical Engineering Department.
Because it is true that computer technology changes very fast, a delay
now exceeding 3 years has resulted conservatively in actual damages amounting
to a minimum of $2.5 Million in real opportunity costs. The device we wish to market is projected to
sell 1 million units at an MSRP of $150 during the first 18- to 24-months: as such, a realistic cash flow of $150
Million USD has been delayed at least 3 years, due in part to UW’s obstructing
my access to computer science and electrical engineering experts and their many
computer industry contacts.
4.
What did the UW do to retaliate against
you? Please describe the specific actions
you allege to be retaliatory.
(a)
Specifically,
in 2009 UW academic personnel threatened to summon the UW Campus Police to
remove me from the Computer Science class in which I was registered and
enrolled, even after staff at the Computer Science Department Office had
directed me to attend the first class.
See 18 U.S.C. 1513.
(b)
The
Instructor of that class had refused to respond to my several email messages,
and he refused to show up for his regular office hours, during the period of
time when I was attempting to obtain his permission to attend the Computer
Science class in question.
(c)
And,
specifically in 2012, personnel in the UW Registrar’s Office placed an
unwarranted hold on my application for Summer 2012, neglected to confirm
defamatory hearsay by failing to make a routine inquiry with the UW Campus
Police, refused to lift that hold when they were provided with proof that there
was no “open police action” involving me, and then attempted to refund my $60
Summer application fee with a false and misleading letter, transmitted via U.S.
Mail after the “b Term” began
and claiming falsely that my application had not been “processed”.
(d)
Clearly,
some sort of administrative “processing” must have occurred for an
unwarranted “hold” to be placed on my application, and then for that
unwarranted “hold” to be maintained even
in the face of contrary evidence. No
such “hold” had been placed on my previous Application for the Summer 2009
session.
5.
Why do you believe the UW’s action(s),
identified above, were retaliatory and not for other reasons? Please include what action or activity you
engaged in for which you believe the UW is retaliating against you.
I appreciate this opportunity to discuss why
I believe the actions of specific
UW personnel were retaliatory and not for other reasons.
(a)
First of
all, the email threat to summon UW Campus Police if I attended the second
session of the Computer Science class, in which I was registered and
enrolled during Summer 2009, was totally inappropriate, unnecessary, and it resulted
in causing a “chilling effect” upon my plans and desire to pursue higher
education at UW. See the First Amendment
and the Federal case law which has elaborated the legal meaning of “chilling
effect” in this context. See also 18
U.S.C. 241, 242 and 1512 where it states:
“Whoever
knowingly uses intimidation, threatens, or corruptly persuades another
person, or attempts to do so, or engages in misleading conduct
toward another person ....” I am a qualified Federal Witness and the UW
suspects in question either knew that, or should already have known that.
(b)
As
stated in the Summer 2009 class schedule, the Instructor’s permission was
required for me to attend that class.
All that the Instructor needed to do was respond politely and
professionally to my attempts to contact him, and to convey his YES or NO
decision to me in some timely and succinct manner. He did not do so, I believe because he and
other academic personnel in UW’s Computer Science Department had looked into
the history of my legal activism and extensive writings which are readily
accessible from the Internet, and which date as far back as 1990.
(c)
In
particular, the work I did for U.S. Coast Guard Investigations focused on
achieving positive identification of the murder weapons that crashed into the
Pentagon on the morning of September 11, 2001.
Our conclusions were summarized in an Executive Summary that was transmitted to the U.S. Coast Guard,
published on the Internet and placed in the public domain at an Internet
website that I created and continue to manage and maintain as the Webmaster. I strongly suspect that the UW personnel in
question do NOT want UW students to know anything about this
investigation or any of the results, photographs, analysis and conclusions that
are documented in that Executive Summary.
(d)
I also
have more than 40 years of professional experience using and developing
advanced computer systems, and I am very familiar with concerted efforts by
certain Federal agencies to develop a variety of sophisticated surveillance
technologies that are being implemented nationwide in support of a fascist national
police state. On this point, I maintain
the suspicion that UW Computer Science Faculty have been receiving contracts
and grants to aid and abet these same surveillance technologies. And, from past experience as a Research
Associate at the University of California, I can honestly say that Faculty
personnel do not always spend contract and grant funds lawfully and in faithful
pursuit of the stated objectives of those contracts and grants. In this context and to elaborate this point,
please see each separate INFORMAL INTERROGATORY which I served upon Professors
James A. Landay and James A. Fogarty via U.S. Mail, copies of which are
attached and incorporated by reference, as if set forth fully here.
(e)
I have also
accumulated twenty-one (21+) years of practical and professional experience as
a Private Attorney General, and large portions of the litigation which I have
done are also published on the Internet.
Chiefly, one of the most notable accomplishments of that experience to
date is a comprehensive database of missing and defective credentials for
personnel of the Federal Judiciary, which my office has painstakingly assembled
using the Freedom of Information Act (5 U.S.C. 552). To be quite blunt about this, it would not
surprise me one bit if many UW academic and administrative personnel simply do
NOT want any UW students to know anything about all the criminal
infiltration that is implied by all these missing and defective credentials. In particular, see 5 U.S.C. 2906, 3331, 28
U.S.C. 453, 951, and 44 U.S.C. 3512 (Public Protection Clause in the Paperwork
Reduction Act).
Ms.
Chestnut, thank you very much for your professional consideration to date.
Please
let the record show that I am responding to your 5 questions well in advance
of the deadline stated in your letter of March 1, 2013.
If
my statements do not adequately answer your five (5) questions, please
advise timely and I will do my best to supplement the above with additional
information before that deadline.
If
I do not receive any more questions from you sufficiently in advance of that
deadline to permit me to reply timely and further, then I believe I am
justified in assuming that this MEMO provides adequate answers to the 5
questions in your letter of March 1, 2013.
Sincerely
yours,
/s/
Paul A. Mitchell
Paul
A. Mitchell, B.A., M.S.
Instructor,
Inventor, Damaged Party
and
Systems Development Consultant
Attachments:
INFORMAL
INTERROGATORY to Prof. James A. Landay, May 24, 2011
INFORMAL
INTERROGATORY to Prof. James A. Fogarty, May 24, 2011
Mail Fraud Report + its attachments