NOTICE AND DEMAND TO LIFT “HOLD”

ON APPLICATION FOR UW SUMMER SESSIONS

 

TO:       President Michael K. Young

          University of Washington

          301 Gerberding Hall

          Box 351230

          Seattle 98195

          Washington State, USA

 

FROM:     Paul A. Mitchell, B.A., M.S.

          Damaged Party

 

DATE:     April 22, 2013 A.D.

 

SUBJECT:  false and defamatory “hold” on outstanding

          Application for UW Summer Sessions

 

Greetings President Young:

 

By now, you and responsible subordinates of yours should be fully aware of my formal REQUEST FOR COPIES OF EDUCATION RECORDS, dated March 6, 2013, and the University of Washington’s formal reply, transmitted on March 25, 2013 by Barbara Lechtanski, Compliance Officer (copies enclosed).

 

Enclosed you will please find a printed hard copy of my email reply to Ms. Lechtanski.  In the latter email, I explained that the ONLY personal contact I have had with the UW Campus Police Department occurred on 5/9/2012, when I met with Lt. Schulz concerning the false and defamatory rumor, traced to personnel in UW’s Registrar Office, that there was some kind of “open police action” involving me.

 

By now, it should be an established FACT, well recognized by all concerned, that there was never any “open police action” involving me, and the very same status remains true right up to the present day.

 

Please try to place yourself in my shoes, if only for a brief moment.  I am confident that any capable university official of your rank will agree that the following expectation of mine was quite reasonable, after I was threatened with expulsion from a UW Computer Science class in which I was registered and enrolled in June 2009:

 

If I had attempted to “force the issue” by attending the second session of that class, after being effectively threatened with arrest, would it not have been entirely reasonable for me, or anyone else, to expect that such an arrest would have generated a permanent record of UW Campus Police contact with me?

 

And, would it not also be fair to say that there would then have been “open police action” concerning me as a result of an attempt by me to attend that class, particularly if certain Faculty and Staff did follow through with their email threat to summon Campus Police?

The main reasons why I am asking the latter questions arise from the First Amendment doctrine better known as the “chilling effect.”  Such a threat of arrest and forced expulsion from a CS class in which I was already registered and enrolled, and which I was directed to attend by CS Department personnel, most certainly had a chilling effect on my desire to advance my higher education at the University of Washington.

 

I chose to stay away and NOT attend that second class session, because I did NOT want to be forced out of necessity to explain my side of that story innumerable times for the remainder of my years here on planet Earth.  I do hope you can understand everything I am saying here.  I emphatically do not think I am being unreasonable.

 

One last thing:  I urge you and your University Counsel to give serious consideration to the legal theory of respondeat superior, also known as vicarious liability.  I am quite willing and able to invoke that legal theory, if your office does not timely comply with the following lawful DEMAND.  You may take this as my Notice of Intent.

 

DEMAND TO LIFT HOLD ON SUMMER ONLY APPLICATION

 

Accordingly, formal DEMAND is hereby made of your Office of University President to instruct the Office of the University Registrar to lift any and all hold(s) on my outstanding Application for UW Summer Session(s), and to do so by serving proof of such instructions to the mailing location shown below no later than Friday, May 24, 2013 A.D.  Beyond that reasonable deadline about one month hence, your silence will activate legal estoppel pursuant to Carmine v. Bowen, and your silence will also constitute fraud pursuant to U.S. v. Tweel.

 

Thank you, President Michael K. Young, for your timely and professional consideration.  It’s time UW admitted their gross errors and did the right thing, for a change!

 

 

Sincerely yours,

 

/s/ Paul A. Mitchell

 

Paul A. Mitchell, Instructor,

Inventor and Systems Development Consultant

 

U.S. Mail:

 

     Paul A. Mitchell, B.A., M.S.

 c/o Lake Union Mail

     117 East Louisa Street

     Seattle 98102-3203

     Washington State, USA

 

All Rights Reserved without Prejudice (cf UCC 1-308)

 

Enclosures