IN THE MATTER OF Jordan College,
Docket No. 94-170-SP
Student Financial Assistance Proceeding
Appearances: Dr. Lexie K. Coxon,
President, Jordan College, Cedar Springs, Michigan.
Steven Z. Finley, Esq., Office of the General Counsel, Washington, D.C., for the Office of Student Financial Assistance Programs, United States Department of Education.
Before: Judge Ernest C. Canellos.
On August 8, 1994, the Office of Student Financial Assistance Programs (SFAP) of the
United States Department of Education (ED) issued a partial final program review
determination (Partial FPRD) finding that Jordan College improperly disbursed $93,080 in
Federal student financial assistance funds for award years 1990-91 through 1992-93, in
violation of Title IV of the Higher Education Act of 1965, as amended (Title IV). See 20 U.S.C.
§ 1070 et seq.
In a letter dated September 23, 1994, Jordan College disputed the findings of the Partial
FPRD and requested an administrative hearing pursuant to its rights under Title IV. On
March 9, 1995, in response to a motion submitted by SFAP, I issued an Order To Show
Cause why I should not dismiss Jordan College's administrative appeal and enter judgment
against the school for its failure to comply with the briefing schedule and its failure to carry
its burden in establishing that the school's expenditures of Title IV funds were proper.
On June 7, 1995, counsel for SFAP filed a
Motion To Dismiss that stated, in part, as follows:
SFAP now asks this tribunal to dismiss Jordan [College's] request
based upon the institution's failure to respond to the Order to Show Cause, and
for its failure to go forward with its appeal.
In response to this motion, Jordan College has made no submission. Nor has the institution responded to the Order To Show Cause. Pursuant to 34 C.F.R. § 668.117(c)(3), I have the authority and responsibility to terminate the hearing process and issue a decision against a
party if that party does not meet time limits established pursuant to my orders. As noted
above, Jordan College has failed to file a submission pursuant to my orders. In addition,
after a review of SFAP's Partial FPRD, I am convinced that the findings contained therein
sufficiently state allegations in a manner that would require Jordan College to carry its
burden of proof. In that regard, I find that Jordan College has failed to
carry its burden of proof in
establishing that the institution's expenditures of Title IV funds were proper.
On the basis of the foregoing findings of fact and conclusions of law, it is HEREBY
ORDERED that the above-captioned proceeding is terminated. It is FURTHER ORDERED
that Jordan College
pay to the United States Department
of Education the sum of $91,767.00, and in accordance with the Partial FPRD pay to the
appropriate Federal Stafford
Loan lender the sum of $1,313.00.
Ernest C. Canellos
Issued: June 12, 1995
A copy of the attached document was sent to the following:
Dr. Lexie K. Coxon
360 W. Pine Street
Cedar Springs, MI 49319
Steven Z. Finley, Esq.
Office of the General Counsel
U.S. Department of Education
600 Independence Avenue, S.W.
Washington, D.C. 20202-2110