Hearing on Motion to Dismiss in FCLB Discrimination Case Held

News Staff
Hearing on Motion to Dismiss in FCLB Discrimination Case Held

Judge Not Buying FCLB's Arguments

According to a transcript of the Hearing on the Federation of Chiropractic Licensing Board's (FCLB) Motion to Dismiss the lawsuit brought by Keita Vanterpool DC against them and Karlos Boghosian and Carol Winkler, it does not appear the judge is buying the FCLB's argument to dismiss.

CLICK HERE to review the transcript

Vanterpool is Vice President of the FCLB and is suing the FCLB, its President Carol J. Winkler, D.C. and Immediate Past President Karlos Boghosian, D.C. alleging racial discrimination after they suspended her from her position at the FCLB.

Stating the "allegations are without merit" and that the FCLB "will continue to vigorously defend itself in the litigation" the FCLB has denied the accusations of a civil conspiracy to violate Vanterpool's civil rights which she claims were perpetuated by Defendants Winkler and Boghosian.

Beyond the accusations of discrimination, the lawsuit lays out the highly questionable legal and financial relationships that exist between the FCLB, the National Board of Chiropractic Examiners (NBCE) and the state chiropractic regulatory boards which the FCLB alleges are "members" of the FCLB.

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The lawsuit has shed a bright light on the flow of federally back student loan money, related student loan debt and state tax dollars through a group of non profit and for profit entities that control education, regulation and licensing within the chiropractic profession though a virtual monopoly cartel. That Cartel was identified years ago by the United States Department of Education.

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In the hearing, the FCLB argues that Vanterpool's suit cannot go through because the FCLB claims there was no contract and because there was no contract her discrimination claim should not be allowed to proceed.

It is interesting that at no time during the hearing does the FCLB argue against the discrimination claims or deny them.

Vanterpool's attorney argues that the FCLB's by laws and policy documents constitute the contract - indeed its the by laws and policies that allowed the FCLB to sanction Vanterpool in the first place. It was that sanction that led to her lawsuit.

Reading between the lines of the judge's comments and his repeated reference to what will come out in discovery it doesn't seem likely the judge will grant the motion to dismiss.

Of further interest in the case are the addition of the FCLB by laws admitted as an Exhibit. Beyond the charges of discrimination and the back room dealing of a "good ole boys club" that is basic walking around knowledge in chiropractic, is the plain language of the by laws that spell out a very clear "relationship" between state regulatory boards who pay money to the FCLB to play in their sandbox and "have a seat at the table" of chiropractic regulation.

That money obviously comes from state tax payer dollars.

CLICK HERE to review the FCLB bylaws

The FCLB by laws, its leaders and its participants seem to forget (or simply don't care) that state regulatory boards do not answer to the FCLB but answer to the citizens of the state.

It should be no surprise that the FCLB and its leaders benefit from state tax money since the FCLB already receives the bulk of its funding from the National Board of Chiropractic Examiners (NBCE) and that money comes from students thorough federally back student loans. 

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It is a sobering thought to realize that the leaders within chiropractic education, licensing and regulation are doing what they do off the backs of chiropractic students who acquire massive amounts of student loan debt. Even more sobering is the fact that the amount of that debt does not jive with the projected income to be expected as a practicing chiropractor.

McCoy Press