Appeals court rules in favor of Palmer alumni
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The Iowa Court of Appeals affirmed a decision Wednesday that requires Palmer College of Chiropractic to release $1.8 million to its former alumni association, without any restrictions on how the group should spend the money.
“While the Alumni Association unquestionably directed pointed criticism toward some of Palmer’s trustees and other administration members, it also continued to provide other support to the college and its students,” the court wrote in its decision. “We concur in the judgment that there can be a distinction between being critical of Palmer’s board and its current direction and being critical of and working to undermine the school itself. It does not appear that the Alumni Association did the latter.”
The court also said that Scott County District Court Judge Mark Cleve correctly fined the association $500 for contempt of court for use of the abbreviation PCCIAA, for Palmer College of Chiropractic International Alumni Association.
And finally, it said the district court made the right determination in declining to find an officer of the association in contempt. A miscommunication resulted in the group’s Web site staying online after it was ordered taken down, the court said.
A representative from Palmer declined comment, as did Pat Roby, attorney for the association.
The battle between the alumni and the college began in the 1990s, when the alumni cast a vote of no confidence in Palmer’s leadership. At the time, administrator Larry Patten left the institution. He returned in early 2004, shortly before the publicly protested departure of then-President and Chancellor Guy Riekeman.
Relations between the alumni association and the board began to sour in late 2004 during discussions of whether the alumni should have a voting seat on the college's board of trustees. The institution severed its ties with the association in early 2005 and began its own alumni group.
This is not the only legal action pending involving the situation.
Palmer sued former employee Jeff Wisdo for libel. Wisdo sent an e-mail message criticizing the school’s leadership shortly before leaving on his last day of employment. That lawsuit is pending.
Palmer also filed suit in January 2007 against its former alumni association and eight alumni from across the country, accusing them of libel and breach of contract in an ongoing dispute.
College officials say the association and some of its board members published letters that libeled the Davenport-based institution three years ago. Palmer officials also allege that the alumni breached an oral agreement by “failing to support Palmer.”
Those sued are Rick Acquaro of Florida, Frank Bemis of Alton, Ill., Ted Conger of Utah, Scott Harris of Wisconsin, Kirk Lee of Michigan, Marc Leuenberger of Connecticut, David Reopelle of North Dakota and John Willis of Virginia.
That lawsuit also is pending.
Ann McGlynn can be contacted at (563) 383-2336 or amcglynn@qctimes.com.
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