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Mon, Apr 20, 2020

VA Sued By Community College Flight School

$3.2 Million Training Bill Questioned by College

A collegiate flight training program has gotten itself into a major kerfuffle with the U.S. Department of Veterans Affairs.

Central Oregon Community College (COCC) has sued the VA, claiming that the agency incorrectly billed them for some $3.2 million.

According to the suit, "Following a lengthy but incomplete compliance survey and through a series of debt collection notices sent to COCC, the VA arbitrarily and incorrectly claimed that COCC's actions caused the VA to overpay on behalf of COCC's student-veterans for flight training education. The VA is seeking reimbursement from COCC in the approximate amount of $3 .2 million.

The VA's arbitrary determination that it overpaid COCC is rife with clear factual mistakes, and the so-called process the VA followed is riddled with procedural errors. COCC has specifically identified the errors in the V A's findings and repeatedly requested that the VA follow the administrative review process - the "School Liability Process" - that was created by the VA specifically to address disputes between educational institutions and the VA.

The VA has steadfastly refused to follow this required review process, and instead has continued to issue erroneous, inconsistent, and contradictory debt notices..."

The suit further notes that, "COCC seeks: (1) an order requiring the VA to provide COCC with its due process rights under the School Liability Process with respect to all alleged overpayments-for tuition as well as housing and book allowances-and enjoining Defendants, and their successors and agents, from taking action to collect the alleged approximately $3 .2 million ( or any amount) in overpayments until the VA has met its due process obligations to COCC; 1 and (2) a declaration that the VA's conclusion that COCC owes approximately $3.2 million (or any amount) in
overpayments related to its aviation programs is arbitrary, capricious, and in violation of COCC's right to due process of law."

FMI: https://assets.documentcloud.org/documents/6835351/Central-Oregon-Community-College-v-US-VA-Lawsuit.pdf

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