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May 11, 2023

‘Not optional’: AG Tong demands compliance with investigation into Stone Academy

YEHYUN KIM / CT MIRROR A closed building of Stone Academy in West Haven. After the nursing school abruptly closed on Feb. 15, educational plans of hundreds of students are left in limbo. Attorney General William Tong launched an investigation into potential violations of the Connecticut Unfair Trade Practices Act by the for-profit organization in February.

Attorney General William Tong is redoubling his efforts to seek for-profit nursing school Stone Academy’s compliance with his office’s ongoing investigation into potential violations of the Connecticut Unfair Trade Practices Act.

“Full compliance with a state investigation is not optional,” Tong said Thursday. “Stone cannot pick and choose which records to turn over, or where to search. We’re done waiting — we’re seeking a court order today to force Stone to follow the law.”

Last month, Tong sent a letter to Stone’s attorneys identifying deficiencies and demanding a “full and complete” response, in an effort to avoid resorting to a court order. However, Stone remains out of compliance, he said.

“Stone took millions in tuition from students who poured countless hours away from their families and jobs to become nurses,” Tong said. “We are putting everything we’ve got into this investigation, and will not hesitate to throw the book at any and every one responsible for this tragedy.”

Tong launched the investigation on Feb. 23, and sent a civil investigative demand to Stone Academy after the nursing school abruptly closed its doors, leaving 850 students unable to obtain their transcripts and their education in limbo. 

Tong said he has demanded information and records regarding the education provided to students and tuition collected from them, the schools’ marketing practices, faculty qualifications, revenues, and accreditation materials, along with all complaints received by the school.

He’s also seeking information regarding how the school decided to close, along with information about how the school intends to reimburse students for tuition and costs, how it will assist students in continuing their education and how it will inform students of their rights and options moving forward.

Stone Academy has partially complied with the civil investigative demand, but remains deficient in several areas, Tong said. The school has failed to produce responsive materials from certain computer servers and devices, failed to identify the search terms used to gather responsive documents and failed to produce minutes for regular meetings, he explained.

Also last month, Tong sought a court order to force compliance from Stone Academy owner Joseph Bierbaum and trustee Richard Scheinberg. The enforcement order is pending in Hartford Superior Court.

Perry Rowthorn, an attorney for Stone Academy, rebuked Tong’s focus on his client.

“Stone will keep the focus on protecting its students and graduates, and we urge the attorney general to do the same,” Rowthorn said. “Stone has cooperated extensively with this investigation – producing nearly 100,000 pages of documents to date – and will address the minor issues raised in the attorney general’s filing in court at the first informal conference on June 15.”

Rowthorn also said that Tong would “be better served protecting his constituents – Stone students and graduates – from the harmful and unlawful conduct of the Office of Higher Education in requiring Stone to close with just two weeks’ notice, in refusing to permit a teach-out for current students, in holding students’ transcripts hostage for months and now conducting an illegal audit to disenfranchise students and graduates of legitimately earned academic credits.”  

Stone Academy closed in February after the Office of Higher Education began auditing its records to determine whether students were properly trained and educated, following questions about its examination passage rates, faculty qualifications and clinical training requirements. 

Attorneys for eight former Stone Academy have said they are planning to file a class action lawsuit against the school.

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