65-year-old claims bias after slot at UA denied

FAYETTEVILLE -- The U.S. Department of Education's Office for Civil Rights is investigating whether a 65-year-old applicant turned away from a graduate degree program at the University of Arkansas, Fayetteville was discriminated against because of his age.

UA spokesman Mark Rushing said in a statement Tuesday that age was not considered when reviewing the application of Kenneth Stoico for a doctoral program in educational leadership.

"Mr. Stoico's admission application to the graduate school was incomplete. The materials submitted for consideration to the program were deemed to be unacceptable as they didn't meet the required academic standard," Rushing said.

A Jan. 17 letter to UA Chancellor Joe Steinmetz from the civil rights office, sometimes known as OCR, states an investigation "in no way implies that OCR has made a determination with regard to its merits." The letter -- released by UA under the state's public disclosure law -- names Stoico as the "complainant," and refers to a denial of admission in spring 2017.

The letter states the complaint was received Sept. 6, 2017, and an attempt at mediation involving the Federal Mediation and Conciliation Service was unsuccessful "because the mediation was unable to be scheduled in a timely manner." Rushing said the "Office [for] Civil Rights did not invite the university to a mediation."

The inquiry involves "whether the UA treated the Student differently, on the basis of age, in the context of an educational program," and if admission was denied "without a legitimate, nondiscriminatory reason," the letter states.

The Age Discrimination Act of 1975 prohibits age discrimination in programs receiving federal financial assistance.

A Democrat-Gazette analysis of U.S. Department of Education data published online found 116 age-related civil rights investigations into post-secondary institutions pending as of March 2, with the only Arkansas case involving UA.

Messages sent last week to social media accounts associated with a Kenneth Stoico or Ken Stoico did not receive a reply.

Rushing said age is not a consideration for admission to degree programs at UA. The university offers tuition-free, for-credit classes to Arkansas residents 60 and older who meet admission requirements so long as space is available, and Rushing said a state law, Act 678 of 1975, requires that waiver of student fees.

Stoico's age and eligibility for the waiver "were never and will never be a consideration in regards to his admission," Rushing said, adding that UA encourages older students to enroll.

"However, these Senior Razorbacks must also meet the specific admissions requirements for the college(s), academic program(s) and course(s) for which the prospective students wish to be admitted," Rushing said in the statement.

Metro on 03/21/2018

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