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Online School Can Operate Outside State

Posted on: Tuesday, 9 August 2005, 15:00 CDT

Aug. 9--An Erie man's online university will stay in business everywhere but Pennsylvania, while the state Attorney General's Office fights in court to shut down the business for good.

The state Attorney General's Office lost the latest round Monday in a convoluted legal battle over whether and where Dennis Globosky may operate his business, the University of Berkley Online, before trial.

Prosecutors wanted to freeze Globosky's assets, seize his records, and pull his business off the Internet until a trial could be held on their petition to shut down the business permanently. Prosecutors have dubbed the school a "diploma mill."

In an order filed Monday, however, state Commonwealth Court Senior Judge Jess Jiuliante sided with Erie County Judge William R. Cunningham, who agreed after several hearings to shut down Globosky's business only in Pennsylvania pending trial.

He refused to allow the Attorney General's Office to exercise a power that would allow it to override the order, pending an appeal.

Jiuliante found Cunningham's order adequately protected the interests of Pennsylvania residents while not infringing on Globosky's rights to free speech and to engage in interstate commerce.

Globosky's lawyer, Gary Nash, was out of town Monday and could not be reached for comment.

Barbara Petito, deputy press secretary for the Attorney General's Office, said the office is weighing whether to appeal Jiuliante's ruling.

The Attorney General's Office has another appeal of one of Cunningham's other rulings pending before the appellate court as well. The state Attorney General's Office sued Globosky on July 6.

Prosecutors claim he sold bogus degrees, which cost between $2,065 and $4,995 and were based on life experience rather than exams.

Prosecutors allege Globosky made as much as $34 million selling the degrees.

The lawsuit alleges Globosky, 50, of 204 German St., violated the state Unfair Trade Practices and Consumer Protection Law and state Department of Education statutes.

It asks a judge to order Globosky to pay civil penalties of up to $3,000 per violation. Globosky counters his students did complete a required curriculum before earning their degrees.

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Source: Erie Times-News

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