DRUGS, SEX, AND ALCOHOL ARE WAY OF LIFE AT CALIFORNIA REHABILITATION OFFICIALS SAY GOOD ENOUGH FOR BLIND by Barbara Pierce When Muhammad Karim, a young blind Californian, sought training in the skills of blindness, state officials tried to force him to take instruction in a program which he regarded as inappropriate. His requests for placement elsewhere were rejected, and when he brought evidence that the California Orientation Center for the Blind at Albany (the center he was being told he must attend) was characterized by widespread drug abuse, pervasive and open sexual promiscuity, and a general atmosphere not conducive to learning, rehabilitation officials seemed, so to speak, to shrug and take the position that that is the way society is these days. The circumstances surrounding Mr. Karim's case (his urgent attempts to get training, his insensitive treatment by California state officials, and his revelations of what is taking place at the California Orientation Center for the Blind at Albany) need to be known by the blind of the nation and by responsible program officials. Every day hundreds of blind people across this nation make rehabilitation decisions that, whether they know it or not, will profoundly affect the rest of their lives. These men and women have come to recognize that they must master at least some of the alternative techniques of blindness if they are to have any chance of improving the quality of their lives. For the most part they know nothing and care less about the program alternatives among which they must choose. Will the teachers come to me? Can I commute? How long do I have to stay? How hard is it going to be? These are the questions they ask, and it is usually on the basis of the answers they receive that they make their decisions--on these answers and on the recommendations of their rehabilitation counselors. But what about the people who know something of the rehabilitation facilities in their states and have informed opinions about their options? There are now a handful of private rehabilitation centers willing to take students from their own states (or anywhere in the nation) as long as those students understand that they must be prepared to work hard and invest long hours of their time to succeed. Blind people who have already experienced haphazard or shoddy rehabilitation instruction and who truly want to learn the techniques of blindness are understandably eager to enroll in one of these centers, in which dedicated staff members expect much and give even more. As has already been said, Muhammad Karim is a bright young Californian who has never been given much of a chance to succeed. He goes where he needs to go (when he must do so) on nerve and the principle that, if you want to get there badly enough, you will. He has never been taught to cook or keep his clothing or home in order. He has already attended one California rehabilitation program, where for many reasons he says he learned virtually nothing. He has now become a member of the National Federation of the Blind, and he has learned about rehabilitation centers in other states. He believes that if he could attend one of these, he could learn the techniques and the philosophy that would enable him to live a productive life. Mr. Karim has acquired the maturity to recognize that he needs a disciplined, focused environment in which to work. If he is to master the skills he needs, he must be surrounded with people who believe in him enough to set high standards which they expect him to meet. When Mr. Karim broached with his rehabilitation counselor the subject of attending the Louisiana Center for the Blind, she made it clear that there were several other rehabilitation options in California which had not yet been offered to him, and that he should consider one or more of these. Her recommendation was the California Orientation Center for the Blind (OCB) in Albany. Federationists will remember that in the fifties this agency employed Dr. Kenneth Jernigan. It was here that much of the Federation philosophy and excellent teaching that would later distinguish the Iowa Commission for the Blind were pioneered. It is accurate to say that the independent rehabilitation centers in Colorado, Louisiana, and Minnesota have some semblance of being the grandchildren of the program almost forty years ago at the California Orientation Center. But times and personnel change, and the California Orientation Center has fallen on hard times. The director is Allen Jenkins, a member of the board of directors of the National Accreditation Council for Agencies Serving the Blind and Visually Handicapped (NAC), whose credentials for leading (or not leading) are painfully laid bare in the documents that follow. His chief assistant is that same Al Gil, who often distinguishes himself at social gatherings by imitating a Greyhound bus (see article on American Council of the Blind convention in the October-November, 1987, Braille Monitor). At the Orientation Center today, students and teachers are, according to reliable sources, frequently absent from class; and, to say the least, a party atmosphere prevails--at least this was Muhammad's impression, and he knew that this was not the environment he needed for success. His inquiries only confirmed his first impressions. He officially requested that he be sent to Louisiana, and his counselor officially denied that request. He then asked for an Administrative Review of her decision, and on August 3, 1989, his appeal was also denied. He then appealed that decision with the help of the National Federation of the Blind, and a hearing before the California Department of Rehabilitation Appeals Board was conducted on March 2, 1990. Here is the letter that Sharon Gold, President of the National Federation of the Blind of California, wrote to Dr. Jernigan the day following the appeal hearing: Sacramento, California March 3, 1990 Dear Dr. Jernigan: Yesterday a hearing was held before the Appeals Board of the California Department of Rehabilitation in the matter of Muhammad Karim, who wishes to attend the Louisiana Center for the Blind as a client of the California Department of Rehabilitation. This appeal arose when Muhammad's rehabilitation counselor refused his request. I am enclosing herewith a copy of the brief and attached affidavits, which were filed in this proceeding. In addition to Michael Baillif, Annette Coe, Charles Coe, Todd Elzey, Edith Esty, Joanne Fernandes, and Mildred Rivera, whose affidavits you will find attached, Louis Lucero, Maria Morais, Sheryl Pickering, Fred Schroeder, and Robert Stigile attended the hearing and testified for Muhammad. George Allen, District Administrator from the Santa Barbara District Office of the Department of Rehabilitation, represented the Department; and Manuel Urena, Program Manager, served as witness for it. Muhammad's argument for attending the Louisiana Center is that there are no rehabilitation services suited to his needs in California. Notwithstanding the Department's contention that there are a number of services available to Muhammad, we showed during the hearing, and the Department agreed, that there are only two facilities in the state that could be considered at all- -the Vocational Independence Program (VIP) in Los Angeles and the Orientation Center for the Blind located in Albany. Muhammad has already spent time at VIP, where he was not taught the techniques and information necessary for successful rehabilitation. For example, in mobility training Muhammad reports that he was taught to travel by walking around a square block making only right turns and that he was never taught to cross a street. The Orientation Center's instructional program has deteriorated so much that it is unlikely anyone can receive adequate services there, and Muhammad does not wish to attend it at all. Robert Stigile also spent time at VIP and testified to the inadequacies of the program offered there. Among other things, he testified that he is blind from retinitis pigmentosa, and even though everyone knew his vision was deteriorating, VIP refused to teach him Braille and other alternative techniques to prepare him for functioning as a blind person. Last year, Robert went to OCB, where he hoped to receive the training that he did not receive at VIP. He was shocked and disappointed in what he found at OCB and therefore went home after one week. Robert offered testimony about poor class attendance by both instructors and students and rowdy dormitory life. He said that students appeared to carouse all night and sleep all day. Robert further testified that he often could not use his bedroom because of the sexual activities of his roommate and the roommate's girlfriend. On two different occasions before leaving the Center, Robert testified that he attempted to discuss his disappointment in the entire program with Al Gil, who failed to recognize the problems or to offer any help to Robert. A three-way conversation between Robert, Al Gil, and Robert's rehabilitation counselor served to terminate his OCB experience at Robert's request, and he went home. I asked him during the hearing if he had met the OCB administrator while there. He answered that he had not. One can only conclude from this fact that Mr. Jenkins apparently had no interest in ascertaining for himself why a student was leaving after only one week. Maria Morais visited OCB during the spring of 1988, when she was considering attending the Center for rehabilitation. She testified that she spent twenty-four hours at the Center and that she felt unwelcomed by the students and staff and frightened by the behavior of some of the students. During the Blind Law Class, Maria testified that a guest speaker presented a political pep talk for an upcoming local election which had nothing to do with blindness or blind law. One of the students asked what the subject matter had to do with blindness, and the instructor Henry Kruse said "nothing." Another student said for all to hear that it didn't matter to her since, as a convicted felon, she couldn't vote anyway. Another student commented that she was a convicted felon, too. Maria further testified that later in the evening, when she was in the TV room, two male students made inappropriate advances toward her and also told her that drugs were available in the dorm if she wanted them. She said she was frightened by the whole atmosphere and went to her room, locking the door. To the allegations of heavy drinking and drug abuse among the students and sexual promiscuity within the dorm, Manuel Urena testified that the students are "adults" and rehabilitation is a "learning process." He further stated that he is "proud of OCB." On the other hand, Dr. Allen was apparently horrified by the testimony submitted concerning the conditions at OCB. He first tried to attack Muhammad personally in an apparent attempt to discredit him before the Appeals Board. When that didn't work, he tried to diminish his share of the responsibility in the decision to require Muhammad to use California rehabilitation services by admitting that a person has a right to be in an alcohol- and drug-free environment. He further stated that he had spoken with Joanne Fernandes, that Mrs. Fernandes was very proud of her program and that he thought the program at the Louisiana Center had many good things to offer. The Rehabilitation Appeals Board has 60 days to render its proposed decision and forward it to the Director of the Department of Rehabilitation. The Director may adopt the proposed decision without change, or she may review the decision in whole or in part and issue a separate decision, or she may send the matter back for further hearing. The Director has 20 days from the date of the proposed decision to choose among these options. I shall keep you apprised of the progress of this appeal. Cordially, Sharon Gold, President National Federation of the Blind of California ____________________ That was Sharon Gold's cover letter, and the material that came with it might be described as lurid. Space will not permit inclusion of all the affidavits. Michael Baillif, a native Californian, and Mildred Rivera, a young attorney about to take a position with a California law firm, recounted in glowing terms their experiences at the Louisiana Center for the Blind. Todd Elzey described in agonizing detail the frustration of dealing with the California Orientation Center staff who would not do what was necessary to get the replacement batteries he desperately needed for his hearing aids while he was a student there. Edith Esty admitted that, as a mature adult who knew what she wanted out of the rehabilitation experience, she had been able to make the training program at the Orientation Center work for her. But she said that there was always lots of noise, alcohol, and general temptation around, and a young person would have trouble getting the most out of the program. In his testimony, Manual Urena, Program Manager for the Department of Rehabilitation, admitted that students as young as sixteen can be enrolled at the Orientation Center, a fact which raises the possibility at least of statutory rape at a facility in which sexual activity is alleged to be frequent and wide-spread. Here is the brief prepared by Muhammad Karim and the National Federation of the Blind of California: BEFORE THE REHABILITATION APPEALS BOARD STATE OF CALIFORNIA IN THE MATTER OF THE APPEAL OF MUHAMMAD KARIM Case No. 335-58-6011 Muhammad Karim hereby appeals from the August 3, 1989, Administrative Review Decision of George A. Allen, District Administrator, Department of Rehabilitation, 350 South Hope Avenue, Santa Barbara, that, because the California Department of Rehabilitation offers rehabilitation training for the blind through the Orientation Center for the Blind, and alternative sources through the Foundation for the Junior Blind in Los Angeles, the Living Skills Center in San Pablo, the Lions Blind Center in Oakland, and local training by a Counselor-Teacher supplemented by a mobility instructor, the Department of Rehabilitation correctly declined to fund rehabilitation training for Mr. Karim through an out-of-state facility, the Louisiana Center for the Blind, located in Ruston, Louisiana. FACTS Muhammad Karim is a twenty-two-year-old legally blind male, who is a client of the California Department of Rehabilitation. Mr. Karim gained most of his elementary education in Chicago before moving to the Los Angeles area, where he attended intermediate and secondary schools through the Los Angeles City Schools program for blind students, in which he continued to learn typing and the skills of Braille reading and writing. While in public school, he did not adequately learn mobility and the other skills necessary for independent living as a blind person. Following Mr. Karim's graduation from high school, he spent approximately five months at the Vocational Independence Program of the Foundation for the Junior Blind in Los Angeles under the sponsorship of the California Department of Rehabilitation. While at VIP, Mr. Karim learned some elementary mobility skills; however, he was not taught to travel independently at a distance from his home, to cross streets, or to travel on public transportation independently. Also while at VIP, Mr. Karim was not taught to do his own cooking or laundry or to master the other skills necessary for successful independent living as a blind person. Realizing that he needed further training in independent living skills, on May 12, 1989, Mr. Karim wrote to Shelley Alshire, his rehabilitation counselor, requesting that the Department of Rehabilitation sponsor him at the Louisiana Center for the Blind, where he could learn the skills necessary to function as a blind person and also the proper attitude towards blindness. The counselor denied Mr. Karim's request for out-of-state rehabilitation training, and Mr. Karim requested an Administrative Review of the counselor's decision. The Administrative Review was held on August 1, 1989, at the Santa Maria Branch Office of the Department of Rehabilitation. On August 3, George Allen, District Administrator of the Santa Barbara Office of the Department of Rehabilitation, held that Mr. Karim's rehabilitation counselor was correct in declining to authorize Department "funding to train him for independence at the Louisiana Center for the Blind, an out-of-state facility, because suitable alternative sources of training are available in the State of California." ISSUE Is it appropriate for the California Department of Rehabilitation to refuse to sponsor rehabilitation training for Muhammad Karim at the Louisiana Center for the Blind in Ruston, Louisiana, an out-of-state facility? Muhammad Karim contends that: 1.He needs rehabilitation training in the alternative techniques of blindness. 2.At the present time there is no program in California which meets his individual needs. 3.The Department of Rehabilitation should provide out-of-state rehabilitation training because suitable courses, training, and environment are not available to him within the State of California. In his Administrative Review Decision of August 3, 1989, George Allen, District Administrator, outlined four alternative in-state options to the out-of-state rehabilitation training requested by Mr. Karim: (1) training at the California Orientation Center for the Blind, (2) additional training at the Foundation for the Junior Blind, (3) a program linking the Living Skills Center in San Pablo and the Lions Blind Center in Oakland, and (4) local training combining the services of a Department Counselor-Teacher and a mobility instructor. California statutes mandate that the Department of Rehabilitation provide a residential rehabilitation center for the blind. At the center, blind clients are to receive "an intensive program designed for maximum vocational and personal rehabilitation and for the preparation of blind persons for useful and remunerative work." Welfare and Institutions Code Section 19500 and 19501. The program at the center should include "techniques of daily living, techniques of travel, physical conditioning, sensory training, instruction in Braille, instruction in skills for the handicapped, typing, and business principles and methods and shall provide for social and vocational diagnostic testing and individual counseling." Welfare and Institutions Code Section 19502. As an alternative to the California Orientation Center for the Blind, the Department contracts with the Foundation for the Junior Blind in Los Angeles to provide rehabilitation training through its Vocational Independence Program and with the Living Skills Center in San Pablo. Each of these facilities has a residential program, which offers courses similar to those offered by the Orientation Center. In addition to the residential programs offered by the Department of Rehabilitation, the Department is mandated to provide counselor-teachers who "give individual instruction in those techniques which will enable the blind to adjust to daily living in the home and in the community." The counselor-teachers shall "teach the blind reading and writing of Braille, typing, travel techniques, household arts and crafts...and such other instruction as may enhance their opportunities for personal rehabilitation." Welfare and Institutions Code Section 19525. The instruction by the counselor-teacher is supplemented by mobility instructors who work with the client in the neighborhood environment. The Lions Blind Center of Oakland is a private agency not under contract with the Department of Rehabilitation. Individuals attending this center are assessed fees for services based on their income. The Louisiana Center for the Blind is a residential center serving the citizens of Louisiana and persons from such other states as may request its services. About twenty-five percent of the students attending the Louisiana Center for the Blind are out-of-state residents who are receiving services under contract from their home states. The center offers a well-structured program of training in the alternative skills of blindness and develops a positive philosophy of blindness and a strong belief in the capabilities of the blind. The staff and programs of the center emphasize self-discipline and self-motivation, and negative reinforcement is absent from the training. At one time the California Orientation Center for the Blind provided a positive approach to the rehabilitation of blind persons. Through the years the curriculum has not kept pace with the times, and the rehabilitation training program has deteriorated to the point where both the students and staff members are casual about attending classes. The staff has poor self-esteem and displays negative attitudes toward blindness and blind people. Whereas the Orientation Center has a duty to provide an environment in which blind and newly blind persons can find strength during the process of adjusting to their disability, the students and guests at OCB report that the environment of the dormitory is laced with alcohol, drugs, and promiscuous and perverted sexual behavior. It is reported that students return to the campus in a state of drunkenness and that some students bring liquor on to the premises. Some students have left the Center without completing their training because of the complacent attitudes in the classroom, the negative attitudes toward blindness, and the environment of the dormitory. Other persons do not wish to attend OCB and subject themselves to the current environment at the center. Students and visitors have reported the availability of drugs in the dormitory and on the premises of the Orientation Center for the Blind. They have reported the odor of incense in the dormitory, which they believe to be a cover for marijuana. Most students are fearful of presenting documented statements concerning the availability and use of drugs on the OCB premises; however, an investigation by Chad Investigations of Richmond, California, reveals the presence of drugs, including cocaine, on the premises of the Orientation Center for the Blind. The investigation also confirms "parties" on the premises during which drugs and alcohol were present. This investigation further confirms some of the sexual relations between students and also mentions rumors of sexual relations between students and at least one member of the staff, who was reportedly fired because of her behavior with students. It has been reported that this staff member was later rehired and subsequently resumed these relations with the students. Finally, this report describes physical confrontations between students while on the premises of OCB. Similar reports to those concerning the California Orientation Center for the Blind have come from students attending the Vocational Independence Program. However, Mr. Karim has already spent some months (March through August, 1985) at the Vocational Independence Program. Notwithstanding these months of training, Mr. Karim possesses limited mobility skills and reports that he was refused instruction in street crossing and adequate training in using public transportation. The Living Skills Center in San Pablo provides a program which is unstructured and does not provide daily instruction in the alternative skills of blindness. Teachers go to the students' apartments to provide some instruction in daily living skills, such as the management of personal affairs and daily activities like cooking, cleaning, and doing laundry. Mobility training is based on daily activities in familiar areas and does not include long and intensive travel routes. The Living Skills Center is designed to be a stepping stone between the sheltered home environment and total independent living. It has been suggested that Mr. Karim could incorporate instruction at the Lions Blind Center in Oakland with the program at the Living Skills Center. Students enrolled at the Oakland Lions Blind Center attend classes all day, one day per week; thus they do not have the advantage of continuity that comes with a daily training program. The Louisiana Center for the Blind offers daily instruction in the alternative skills of blindness. Students attend class from 8:00 a.m. to 5:00 p.m. with an hour lunch break. The Center provides intensive seminars for students, discussions which lead to the development of self-esteem and a positive image of blind persons. The extra-curricular activities at the Louisiana Center for the Blind help the students progress from travel on foot in the one- half mile area between the Center and their apartment complex to independent travel throughout the state and across the country. Alcohol and drug abuse is not present at the Louisiana Center for the Blind. The General Information and Guidelines of the Center clearly state the rule that "NO ALCOHOLIC BEVERAGES ARE PERMITTED ON THE PREMISES OF THE LOUISIANA CENTER FOR THE BLIND, INCLUDING THE STUDENT APARTMENTS. THE USE OF ILLEGAL DRUGS WILL RESULT IN IMMEDIATE TERMINATION FROM THE PROGRAM." Muhammad Karim currently possesses little or no mobility skill with a white cane. He travels from place to place solely dependent upon sighted help. He is so fearful of street crossings that he is a potential danger to himself; thus he stands at intersections and waits for someone to take him across the street. He lacks the technique of locating obstacles with a cane and also lacks the self-confidence necessary to travel independently. Further, Mr. Karim cannot cook for himself, nor can he clean his home or properly handle his laundry. Therefore, Mr. Karim needs rehabilitation training in the alternative techniques of blindness. Mr. Karim needs a structured, well-disciplined, and intensive rehabilitation training program. He needs the discipline of apartment living, compelling him to cook, shop, and clean for himself; and if that apartment were so situated that he had to walk some distance to attend mandatory daily classes, he would benefit greatly. No such program currently exists in California. As evidenced by the above discussion and attached documentation, the environment at the California Orientation Center for the Blind, the only residential rehabilitation center for the blind administered by the Department of Rehabilitation, does not encourage students with high morals to attend. Mr. Karim finds both the dormitory and classroom environments offensive, and thus the OCB would not contribute to his successful adjustment to blindness. Further, the Vocational Independence Program has already proven to be unsuccessful for Mr. Karim, and neither OCB nor the Vocational Independence Program offers on-the-job training or a large computer lab, where he can use a Braille embosser, learn computer skills, and become familiar with several forms of speech-output software and hardware. According to Title 9 of the California Code of Regulations, clients of the Department of Rehabilitation "may be provided out-of-state training when: (a) Suitable facilities or courses are not available within the State." Because of the curriculum, environment, and philosophy of blindness exemplified by the Louisiana Center for the Blind, no California rehabilitation agency, combination of agencies, and/or field orientation services can provide comparable courses in this state. Therefore, the California Department of Rehabilitation should authorize funding for out-of-state rehabilitation training for Mr. Karim. Date: March 2, 1990 Sharon Gold ____________________ AFFIDAVIT OF JOANNE FERNANDES I, Joanne Fernandes, hereby swear and depose: 1. My name is Joanne Fernandes. 2. I reside at 2509 Foxx Creek Road, Ruston, Louisiana, 71270. 3. I am legally blind, and during the mid-1960's I attended a residential rehabilitation facility for the blind where I developed a positive philosophy concerning blindness and received quality instruction in the skills of blindness. 4. I am a trained rehabilitation specialist and hold a Master's Degree in Counseling and Guidance. 5. Since 1985 I have been the Director of the Louisiana Center for the Blind, 101 South Trenton, Ruston, Louisiana, 71270, telephone (318) 251-2891, a privately owned, non-profit residential training facility which provides quality instruction in the skills of blindness. 6. The Louisiana Center for the Blind serves blind adults from Louisiana and throughout the United States. About one-quarter of the students come from states other than Louisiana and are funded by their home state rehabilitation agencies, which recognize the unique services offered by the Louisiana Center for the Blind. 7. The Center has a highly qualified staff, most of whom are blind persons, and adequate equipment to meet the individual and classroom needs of each student. The center houses a complete computer laboratory, where the students can use many different computers; Braille-embossing equipment; and screen-reading hardware and software. 8. Each student at the Louisiana Center for the Blind lives in a local apartment complex, where the student must plan all meals; cook for himself; and do all of his own laundry, cleaning, and shopping. On foot and using a white cane, the students independently travel the approximately one-half mile between the apartment complex and the training center. Generally during the evenings and on weekends the students at the Center are free to participate individually and collectively in community activities and to socialize with other residents in the apartment complex and in the community of Ruston, Louisiana. 9. The Louisiana Center for the Blind maintains and stringently enforces rules prohibiting the use of alcoholic beverages on the premises of the center and in the student apartments. The student use of illegal drugs results in his or her immediate termination from the program. 10.Daily required classes at the Louisiana Center for the Blind are scheduled during the hours of 8:00 a.m. to 12:00 noon and 1:00 p.m. to 5:00 p.m. and include Braille, one hour; Home Economics, two hours; Cane Travel, two hours; Typing, one hour; and Independent Study, two hours. The Independent Study class includes the following optional courses: Abacus, GED Training, Sewing, Computer Literacy, Handwriting, and Talking Calculator. Meeting twice weekly for two hours are classes in Exercise and a Seminar program, in which students discuss and develop a positive philosophy of blindness. A copy of the Louisiana Center for the Blind brochure "Training Today ... For A Better Tomorrow!" is included as Attachment #1. The Louisiana Center for the Blind General Information and Guidelines, which is distributed to incoming students, is included as Attachment #2. 11. In addition to the formal classes described in Paragraph 10, the Louisiana Center for the Blind regularly plans and carries out Field Trips, which are designed to place the students in a variety of situations which will increase their exposure to and successful participation in a broad range of experiences, many of which the sighted public and the newly blind themselves believe the blind can not accomplish and enjoy. 12. When beneficial to a student, the Louisiana Center for the Blind arranges for on-the-job training to help the blind person enter or re-enter the job market. 13. In the Spring of 1989 Muhammad Karim of California telephoned my office to inquire about entry into the Louisiana Center for the Blind. I subsequently met personally with Mr. Karim and discussed and evaluated his rehabilitation needs. 14. Notwithstanding the fact that Mr. Karim has experienced some rehabilitative training, he lacks the substantive skills in mobility and daily living that are required to function independently as a blind person. 15. The Louisiana Center for the Blind can offer Mr. Karim a full rehabilitative program, including training in mobility with the long white cane and in-depth instruction in word processing and other computer skills. Joanne Fernandes ACKNOWLEDGMENT I, Maria T. Kirchhofer, a Notary Public in and for the State of Louisiana certify that Joanne Fernandes, personally known or satisfactorily proved to me to be the same, personally appeared before me and took oath in due form of law that the statements made in the foregoing affidavit are true and correct this 24th day of February, 1990. ____________________ AFFIDAVIT OF CHARLES COE I, Charles Coe, hereby swear and depose: 1. My name is Charles Coe. 2. I reside at 1500 7th Street #9-A, Sacramento, California, 95814. 3. I am legally blind with decreasing residual vision. Since I need and want to learn the alternative techniques necessary to function as an independent blind person, on or about June 26, 1989, I went to the California Orientation Center for the Blind to begin rehabilitation training. I remained at OCB until about July 31. 4. The Orientation Center for the Blind exercises loosely enforced rules concerning the behavior of the students in the dormitory and their attendance and participation in classes. 5. While at OCB, I observed that many students were frequently absent from classes. It appeared that these students slept during the day so that they could carouse around at night. 6. Some students left the premises and returned to the dormitory from evening outings, obviously intoxicated and in a drunken state. 7. Henry Kruse, the instructor of business skills and the abacus, canceled class on several occasions; and other staff members failed to report for classes. 8. The Center has an exercise room with assorted exercise equipment. Misuse of this equipment can cause serious injury to the individual using it. The students at the center did not receive proper training and supervision in its use. 9. The attitude of both the staff and students toward class attendance made continuity within the classroom and group participation among the students impossible. 10. There appeared to be much sexual promiscuity between students in the dormitory. Petting and other sexual familiarities between male and female students were common in public areas of the center. 11. At night, there was much noise and activity in the dormitory. On most nights, even after midnight, there was lots of noise and disruption with boombox radios blaring throughout the building and sleeping room doors opening and closing. 12. On two weekends during my stay at OCB, my wife came to visit me. The behavior of the students was such that I was embarrassed to have my wife on the premises. 13. Because of the lack of continuity in instruction, the poor attendance at classes by both staff and students, and the terrible environment in the dormitory, the California Orientation Center for the Blind did not satisfactorily meet my rehabilitation needs. Therefore, without completing my rehabilitation training, on July 31, 1989, I left OCB to return home. Charles Coe ACKNOWLEDGEMENT I, Shirley O'Key, a Notary Public in and for the State of California certify that Charles Coe, personally known or satisfactorily proved to me to be the same, personally appeared before me and took oath in due form of law that the statements made in the foregoing affidavit are true and correct this 28th day of February, 1990. ____________________ AFFIDAVIT OF ANNETTE COE I, Annette Coe, hereby swear and depose: 1. My name is Annette Coe. 2. I reside at 1500 7th Street #9-A, Sacramento, California, 95814. 3. I am the wife of Charles Coe, a legally blind man who attended the California Orientation Center for the Blind from about June 26 through July 31, 1989. 4. During the weekend of July 1 and again during the weekend of July 15, I went to the Orientation Center for the Blind to visit my husband, who was residing in the student dormitory. 5. On both occasions, while I was at the dormitory at the Orientation Center, I found the behavior of the students shocking and disgusting. 6. Petting and other sexual familiarities between male and female students could be observed in public areas of the dormitory and around the center. 7. At night the students in the dormitory were rowdy and noisy, and several were apparently drunk. 8. One evening I stepped into the hall from the visitor's room on the second floor which had been assigned to my husband for our use during the weekend and found a door to a neighboring student room standing open. I could see into the room. A woman and two men were on the bed. The trio was obviously engaging in sexual activity with both men fondling the woman. 9. On one occasion I went into the downstairs guest bathroom, where I found pornographic pictures. In this same bathroom there was a bathtub full of water, which apparently had been vacated recently. There was a dildo in the bathroom, and women's undergarments could be seen lying around the room. Annette Coe ACKNOWLEDGMENT I, Shirley O'Key, a Notary Public in and for the State of California certify that Annette Coe, personally known or satisfactorily proved to me to be the same, personally appeared before me and took oath in due form of law that the statements made in the foregoing affidavit are true and correct this 28th day of February, 1990. ____________________ There you have a sample of the affidavits submitted by Muhammad Karim supporting his request for rehabilitation at the Louisiana Center for the Blind and illustrating his contention that the California Orientation Center for the Blind does not provide a conducive environment for a young man who needs discipline and a productive lifestyle if he is to master the skills he needs. In preparing for this appeal, the NFB of California obtained access to reports on the Orientation Center prepared during the summer of 1988 by a private investigation service. An operative, posing as the brother of a blind man who was considering returning to California for rehabilitation, toured the Center, maintained surveillance of the facility for several days at a time during two periods several weeks apart, and struck up a friendship with a student named Ron, who provided him with a student's point of view. The reports are filled with routine information of the kind one would expect to find in any observation of a rehabilitation center. The operative found the facility clean and neat, and he worried about seeing blind students doing the things that most sighted people assume to be beyond the capacity of the blind--precisely what one would expect to read as the comments of an uninformed observer. But scattered through the pages of this material are some disturbing comments and some information that provides evidence of the distressing limitations in the rehabilitation offered at the Orientation Center. One would have thought, for example, that the Director of a rehabilitation facility serving some thirty-six residential students at the time (according to Ron's count) would have found enough work to do to keep him busy at the Center many hours a day. An informal check with the directors of the independent rehabilitation centers for the blind in Minnesota, Colorado, and Louisiana indicated that they spent an average of eleven to twelve hours a day at their centers and additional time working at home or attending meetings. All three laughed at the idea of leaving their desks for lunch, though they all made a point of saying that they would like to have lunch with their students more often than they can make time for. All of them say that they teach classes and are prepared to substitute for other staff members when necessary. In such a setting no student could complete the rehabilitation program without becoming very well acquainted with the director. Contrast these schedules with that of Allen Jenkins as reported by the investigator: CHAD INVESTIGATIONS Richmond, California July 1, 1988 Subject: California Orientation Center for the Blind 400 Adams Street Albany, California Director: Allen Jenkins INVESTIGATION 6/21/88: Surveillance began on the Director, Mr. Jenkins. The operative arrived at his residence at 7:30 a.m. There was no activity noticed until 9:00 a.m. when Jenkins was picked up in a lime green VW, California license 2JBH6O9.... This vehicle drove directly to the Center at 400 Adams, arriving there at 9:1O a.m. Jenkins got out of the vehicle and entered the Center. At 11:30 a.m. Jenkins left the Center in an orange vehicle with a State exempt plate of 861151. This vehicle is apparently one used by the Center. At 12:45 p.m. Jenkins arrived back at the Center in the orange vehicle. The driver of this vehicle is unknown.... At 2:32 p.m. Jenkins left the Center in the same orange vehicle, this time being driven by a female believed to be his secretary. They went directly to Jenkins's residence. The female stayed in the vehicle, and Jenkins exited and walked to his residence. The operative surveilled the residence until 3:30 p.m. and no further activity was noted. The operative returned to the Center to see if the orange vehicle had returned there, and it was observed parked. Surveillance was terminated at this point. 6/22/88: The operative parked on San Pablo Avenue at the intersection near the entrance to the Center and waited for Jenkins. At 9:05 a.m. the lime green VW was sighted and went to the Center. Jenkins exited the vehicle and went into the office area. This vehicle drove away.... At 11:33 a.m. this vehicle [the orange car] left the Center being driven by what appeared to be the younger female in the second office in the Center. Jenkins was the passenger. They were followed to the area of the Marina where they parked at H's Lordships, a restaurant. They exited and went into the restaurant. The operative stayed in his vehicle and waited. They apparently had lunch and left the area, returning to the Center at 1:08 p.m.... At 2:48 p.m. the orange car left, but the operative could not see who was in the vehicle. The operative was blocked by traffic and lost sight of the vehicle. The operative went to Jenkins's residence to see if the vehicle was there. On arrival, the operative could not see any sign of the vehicle and could not tell if Jenkins was in the residence. The operative waited for ten minutes to see if the vehicle would arrive and decided to go back to the Center. The orange vehicle was parked. The operative waited at the Center until 4:00 p.m. for movement with none occurring. It was apparent that Jenkins was in this vehicle earlier and had been taken to his residence. The operative telephoned Jenkins's residence and recognized the voice that answered as that of Jenkins. The surveillance was terminated at this point. 6/24/88: The operative arrived at Jenkins's residence at 8:30 a.m. and observed the green VW in front of the house. The operative drove to the area of the Center to wait for the arrival of the VW. At 9:09 a.m. Jenkins arrived in an '81 Plymouth coupe, 1BXXl94.... The operative had noted that this vehicle was one that had been parked in front of Jenkins's residence. Jenkins exited this vehicle and entered the Center.... At 12:11 p.m. the orange vehicle left the Center, driven by the same young secretary as before with Jenkins as a passenger. They were followed to the Marina, and again went into H's Lordships, arriving at 12:20 p.m. They went into the restaurant, and the operative later entered.... At 1:00 p.m. the female and Jenkins left the restaurant. The operative followed, and they drove to a shopping center down the street from the Center. The female went into Long's Drug Store, and Jenkins remained in the vehicle. In a couple of minutes the female returned to the vehicle and said something to Jenkins. She then returned to the store. She came back to the vehicle a short time later with a medium brown bag. The contents appeared to be thin and rectangular and may have been cigars. At 1:20 p.m. they left the shopping center and drove to the Center.... The operative did not see any activity until 4:00 p.m. when he observed Ron walking down a pathway leading to San Pablo Avenue. This pathway was not being watched by the operative routinely. The operative concluded that Jenkins might have gotten by him without his noticing. The operative telephoned the residence, and the phone was answered by Jenkins. The surveillance was terminated at this point. SUPPLEMENTAL INVESTIGATION, FRIDAY--8/12/88: Surveillance was established at the Center at 8:15 a.m. At 9:00 a.m. the subject arrived in the green Volkswagen. Jenkins exited this vehicle and went into the Center. At 11:35 a.m. the subject and a male driver (faculty member) left the Center in a yellow station wagon, license number E85O172. They proceeded to H's Lordships and had lunch.... They left the establishment at 12:58 p.m. and returned directly back to the Center. At 4:15 p.m. the subject left the Center and went directly to his residence. MONDAY--8/15/88: Surveillance was established at the Center at 8:15 a.m. The subject arrived as a passenger in the lime green Volkswagen, exited, and entered the Center. At 11:38 a.m. the subject left the center in a Honda Accord driven by a young Oriental female, California license 1SNB628. They went to H's Lordships for lunch.... At 12:48 p.m. they left the restaurant and returned directly to the Center. The subject left in the above Honda at 4:20 p.m. and went directly to his residence. WEDNESDAY--8/24/88: Surveillance was established at the Center at 8:15 a.m. The subject arrived at 9:05 a.m. and went into the Center. He did not leave the Center until 11:48 a.m. He was a passenger in a vehicle driven by a young Oriental female in an Omni with State Exempt plate E861751. This vehicle was followed to the Baltic Restaurant, where these two individuals were observed to have lunch.... They left this restaurant at 1:30 p.m. and drove directly back to the Center, arriving at 1:45 p.m. There was no further activity on the part of the subject until 4:15 p.m. at which time he left the Center and was driven directly to his residence. ____________________ There you have the sections of both the original and supplementary reports that allegedly record the comings and goings of Allen Jenkins, and the impression they create is not comforting. To be sure, most of us would enjoy a job which provided a hefty paycheck, a nine-to-four day, an hour or more for lunch, and chauffeur service; but if blind adults are going to be offered the quality rehabilitation they need in order to take their rightful places in their communities, they need the support and guidance of professionals with more commitment than Mr. Jenkins's reported schedule demonstrates. The investigator's report disclosed several other interesting and significant pieces of information and impressions from the student point of view. What follows is a series of passages from the report. Each provides a glimpse of life at the Orientation Center. As you read, compare the picture that emerges with that drawn by Mrs. Fernandes of the Louisiana Center for the Blind in her affidavit, and decide which facility you would prefer to entrust yourself to. In June of 1988 the operative had an interview with Al Gil to discuss the possibility of his brother's coming to the Center. He asked for a tour after the interview but was told that it could not be arranged on such short notice. Another date was set for it, and on that morning a student named Ron was assigned as his guide. Ron showed the entire facility to the private detective and talked freely about the Center and the students and staff. Subsequently, the two had several other conversations, and the operative eventually told Ron that he was a detective engaged in an investigation of the Center. Here are excerpts from the report that are indicative of the more custodial facets of the program and that reflect student perceptions of the facility: July 1, 1988 Subject: California Orientation Center for the Blind 400 Adams Street Albany, California Director: Allen Jenkins INVESTIGATION: On 6/15/88 the operative went to the above location. Observation of the exterior of the grounds was that it was clean in appearance, and the grounds were maintained efficiently.... Adjacent to this room was the laundry room containing two washers and two dryers. This room also had glass windows to clearly see into. On the floor and on the washer and table were various pieces of clothing that someone had apparently overlooked when using the facilities. Ron advised the operative that this was where the laundry was done and the students had the option of using it on their own or having someone else do their laundry for them. Next Ron took the operative to what was referred to as the personal care classroom. On the way there a black female seemed to be confused. She was saying some things out loud that were not discernible. As they were approaching her, she explained she was lost and wanted to go to her room. She had forgotten something for her class and did not want to be there anymore. Ron asked if he could help, and she said all she wanted was to get to her room. Ron directed her to the interior courtyard and sent her on her way. Ron and the operative then entered the personal care classroom. It resembled a small house with each section teaching students to adjust to normal home living. They walked in, and the operative noticed that the bottom metal door of a metal file cabinet was off and lying in a narrow hallway, easy for one of the students to trip on.... As Ron and the operative walked back into the first room, the teacher noticed the metal door on the floor and stated, "Darn thing is broken again." She began to explain how she taught the students. (She did lean the door against the cabinet, out of the way.).... Ron and the operative then went to the cafeteria. Everything here appeared clean and orderly. Ron stated that breakfast was served from 7:30 a.m. to 8:00 a.m., lunch from 11:30 a.m. to 12:00 noon, and dinner from 5:30 p.m. to 6:00 p.m.... Ron said they get clean towels twice a week and bedding once a week. Each student has the option to just pick them up or do their own in the laundry room. Ron and the operative went downstairs, and Ron gave the operative his home telephone number in case the operative wanted to call him about anything. During their discussion, Ron told the operative that occasionally there was alcohol in the dorm. It is not allowed, but it still happens, and sometimes they have little parties.... The operative arranged a meeting with Ron under the pretense that he wanted to take him out for some dinner and a few drinks. Ron appeared very elated at this and agreed to do so. The operative arrived at the Center at 3:40 p.m., and Ron was waiting outside. They went to H's Lordships, where Ron related the following information during the course of the evening: - There are approximately 36 students living at the Center now. This number varies. The breakdown of males vs. females was unknown. - He stated there were times when the men and women at the Center would get together and have sexual intercourse in their rooms. The counselors are not supposed to allow this, but in most cases they look the other way. He stated that if they do get caught, nothing is done. He iterated that they are all adults; they can basically do what they want in this regard. He did not feel that this was a problem area, and no one that he knows of sneaks anyone in for the purpose of having sex. There are times when two people get lonely and want the sexual company of another of the opposite sex. - There is no curfew for the students, and they can come and go as they please. There is no direct supervision of their habits while at the dorm. - There are alcohol and drugs in the dorm. He knows of people doing drugs there--those drugs being basically marijuana and cocaine. It is not allowed by staff. However, it is still done and is difficult, but not impossible, for the staff to prevent. There is no drug dealing going on, and what is used is for personal consumption and is brought in by the students. At times friends of the students will bring alcohol or drugs in for them, but this is not rampant. He has no knowledge of any staff members being involved in the use or supply of drugs or alcohol. - Sometimes the students get together and have parties where drugs and alcohol are present, but this is seldom. He felt that staff knew these parties were going on, but they did not say anything. Usually, in occurrences such as these, the staff looks the other way. - Ron likes the Center and feels most of the students do also. He feels it has helped him very much. He stated you could get out of it what you want to put in. Some of the students do not really try that hard, and therefore they do not get that much out. - Ron stated that it was hard to get into the Center, but that, if you knew someone it would be easy. He stated that Mr. Jenkins, Mr. Gil, and the head counselor had the power to get in whomever they wish. - Ron stated he did not know much about Mr. Jenkins. He said that Jenkins did not interact with the students much, but Mr. Gil did. He has only spoken with Mr. Jenkins twice since he has been there (December, 1987, to August, 1988). Normally, Jenkins does not mix with the students. His knowledge of Jenkins is limited, but he thinks Jenkins is quiet and has been there since the Center was opened. - Ron stated that everyone at the Center knew the operative was coming to visit the Center. The people at the Center always seem to know when there is going to be an inspection or a visit from someone. It is common knowledge that, when there is an inspection or a visitor, everyone is to be on their best behavior and that things are to be cleaned up more than usual. He stated that someone at the Center knows someone in the system who tells them when there is going to be an inspection by the State. - Ron does not know the comings and goings of the staff. They all seem to be doing a good job, and he has had no problems. He has not heard any of the students having any problems with any of the staff. Sometimes they grumble, but this is usually in general and nothing in particular. - Ron stated that he has not had to pay extra for anything at the Center. Everything he needs is provided for him. The gist of this conversation was there does not appear to be any internal graft occurring.... - As far as he knew, the Center is kept clean. There have not been any accidents due to neglect that he knew of. Most of the time safety seems to be of importance with the teachers.... When this meeting was over, the operative felt that Ron was being very candid and that he could approach Ron again if necessary and that Ron would be truthful with him.... END OF REPORT Respectfully submitted, Charles Del Biaggio, Owner/Manager ____________________ The following is an account of what Ron stated about the Center in a later interview: Ron was advised that the operative was actually investigating the Center and ascertaining whether or not there were any improprieties in the administration of it. Ron was asked if he knew anything about Jenkins's comings and goings. He stated he really did not know that much about Jenkins other than he wasn't there much. When asked how he knew that, he said he could smell his cigar when he was there. Ron said that Jenkins had met a lady (he wouldn't say who) in Hawaii in November or December of 1987 while he was on a trip. All he knew was that this lady stayed with Jenkins at his house for December of 1987 and January of 1988. She then was enrolled in the school and is presently still attending. As far as he knew, there was nothing occurring between Jenkins and this lady that was romantic in nature. It seemed odd that this occurred, however. Ron felt that the members of the staff at the Center were too loose with the students and there is not much discipline. He said the students run the school more so than the staff. The students come and go as they please and often do not attend classes. This practice prolongs their stay, and the State pays $1700.00 per month for each student. He stated he did not feel it was fair for this to be allowed. As far as alcohol and drug usage are concerned on the property, Ron stated that there is no control over this. The students come and go as they please, and there is quite a bit of alcohol usage that he knows of. The counselors just look the other way in this regard. As for drugs, Ron stated he did not know of any of late. There was a past student that was heavily involved in them named Michael. Ron did not know how the drugs got in but assumed that Michael just brought them in when he wanted. These drugs included marijuana and cocaine. There was some other usage of these drugs by other students, but he did not feel that it was prevalent. Ron told the operative of a fight that he got into the other day at the Center. He said the student who struck him was sighted. He stated that the counselor on duty had just left the room when it happened. The Albany police were called, and the other student requested the State Police be called also. The other student was expelled until Ron left school, which is August 29. Ron knew of one other fight that occurred on the grounds since he had been there, but he could not remember when this was or what it was about. He knew of no physical abuse by any counselor but did say a female counselor in her middle 40's was having sex with a student. He would not say who this counselor was or who the student was, but the counselor works from 7:00 a.m. to 3:00 p.m. She was employed previously at the Center and fired for some type of sexual problem. He did not know why she was hired back but stated this was a typical example of how the school was run, too loose. Ron felt that if the State ever investigated the administration of the school, they would probably close it up. Ron stated he asked the abacus teacher for an extra hour of class one day and was refused. He stated that if the school was closed, it would be because of the teachers. Most of them are good, but they are not dedicated to their profession. Basically they are good teachers, but they do not teach. Ron's feelings were that there was dead wood that needed to be cleaned out at the school. He stated after 20 or 30 years things fall apart. There is a new person at the Center on the staff named Carl Green who seems to bring new blood. He is a sighted man. People staying there for a full year aren't applying themselves, and they are not supported by the staff. There is a student there now that misses two to three classes a day. Only 5 or 6 classes are required. The students there think that the Center is a Club Med and do what they want. He referred to a lady that was leaving the Center; but, before she did, she took two weeks off to go to Hawaii. She then came back and checked out. He could not understand this because there is supposedly a waiting list to get in. The State was paying for two weeks of her enrollment at the school while she was in Hawaii. Ron talked some more about his altercation at the Center with the other student. He said that the other student struck him first and Ron struck back. The State Police were called. Both men pressed charges against each other, but nothing happened. Ron was expelled for one week, returning on the 17th, and the other student was expelled until Ron leaves this Monday. Ron feels that the students that are allowed to come to the Center need to be screened better. Mr. Gil is the one with the final decision as to who is allowed to enroll. He is a nice guy, but in business one cannot always be a nice guy. A few people presently at the Center only need mobility since they already know everything else. Too many people there want to party. He was asked if it would be possible for the operative to bring a six-pack of beer into the dorm. He said it would be easy because most of the counselors are blind and they would not know. He said that the students are over 21 and will go to local pubs to buy six-packs of beer and take it back to the school. He said this is not allowed because the Center is state property, but it happens all of the time. He said he did not feel it was that much of a problem. He said again that student attendance in classes was more of a problem. Ron was asked if he would be willing to talk with someone else regarding the Center, and he said he would. He stated he could not give much of an opinion of Mr. Jenkins since he has only met him twice.... Ron stated that, as far as he knew, the Albany police have been called to the Center for various troubles three or four times since he has been there. Finally, Ron stated his concerns are about the teachers going on vacation without having replacements. During that period of time, no one goes to those classes. Some of the vacations of the various teachers overlap, and there are times when there are two or three classes canceled daily because of vacations. This allows the students a lot of free time, and with so much time on their hands, they think of things to do that are not always productive. ____________________ There you have a small part of the documentation presented by Muhammad Karim and the National Federation of the Blind of California at the March 2, 1990, appeal hearing. The panel had sixty days in which to make its decision. The state notified Muhammad of the decision in early May. The proposed document, which was sent to the Director of the Department of Rehabilitation, bears the date of April 26. To no one's surprise, the Appeals Board upheld the earlier decision to deny Muhammad Karim's request for out-of-state training on the grounds that, among other things, "The OCB is a suitable facility; it is provided by the State of California, and attendance at OCB would not impose undue hardship upon the appellant." The Board did encourage "the Department to look into the allegations made in the previously mentioned documents." At this writing it is not clear what the next step will be. An appeal in the California court system is a possibility, though the investment in time and money would be sizable. In recent months we have been reminded painfully of the scandalous treatment that California vendors have received at the hands of the Department of Rehabilitation. (See the January and June, 1990, issues of the Braille Monitor.) Now the state's finest rehabilitation facility has been charged with being a place in which neither students nor staff care particularly about attending classes; and alcohol, drugs, and sex seem to be the order of the day and of the night as well. Very few states in the country offer excellent or even good rehabilitation training, but one can hope that most blind students don't have to put up with the complications to life and concentration faced by those who are required to attend the California Orientation Center for the Blind.