The Boston Globe from Boston, Massachusetts • 3

Boston Evening Globe Friday, June 23, 1974 3 tate suesjM school for 'deceptive practices1 The complaint asks thai' the contracts of students -misled lay the institute be nullified-and that the students receive complete refunds. In addition, the suit recommends that ITT Tech be compelled to maintain a permanent and effective job placement service and to pay its salesmen by salary instead of commission. Filed by Quinn's Consumer Protection Division, the suit which requests a preliminary injunction against the school, is scheduled to be Tuesday. Russell L. Carriker, director of the school, which is owned by the International Telephone Telegraph said ITT Tech is a "good school'" and that the corporation will defend it against the suit.

Quinn's complaint alleges that to persuade students to enroll in medical and dental assisting courses the school made the following deceptive statements: would have no; trouble being placed in doctor's of- fices. Medical assisting graduates would be able to take blood, make X-Rays and administer medication as a registered nurse can. medical assisting course was accredited by the American Medical. Assn. Instruction consisted of 20 hours" a week, instead of 12, and there would be a one-month inser-vice training at a hospital or laboratory.

Training facilities would, be' available at Peter Bent Brigham Hospital after the hospital had, in fact, terminated its affiliation with the school. The course instructor was a registered nurse, when, in fact, she jvas a licensed practical nurse. i In addition, the complaint alleges tha the school failed to provide the hearth Classes with basic necessities such as chalk, bandages, microscopes and other equipment and facilities necessary for instruction and stu- dent accommodation. The school's literature suggested that a $100 down payment made by students on enrollment was a registration fee "to defray administrative costs," the suit stated, when in fact the deposit is a salesman's commis- sioh. The complaint says the school violated the state Consumer Protection Act by deceiving prospective students about the availability of courses, causing students to enroll "hastily on the misapprehension that courses would be filled if they delayed." Regarding the school's, architectural engineering and heating refrigeration courses, the suit accused ITT Tech of engaging in deceptive practices by enrolling unqualified -students, failing to provida students with their grades or promise job re- placement help and by misrepresenting the size of classes.

The length of the architectural course was shorter than what the school claimed, and the equipment and contuinity of instruction in the heating-refrigeration course were misrepresented, the suit alleged. The complaint was prepared by Assistant Atty. Gen. Christopher H. Worthington.

Carriker, replying to the allega-. tions, said: "Improvements are continually implemented when problems are brought to the attention of school authorities and others." He said the school had "dealt with student complaints on their merits" and was "working hard to meet the legitimate concerns of its students and state educational officials." In a related development, a pre- Atty. Gen. Robert H. Ouinn sued the largest private trade school in Massachusetts, ITT Technical Institute in Brighton, yesterday, charging ji with victimizing students through, false and deceptive marketing and educational practices.

The civil suit, filed in Suffolk Superior Court, recommends that four of the school's courses medical and dei.tal assisting, architectural engineering technology and heatingair-conditioning be closed unless the school adopts corrective measures. 'S The action is the seventh filed by the attorney general's office under the state's Consumer Protection Law I since the Globe Spotlight Team's in-. vestigation into abuses in the profit-r making vocational school industry. ITT Tech, which offers health assisting, technical and automotive courses to about 1500 students a year, was one subject in the 10-part Spotlight series. II I.

I procKton artillery flattery nrotests removal of chief Hub school board says 411 buses are needed to implement state plan 0 i i CAMP DRUM, N.Y. Members of a Brockton artillery battery battery filed a petition today with the 26th (Yankee) Infantry Division's inspector general protesting tre" removal of their commanding officer Tuesday and citing alleged abuses by the battalion commander who removed him. The petition, sighed by every member of Battery of the Third Battalion, 101st Artillery, began circulating after Capt. Peter Toland of Hyde Park was relieved of command- in the field by Maj. Horace Medeiros of Taunton.

In their petition, the five officers and 58 enlisted men of Battery said removal of Capt. Toland as "the culmination of a series of unwarranted and superfluous directives from the battalion commander hich disregarded necessary battery training and safety precautions." The men charged Capt. Toland had designed an excellent training program, but that Maj. Medeiros had "drastically altered these plans Cresta guilty, closes heist case Last of Brink's thieves jailed 2 ATTY. GEN.

QUINS suit alleges abuses liminary injunction was issued -yesterday in Suffolk. Superior Court forbidding Fashion' Signatures, owner of four modeling schools, from advertising in "help wanted'1 newspaper columns for students and from destroying its records. Garrity yesterday refused two committee substitute proposals to replace the state racial balance plan. The committee had petitioned thst the school system be given the options of either: Delaying the opening of schools until mid-October to allow more time to plan for citywide desegregation as opposed to the limited state plan. Or, phasing in desegregation in two steps in the intermediate and high schools this September and in the elementary schools in September 1975.

Garrity also rejected a petition by the School Committee to halt hearings on the timetable for the balance plan by the Massachusetts Supreme Judicial Court. Garrity, at the first hearing since finding lasi Friday tha Boston schools descriminate against -black children, clarified his orders' on school construction, teacher hiring and assignment, and the definition of "nonwhite" children. In denying the School Committee petitions, the judge said any further delay or new assignments this, summer would "create confusion' or even chaos" for students and, teachers notified of September placements. He set July 9 for the next hearing on motions to intervene by other groups and for detailed changes in the state plan. School Committee John O.

Mirick argued that the Supreme Judicial Court would no longer admit proposed changes, but Garrity' said they would be called "independent orders" or amendments in the Federal case. The Supreme Judicial Court also ser ordered Boston to put the state balance plan into effect in September. Garrity also that he "would halt construction any school in the citys long-range building program "if no soil has been turned," unless that school contributes to desegregation. In rejecting the School Committee petition to suspend the "state plan, he said that "it was the best plan currently available" although he encouraged the drafting of a broader-scaled desegregation' plan "as soon as practicable." meeting with Sargent a week ago, just hours before US District Court Judge W. Arthur Garrity Jr.

handed down his order to, integrate Boston schools through compulsory busing and other means. They returned Monday and -were granted an audience with the governor today. "We hoped to convince-him the responsible act of a leader would be compliance with the courts," said Commission president Rev. Alvan N. Johnson.

"We believe the Supreme Judicial Court will uphold its order to integrate but that may come late in the summer and we hoped to spare the parents of Springfield that confusion and delay." Four hundred and eleven buses will be needed to put the state's school desegregation plan into effect in Boston in September, Justice Francis J. Quirico of the state Supreme Judicial Court was told today. Quirico has the responsibility for insuring that the state plan, which the court ordered implemented, is complied with. Federal Judge W. Arthur Garrity Jr.

incorporated the. same plan into his desegregation order last week. Boston School Committee attorney Stephen H. Olesky said the committee hopes to obtain 200 of the buses from the MBTA and the remainder from private bus companies. This past school year 71 MBTA buses were used to transport to; School, Olesky said.

Asst. Atty. Gen. Walter Mayo representing the state board of education, questioned why, the School Committee has not signed contracts yet with the MBTA for the extra buses. Olesky said signing of -the contracts may depend on whether Judge Garrity authorizes changes in the state plan at his next hearing July 9.

Olesky also said school officials are considering placing a limit on the number of pupils a bus may pick up at any one spot. He said there is concern about a large number of pupils waiting for a bus in one place. On the other hand, Olesky, MBTA and bus company officials would prefer making less stops and picking up larger groups of students at each stop. Olesky said the School Committee has requested a $9.9 million appropriation from the mayor and City Council to fund the busing program, but the final figure may be higher. Quirico said he saw no immediate conflict between Garrity's ruling and the Supreme Judicial Court order for implementation of the state busing plan, although ultimately Garrity may "require more than what is required by the state plan," Quirico said.

If the school board delayed complying with the state plan in hopes that it would be changed by Garrity, the committee would do so "at its peril," Quirico said. He scheduled another progress report July 12. srjl lj -I I -r. tj -rI A pa. By Alan H.

Sheehan Globe Staff Philip J. Cresta 46, formerly of Medford, today was convicted of armed robbery charges for his participation in the half-million dollar Brink's armored truck holdup in 1968 and was sentenced to Walpole State Prison for 25 to 40 years. A Suffolk Superior Court jury of 11 men and one woman deliberated for an hour before returning its guilty verdict against Cresta, who had been a fugitive for almost five years before his arrest by FBI agents in Chicago on March 1, 1974. Cresta's eight-day trial before Judge James C. Roy brings to an end the prosecution of nine men who were, indicted for involvement in the notorious robbery on Canal street, near North Station on Dec.

28, 1968. I by instituting poorly planned, repi-titious and ineffective motor marches (trips in vehicles)." "The ensuing conflict between the two commanders resulted in the impulsive removal of Capt. Toland from his position as battery commander," they said. The petition praised Capt. Toland as a leader, describing him as one of the few officers the battalion with extensive training in the Honest John rocket, which the unit fires.

It cited the "unchallenged level of proficiency in high morale" they said had been achieved in the past and said results of the present battalion leadership has been "a steady decline in morale, the resignation of two battery commanders and general apathy throughout the unit." Capt. Donald A. Consulmagno, acting division information officer, said the complaint has not yet been brought officially to his and he added tie, promised to look into the matter. In two other separate trials, four others, Stephen Koukous, Charles Dominico, Rocco Novello and Car-1 mello Merlino were convicted, and received long state prison sentences. Two others, Kelley and Warren Der Leary pleaded guilty to conspiracy to commit armed robbery.

They are awaiting sentences. One defendant, Cresta, was found innocent. In the Cresta trial, as in the two previous trials, John J. (Red) Kelley, 60, formerly of Watertown, was the key witness called by Asst. Dist.

Atty. James Sullivan, who served as prosecutor for all three trials. Kelley, whose snow-white thinning hair contradicts his nickname, identified Cresta as one of the actual seven-man holdup gang which planned the spectacular heist for almost a year before it reached fruition three days after Christmas. '4 if 1 i if 1 MAYOR WHITE cites student leaders One group which will play an important role, and which will have a "full partnership" in it are the "student leaders themselves." "If any one factor will make a difference, it is the student leadership," White said. He asked the' businessmen "to give them the opportunity and the tools to do it with." As for himself, WTiite said, "the most fatal error of good leadership i White has 'no doubt' imbalance buses 1 Stark but pragmatic meeting house II SUPT.

LEARY "planning all along" is having a rigid battle plan for an uncertain terrain but a firm commitment is there. I intend to provide leadership to the fullest extent my administration is permitted." However, White said the leadership essentially must be in the hands of the School Committee and Supt. William Leary. He said he would "do all I can to support their leadership, whenever and however I can." Boston, he said, "has the capacity to meet the test in September." 1 in Hortonville, Vt. (Ted Dully photo) will roll "I'm convinced we will get through," he added.

Supt. Leary, who also spoke at the seminar, said Boston "has been planning all along" in the event the state's racial imbalance plan would be in effect. As a result, the city will be ready to implement the plan in September, he said. He told the businessmen, "With your help I know we will be successful." Thomas Legore, a vice president of the First National Bank of Boston, urged the School Committee to turn out "better products" from, their schools. Later, School Committeewoman Kathleen Sullivan, said the students coming from the city's schools should not be described as "products" but as "human and said businessmen should not look at their new employees as "products." Miss Sullivan urged individual committments by the various businesses, a "one business and one school concept" and then "see where we can go from there." During the seminar, Philip H.

Peters, president of the Greater Boston Chamber of Commerce, announced the formation of a Tri-Lateral Task Force to deal both with "the short-term question of desegregation and with the long-range issue of quality education in the Boston schools." Black ministers plan to oppose Sargent on Springfield schools By Robert A. Jordan Globe Staff ftiayor Kevin White said yesterday that he now has "no doubt" that the buses' required to thie state's racial imbalance plan Vill be rolling this fall. White said he was sure -f this after Judge W. Arthur Garrity statement at a court hearing yesterday that even if the School Committee's appeal process goes forward, the court's recent order to implement the state's racial imbalance plan will be, carried out. Judge Garrity, White said, made' it "abundantly clear" that busing "will be a reality in Septem-ber." White made his remarks before a "Special Orientation Seminar" at the State Street Bank.

Sponsored by the Greater Boston Chamber of Commerce and the local office of the National Alliance of Businessmen, the seminar was to help find ways of involving the business community in short-term and long-range problems affecting the Boston schools. Tka business community, White i said, could help toward peaceful implementation of Judge Garrity's i desegregation order by providing financial assistance to neighborhood groups which are working toward i a stable situation in the fail. Fifteen ministers from the Black Ecumenical Commission met with Gov. Francis W. Sargent at the State House this afternoon and were told he would not compromise on his voluntary approach to integrating Springfield schools.

The ministers then announced from the State House steps the launching of a statewide pulpit campaign to keep "good thinking blacks" from voting for the governor's reelection in November. The Ecumenical Commission represents 75,000 black church members throughout the Commonwealth. The ministers had demanded a.