Tuesday, October 30, 2012

Joint Commission on Public Ethics: first the "joint"; ethics, an afterthought

Assistant Attorney General Mike Neppl's October 24, 2012 letter to Ellen Biben Executive Director of the NYS Joint Commission on Public Ethics indicates correspondence I'd sent fell under her agency's jurisdiction. It was forwarded by the Office of the Attorney General for her "review and whatever action you deem appropriate." Does that mean JCOPE should feel free to disregard it as it had already been disregarded since September 23, 2012 (and since however long the pages have read that way)?
Would you be able to contact JCOPE and get them to fix "the 'Little Hatch Act' (Civil Rights Law §107)" to "the 'Little Hatch Act' (Civil Service Law §107)" on each of the three following webpages?

http://www.jcope.ny.gov/complaint/tipsandcomplaints.html

http://www.jcope.ny.gov/complaint/complaintguidelines.html (it's wrong twice on the guidelines page)

http://www.jcope.ny.gov/about/jurisdiction.html

I contacted helpdesk@jcope.ny.gov on September 23, 2012 but they never responded and the pages haven't been fixed yet. Nobody likes a busybody, I know, but still: it really does need to be fixed *sometime*. Aside from the information being wrong, the Civil Rights Law doesn't even go up as high as §107.

This second question doesn't concern any members of JCOPE, but If there are NYS employees who did not make oaths of office for some or all of the state offices in which they were or are currently employed, what would N.Y. CIV. SERV. LAW §62, N.Y. EDUC. LAW §3002, and/or N.Y. CONST. Art. 13, §1 require being done? Or are those essentially toothless requirements?

I do have to give credit to the AG for a couple things though: automated acknowledgements are sent when anything's submitted to the AG's office, and that's a good thing. The NYS Inspector General is a black hole by comparison: submit something, and you may never subsequently hear a peep about it, and you don't even have anything to indicate you'd ever submitted it.

The AG also is pretty good about eventually sending a letter through the U.S. Mail indicating that they've referred the matter elsewhere. One would wish the AG would handle it rather than passing the buck, but it's better than nothing.

Presumably JCOPE received the AG's letter closer to October 24, 2012 than I received the cc'd letter (October 30, 2012 - that's a long delivery time for something within the county), but even if they didn't - how long should it take to change "Rights" to "Service" four times total across just three pages? It might take me all of a minute.

My comment that "it really does need to be fixed *sometime*" probably isn't really true. It really doesn't ever need to be fixed, because the public is both apathetic and ignorant and thus the government can do as it pleases. They might as well cite the "'Big Cookie Batch' (Monster Cookbook § 107)"; nobody would notice or care except people such as myself, who are easily disregarded.

One definition of big government is that regardless of the government's size, the individual is treated as small in relation to it. That's very much been the case here.

Thursday, October 25, 2012

Student werewolves

"As one effectively and efficiently radicalized student at the University at Albany put it last January, 'A lot of people who are supposed to be protecting us aren’t doing that. So unless we turn a little wolfish on them, they’ll just eat the sheep.'"

Steffen, Heather. "How to Radicalize Graduate Students." Academe Online 97(4). July-August 2011. http://www.aaup.org/AAUP/pubsres/academe/2011/JA/feat/stef.htm

"University at Albany President, George Philip says the school shares students' concerns but offers no consolation prize.

"'We appreciate their commitment to preserving access to a quality public higher education and their desire to move the University forward in a positive direction,' said Philip."

Vannella, Erin. "UAlbany students demand fiscal responsibility." YNN, Your News Now. http://saratoga-north.ynn.com/content/video_stories/531469/ualbany-students-demand-fiscal-responsibility/?ap=1&MP4

I don't think he appreciates students' "commitment to preserving access to a quality public higher education and their desire to move the University forward in a positive direction" all that much. But "no consolation prize" for attending UAlbany: that's about right.

"a prize given to a competitor who just fails to win or who has come last"

"consolation prize". Oxford Dictionaries. April 2010. Oxford University Press. 26 October 2012 oxforddictionaries.com/definition/english/consolation%2Bprize?q=consolation+prize

No Business

I'd be surprised if Business Administration is a rigorous major:

The Internet search:

business "princeton review" site:albany.edu

returns a number of albany.edu webpages where the School of Business uses the Princeton Review as an authoritative source. E.g.

"'This national ranking in Princeton Review reflects our growing prominence in teaching and research,' said School of Business Dean Don Siegel. 'More importantly, it signifies our commitment to providing students with the strong foundation they need to succeed in today's competitive business environment.'"

"The Princeton Review Ranks UAlbany's School of Business Among Top 15 Graduate Schools Most Highly Rated By Students." University at Albany. April 27, 2009. http://www.albany.edu/news/release_6095.php

"Princeton Review Names UAlbany MBA #3 for Women

"The University at Albany MBA has once again been named one of the Top Ten MBA programs with the Greatest Opportunity for Women by the Princeton Review, ranking the program as #3 in the 2012 edition of Best 301 Business Schools. The school has been rated in the top ten for the past 4 years."

"Princeton Review Ranks UAlbany MBA in Top 15

"The Princeton Review Student Opinion Honors for Business Schools found that the UAlbany MBA ranks with Harvard, Dartmouth and Stanford in the general management category. Over 19,000 student surveys were used to identify the 15 top business schools in accounting, finance, general management, global management, marketing and operations. UAlbany was the only SUNY school named in any category."

"Awards and Honors for the School of Business" http://www.albany.edu/business/school-of-business-awards.php

The right sidebar for the above page actually links itself as "Princeton Review Honors" rather than merely "Honors" (honors from the U.S. Small Business Administration and the Society for Human Resource Management also appear on the page).

The School of Business is perhaps not well acquainted with the Princeton Review, which is not affiliated with Princeton University:

"If this [Princeton Review] were a term paper, it would get an 'F' in methodology," university spokeswoman Lisa James-Goldsberry said in a statement. "The rankings are not to be taken seriously and are certainly not reflective of the serious, hardworking students at Albany."

"Albany has nation's top party school." Chicago Tribune. August 17, 2004. http://articles.chicagotribune.com/2004-08-17/news/0408170400_1_princeton-review-students-albany

"so many of us share dismay and disappointment with the published results of the cursory, unscientific surveys conducted for the Princeton Review college guide […] we will be working as a community to counter the misleading picture presented by the Princeton Review"

Ryan, John R. "Letter from Interim President Ryan on Princeton Review." August 20, 2004. http://www.albany.edu/main/announcement/jrr082004.htm

The Princeton Review got the last laugh, looks like.

The School of Business also uses ratemyprofessors.com as an authoritative source:

"Accounting and Law professor Rated 5th in the Nation on Ratemyprofessors.com Accounting and Law professor Paul Morgan Jr. is 'five in a million.' The adjunct has been rated 5th in the country from a group of over one million faculty on RateMyProfessors.com second annual top ten list of Top-Rated Professors."

"Awards for School of Business Faculty." University at Albany. http://www.albany.edu/business/school-of-business-faculty-awards.php

Paul Morgan, Jr.'s page there: http://www.ratemyprofessors.com/ShowRatings.jsp?tid=125645. It has cogent reviews like:

"Morgan is a Manimal hands down best professor at UA! So easy to get his concepts and he hilarious. He holds review sessions the class before the test and he gives you every little thing that will be on there! Hard to fail, I'm a B level student and i got an A! Take it! best experience I've had here"

and

"amazing. easily the most entertaining class you will ever sit in and you will learn more than you realize. you get morgan lol.. he's a great teacher and truly cares about his students. tests are hard but theres a curve, don't be lazy, open your notebook for one hour (thats it!) and you will get an A without a doubt".

Ratings are anonymous and can be done by anyone, even people who've never taken one of Morgan's classes, even people who aren't University at Albany students. Negative ratings can be reported and deleted, and it's not at all clear who at the website oversees that process. I tend to believe the two quoted above could be real, though.

If one takes the time to look at the copyright notice on ratemyprofessors.com, it reads "RateMyProfessors.com, LLC. Powered by mtvU and MTV NETWORKS."

Does MTV strike anyone as particularly academic? mtvU and MTV Networks are part of Viacom http://www.viacom.com/ourbrands/medianetworks/mtvnetworks/pages/default.aspx; Viacom is largely held by National Amusements, Inc. http://www.showcasecinemas.com/about-us

I think ratemyprofessors.com would get an "F" in methodology too. Not at UA, though, where an "F" is called an "E" for some reason or another.

Paraphrasing the Dead Kennedys (only slightly!):

You've turned university education

Into Pat Boone sedation

Making sure nothing's left to the imagination

M.T.V. Get off the

M.T.V. Get off the

M.T.V. Get off the air

Get off the air

The lowest common denominator rules

Forget honesty

Forget creativity

The dumbest buy the mostest

That's the name of the game

Dead Kennedys. "M.T.V.-Get Off the Air." Frankenchrist. Alternative Tentacles, 1985.

Athletes cluster(f)ing academics

Student-Athlete clustering in Communication, Business Administration, Sociology and other restricted majors

Academically unprepared athletes tend to cluster in certain "less rigorous majors" and areas.

College with highest clustering in 2010:

• College of Arts and Sciences

Major with highest clustering in 2010:

• Business Administration.

"Professor Teresa Harrison, Faculty Representative and Chair of the Intercollegiate Athletics Advisory Board […] reviewed the distribution of athletes in all of the university's majors. The percentages are highest in the College of Arts and Sciences with the most popular major being Business Administration. […] Vice President [Lee] McElroy indicated that some student athletes, who may not be prepared academically, such as students of color, may be looking for less rigorous majors and there may be a tendency for clustering in certain academic areas."

University Senate Executive Committee, Monday; April 26, 2010 3:30-5:00 PM, http://www.albany.edu/04-26-10_SEC_Minutes_(rmr).doc

Majors with highest clustering in 2011:

• Business Administration.

• Communication

• Sociology

"Professor Harrison reviewed the percentages of student-athletes in each school […] The three most popular majors are Business Administration, Communication and Sociology. Faculty members have in the past expressed concern about some teams clustering in certain majors but the data does not support this view."

University Senate Executive Committee, Monday, February 28, 2011 3:30 PM, http://www.albany.edu/2-28-2011_SEC_Minutes.doc

Majors with highest clustering in 2011-2012:

• Restricted majors

"Dr. Harrison explained her role as Faculty Athletics Representative […] She noted that we have a significant number of student athletes enrolled in restricted majors."

2011-2012 University Senate. Monday, April 2, 2012 2:45 pm, http://www.albany.edu/senate/images/4-2-12_Minutes_REVISED(1).doc

I'd be surprised if the clustering were across *all* restricted majors. Mathematics, for example? That would be fairly shocking.

"Currently, admission to the following majors is restricted: accounting, business administration, criminal justice, economics, mathematics, psychology, rhetoric and communication, social welfare, and sociology."

"Majors - University at Albany-SUNY." http://www.albany.edu/undergraduate_bulletin/majors.html

Business Administration, Communication, and Sociology are restricted majors, and familiar ones from 2010 and 2011.

No mention of clustering in minors, but that would be worthwhile to review.

Tuesday, October 23, 2012

Crushing students' free speech: 1935-36

Director Sidney Lanfield's film Red Salute (1935) http://www.imdb.com/title/tt0026919/fullcredits starring Barbara Stanwyck and Robert Young is not a film that's likely to make anyone's Top 10, but just possibly it deserves to be remembered.

"One of the complications of the story, which Hearst's newspaper characterized as 'merry,' involved the girl's father working in cahoots with an immigration official to remove the radical student from the campus by trumping up a false charge against him of inciting a riot."

Pizzitola, Louis. Hearst Over Hollywood: Power, Passion, and Propaganda in the Movies. NY: Columbia University Press, 2002. 337.

Police very kindly arrested students protesting the film. Excepts from articles below:

"Eleven youths and seven girls were arrested on charged of unlawful assembly last evening when the police broke up a picket line of thirty students and unemployed persons protesting against 'Red Salute,' [...] Several thousand persons jammed the sidewalks and overflowed into the street, causing a traffic jam as a score of patrolmen and detectives and an emergency squad charged the pickets. [...] The police charged that those seized had obstructed pedestrian traffic, had refused to move on and had interfered with persons desiring to enter the theatre. The charge is a misdemeanor that carries punishment ranging from six months to two years in jail if they are found guilty.

"The mass picketing, which began and ended abruptly shortly after 5 P. M., was the second protest against the motion picture yesterday. In mid afternoon two men in the audience hissed and booed the picture so vociferously that the management summoned the police.

"Patrolman Charles Huber placed them under arrest on a charge of disorderly conduct, asserting that they had refused to leave the theatre and had resisted him. The prisoners said they were George Edwards, 21 years old, of 16 Bank Street, and Joseph Lash, 25, of the same address, who is executive secretary of the Student League for Industrial Democracy and editor of The Student Outloook."

"18 Assailing Film Seized at Rivoli; 11 Boys and 7 Girls Arrested After They Snarl Broadway Traffic by Mass Picketing." N.Y. Times. September 29, 1935: 24.

"The students, who ranged in age from 16 to 21 years, are members of the National Student League and the Student League for Industrial Democracy.

"According to the police, the three ringleaders, all of whom were arrested on the charge of unlawful assembly, were George Watt, 21 years old, of 857 Broadway, president of the National Student League; Robert Joseph, 20, of 12 East Nineteenth Street, and James Wechsler, 19, of Charles Street, former editor of The Columbia Spectator, daily newspaper of Columbia College.

"At 8 o'clock, the students, who were attending a meeting of the two leagues in the Union M. E. Church, 229 West Forty-eighth Street, left their meeting and marched toward the theatre. They were met by the police who warned them that they were only allowed two pickets in front of the theatre."

"125 Students Seized Picketing a Movie; Arrested as They Protest Film at Rivoli Theatre—Traffic on Broadway Tied Up." N.Y. Times. October 5, 1935: 8.

Sennwald, Andre. "On the Anatomy of Americanism; 'Red Salute' Suggests That in the Cinema It Is Well to Be Wary Of the Film That Doth Protest Too Much." N.Y. Times. October 6, 1935: 159. http://movies.nytimes.com/movie/review?res=9F0CE4DF1F3DE53ABC4850DFBF66838E629EDE

"Police arrested sixteen young men and three young women tonight, ten of whom said they were delegates to the Congress of the American League Against War and Fascism, in breaking up mass picketing [...] The picture had incurred the opposition of liberal and radical organizations. Hand bills being distributed were signed 'The Young Circle of America' and 'The Young People's Socialist League.'

"In an address at today's session of the anti-war Congress, the Rev. Dr. Harry F. Ward of the Union Theological Seminary of New York criticized the Chamber of Commerce, the Liberty League and the Hearst press.

"'The real Fascists are mobilizing,' Dr. Ward said. "He said that the only way fascism could be 'stopped from coming to power in this country is to unite all those who, for any reason whatever, are willing to defend the democratic process before the forces of reaction can consolidate their power."

"19 Anti-War Pickets Jailed in Cleveland; Police Arrest 16 Youths, 3 Girls Outside Thetre—Dr. H.F. Ward Tells League of Fascists Here." N.Y. Times. January 5, 1936: 31.

The Truth, Hearst

"Hearst in War, Hearst in Peace, Hearst in Every News Release,

Spreads His Filth and Desolation to Increase His Circulation."

Anti-Hearst Examiner. August 1935. (quoted in Pizzitola, Louis. Hearst Over Hollywood: Power, Passion, and Propaganda in the Movies. NY: Columbia University Press, 2002. 347.)

People, myself included, don't know as much about history as they should. I knew William Randolph Hearst had not been an admirable man, and had seen Citizen Kane of course. However, I don't think I'd ever heard about his anti-academic actions, such as his red-baiting of university professors.

The following resolution had passed unanimously in 1936 by the American Federation of Teachers.

WHEREAS, William Randolph Hearst, through his control of numerous agencies of communication, such as newspapers, magazines, movies, newsreels and radio, has attempted to pollute the mind of the American people through distortion of facts on all vital matters to such a degree that Senator Norris was led to characterize Hearst papers as 'the sewer system of American journalism'; and

WHEREAS, He is an avowed foe of the Child Labor Amendment, and is one of the biggest employers of child labor; and

WHEREAS, He has been a constant enemy of academic freedom and of honesty and courageous teachers, and has been a motivating force in loyalty oath legislation and red riders; and

WHEREAS, He is the bitter enemy of trade union principles, and has throughout his career, both as editor and employer, fought all efforts of workers to better their conditions, and has conducted such vicious campaigns to malign and cripple trade union efforts that he was denounced publicly by the late Samuel Gompers, President of the American Federation of Labor; and

WHEREAS, He is the chief proponent of fascism in this country, as evidence by his campaigns against free speech, his soft pedaling of the Black Legion crimes, his expressed and open admiration of Hitler and Mussolini and their policies, and his use of all the resources at his command for the dissemination of fascist propaganda; and

WHEREAS, He is the outstanding jingoist of the country and has used his powerful resources in attempts to entangle this country in imperialistic wars; therefore be it

Resolved, That the American Federation of Teachers set up a central Anti-Hearst Committee and recommend to each local to set up anti-Hearst committees, the purpose of which shall be:

(1) To organize a boycott against Hearst newspapers and newsreels and all other agencies of communication under his control;

(2) To cooperate with the American Newspaper Guild in its anti-Hearst activities;

(3) To build up sentiment among its members to repudiate all candidates whose principles and programs are those of Hearst;

(4) To cooperate with all anti-Hearst organizations in the community. (Adopted)

Report of the Proceedings of the Twentieth Annual Convention of the American Federation of Teachers. 1936.

The resolution made the news, naturally (perhaps not in Hearst publications, though?):

"Teachers Demand Boycott of Hearst; Federation Resolution Assails Him as 'Jingoist' and Chief 'Proponent of Fascism.'" N.Y. Times. August 22, 1936: 5.

"In the course of the past fifty years I have talked with presidents of the United States, senators, justices of the Supreme Court, members of the House of Representatives, governors, mayors, bankers, editors, college presidents (including that great scholar and thinker, Charles W. Eliot), leading men of science, Nobel Prize winners in science and letters, and I have never found one single person who for talents and character commands the respect of the American people, who has not agreed with me that William Randolph Hearst has pandered to depraved tastes and has been an enemy of everything that is noblest and best in our American tradition.... There is not a cesspool of vice and crime which Hearst has not raked and exploited for money-making purposes.... Unless those who represent American scholarship, science, and the right of a free people to discuss public questions freely stand together against his insidious influences he will assassinate them individually by every method known to yellow journalism."
Historian Charles Austin Beard to members of the National Educational Association February 22, 1935.

Seemingly universities themselves don't remember the history of the man. See, e.g.:

"New Center at Saint Rose Named 'William Randolph Hearst Center for Communications and Interactive Media." September 26, 2011. College of Saint Rose. http://www.strose.edu/about_saint_rose/centerforcommunicationsandinteractivemedia/article4832

Why name it for that man and not someone else in the family?

Sunday, October 21, 2012

Committees are very good at getting nothing done

Graduate Student Ombuds Office http://www.albany.edu/gradstudies/gradstudent_ombuds.php

There's an ombudspersons' office, of sorts, for graduate students. One was approved for undergraduate students, yet never materialized.

• November 21, 2005 University Senate http://www.albany.edu/senate/images/Min112105rev.doc

• December 19, 2005 Undergraduate Academic Council http://www.albany.edu/senate/images/12-19-05_UAC_minutes.doc

• February 6, 2006 Undergraduate Academic Council “Other Business” http://www.albany.edu/senate/images/2-6-06_minutes.doc

• September 21, 2006 University Policy and Planning Council http://www.albany.edu/senate/images/UPCMinutes9-21-06-FINAL_(2).doc

• September 25, 2006 University Senate http://www.albany.edu/senate/images/9-25-06_1stDRAFT_DDRC_Senate_Minutes.doc

• October 11, 2006 Undergraduate Academic Council “Undergraduate Ombuds Office Proposal” http://www.albany.edu/senate/images/UAC_10-11-06_minutes(1).doc

• October 23, 2006 University Senate http://www.albany.edu/senate/images/10-23-06__Senate_Meeting_(2)RCSHDD.doc

• October 24, 2006 University Policy and Planning Council http://www.albany.edu/senate/images/UPCMin102406REV.doc

• November 8, 2006 Undergraduate Academic Council http://www.albany.edu/senate/images/UAC_11-8-06_minutes.doc

• November 13, 2006 University Senate Executive Committee http://www.albany.edu/11-13-06_Senate_Executive_Committee_SHDDRC.doc

• November 20, 2006 University Life Council http://www.albany.edu/ULC_11_20_06_Minutes.doc

• November 27, 2006 University Senate http://www.albany.edu/senate/images/11-27-06_Senate_MinutesRCSH.doc

• November 30, 2006 University Policy and Planning Council http://www.albany.edu/senate/images/UPC_Minutes113006D2-REV_(2).doc

• December 4, 2006 University Senate Executive Committee http://www.albany.edu/12-4-06_Senate_Executive_Committee_DMDRCSH.doc

• December 18, 2006 University Senate http://www.albany.edu/senate/images/12-18-06_Senate_Agenda(1).doc

• December 18, 2006 University Senate http://www.albany.edu/senate/images/12-18-06_Senate_MINUTES_RCDDSH.doc

As the text of the following bill indicates, the Ombudsperson would not have been terribly likely to be effective:

IT IS HEREBY PROPOSED: [...]

2. That the Undergraduate Ombuds Office is to act as an informal, independent, confidential, and non-partisan counsel to undergraduate students on matters related to university experiences [...]

5. That the Ombudspersons be tenured or emeriti members of the faculty.

6. That an Undergraduate Ombuds Committee be created to provide counsel to the ombudspersons. Members will include the Provost (or designee), Chair of the Senate (or designee), ULC Chair, Vice Provost for Undergraduate Education, Vice President for Student Success, University Counsel, Affirmative Action Officer, two faculty members appointed by the ULC, one member of the professional staff appointed by the ULC, and two undergraduate students appointed by the undergraduate Student Association.

7. That the Ombudspersons report to the University Provost. The Provost (or designee) will appoint the Ombudspersons for a two-year term in consultation with the Vice Provost for Undergraduate Education, the Vice President for Student Success, and the University Senate Chair, subject to ratification by the Undergraduate Ombuds Committee.

With the Ombuds being faculty; the Ombuds Committee being mostly university administrators, the Provost appointing the Ombuds, and the Ombuds reporting to the Provost - that's not all that "independent" and not all that likely to result in "non-partisan" service to undergraduate students.

• December 18, 2006 Establishment of an Ombuds Office for Undergraduates Senate Bill No. 0607-04 http://www.albany.edu/0607-04_-_U-GOmbudsRev2_(4).doc

• December 20, 2006 University Policy and Planning Council “Chair’s Report Senate meeting items” http://www.albany.edu/senate/images/UPCMin12_20_06D2.doc

• March 5, 2007 Graduate Academic Council http://www.albany.edu/GAC_Minutes_3_5_07.doc

• October 22, 2007 University Senate http://www.albany.edu/senate/images/Senate_10-22-07.doc

• September 14, 2009 University Senate Executive Committee “Old Business” http://www.albany.edu/09-14-2009_SEC_Agenda.doc

• September 16, 2009 CAS Faculty Council Meeting http://www.albany.edu/casfc/CAS_Faculty_Council_Minutes_09_10.pdf

• September 29, 2009 University Life Council http://www.albany.edu/ULC_-_Sept_29.docx

• October 6, 2009 University Life Council “Ombuds Research” http://www.albany.edu/senate/images/Minutes_-_10-6-09.doc

• October 19, 2009 University Senate http://www.albany.edu/senate/images/10-19-09_Minutes_(RMR).doc

• December 14, 2009 University Senate “Academic Affairs Report” http://www.albany.edu/senate/images/12-14-09_Minutes_(rmr2).doc

Friday, October 19, 2012

Commandant Eric Lassard wouldn't've stood for this

Suppose you don't like the name of your school, or what you studied: why not just change it?
"He graduated from the S.U.N.Y. University Police Academy in April 1989 with highest academic honors" [emphasis added].

http://police.albany.edu/Member2.asp?LName=Berger&FName=Paul

SUNY didn't have full police in 1989; they had peace officers which then changed to full police officers in 1999 by act of NYS legislature. The bio used to state:

"He graduated from the S.U.N.Y. Public Safety Academy in April 1989 with highest academic honors" [emphasis added].

http://web.archive.org/web/20000712215006/http://police.albany.edu/staff2.html

His bio changed from "S.U.N.Y. Public Safety Academy" sometime between March 8, 2001 http://web.archive.org/web/20010308180829/http://police.albany.edu/staff2.html (where it still states "Public Safety Academy") and June 30, 2002 (where it states "S.U.N.Y. University Police Academy") http://web.archive.org/web/20020630134103/http://police.albany.edu/staff2.html

They seem to be two different things. See N.Y. CRIM. PROC. LAW §2.10 for "persons designated as peace officers"; N.Y. CRIM. PROC. LAW §1.20 (34) for persons designated as police officers. Specifically, N.Y. CRIM. PROC. LAW §1.20 (34) (s) identifies a "university police officer appointed by the state university pursuant to paragraph 1 of subdivision two of section three hundred fifty-five of the education law."

N.Y. EDUC. LAW § 355 (2) (l) states:

[The state university trustees are further authorized and empowered, subject to the provisions of the plan or general revisions thereof proposed by the state university trustees as approved by the regents pursuant to section two hundred thirty-seven of this chapter:] To appoint university police officers who shall have the powers of police officers and to remove such police officers at pleasure; provided, however, that any person appointed a police officer must have satisfactorily completed or complete within one year of the date of his appointment a course of law enforcement training approved by the municipal police training council in consultation with the university. It shall be the duty of such police officers to preserve law and order on the campuses and other property of the university, including any portion of a public highway which crosses or abuts such property.

Subject to the approval of the chancellor, the president of each state-operated campus of the state university shall enter into a written agreement with adjoining law enforcement agencies establishing protocols for the exercise of authority by such university police officer off-campus, including mutual aid and assistance. Such written protocols shall not be deemed to supersede the authority of other police officers. The provisions of this paragraph shall not apply to any of the state institutions and property referred to in section five thousand seven hundred nine of this chapter [pertaining to "special deputy sheriffs" at Cornell University].

So why not just change it? Well, it seems like it might not be precisely legal...

N.Y. EDUC. LAW § 224 (4) No diploma or degree shall be conferred in this state except by a regularly organized institution of learning meeting all requirements of law and of the university, nor shall any person, with intent to deceive, falsely represent himself to have received any such degree or credential [...] Counterfeiting or falsely or without authority making or altering in a material respect any such credential issued under seal shall be a felony; any other violation of this section shall be a misdemeanor; and any person who aids or abets another, or advertises or offers himself to violate the provisions of this section, shall be liable to the same penalties. [emphasis added]

Fake IDs: would it take having one to know one?

Wednesday, October 17, 2012

Saint Supplanter, the Heel

Former UAlbany Provost Carlos Santiago's role in the Louis Roberts plagiarism scandal remains unexplained:
"I contacted Professor Paul Wallace in Classics, whom Schabel had informed of Roberts' thefts in December 2000. Professor Wallace confirmed that he himself had verified Schabel's evidence and had brought it to the attention of Vice President Carlos Santiago in January 2001. There was a meeting between Wallace, Roberts, and Santiago soon after; but nothing of signficance that I know of has happened since. I myself telephoned Vice President Santiago after returning, but he had nothing to add to what Professor Wallace had already told me."

Monfasani, John. "The Case of Louis Roberts." History News Network. July 8, 2002. http://hnn.us/articles/588.html

Even then, questions remained:

"In disregard of explicit "Inquiry Requirements" published in the Faculty Handbook, the inquiry in the L. Roberts plagiarism case was conducted in early 2001 by Provost Santiago, who made all the critical decisions, and not by the Vice President for Research; no efforts were made to avoid real or potential conflicts of interest during the inquiry; and there was no written report of the inquiry. There is widespread agreement that this mishandling of the inquiry substantially contributed to subsequent problems with this case. Details have been widely discussed at the April 24, 2002, Faculty Forum, at which time the administration admitted that errors had been made.

"The inconsistencies between President Hitchcock's letter to the University at Albany faculty of March 5, 2002, and the admitted errors made in the inquiry, have not been addressed.

"Other questions concerning the administration's statements and actions after the L. Roberts case became public in winter 2002 remain unanswered. (See, e.g., the letter of April 11, 2002, to President Hitchcock by concerned faculty, and the memorandum to the Albany University Community distributed at the Spring Faculty Meeting of May 8, 2002.)"

"Resolution 0203-1R For discussion at the 9/30/2002 Senate meeting. Introduced by Professors Sung Bok Kim, Sophie Lubensky, and R. Michael Range." University at Albany. http://www.albany.edu/resolution_0203-1R.htm

Carlos Santiago eventually left UAlbany for the University of Wisconsin-Milwaukee (UWM).

Stratton, Brad. "Real-life collaborative experiences guide Chancellor Santiago forward." UWM Today 7(2). Summer 2005: 8-12. http://www4.uwm.edu/news/publications/uwm_today/upload/V7_N2.pdf

Santiago was replacing Nancy Zimpher at UWM to become its next Chancellor.

Hansen, Peter. "Impressive record of results; UWM chancellor well qualified to organize education reform effort." Research Profile 23(1). Spring 2001. http://graduateschool.uwm.edu/research/spectrum/snapshots/archives/research-profile/Archive/Vol23No1/zimpher.html

"Past Chancellors." University of Wisconsin-Milwaukee. http://www4.uwm.edu/chancellor/past-chancellors.cfm

Zimpher was leaving UWM to become SUNY Chancellor:

When working on the book, "A Time for Boldness," Nancy Zimpher prepared an imaginary, tongue-in-cheek advertisement that might have been used to recruit her as chancellor of the University of Wisconsin-Milwaukee in 1998.

The ad would have read something like this: "Wanted: A leader for an institution that is experiencing a sense of invisibility and mission drift."

Her purpose in writing the fake ad was to point out that UWM was "a little adrift in who we were and what our purpose in life was," said Zimpher, who co-authored the 2002 book, a partial history of UWM, with Stephen Percy, director of UWM’s Center for Urban Initiatives, and Mary Jane Brukardt, a former senior writer at UWM. [...]

"The Milwaukee Idea has really allowed the university to pay more attention to building its research capacity, which I understand is a high priority of (current UWM chancellor) Carlos Santiago,” Zimpher said in a recent telephone interview from her Cincinnati office.

"It’s about building blocks," she said. "You have layer upon layer of work to build a university, and I like to feel like I was a building block from (former UWM chancellor) John Schroeder to Carlos Santiago."

Santiago agrees. As chancellor, Zimpher raised UWM’s profile to lay the foundation for the initiatives he is pursuing on campus today.

"It made my job easier because when I began talking about the key role UWM plays in regional economic development, people already had a sense of who we are, and the great potential that exists on our campus," Santiago said."

[...] her enthusiasm was infectious, a definite change from Milwaukee’s typically conservative — and male — community leadership at the time, said Milwaukee public relations executive H. Carl Mueller.

'She turned everyone’s heads and people were enthusiastic about the possibilities,' said Mueller, one of two UWM alumni to serve on the chancellor search committee that hired Zimpher. 'She encouraged bold, audacious ideas. ‘Don’t think small; I want to hear bold ideas,’ she would say. They didn’t hear a lot of that in old, conservative Milwaukee.”

The foundation that Zimpher helped set has since led to big changes and growth under Santiago’s tenure, such as the establishment of two new schools — public health and freshwater resources — the first new schools approved for UWM in more than 30 years, 'a huge achievement,' Mueller said.

Sneider, Julie. "Zimpher helped build new UWM vision." The Business Journal. August 10, 2008. http://www.bizjournals.com/milwaukee/stories/2008/08/11/story10.html?page=all

Big, bold, new, audacious, anti-conservative, infectious solutions to mission drift? The problem of mission drift is a problem of new radical changes infecting old conservative university values (academic values, not necessarily political ones). Those solutions are seemingly the opposite of what was needed.

In 2012, with his UWM predecessor Zimpher at the head of SUNY, Carlos Santiago was inexplicably short-listed to become President of the University at Albany, in spite of those remaining questions about his handling of the Louis Roberts plagiarism scandal.

"The current list of finalists includes Robert Palazzo, former Rensselaer Polytechnic Institute provost; Carlos Santiago, chief executive officer of the Hispanic College Fund and a former UAlbany provost; John Roberts, dean of University of Houston's College of Liberal Arts and Social Sciences; Valeria Hardcastle, dean of the McMicken College of Arts and Sciences at the University of Cincinnati; Carlo Montemagno, dean of the College of Engineering and Applied Science at the University of Cincinnati; and Steve Ballard, chancellor of East Carolina University."

Waldman, Scott. "UAlbany position finalists dwindle; Six candidates for president remain after three withdraw." Albany Times Union. July 31, 2012: A3. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=19362498

Monday, October 15, 2012

galling memorial disservice

"Wendy Knoebel had been employed by UAlbany since 1995. She received the Lawrence E. Gall Award in 2002 after 'exhibiting excellence in police services' to the campus community, according to a 2009 article posted on the university’s website."

Mason, Justin. "Ex-UAlbany cop gets no jail on drug count." Daily Gazette. http://www.dailygazette.net/standard/ShowStoryTemplate.asp?Path=SCH/2012/05/15&ID=Ar01100&Section=Local_News

"In 2002, Knoebel received the Lawrence E. Gall Award, awarded to officers exhibiting excellence in police services to the UAlbany community."

"Wendy Knoebel: Driven by Evidence." April 20, 2009. Campus News. University at Albany. http://web.archive.org/web/20090504133846/http://www.albany.edu/news/campus_news_6077.php

I'd been curious who Lawrence E. Gall was. There's very few mentions of the award online.

The UPD Investigator who'd encouraged Wendy Knoebel to bring her weapons on campus, and then removed her unregistered handgun from her locker, no questions asked, while she was being investigated by the state police and the DEA, then brought it back on campus himself and logged it in as evidence himself, was Matthew A. Griffin. He'd won the award too:

"Lawrence Gall Memorial award for professional police service"

"Matthew A. Griffin." http://police.albany.edu/Member2.asp?LName=Griffin&FName=Matthew

Thankfully, someone who doesn't seem to have been investigated has won it as well:

"Lawrence E. Gall Award for excellence in exhibiting excellence in police services"

"Kim Sigond." http://www.albany.edu/news/campus_news_6047.php

The above really does says "excellence in exhibiting excellence": the phrase appears on the page twice, no less.

Memorial awards are usually best when they do justice to the person being memorialized... and when they remember the name of the person. It seems his name may not have been Lawrence E. Gall, but Lawrence E. Gaal.

"Mabee was the recipient of the Lawrence Gaal Award in 2003 for Professional Service"

"Michael Mabee." http://police.albany.edu/Member2.asp?LName=Mabee&FName=Michael

"the Lawrence E. Gaal Award for Professional Service (Police Officers) was awarded to offers [sic] Peter Farnum and Alan Lapage"
http://www.albany.edu/studentsuccess/assessment/docs/2008-09%20Annual%20Report%20-%20COMPILED.pdf

Spelling "officer" correctly might have been a little more professional.... The Gaal family has been done an injustice, I think.

EDIT: Indeed, the late Lawrence E. Gaal had been a University at Albany peace officer who'd been shot in the line of duty:

Reinhart, Janice. "Mental Patient Found Not Guilty." Albany Student Press. January 29, 1980: 3 cols 1-5. http://library.albany.edu/speccoll/findaids/issues/1980_01_29.pdf

According to that article, Lawrence E. Gaal saved that shooter's in-laws' lives. It's a noble line of work; I've had some family serve as police as well. Officer Gaal subsequently died young of cancer:

"The year 1985 was a very difficult year for Ted. Both his wife, Marie and their oldest daughter, Georgiana (Gaal) Schamens died of cancer the same week. Another blow fell in 1987, when their son, Lawrence E. Gaal also died of cancer."

"Theodore Daniel Gaal." Post Star. January 1, 2010. http://poststar.com/lifestyles/announcements/obituaries/article_79bf8ffe-f756-11de-b35a-001cc4c03286.html

Ms. Knoebel had won another award, but UPD is disinclined to remind anyone at present. Mr. Wiley had given her the Chief's Award for Excellence in 1999:

"On Tuesday, February 9, 1999, University President Hitchcock officiated at the police officer swearing-in ceremony. Also present were Vice Presidents Kirchner and Doellefeld, and the New York State Director of University Police, R. Bruce McBride. Many officers brought their families to share in the celebration as their took their oath of office as police officers.

"This event, held at the Alumni House, also served as the Department's annual awards ceremony. Tim Brady received the award for 1998 Officer of the Year, and Investigator Wendy Knoebel received the Chief's Award for Excellence"

"What's New…" University at Albany, Department of Public Safety. http://web.archive.org/web/19990501211630/http://www.albany.edu/public_safety/whatsnew.html

What had Investigator Knoebel done in 1998 that was so excellent? They'd failed to solve their biggest of 1998, the disappearance of Suzanne Lyall http://www.suzannelyall.com

The picture to the right of the "ONGOING INVESTIGATION Missing Person Suzanne Lyall" at the following link is of Investigator Wendy Knoebel holding what might be her 1998 Chief's Award for Excellence, flanked by Investigators Paul Berger and Garry Slyke. http://web.archive.org/web/19991023053405/http://www.albany.edu/public_safety/ciu.html#lyall

Every cold case cries out to be solved. UPD's page for the Lyall investigation is hard to find and doesn't appear to have been maintained in years, from all the broken image links there: http://police.albany.edu/2ColPage.asp?PageSName=SL. The NYS Troopers, however, still have a more prominent page for the investigation http://www.troopers.ny.gov/Wanted_and_Missing/Missing/view.cfm?ID=7d2586b3-87fc-44bb-b602-52825c71e4f0, though it was last updated on March 3, 2004. There's an age-progression picture (to 2004), as well as very unusual jewelry she was thought to have been wearing.

Dead Presidents

I do solemnly swear (or affirm) that I will support the constitution of the United States, and the constitution of the State of New York, and that I will faithfully discharge the duties of the office of [X], according to the best of my ability

It's a requirement both in the New York State Constitution:

N.Y. CONST. Art. 13, §1 http://www.dos.ny.gov/info/constitution.htm

and in NYS law, N.Y. CIV. SERV. LAW §62.

Swearing and filing such oaths with the NYS Secretary of State is required by SUNY procedure http://www.suny.edu/sunypp/documents.cfm?doc_id=546

Oaths aren't esoteric things; the NYS Librarian had written about them recently:

"An important reminder for library trustees and library directors is that New York State Public Officer’s Law requires public officials to take an Oath of Office and file it within a timely fashion, or the position automatically becomes VACANT."

Margolis, Bernard A. "News from the State Librarian: Oaths of Office – Is Your Board in Compliance with Public Officer’s Law?" Trustee 22(1). Winter 2010-11. 2. http://librarytrustees.org/newsletter.php?newsletteryear=2011&newsletterseason=Winter&articleid=397#article http://librarytrustees.org/newsletters/newsletter-winter2011.pdf

Not filing an Oath of Office with the Secretary of State results in the office being vacated, according to N.Y. PUB. OFF. LAW §30 (1) (h).

People ex rel. Walton v. Hicks (173 App. Div. 338, affd. 221 N.Y. 503), at 341 stated of the New York Public Officers Law,

"This statute is emphatic and unequivocal. It does not seem possible that it can be misunderstood. In case a person appointed to office neglects to file his official oath within 15 days after notice of appointment or within 15 days after the commencement of the term of office, the office becomes vacant, ipso facto. That is all there is to it. No judicial procedure is necessary. No notice is necessary. Nothing is necessary. The office is vacant, as much so as though the appointee is dead. There is no incumbent, and the vacancy may be filled by the proper appointive power."

The SUNY requirement states that the SUNY University Counsel is responsible for ensuring such Oaths of Office are sworn and filed with the Secretary of State. When George M. Philip had been appointed, John J. O'Connor was General Counsel. There's been some issues with appointments for which Mr. O'Connor was responsible.

"A top official at the State University of New York accused of giving a no-show job to the daughter of the former Senate majority leader, Joseph L. Bruno, has resigned amid mounting scrutiny of his conduct.

"The university’s board of trustees voted unanimously at a meeting on Friday to accept the resignation of the official, John J. O’Connor, the secretary and a senior vice chancellor of the university system and the president of its research foundation.

The board’s vote came after trustees reviewed an 89-page report by an outside law firm hired by the SUNY chancellor, Nancy L. Zimpher, to look at the research foundation, which offered a highly critical assessment of Mr. O’Connor’s leadership style.

Kaplan, Thomas. "Under Scrutiny, Official at State University Resigns." N.Y. Times. June 3, 2011. http://www.nytimes.com/2011/06/04/nyregion/john-oconnor-suny-official-in-bruno-case-resigns.html?_r=0

Suspecting that many SUNY employees had not sworn and filed their Oath of Office with the Secretary of State, I'd filed a FOIA/FOIL request for them with the University at Albany's Records Access Officers on August 2, 2012: https://docs.google.com/file/d/0B7Mt-S77wZKfSlZiV2RvMzV3NEU/edit. Neither officer ever replied, when they're required to at least acknowledge the request within five days. I did get a nasty threatening e-mail from Clarence L. McNeill the next day, though. He cc'd it to George M. Philip, J. "Frank" Wiley, and others.

When I refiled with the Department of State instead, they informed me that Philip has no Oath of Office on file. D'oh! Well, it probably explains the nasty e-mail. Why he didn't quickly file one back in August, I don't know. Arrogance?

Anyway, to paraphrase People ex rel. Walton v. Hicks:

The office of University at Albany President is vacant, as much so as though the appointee is dead.

"For the love of money is the root of all evil: which while some coveted after, they have erred from the faith, and pierced themselves through with many sorrows." 1 Timothy 6:10.

UAlbany's Judicial Affairs: smellin' like a felon

John M. Murphy, when he was the head of UAlbany's Judicial Affairs had written in his 2000-2001 Annual Report:
"The Director of Judicial Affairs continues to serve as University liaison with the Office of Parole in the New York State Department of Corrections. This responsibility requires the investigation of criminal histories for convicted felons who are seeking admission to the University. In the past few years since the felony conviction question was placed on the application for admissions, the number of applicants who were convicted felons increased. For example, in 1996 there were six applicants and that number increased to twenty-one in 1999-2000 and twenty-eight this past year. The preceding year the number was twenty applicants and we must assume that this significant increase will continue in the future. In addition, applicants dismissed or suspended from other colleges or universities have their conduct reviewed as part of the admissions process. Judicial Affairs continues to work closely with of the Offices of Undergraduate and Graduate Admissions to ensure these special applicants are reviewed with great care. In addition, Judicial Affairs has been called upon to resolve several cases of students admitted to the University after providing falsified information on their applications."

http://www.albany.edu/studentsuccess/assessment/docs/AR%202000-01%20-%20FINAL.pdf

The statistics are presented in a rather jumbled way. I think they're unscrambled like so:

Convicted felons seeking admission to the University at Albany

[University at Albany transitions from Division III to Division II athletics]

• 1996: 6

• 1997: [not stated]

• 1998: 20

[University at Albany transitions from Division II to Division I athletics]

• 1999-2000: 21

• 2000-2001: 28

• 2002-future: "we must assume that this significant increase will continue"

For Murphy's 2001-2002 Annual Report http://www.albany.edu/studentsuccess/assessment/docs/AR%202001-02%20-%20FINAL.pdf he copied and pasted the above paragraph. He thus did not provide any information about how many applicants with felonies there had been for 2001-2002. If that's sloppiness, that's a heck of a thing to be sloppy about.

If the University at Albany has reported the number of convicted felons seeking admission after 2000-2001, I've so far been unable to find where they're reporting that. It's no longer in the annual report of the Judicial Affairs office (since retitled the Office of Conflict Resolution and Civic Responsibility).

John M. Murphy's the University at Albany's Clery Act Compliance Officer at present.

"Throwing around the old pigskin"

"Some of those that work forces, are the same that made passes," to paraphrase Rage Against the Machine.

• 19?? "high level", "high impact sports"

"I'm an aging former high level athlete. [...] More recently, arthritis caused by years of high impact sports was winning the battle. My back, knees, shoulders, and achiles tendon limited my motion and were painful."

Wiley, J. Frank. "Testimonials." Berkshire Massage Therapy. http://www.bmt.massagetherapy.com/testimonials

• 1981 Baltimore Colts training camp

"Frank Wiley, a Baltimore policeman who plans to attend as many practices as he can, said, ‘It is outstanding. Seeing the players close up, talking to them and getting to known them is just great. All the players I talked to thought the fans made them practice with more intensity.’"

Snyder, Cameran C. "Open practice scores with Colts and fans." The Sun [Baltimore, MD]. July 21, 1981: C7. http://pqasb.pqarchiver.com/baltsun/access/1850835422.html?FMT=ABS&FMTS=ABS:AI&type=historic&date=Jul+21%2C+1981&author=&pub=The+Sun+(1837-1985)

• 1993 Assistant college women's basketball coach

"Assistant Coaches [...] Frank Wiley (Sojourner Douglas [sic] '89)"

"UMES 1993-94 Lady Hawks Women's Basketball: Lady Hawks Quick Facts." Hawk Yearbook. University of Maryland Eastern Shore, 1994. 110. http://www26.us.archive.org/stream/hawk1994univ#page/110/

• 1996 New York Giants training camp

"The University at Albany Department of Public Safety was the primary law enforcement agency for the New York Giants' professional football training camp held at Albany in July and August of 1996. […] The hiring of temporary security officers assisted the University in providing 24 hour/day security for the Giants' work and living areas […] University Public Safety Officers staffed all Giants practices and meals. They worked with the Giants Organization in providing reasonable access to fans, while at the same time maintaining the security and safety of the players. The University and the Capital District community have described the Giants training camp as having been a great success."

"New York Giants Football." Dept. of Public Safety. SUNY Albany. Ca. 1996. http://web.archive.org/web/19970802165356/http://www.albany.edu/public_safety/whtsnew.html

• 1996 J. "Frank" Wiley hired as chief of UAlbany's peace officers

Though "a teacher in Baltimore City Public Schools and former [Baltimore, Maryland] police officer," at the time, and having been rejected by Oberlin College in Ohio earlier in 1996, SUNY Albany appointed Mr. Wiley as chief at age 40, though he'd evidently never previously served as a police officer in New York State.

"University Appoints New Police Chief; Former U. of Maryland Chief Takes Reins." University Update 20(1). September 4, 1996. http://www.albany.edu/updates/1996/9-4/otherarticles.html

• 1997 New York Giants training camp

The Schenectady Gazette didn't report that the 1996 Giants training camp had been a "great success". It's unclear who might have, other than UPD above (perhaps UPD had even found it "outstanding"?):
The Times Union will pay $158,000 to the University at Albany for maintenance and security for the 1997 training camp, which began Friday. […]

the Giants training camp fell short of economic expectations.

Last year, the LADC said the presence of the Giants would mean increased sales revenue for the city, which would benefit residents.

The Center for Economic Growth projected an $18 million economic impact from the team. But local business owners, who had hoped out-of-town Giants fans would spend money by eating, shopping, and drinking locally, said last summer that business was much slower than expected.

Many also said fans didn't come from great distances to watch the team practice.

[...]

Because the Times Union covers the University at Albany, its sports programs and the Giants summer camp, there's a possibility for conflict of interest, said [Times Union publisher Timothy] White. 'We simply talk about this a lot and do our darndest to prevent it,' he said." The preliminary agreement signed in 1996 between the University at Albany and the New York Giants calls for the Giants to hold summer training camp at the university for five years.

Bryce, Jill. "Giants camp gets new backers; Newspaper agrees to help defray costs." Daily Gazette [Schenectady, NY]. July 19, 1997: B6 cols 3-6. http://news.google.com/newspapers?nid=1957&dat=19970719&id=OFlGAAAAIBAJ&sjid=5ugMAAAAIBAJ&pg=1478,4239195

• 1997 Footballers on Patrol

In an effort to broaden the scope of the University Police Department’s (UPD) community policing initiatives, the Great Dane Ride Along Program has been created. The concept was put into action by UPD Chief J. Frank Wiley and head football coach Bob Ford. The Program will bring together officers of UPD and members of the University’s football team. The players will ride on regular patrol with the officers in two hour shifts.

“The program will expose the students to some of the problems University Police Officers face every day and at the same time will expose the officers to some of our student-athletes,” Ford said. “This is one of those things that only good can come from.”

According to Wiley, both the players and the officers are excited about this opportunity and so far, approximately 60 players have volunteered to participate in the program. He added that special planning will be used to ensure that the program will not interfere with the players’ academic schedules. University Police officers assigned to Quad Liaison duties will coordinate the department’s efforts. The program took effect after spring break.

"Great Dane Ride Along Program." highLIGHTS. University Update 20(13). April 2, 1997.http://www.albany.edu/updates/1997/4-2/highlights.html

• 2011-2012 Football Mentorship

"Establish an MOU [Memorandum of Understanding] with the UA Football program to create a leadership development opportunity for football players. MOU was established and signed and pilot program has begun" (38)

"An MOU for a new mentorship program (ATLAS) with UPD and the UA Football team was established."

"Student Success Celebrations." Student Success 2011-2012 Briefing Book. 43. http://www.albany.edu/studentsuccess/assessment/BriefingBook/UAlbany%20Briefing%20Book%2011-12.pdf

• abt. 1999-present: An ideal police officer = an ideal basketball player?

"And most importantly . . . my ideal officer understands that "gentlemen and gentlewomen consider the rights of others before their own feelings, and the feelings of others before their own rights."

Wiley, J. Frank. "Chief Wiley's Ideal Officer Profile." University Police Department. University at Albany. http://police.albany.edu/IdealOfficer.shtml.

One might suppose an "ideal officer profile" (whatever purpose that serves?) to be an evolving thing, changing in the light of new experience. Well, not so much:

"And most important . . . my ideal officer understands that 'a gentleman/gentlewoman considers the rights of others before his own feelings, and the feelings of others before his own rights.'"

"Department of Public Safety Mission Statement." UAlbany Police Department. http://web.archive.org/web/19990501192909/http://www.albany.edu/public_safety/mission.html

The 1999 version awkwardly transitioned from "gentleman/gentlewoman" to "his." The 2011 version has "gentlemen and gentlewomen" and "their," which at least matches. Neither seems to an actual quote, however.

Chief Wiley's quote about the most important characteristic of his ideal police officer is actually misquoted, unattributed advice from a UCLA basketball coach:

"A gentleman is one who considers the rights of others before his own feelings, And the feelings of others before his own rights."

Wooden, John with Jack Tobin. They Call Me Coach. 1972. McGraw-Hill, 2003. 146.

It doesn't strike me as particularly profound. It's much more concisely stated as "my ideal officers consider others' rights and feelings first."

Wiley's predecessor was forced to retire at 55; Wiley turned 55 in 2011. Though retirement doesn't appear to have been mentioned, he'd shown up on a short list of candidates for Chief of Police at the University of Illinois in June 2012.

Christensen was selected for the position after a nationwide search led by the Hollins Group, which is the firm that assisted in the search leading to Barbara O’Connor’s hiring in 2008.

The search turned out three finalists: Christensen and two candidates from outside of the University. Frank Wiley, chief of police at the University of Albany and Penny Fischer, police inspector at Michigan State were the other two finalists. A committee headed by Renee Romano, vice chancellor of student affairs, chose to recommend Christensen for the job.

Vazquez, Steven. "Christensen named University police chief." Daily Illini. June 10, 2012. http://www.dailyillini.com/article/2012/06/christensen_named_university_police_chief

Higher accredition?

The University at Albany, under the heading "Accreditation" states in many places (and has done for many years):
"Graduates are recognized by the American Association of University Women."
AAUW had written me,
"AAUW does not do accreditations"
and furthermore,
"the University at Albany had held a membership in AAUW. However, we can’t be certain if that is the reason for the reference".

The University at Albany's membership in the AAUW might have ended in 1992 if the "AAUW, Albany Branch Records, 1921-1992" http://library.albany.edu/speccoll/findaids/apap002.htm archive is any indication.

Pages that state "Graduates are recognized by the American Association of University Women" or some close variation thereon include:

http://www.albany.edu/undergraduate_bulletin/About_University_information.html

http://www.albany.edu/graduate/university_questions.php

http://m.albany.edu/graduate/university_questions.php

http://www.albany.edu/graduatebulletin/general_information.htm

http://www.albany.edu/senate/handbook_section2.htm

http://www.albany.edu/undergraduate_bulletin/print_version.htm

http://web.archive.org/web/19970607221200/http://www.albany.edu/undergraduate_bulletin/general_information.html

http://www.albany.edu/undergraduate_bulletin_archive/1999/general_information.html

http://www.albany.edu/undergraduate_bulletin_archive/2000-2001/general_information.html

http://www.albany.edu/undergraduate_bulletin_archive/2001-2002/general_information.html

http://www.albany.edu/undergraduate_bulletin_archive/2002-2003/general_information.html

http://www.albany.edu/undergraduate_bulletin_archive/2003-2004/general/general_information.html

http://www.albany.edu/undergraduate_bulletin_archive/2004-2005/general/general_information.html

http://www.albany.edu/undergraduate_bulletin_archive/2004-2005/downloads/Section1.pdf

http://www.albany.edu/undergraduate_bulletin_archive/2005-2006/general_information.html

http://www.albany.edu/undergraduate_bulletin_archive/2006-2007/general_information.html

http://www.albany.edu/undergraduate_bulletin_archive/2007-2008/general_information.html

http://www.albany.edu/undergraduate_bulletin_archive/2008-2009/general_information.html

http://www.albany.edu/undergraduate_bulletin_archive/2009-2010/general_information.html

http://www.albany.edu/undergraduate_bulletin_archive/2010-2011/About_University_information.html

http://www.albany.edu/undergraduate_bulletin_archive/2011-2012/About_University_information.html

It doesn't appear that any other university in the entire country makes such a claim. Why does the University at Albany state it; what does it even mean?

Thursday, October 11, 2012

FERPA Zombies

A brainless obstructionist response rises from the grave: claiming the Family Educational Rights and Privacy Act (FERPA) prohibits students from obtaining copies of their own Student Files from the University Registrar's Office.

I guess it makes sense for zombies to pose as university administrators; to paraphrase director Dan O'Bannon's The Return of the Living Dead: "send more students!" "More BRAINS!"

In a response to the request by Nancy L. Smith, Interim Associate Registrar, reference was made to the federal Family Educational Rights and Privacy Act (FERPA), and you were informed that under FERPA, "you have a right to view your student file and make notes from the information contained in your file, but you may not make copies of the materials contained in your file." Ms. Smith added that "FERPA provides a right to view, but not an automatic right to copies." […]

while FERPA does not appear to confer a right to obtain copies of the records that you have requested, I believe that the other statutes considered in the preceding commentary require that copies be made available to you upon payment of the proper fee.

Freeman, Robert J. [Freedom of Information Law Advisory Opinion f10125]. NYS Department of State Committee on Open Government. May 29, 1997. http://docs.dos.ny.gov/coog/ftext/f10125.htm

Fifteen years later, I had to deal with two former co-workers of Nancy L. Smith, Maria Brown and Karen Chico Hurst. They should've known about the Advisory Opinion, one would think. Quotations below are cropped out of e-mails down to the most relevant parts:

On Jan 26, 2012, at 8:35 AM, Toff wrote:

May I request a copy of my own student file, and how would I go about doing that?

On Jan 26, 2012, at 10:34 AM, Associate Registrar Maria Brown wrote:

The file is only available for viewing only. You cannot make any copies of anything in the file since there are copyright implications as well as the material now belongs to the University. You will need to contact our office at 518-442-5540 and make an appointment to see the file.

On Jan 26, 2012, at 11:25 AM, Associate Registrar Maria Brown wrote:

The transcripts are copyright information and the admissions information once you submitted to the University it becomes the property of the University.

April 30, 2012 I wrote to the University Registrar Karen Chico Hurst. I finally received a response two weeks later (the boldface, underlining, and highlighting are all in the original):

On May 14, 2012, at 12:30 PM, Registrar Karen Chico Hurst wrote:

FERPA allows the following: The right to inspect and review the student's education records within 45 days of the day the University receives a request for access. This is why you are only allowed to view.

Transcripts are part of the student academic folder, they are available to review and inspect. If you need copies they need to be obtained from the institution of origin.

Can you tell me who wrote to you claiming there are copyright implications? I would like to make sure that individual is clear on why we don’t allow any part of the student folder to be copied.

On May 15, 2012, at 4:38 PM, Registrar Karen Chico Hurst wrote:

FERPA allows the following: The right to inspect and review the student's education records within 45 days of the day the University receives a request for access. This is why you are only allowed to view.

"Stop me if you've heard this one..."

The argumentum ad nauseum [...] where the advocate seeks to sustain his position by repetition piled upon repetition rather than by succinct, effective reasoned proof or logical development.

Aldisert, Ruggero J. Logic for Lawyers: A Guide to Clear Legal Thinking.3rd Ed. South Bend, IN: National Institute for Trial Advocacy, 1997. 225.

Alternatively, could it be said to have been a combination of argumentum ad cruditas, argumentum ad audacia, and argumentum ad planus?

On May 16, 2012, at 08:41 AM, Robert J. Freeman, Executive Director of the NYS Department of State Committee on Open Government wrote:

I disagree with the Registrar’s response and have attached an opinion that contains an analysis of the matter. Please feel free to share the opinion with the Registrar.

On May 30, 2012, at 10:37 AM, Registrar Karen Chico Hurst wrote:

I don’t see any correspondence indicating you requested a copy of your academic file in January 2012.

It took me from January 2012 to June 2012 to obtain my own Student File. When she finally sent it, Karen Chico Hurst even sent copies of my transcripts from other universities, which was a surprise.

I was only able to obtain my own Student File thanks to an Advisory Opinion sent to me by Mr. Freeman. For some reason he sent me a 1998 one on the same subject for a different state school, but it did the trick. That 1997 one he'd sent to the University at Albany himself.

I think it unlikely that Ms. Brown and Ms. Chico Hurst believed what they'd written me, though I suppose it's vaguely possible. As for Ms. Chico Hurst not seeing any correspondence indicating I'd requested a copy of my Student File in January 2012, that might have been technically true if her eyes were closed at the time, or if Maria Brown had deleted my e-mails and her replies. Maria Brown had not e-mailed me from her own e-mail account; she'd used Registrar at albany dot edu.

There's been more FERPA obstructionism at the University at Albany that I've faced, but the above was the only case I succeeded at. In the other instances I never received what I requested, and they subsequently banned me entirely from making record access requests (FOIL, FERPA, etc.) with the Registrar or Records Access Officers.

Always speak to your doctor when you detect any symptoms of FERPA occlusion before it develops into a full-blown zombie outbreak.

Tuesday, October 9, 2012

NYS University Police: "warning shorts are prohibited"

University Police Manual - State University of New York http://www.suny.edu/sunypp/documents.cfm?doc_id=364
"75.15 An authorized university police officer shall adhere to the following restrictions when any firearm is exhibited: (a) warning shorts are prohibited" (42).

Don't be tempted! They're strictly prohibited when exhibiting firearms.

Monday, October 8, 2012

Clery Act whistleblower protection

"Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act" whistleblower protection:
"The statute now includes language specifically protecting whistleblowers who report violations of the Clery Act. This section is effective immediately" (2).

Storch, Joseph. "2008 Changes to Clery Act Reporting Requirements." September 2, 2008. SUNY.edu. http://www.suny.edu/govtRelations/federal/pdf/2008-68%20Guidance%20on%202008%20Changes%20to%20Clery%20Act%20Reporting%20Requirements.pdf

"Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act" 20 U.S.C. § 1092(f) (17)

"Nothing in this subsection shall be construed to permit an institution, or an officer, employee, or agent of an institution, participating in any program under this subchapter and part C of subchapter I of chapter 34 of title 42 to retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual with respect to the implementation of any provision of this subsection."

Tuesday, October 2, 2012

Curses! FOI(A/L)ed again!

One wonders why the University at Albany Police Department (UPD) and the University at Albany in general tend to cite the United States Freedom of Information Act (FOIA) rather than the New York State Freedom of Information Law (FOIL). The University at Albany is not a federal agency, after all, even though it does receive federal money.

The Office of Government Information Services (OGIS) of the National Archives and Records Administration (NARA), if I understand what OGIS wrote me correctly, indicated that UPD and UAlbany generally are wrong to be citing FOIA rather than FOIL, or at any rate if they mean "FOIA" to be a generic reference rather than the specific federal Freedom of Information Act (FOIA) that it's potentially misleading. I'm hoping OGIS will point that out to UPD and UAlbany.

http://police.albany.edu/Request_report.shtml

"Information about filing general Freedom of Information Act (FOIA) requests may be found below. Use this form to make an Electronic FOIA (E-FOIA) request (You may also use this form to make a Privacy Act request.) The use of this form is voluntary. If you choose to submit a FOIA request electronically [...] If you are looking for other University records or you wish to file a non-Electronic FOIA (E-FOIA) request"

http://police.albany.edu/Request_report_who.shtml

"These exceptions are provided for under the FOIA"

http://police.albany.edu/RecordsRequest.pdf

"If you are not a party directly involved in the incident you are requesting information on you must file a Freedom of Information Act (FOIA) to obtain any record maintained by the University Police Department. FOIA requests may be filed electronically at http://police.albany.edu/Request_report.shtml or you may contact the University at Albany Records Access Officer" [underlining and boldface in original]

http://m.albany.edu/contact.php

"Freedom of Information Act Requests"

http://www.albany.edu/contact.shtml

"Freedom of Information Act Requests"

Records Access Officer(s)

• Records Access Officer #1

In most places, Lisa A. Taylor is identified as the Campus Records Access Officer:

"Freedom of Information Act Requests

The University at Albany's Records Access Officer is Lisa Taylor. You may access public records kept by the University at Albany by contacting the Records Access Officer through any of the following means:"

http://www.albany.edu/contact.shtml

• Records Access Officer #2

However, the albany.edu website mentions in some places that the Records Access Officer is the Assistant Vice President for Human Resources Management:

"FREEDOM OF INFORMATION

New York State's Freedom of Information Law may be found in Article 6 of the Public Officer's Law dated January 5, 1977. Article 87 of the Law gives the public access to agency records and the right to inspect and copy all records except those exempted by state and federal law. The Assistant Vice President for Human Resources Management has been designated the Campus Records Access Officer. Questions regarding the Freedom of Information Law as well as requests for access to public records should be directed to the Campus Records Access Officer"

University at Albany Handbook. http://www.albany.edu/senate/handbook_section2.htm

The University at Albany got the law right there at least: FOIL, not FOIA.

It may be that the Assistant Vice President for Human Resources Management once was but no longer serves as the Records Access Officer, in which case that Handbook should probably be corrected.

The Office of Human Resources Management (OHRM) Staff Listing http://hr.albany.edu/content/staff.asp identifies Jim Mancuso as Assistant VP for Human Resources Management.

• Records Access Officer #3

There's at least a third who's been identified as "the" Records Access Officer:

Freedom of Information Law (FOIL)

The New York State Freedom of Information Law governs what information about an applicant is considered public. Search Committee members should refer any outside inquiries about candidates to the Director of Media Relations who serves as the University Records Access Officer, (518) 442-4980.

"Professional Employment Procedures." http://hr.albany.edu/content/emplproc.asp

Karl Luntta is the Director of Media Relations according to http://www.albany.edu/news/mediaoffice.php

• Records Access Officer #4?

"Geoffrey P. Williams, University Archivist and Campus Records Officer"

"M.E. Grenander Department of Special Collections & Archives" - Contact the Department." University at Albany. https://library.albany.edu/speccoll/contact.htm

FOIL Appeals Officer

If any one of the three (or more?) people who are "the" Records Access Officer rejects a request (or fails to respond at all), it may be appealed. The FOIL Appeals Officer is Geraldine Gauthier. How does she handle FOIL appeals?

SUNY's FOIL appeals officer is Geraldine Gauthier:
"The contract of Coach Steve Pikiell was termed a 'trade secret' by Stony Brook's Freedom of Information Law officer, who provided a redacted deal. SUNY-central's Appeals Officer Geraldine Gauthier backed up the rejection, saying disclosure could hurt Stony Brook's chances of retaining 'coaching talent' and that the contract document has 'substantial commercial value.' […] Last year, [SUNY Chancellor Nancy] Zimpher hired Gauthier, who is paid $91,800. Gauthier told USA Today in her appeal response that 'the public has no interest in the redacted material.'"

Odato, James M. "SUNY discloses 'trade secrets' on head coaches." Albany Times Union. April 15, 2012. http://www.timesunion.com/local/article/SUNY-discloses-trade-secrets-on-head-coaches-3483976.php

"In determining whether to release the documents, the school searched both Wikipedia and Google, Gauthier said. That determined that there were up to 352 potential competitors in Division I. In addition, stories published in several media outlets about coach salaries proves the documents have 'substantial commercial value,' her letter states."

"The public has no interest in the redacted material withheld, or in the outside income reports, because none of it involves public funds," Gaulthier states in her letter. Pikeill's contract, however, gives no indication that bonuses or the car allowance, for example, are paid by anyone but the university.

Upton, Jodi and Steve Berkowitz. "Stony Brook works hard to keep coach's contract secret." USA Today. April 25, 2012. http://www.usatoday.com/sports/college/mensbasketball/ameast/story/2012-03-29/stony-brook-steve-pickiell-contract-secret/53838432/1

$91,800 salary, and one can blow off FOIL appeals by citing Google and Wikipedia? That's essentially citing "the Internet" and "a bunch of pseudonymous and anonymous people (and bots!) of varying degrees of honesty, expertise, and sanity." Sweet job!

How NOT to Identify Your Institution’s CSAs

The Handbook for Campus Safety and Security Reporting www2.ed.gov/admins/lead/safety/handbook.pdf

"How to Identify Your Institution’s CSAs" on page 74 states, a "Campus security authority” is a Clery-specific term that encompasses four groups of individuals and organizations associated with an institution."

(1) "A campus police department or a campus security department of an institution"

(2) "Any individual or individuals who have responsibility for campus security but who do not constitute a campus police department or a campus security department (e.g., an individual who is responsible for monitoring the entrance into institutional property)."

(3) "Any individual or organization specified in an institution’s statement of campus security policy as an individual or organization to which students and employees should report criminal offenses."

(4) "An official of an institution who has significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline and campus judicial proceedings. An official is defined as any person who has the authority and the duty to take action or respond to particular issues on behalf of the institution."

It ought to be very straightforward who's a CSA and who is not. At the University at Albany, however, it's not so easy.

University at Albany CSA list #1

The 2011Annual Safety Report/Clery Act Report http://police.albany.edu/ASR.shtml page 21, and "Campus Security Authorities"http://police.albany.edu/CSA.shtml (copyright 2009) and also the Clery Act PowerPoint http://police.albany.edu/Clery/CleryTrainingSlideShow.ppt identify the Campus Security Authorities under the Clery Act as:

• Vice Provost for Undergraduate Education

• Professional staff in Student Success except Student Health Center and Counseling Center staff

• Senior staff in the Office of Human Resource Management

• Academic Advisors in Advisement Services Center Undergraduate Studies (ASC/US) and Educational Opportunity Program (EOP)

• Professional staff in Athletics, including coaches

It's not clear to me why the Vice Provost for Undergraduate Education (who is also the Dean for Undergraduate Education) would be a CSA while the Dean for Graduate Studies does not appear to be a CSA?

University at Albany CSA List #2

The "Coordinated Response for Sexual Assault" on page 5 at http://www.albany.edu/counseling_center/sarc/docs/SA%20PROTOCOL%20ammended%2012-10-09.pdf (evidently dated October 9, 2012) identifies CSAs as staff in

• Residential Life

• Student Life

• University Police

• Conflict Resolution and Civic Responsibility

• Athletics

• Undergraduate Studies

• Affirmative Action

Staff in "Undergraduate Studies" would seem to include a lot of people, but if it excludes faculty I'm not entirely sure who all specifically in Undergraduate Studies would be a CSA.

Also: why aren't staff in Graduate Studies included as CSAs?

University at Albany CSA List #3

This one's nearly the same as above: "Student Life" replaced with "Student Involvement & Leadership" (are they the same or not?) and "Affirmative Action" replaced with "Diversity and Inclusion" (same or not?).

The Student Code of Conduct Appendix J at http://www.albany.edu/studentconduct/27173.php (copyright 2012) and page 32 of http://www.albany.edu/studentconduct/assets/Community_Rights_FINAL_10-28-11.pdf (evidently dated October 28, 2011) identifies CSAs as staff in:

• Residential Life

• Student Involvement & Leadership

• University Police

• Conflict Resolution and Civic Responsibility

• Athletics

• Undergraduate Studies

• Diversity and Inclusion

University at Albany CSA lists #4-5?

The number of CSAs in the Office of Student Success can vary widely, depending upon which organizational chart for SS that one uses. There's two different ones, both dated June 2010.

http://www.albany.edu/studentsuccess/docs/OrgChart2010.pdf

http://www.albany.edu/studentsuccess/docs/ORG%20CHART%20Student%20Success.pdf

Not so Clery at all!

There's a "Campus Clery Committee," but it doesn't appear to list its members, minutes, or reports (if any) online? The only member I know of is Cynthia A. Riggi, Assistant Vice President for Student Success http://www.albany.edu/studentsuccess/cynthia-riggi.shtml "She also is a member of many campus wide committees, most notably the President’s Advisory Council on the Prevention of Sexual Assault and the Campus Clery Committee."

Those charts both being two years and several months old now, the organizational chart and the names within it may have changed without having been updated yet. I'm supposing "Cynthia Brady" is Cynthia A. Riggi's maiden name, indicating that both organizational charts are indeed outdated and in need of revision.

John M. Murphy is the Clery Act Compliance Officer. Heckuva job, Murphy.