Cease and Desist, UAlbany

From: Christopher Philippo

Subject: Re: State University at New York at Albany corruption

Date: May 21, 2013 at 2:31:54 AM EDT

To: John Monfasani jmonfasani*albany.edu, "nyectf*usss.dhs.gov" nyectf*usss.dhs.gov, Info info*whistleblower.org, William Bonner bbonner*fmcc.edu, "breslin*nysenate.gov" breslin*nysenate.gov, "barry*nysenate.gov Barry" barry*nysenate.gov, Patricia Fahy fahyp*assembly.state.ny.us

[...]

Since UPD never wrote me to contradict what they'd written in their responses to my FOIL request, since SUNY Senior Counsel Reilly never wrote or responded to me, since George Philip never sent me anything to substantiate McNeill's claim to be the "agent of the President of the University" and my "sole contact," since OCR made the determination that I had not been issued a "cease and desist order" by McNeill, since Christine Bouchard evidently vociferously defended the free speech rights of even such as the Westboro Baptist Church http://www.webcitation.org/6GcdpLwdZ and Jim Deferio http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=7067895 , since a citizen in a democracy should not be obligated to follow an unlawful and/or unconstitutional order, I'll take the position that McNeill's fraudulent and intimidating demands aren't anything I have any legal obligation to obey, and no legal action could be taken if I did disobey them. I still won't go on campus, however, as I still don't think it's safe there - certainly I wouldn't feel safe there.

(Some formatting changes above, obviously.)

Not many responses to the above e-mail - though there were some. Of the responses, none of them stated that McNeill's written threats to me and my family were anything other than grossly illegal and unconstitutional or anything that I need to obey. Since I'd stated I was "tak[ing] the position that McNeill's fraudulent and intimidating demands aren't anything I have any legal obligation to obey, and no legal action could be taken if I did disobey them", one would have thought if anyone wanted me to obey those fraudulent and intimidating demands and had evidence that they were threats that I have the legal obligation to obey, etc. that they would have contradicted me and provided their evidence. Reasonable thought?

One does wish somebody at the state or federal level would actually explicitly write (rather than merely tacitly admitting by their silence): "yes, McNeill's written threats were grossly illegal and unconstitutional and not anything you have to obey and no legal action would be taken if you disobeyed those threats," but one can't have everything I suppose. Tacit admission's something, at least. And there's Monfasani's having written that McNeill is an "incompetent," which was pretty great... one of the few vaguely courageous things done by anyone at UAlbany with respect to McNeill.

How many other people has McNeill threatened in writing? How many other people has he threatened in writing while cc'ing UAlbany's President, Vice President for Student Success, Clery Act Compliance Officer, Police "Chief," Senior Counsel, and Associate Counsel? Surely not just me. Of the students (or faculty or staff) at UAlbany who've committed suicide, how many of them are people who'd turned to McNeill (or other UAlbany administrators) for help and didn't get it, or who turned to McNeill for help and were threatened by him as I was? Good questions for any law enforcement officers who are serious about their jobs (I know they're out there somewhere).

From: "Christopher K. Philippo"

Subject: Incident #: 23944-11 T/F police report?; December 9, 2011 C&D order: UPD enforcing/not enforcing?

Date: July 19, 2012 at 11:41:50 AM EDT

To: John H Reilly jreilly*albany.edu

Dear University at Albany Senior Counsel John Reilly,

As the University at Albany Senior Counsel, would you say University Police Department Incident #: 23944-11 Date: 12/06/2011 Time:1310 is not a false police report? Or as the University at Albany Senior Counsel, would you say University Police Department Incident #: 23944-11 Date: 12/06/2011 Time:1310 is a false police report?

As the University at Albany Senior Counsel, would you say University at Albany judicial administrator Clarence McNeill's December 6, 2011 9:51 AM e-mail with the subject line "Good Morning" is a cease and desist order? The time and subject line of the e-mail must be added to the December 9, 2011 cease and desist order; the time and subject line do not appear on the December 9, 2011 cease and desist order.

As the University at Albany Senior Counsel, would you say Clarence McNeill's December 9, 2011 12:44 PM e-mail, cc'd to my mother, with the subject line "RE: retaliation?" and/or its attachment ChrisPhilippo.doc , is/are "legitimate, valid and enforceable by the University Police Department" as stated by Clery Act Compliance Officer John M. Murphy in his July 3, 2012 3:43 PM e-mail with the subject line "C&D Order"?

As the University at Albany Senior Counsel, could you tell me why Clery Act Compliance Officer John M. Murphy claimed to me in his July 3, 2012 e-mail that "There is no indication of a copy being sent to your mother"?

Christine Bouchard assigned Mr. Murphy the job of answering my questions, but the above answer of his would appear to indicate he'd never looked at the header of the December 9, 2011 12:44 PM e-mail, where my mother's e-mail address appears in the "Cc:" line.

As the University at Albany Senior Counsel, could you tell me if UPD and/or Chief WIley in fact received one or two cease and desist orders pertaining to me in December 2011?

As the University at Albany Senior Counsel, could you tell me if UPD and/or Chief WIley in fact filed one or two cease and desist orders pertaining to me in December 2011?

As the University at Albany Senior Counsel, could you tell me if UPD and/or Chief WIley are in fact enforcing one or two cease and desist orders pertaining to me?

As the University at Albany Senior Counsel, could you tell me why UPD and/or Chief WIley did not contact me in December 2011?

As the University at Albany Senior Counsel, could you tell me why Officers Clapper, Officer Nagy, and Chief Wiley told me that UPD had complied fully with my Freedom of Information Law/Freedom of Information Law/Personal Privacy Protection Law request when they had not sent me:

• the December 6, 2011 9:51 AM e-mail that is supposedly a cease and desist order

• the December 7, 2011 e-mail by which Mr. Murphy alleges Mr. McNeill claims to have forwarded to UPD the December 6, 2011 9:51 AM e-mail that is supposedly a cease and desist order

• an incident report relating to the December 6, 2011 e-mail and/or the December 7, 2011 e-mail

• an incident report relating to the alleged violation of the December 6, 2011 9:51 AM e-mail that is supposedly a cease and desist order

• the December 9, 2011 12:44 PM e-mail

• the December 9, 2011 cease and desist order

• an incident report relating to the December 9, 2011 e-mail and/or cease and desist order?

I note that you have worked together with Clery Act Compliance Officer Murphy and Chief Wiley:

"The investigation was run by university counsel John Reilly and associate vice president for student success John Murphy, who interviewed women's lacrosse head coach Lindsey Hart and assorted players. University police chief Frank Wiley assisted the inquiry." Singelais, Mark. "School says no hazing at party but UAlbany investigation did find alcohol use." Albany Times-Union. June 22, 2006. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=6405287

Despite them reporting to Ms. Bouchard and not you, and despite your having been a colleague of theirs for a number of years, perhaps even a friend, being that you are the University at Albany Senior Counsel, and that Ms. Bouchard is not answering my questions, would you please answer my questions?

UAlbany Senior Counsel: no show job? Sure seems like it; the questions struck me as pretty straightforward and very much the sort of thing the UAlbany Senior Counsel would be most qualified of anyone there to answer. Ask him questions, he doesn't reply. Others like Lisa Taylor or Clarence L. McNeill add him to an e-mail exchange; he doesn't enter the exchange (or if he replies, he doesn't reply to all).

All this while UAlbany was under investigation by the U.S. Department of Education's Office for Civil Rights. Pretty damn bold. When will it stop? Who in law enforcement will stop them?