Wednesday, December 24, 2014

UAlbany's Sue R. Faerman: Sue! Arr! Not fair, man!

One of the documents sent to me by the U.S. Department of Education's Office for Civil Rights in response to a FOIA request that I particularly like is UAlbany's then-Vice Provost and Dean for Undergraduate Education Sue R. Faerman’s expectation stated in a July 1, 2012 10:15 AM e-mail that I should “let this go and move on” - i.e. give up on reporting academic dishonesty, faculty ethics violations, sexual harassment, and retaliation for having reported those things. What a great attitude for a Vice Provost and Dean for Undergraduate Education to have!

I guess I was also supposed to let go and move on from my complaint about being overcharged $30.00 for a FOIL request for my own grades for a class and UAlbany then not cashing the check and not explaining why, and my complaint about the professor I'd reported for academic dishonesty, faculty ethics violations, sexual harassment, and retaliation having apparently inflated my grade from an A- to an A.

Then-Vice Provost and Dean for Undergraduate Education Sue R. Faerman’s e-mail on page 86 of the 281 pages sent in response to my FOIA request does answer my questions on page 90 in a July 1, 2012 9:29 AM e-mail:

In the end, is it safe to report faculty ethics violations at UA or isn’t it? Is it safe to report academic dishonesty or isn’t it? Is it safe to report sexual harassment and retaliation or isn’t it? Or does it all just set off new rounds of obstructionism and retaliation?

Reporting those things at UAlbany does indeed just set off new rounds of obstructionism and retaliation. Well, OK, not just that. For Sue R. Faerman, participating in the obstructionism and retaliation meant a promotion to the unnecessary position of Senior Vice Provost for Undergraduate Education, created just for her.

Tuesday, December 16, 2014

Albany State=Penn State? A case of "turnstile justice" (at best).

Plaintiff [...] commenced the instant action against defendant [...] seeking to recover damages arising from an alleged assault which occurred in October 2006. Defendant now moves for an Order pursuant to CPLR § 510(3) changing the venue in this action from New York County to Albany County. For the reasons set forth below, defendant's motion is granted.

As an initial matter, defendant has sufficiently identified the prospective non-party witnesses and has affirmed that they will include Edward Kercado, a SUNY Albany police officer; Wendy Knoebel, a SUNY Albany police officer; Robert Ford, a SUNY Albany football coach [...]

venue should be transferred to Albany County as some of these non-party witnesses are public officers and local government officials

http://scholar.google.com/scholar_case?case=11055528377769680355

Edward Kercado is not a SUNY Police officer or a local government official. He retired in 2008 after a mere nine years: https://web.archive.org/web/20141205163214/http://www.albany.edu/employee_recognition/retirees.php. Kercado, a football fan https://web.archive.org/web/20141216053108/https://twitter.com/EdwardKercado/status/412293578111479809 and former UAlbany student himself who became a coach and bus driver after retiring as a UAlbany police officer and is now an Atlanta, Georgia-based actor and precision driver https://www.linkedin.com/pub/edward-kercado/5b/69b/158. NYC would be less of a trip than Albany for him.

Wendy Knoebel is not a SUNY Police officer or a local government official. She's a dirty ex-cop now in Florida. NYC would be less of a trip than Albany for her - but why would the defendant want the testimony of a dirty ex-cop and who would believe it anyway?

        A decorated State University of New York police officer who is facing federal marijuana manufacturing charges allegedly asked a fellow officer to remove an unregistered handgun from her police locker and stash it at his house the day after her Duanesburg home was raided by federal agents.

        Wendy Knoebel, 48, who remains suspended from the SUNY police force, was subsequently charged by State Police with illegal possession of a weapon in a criminal case that was not publicly announced.

Lyons, Brendan J. "SUNY Police officer also faces gun charge; Cop arrested on drug charge allegedly asked colleague to move gun." Albany Times Union. July 23, 2011: B11. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=15255123

Kenneth Knoebel, 46, violated conditions of his supervised release by drinking alcohol in a Florida bar on Sept. 11 -- the same day he assaulted his wife, Wendy, a former University at Albany campus police investigator.

Gavin, Robert. "Alcohol use sends man back to prison; Kenneth Knoebel formerly jailed for growing marijuana." Albany Times Union. November 19, 2013: D4. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=24647533

Kercado and Knoebel served under UAlbany Police "Chief" J. "Frank" Wiley, an ex-athlete, ex-coach football fan. Wiley's "police" created a Memorandum of Understanding with the UAlbany football team while failing to create MOUs or agreements with other area law enforcement agencies. Wiley's "police" created a ridealong program for UAlbany football players. Wiley's "police" got paid extra to do security for the training camp of the NY Giants football team at UAlbany. Wiley's "police" put the UAlbany Athletics logo Damien the Great Dane on "police" documents. When some of Wiley's beloved UAlbany football players were accused of gang rape (the very case at hand), Wiley did not report the case ASAP to the Albany County District Attorney. He only reported it after the media did, thereby forcing his hand.

The priorities of Wiley, a grossly unqualified man who curiously become one of SUNY's highest-paid police "chiefs," might be further illustrated in how the ex-athlete, ex-coach, football fan treats athletes:

"While six sexual assaults have been reported on the UAlbany campus since September, university police contacted Albany County District Attorney David Soares' office for only one - the alleged rape of a freshman woman by the three football players. In the five other cases, the victims declined to press charges. In the case involving the football players, the district attorney's office was called by a television station before receiving a call from the UAlbany police. […] After the forum, Wiley declined interview requests, saying he only conducts interview by e-mail. 'I've been misquoted in my time here. I have been the object of irresponsible, gotcha journalism,' he said. Wiley steered questions to his officers."

Crowley, Cathleen F. "Handling of rape case defended; UAlbany police chief says officers followed protocol in dealing with alleged assault." Albany Times Union. October 26, 2006: A1. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=6365244

"University Police Department Chief Frank Wiley used to forum to defend UPD's procedure in arresting the two football players, reiterating the fact that they are not obligated to notify the D.A. when making an arrest because there is no set in stone procedure. Each case differs, according to Wiley.

"'There was no lapse in protocol because there is no protocol,' Wiley said at the forum" (emphasis added).

Markovetz, Jessie. "Officials respond again." Albany Student Press. November 2, 2006. http://www.albanystudentpress.org/news/officials-respond-again-1.782232#.UQObAkqjcmw

In Crowley's article, Albany County District Attorney's Office spokesperson Rachel Soares stated, "Our special victims unit has investigators, victim's advocates and attorneys that go away for sexual assault training all over the country[.] We know how to interview and investigate the crime scene. It's a good service." The DA's Office can potentially help strengthen the case for the prosecution and provide better victim services if they're contacted ASAP. At the time of that case, Wiley had for his entire "career" as UAlbany's supposed Police "Chief" had chosen never to help strengthen the case for the prosecution and had chosen to never provide better victim services. Whether Wiley consistently (or ever) reported cases ASAP since is anyone's guess (my guess: no).

"Wiley said university police usually wait until after an arrest, and this was the first time in his 10 years at the school that they contacted prosecutors before an arrest" (Crowley 2006).

Bob Ford is not a SUNY Albany football coach or a local government official. He's a pro-pedophile who modeled himself on Joe Paterno and wanted UAlbany to become like Penn State (mission accomplished).

"'I'll miss a good friend and I think we'll all miss a coaching legend,' said Bob Ford, UAlbany's Head Football Coach. […] Ford was a friend of Paterno's, and remembers the coach's life fondly. […] he himself did nothing wrong, but as he said, he wished he did more,' said Ford." [emphasis added]

Cruz, Megan. "Locals mourn Paterno." YNN. January 22, 2012. http://saratoga-north.ynn.com/content/your_news/571083/locals-mourn-paterno/

Paterno did plenty wrong - Ford's complete inability to comprehend that says a lot about what Ford thinks of sexual assault and university coverups of sexual assault.

        Mr. Paterno was on notice for at least 13 years that Sandusky, one of his longest serving assistants, and whose office was steps away, was a probable serial pedophile. Mr. Paterno was aware of the criminal 1998 investigation into Sandusky's suspected child sexual abuse. Indeed, the evidence shows that Mr. Paterno closely followed that case. Later, in 2001, another one of his assistants, Mr. McQueary, directly reported to Mr. Paterno that Sandusky was sexually abusing a young boy in Mr. Paterno's Penn State football locker room. The evidence shows that Mr. Paterno purposefully ignored this evidence.

        I stand by our conclusion that four of the most powerful people at Penn State failed to protect against a child sexual predator harming children for over a decade. These men exhibited a striking lack of empathy for Sandusky’s victims by failing to inquire as to their safety and well-being, especially by not even attempting to determine the identity of the child who Sandusky assaulted in the Lasch Building in 2001.

"Statement from Louis J. Freeh." February 10, 2013. http://espn.go.com/espn/otl/story/_/id/8933344/louis-j-freeh-statement-response-paterno-family-report

"Nothing wrong", Ford? Really? I suppose Ford's done "nothing wrong" as well.

Following the gang rape case involving three of his players, Ford treated the news as if his team had just merely lost a game.

All of this just days before the football team's homecoming game. The distraction is not lost on head Coach Bob Ford.

Ford said, "It's like many other challenges I faced in coaching. Tough tough loss and try to bounce back, try to get ready after a great win, try to get ready, after the death of parents, those are all challenges. And I think the squad has accepted the challenge. I think they've had a great week, and I think we're ready to go." [...]

Coach Ford wouldn't comment on the investigation but said he's re-emphasized off-the-field conduct to his players. But it's not the first time he's had the conversation.

Ford said, "The university has some formal programs we do for young men and young women and some programs for student athletes. And in addition you talk, you talk. You can't talk to them enough, so I talk to this football squad all the time about things I think are important."

Szubielski, Jola. "UAlbany rape suspect appears in court." Time Warner Cable News. October 20, 2006. http://centralny.twcnews.com/content/news/98063/ualbany-rape-suspect-appears-in-court/

Evidently Ford had not considered it important to talk to his players to refrain from gang rape.

UAlbany named its stadium field in its $19 million dollar multi-sport complex after Bob Ford. UAlbany hired Greg Gattuso to replace Bob Ford; Gattuso’s a former Penn State football player for Coach Joe Paterno and Assistant Coach (and pedophile) Jerry Sandusky, and a former Assistant Coach for Joe Paterno alongside fellow Assistant Coach (and pedophile) Jerry Sandusky, and someone who like Ford continues to carry water for Joe Paterno even after his death. They might as well call the multi-sport complex "NAMBLA Stadium."

The defendant himself is not from the Albany area. He's reported to have been a native of Texas and a resident of Fallston, Maryland. NYC would be closer for him too.

Carroll, Jarrett. "Former UAlbany football players penalized for rape." Altamont Enterprise. June 14, 2007. 1, 12. http://nyshistoricnewspapers.org/lccn/2006245259/2007-06-14/ed-1/seq-1.pdf http://nyshistoricnewspapers.org/lccn/2006245259/2007-06-14/ed-1/seq-14.pdf

"Former Albany football players admit to rape." Bangor Daily News. June 14, 2007. http://news.google.com/newspapers?nid=2457&dat=20070614&id=htE8AAAAIBAJ&sjid=TS4MAAAAIBAJ&pg=4128,3326274

Also, since when does a judge publish a victim's name and home street address as Judge Cynthia S. Kern did? And why were two of the perps given plea bargains without requiring them to testify against their third accomplice?

Thursday, the sentence was final: six months in the Albany County Jail, and 10 years probation, for the 2006 rape of a UAlbany freshman. [...]

the victim's father is not happy. He told the court in his victim impact statement:

“For three men to assault my daughter the way they did, and receive the ridiculous sentence due to the plea bargain process, is a travesty.”

He even referred to the deal as “turnstile justice.” [...]

The case against a third student accused in the rape [...] is still pending.

"Father of UAlbany Rape Victim Calls Justice System a 'Travesty.'" August 16. 2007. http://news10.com/2007/08/16/father-of-ualbany-rape-victim-calls-justice-system-a-travesty/

Albany attorney Mark S. Mishler's snow-job

Claimant and Luis were told that they had to leave the suite and accompany the UPD. She was not informed that she was arrested at this time. According to claimant, it was cold and snowy outside. She was dressed in a T-shirt, basketball shorts, socks and Adidas sandals. She did not have an overcoat with her.Claimant testified that when she and Luis were taken out of Eastman Tower, they were arrested and read their Miranda rights. [...] She testified that she was crying, confused, scared and angry. They discharged her at 1:00 a.m. and she walked to a friend's dormitory. On cross-examination, she testified that she asked for a ride to her dormitory but the request was denied.

Abdul-Wahhab v. The State of New York, # 2012-032-004, Claim No. 116205

http://vertumnus.courts.state.ny.us/claims/html/2012-032-004.html

Regarding the blizzard the night of that incident that wasn't mentioned in the above case, leaving the young woman's allegation unsupported that it was in fact cold and snowy when the officers took her outside in her shorts, a t-shirt, and sandals sometime after 11 PM and then refused her a ride home around 1 AM:

Ilnytzky, Ula. "Storm slows travel across state." Albany Times Union. December 14, 2007: A3. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=6433727

"The storm that dumped up to 8 inches of snow on the Capital Region before blowing through at around 8:30 p.m."

Stanforth, Lauren. "More winter on the way Meteorologists say season's first snowstorm will be trumped by one expected to arrive this weekend." Albany Times Union. December 14, 2007: A1. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=6433747

Even other police weren't going out in that snow, nor were they making the public do so:

Huber, Mark. "Snow shoots down safety mission." Albany Times Union. December 14, 2007. http://blog.timesunion.com/localpolitics/919/snow-shoots-down-safety-session/

None of those were hard to find. I expect there's even local TV news footage of the blizzard that could be located; there's amateur footage of it on YouTube:

The student's lawyer, Mark Mishler, had previously lost at least two other cases for young female UAlbany students against the UAlbany Police. Mark Mishler was previously employed at UAlbany and had donated his personal papers to UAlbany. By the time of the decision in Abdul-Wahhab v. The State of New York he'd obtained further evidence of malfeasance by people involved in the case that he did not use, and had the means to obtain more such evidence that he did not pursue.

According to claimant, it was cold and snowy outside.

It is a very poor lawyer that does not substantiate his client's claims before the court, particularly when they are so easy to substantiate.

Williams v. The State of New York, #2007-041-502, Claim No. 111843 http://vertumnus.courts.state.ny.us/claims/html/2007-041-502.html

In the above case, involving a student who'd fractured her ankle in a UAlbany parking lot, there was testimony by the UAlbany grounds manager, UAlbany Police, Emergency Medical Technicians, a meteorologist, unnamed witnesses, and specific details provided about the temperature, snowfall, and snow removal on campus. Did it really not occur to Mishler to call any witnesses or present any evidence with respect to it being "cold and snowy"? It doesn't seem that Mishler even questioned the UAlbany Police about it, questions like "WTF were you thinking taking a female student outside in her shorts after a major blizzard?" and "WTF were you thinking refusing a female student a ride home at 1AM after a major blizzard?"

Saturday, December 13, 2014

corruption and incompetence under Boss Cuomo rewarded under Boss Obama

Corruption and incompetence under Boss Cuomo rewarded under Boss Obama... when will it ever change? (Not under a Republican Governor or President, that's for sure - they'd be about as corrupt, just in slightly different ways.)

Dr. King, 39, said on Wednesday that he was leaving to become a senior adviser to the federal education secretary, Arne Duncan. He will be legally delegated the duties of the deputy secretary, a spokeswoman for the department, Dorie Turner Nolt, said, adding that the department hoped President Obama would ultimately nominate him for that role. The deputy position, however, requires Senate confirmation, and with Republicans’ taking control of the chamber next month, the president is likely to have a tougher time getting his appointments approved.

Taylor, Kate. "John King Jr., New York State’s Education Chief, to Leave Many Policy Wars Behind." N.Y. Times. December 11, 2014. http://www.nytimes.com/2014/12/12/nyregion/john-king-jr-new-york-states-education-chief-to-leave-many-policy-wars-behind.html

King's corrupt, incompetent, a hypocrite... does New York's motto "Excelsior" mean "Failure Ever Upwards"?

Begin forwarded message:

From: Christopher Philippo [...]

Subject: official word on SUNY Police & firearms violations?

Date: May 17, 2013 at 5:24:06 PM EDT

Cc: "ectv@etown.edu" , "news@fox43.com"

To: John King , Nancy Zimpher , Bruce McBride , Rex Smith , Scott Waldman , Sarah Hinman , Kate Barry , Louis Corsi , Chief Steven Krokoff , Craig Apple , "IAFFAIRS@troopers.ny.gov" , PISTOLPT@troopers.ny.gov

"Sunday night's incident apparently induced panic as many students cowered in their dorm rooms in fear, while some crouched in corners and said prayers after reports about a gunman on campus began to circulate around 8:20 p.m. At 9:30 p.m. the school finally sent out an email notifying students that the gunman was actually an off-duty law enforcement officer who was there to move a family member out of the Livingston Tower dorm. […] No official word on why the law enforcement officer felt it necessary to wear a weapon while moving his child out of the dorm. Although it's apparently legal for an off-duty officer to carry a weapon, Luntta said he was not sure if the man's possession of the gun on campus was a violation of school policy" (bold emphasis added)

Waldman, Scott. "Campus Notebook: Tense moments for UAlbany students." Albany Times Union. May 16, 2013. http://www.timesunion.com/local/article/Campus-Notebook-Tense-moments-for-UAlbany-4523960.php

Tsk, tsk, Luntta…

"The rules of the State University Board of Trustees (8 NYCRR §535.3 (j)) prohibit the possession of air guns, firearms, rifles, shotguns or other weapons on a state-operated campus of the University without the written authorization of the campus president."

"No air gun, firearm, rifle, shotgun or weapon may be possessed, stored, discharged, loaded or used on property owned or leased by the University unless the person in possession of said device meets the requirements set forth in these administrative procedures. The president of each state-operated campus may, in accordance with the provisions of section 590.3 of the rules of the University Board of Trustees (8 NYCRR § 590.3), grant written authorization to students, faculty, staff or other persons to permit the possession and storage of air guns, firearms, rifles, shotguns and weapons on campus only where such possession is required or permitted for the purposes specified in said section. When authorized, they will be stored unloaded in an appropriately secured area within or under the control of the University police department of each state-operated campus."

"When authorization is given to University police officers to carry firearms on duty, the weapon to be carried shall be state-owned and approved by the campus president. Only an officially issued firearm will be carried at any time on duty."

"Firearms on State-operated Campuses" policy item http://www.suny.edu/sunypp/documents.cfm?doc_id=367

535.3 (j) "No person, either singly or in concert with others, shall: […] Knowingly have in his possession upon any premises to which these rules apply, any rifle, shotgun, pistol, revolver, or other firearm or weapon without the written authorization of the chief administrative officer; whether or not a license to possess the same has been issued to such person" http://www.albany.edu/studentconduct/assets/Community_Rights_FINAL_10-28-11.pdf

"Firearms, Rifles, Airguns and Shotguns." 8 NYCRR Part 590 http://www.suny.edu/sunypp/documents.cfm?doc_id=116 http://www.suny.edu/sunypp/documents.cfm?doc_id=96

See also sections of the SUNY Police Manual, e.g. 70.02, 70.03, 75.11, etc. http://www.suny.edu/sunypp/documents.cfm?doc_id=364

No doubt Lunta gets paid very well for what he does, and "Chief" J. "Frank" Wiley, et al.

Whistleblowing isn't enjoyable, but whistleblowers can't give up or else the problems tend to persist or worsen. Clean up the problems, please?

[signature]


Begin forwarded message:

From: Christopher Philippo [...]

Subject: 18th C slave reburials and Amistad Commission (2005-2013?)

Date: May 30, 2013 at 11:49:15 PM EDT

To: John King [and others]

Remains of people who'd lived in slavery in the 18th century were found in the Albany, New York area in June 2005 and about eight years later they still haven't been given a proper burial. Also in 2005 New York State created an Amistad Commission, but about eight years later it evidently has yet to have the "mandated 19 members" and "has yet to issue recommendations or a report on how to 'facilitate the inclusion' of the African slave trade 'in the educational system of the state'" (Lombardi 2011).

As it stands, the amount of the "slave burial funds at risk" is such a small one, it's embarrassing to us all. Four hundred people donating $10.00 each would cover it. I'm unemployed, but I could (and would) donate $10.00. That said, it's my understanding that offers have been made by St. Agnes Cemetery and Albany Rural Cemetery to cover all expenses, in which case the $4,000 isn't even needed.

How about accepting one of the offers by June 19th, just under three weeks from now, as a goal? Let the reinterment be dignified and not a public spectacle. Have a commemoration next year if it seems appropriate. Otherwise, must they have to wait on more public meetings and education plans when that could drag on for several more years?

Likewise, how about seeing to the appointment of all 19 members of the Amistad Commission by June 19th, a preliminary report of the Commission's acompliance with its duties and responsibilities under the law New York Arts and Cultural Affairs Law, Article 57B (57.51-57.54) http://www.dos.ny.gov/amistad/amistad_law.html Archived by WebCite® at http://www.webcitation.org/6H17KY6Td to date by June 19th, and a final report by June 19, 2014?

Sincerely,

Christopher K. Philippo

Carleo-Evangelist, Jordan. "Remains must not be 'on a shelf forever'; Public thoughts wanted about where and how to rebury 14 slaves." Albany Times Union. February 8, 2012: B1. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=17365481

Hu, Winnie. "4 Years After Black History Panel’s Birth, Its Work Is Still Deferred." N.Y. Times. February 11, 2009. http://www.nytimes.com/2009/02/12/education/12amistad.html

Hu, Winnie. "Three Are Named to Black History Panel." N.Y. Times. February 12, 2009. http://cityroom.blogs.nytimes.com/2009/02/12/three-are-named-to-black-history-panel/

Lombardi, Frank. "It's time to put wind in Amistad panel's sails to teach kids about African-American slavery history." N.Y. Daily News. May 26, 2011. http://www.nydailynews.com/new-york/uptown/time-put-wind-amistad-panel-sails-teach-kids-african-american-slavery-history-article-1.147659

Vielkind, Jimmy. "Slave burial funds at risk; Appropriation to rebury remains could fall to Cuomo's veto." Albany Times Union. April 8, 2013. http://www.timesunion.com/local/article/Slave-burial-funds-at-risk-4419165.php


Begin forwarded message:

From: Christopher Philippo [...]

Subject: "U.S. Department of Education Reaches Agreement with the State University of New York to Address and Prevent Sexual Assault and Harassment of Students"

Date: November 1, 2013 at 5:03:25 PM EDT

To: press@ed.gov, Muckrock , John King , Cary R Nelson , "Shirley M. Tilghman" , FOI-List

The following would appear to pertain to me, as someone who’d filed complaints during that period:

"each of the individual campuses that OCR visited must reexamine all sexual harassment/violence complaints filed during and since academic year 2011-2012. SUNY must report to OCR the actions it will take to correct problems identified in the manner in which these four campuses handled those complaints, which may include providing individual remedies for students.”

https://http//www.ed.gov/news/press-releases/us-department-education-reaches-agreement-state-university-new-york-address-and-

https://web.archive.org/web/20131101193909/http://www.ed.gov/news/press-releases/us-department-education-reaches-agreement-state-university-new-york-address-and-

SUNY and the U.S. Department of Education are both already knowingly in violation of the agreement by letting the written threats sent to me and my family by e-mail and by Certified Mail via the United States Postal Service stand, are they not?

Add to that the refusal so far of the U.S. Department of Education to answer my questions about their decision in my case, despite having invited questions and the refusal so far to comply with this FOIA request for documents pertaining to my case: https://www.muckrock.com/foi/united-states-of-america-10/us-dept-of-ed-ualbany-communication-re-ocr-case-no-02-12-2157-4876/ - which is actually the second time I’ve requested documents; no denial has been issued, the request has simply been ignored - at the expense of constitutional rights and the rule of law.

When will my questions be answered, my FOIA request fully complied with, and actions taken to address the threats UAlbany sent me and my family, and the criminal facilitation and obstruction of justice committed by members of SUNY system administration and others?

Begin forwarded message:

From: "Ellermann, Marti"

Subject: RE: UAlbany Concerns raised in October 12th e-mail

Date: November 5, 2012 10:05:01 AM EST

To: "Abbruzzese-Werling, Nedra" , [Christopher K. Philippo]

Cc: "Thayer, Janet" , "Reilly, John (Univeristy at Albany)"

I suggest no response.

Marti Anne Ellermann

Deputy General Counsel

Office of General Counsel

State University of New York

SUNY Plaza

Albany, New York 12246

marti.ellermann@suny.edu

518-320-1306

Christopher K. Philippo

---

"the State is not an insurer or guarantor of the safety of SUNYA students" McEnaney v. State of New York, 267 AD 2d 748 - NY: Appellate Div., 3rd Dept. 1999. http://scholar.google.com/scholar_case?case=14949034404515783354

---

"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."

---

“Make you the world a bit better or more beautiful because you have lived in it.” - Edward W. Bok

Clarence McNeill, University at Albany Clery Non-Compliance Officer

UAlbany recently made Clarence McNeill its Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act [Non-]Compliance Officer, despite (because of?) his response to my reporting sexual assault (UAlbany defines sexual harassment as a form of sexual assault), academic dishonesty, faculty ethics violations, and retaliation being to send threats to me and my family, and to continue sending them after I graduated.

McNeill’s repeatedly lied to the federal government, and the federal government knows he’s repeatedly lied to them yet has done nothing to stop him... I guess because they like for him to lie to the government and threaten people?

The University and UPD strive to promote and maintain a campus environment conducive to academic achievement. A truly safe campus can only be achieved through the cooperation of the entire campus community. With your help and participation and our commitment, we are confident that the time you spend with us will be safe and productive.

Sincerely,

J. Frank Wiley, ["]Chief["]

Clarence McNeill, Clery Compliance Officer

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

The campus might start on the path to safety when Wiley and McNeill are in prison, where they've long belonged... along with Michael Barberich, Jeanette Altarriba, John Murphy, Sue Faerman, Christine Bouchard, Susan Phillips, Nancy Zimpher, William F. Howard, Marti Anne Ellerman, John King, Jr., et al.

Thursday, December 4, 2014

"why the officer didn't shoot an arm or leg rather than going for center mass" (because he could get away with it in court)

Above is an archive at http://www.webcitation.org/6CESkz8dM dated November 17, 2012 taken of http://lists.plattsburgh.edu/pipermail/firearm-instructor/2010-March/000017.html

I'd reported several problems with dirty cop Matthew A. Griffin to SUNY Police Commissioner R. Bruce McBride. I'd reported the above to him in an e-mail with the subject line "SUNY Police firearm policy insubordination & integrity concerns?" on November 20, 2012 at 12:31:46 PM EST, in relevant part:
Accuracy with firearms versus personal liability concerns

The Oath of Office in SUNY Police Manual §10.01 is an oath to "faithfully discharge the duties of the position of ... according to the best of [one's] ability." §10.02 makes reference to "the highest possible standards of professionalism" and 10.11 to a "high level of knowledge and competence that is essential." Among the "Core Values" (page 3) are references to "quality" and "a high standard"; the "Policy Statement" (page 2) also refers to "quality."

Addendum 1, with respect to accuracy with firearms, refers to "a program that meets or exceeds" [emphasis added] requirements and to "evaluating the officer's ability to fire the weapon accurately." It states, "This policy does not prohibit a campus from training its officers above and beyond the established standard" [emphasis added].

For SUNY policy to chose to do "pass/fail" examinations of accuracy with firearms because (from what they've expressed below) they're more concerned about their personal liability in civil lawsuits than their ability to do their jobs to the best of their ability and according to the highest possible standards, levels, and requirements strikes me as worrisome. What's particularly troubling is the reference to shooting someone in the "center mass" (certainly the torso, possibly the head?) which would tend to be deadly force given the presence of vital organs, as opposed to "an arm or leg", and the apparent desire to be free to shoot the "center mass" by refusing to record officers' actual accuracy with firearms that might establish they could in fact use a firearm in a non-lethal way rather than with deadly force.

To prefer to be free to shoot the "center mass" without exposing oneself to liability by establishing one might have been able to chose to shoot an "arm or leg" seems inconsistent with §10.07 regarding "use of force," § 45.09 regarding "use of physical force," and § 45.10 regarding "deadly physical force," namely that "All members will employ minimum force necessary" and "only with the greatest restraint" and that members "will refrain from applying the unnecessary infliction of pain or suffering and will never engage in cruel, degrading, or inhuman treatment of any person"; that "physical force must be limited to only what is necessary"; that deadly force be used only when "necessary" and "as a last resort." Those sections may require that officers train with firearms to obtain the sort of accuracy that would permit them to fire with non-lethal force whenever possible, and to go for the "center mass" only when absolutely necessary.

"Same in Alfred...pass/fail only...liability reasons Lt. Scott Bingham NYS University Police Alfred, NY"

Sun Mar 21 12:34:36 EDT 2010

"We went to pass/fail a few years ago. We still score the target togauge performance, but don't record the score. This was done after welearned that some attorneys in civil cases following police shootings would look at the officer's score and, if high enough would go into aline of questioning about being an expert marksman and asking why theofficer didn't shoot an arm or leg rather than going for center mass.Further, pass/fail discourages target shooting.Inv. Matt Griffin UAlbany"

Sunday, March 21, 2010 11:07 AM

"Just doing a quick poll to see which departments are logging an actualscore to qualify and which are just recording pass/fail. Your responsewould be greatly appreciated.Thanks, Lt. Tim Ludden SUNY Delhi"

Sunday, March 21, 2010 5:05 AM

http://lists.plattsburgh.edu/pipermail/firearm-instructor/2010-March/000017.html

SUNY attitude towards "health and safety of students, faculty, staff and visitors"?

To conclude this e-mail, SUNY Police Manual § 45.10 states in relevant part "In using a firearm or other weapon, the officer is responsible for his or her acts and will be required to justify such actions in court and administrative hearings." Nearly the same is stated in § 75.16, "In considering the use of a firearm, university police officers must keep in mind that the officer alone is responsible for his or her acts and that he or she may be required to justify them in administrative hearings and courts of law."

How responsible would you judge these officers to have been for their acts; how able do you believe they would be to justify their acts?

Matthew A. Griffin should have been removed as a police officer, but insteead the http://lists.plattsburgh.edu/pipermail/firearm-instructor/2010-March/000017.html webpage was removed sometime after I'd reported Matthew A. Griffin's public admission there that UAlbany Police (if not SUNY Police in general?) stopped recording officers' scores so that UAlbany Police (if not SUNY Police in general?) would be free to shoot people in the "center mass' (i.e. fatally) and get away with it if civil cases arose.

Wednesday, December 3, 2014

Funny business as usual (though sexual assault isn't funny - except to corrupt university administrators)

UAlbany’s total lack of response - no acknowledgement even - to a March 28, 2014 FOIL request for records regarding retaliation for reporting sexual harassment at SUNY Albany is pretty appalling.

The much-trumpeted agreement between the US Department of Education's Office for Civil Rights, and the much-trumpted SUNY "Comprehensive System-Wide Uniform Sexual Assault Policy For All 64 Campuses" are, of course, for show. Business as usual will continue.

"U.S. Department of Education Reaches Agreement with the State University of New York to Address and Prevent Sexual Assault and Harassment of Students.”

http://www.ed.gov/news/press-releases/us-department-education-reaches-agreement-state-university-new-york-address-and-


“Governor Cuomo Announces SUNY Adopts a Comprehensive System-Wide Uniform Sexual Assault Policy For All 64 Campuses”

http://www.governor.ny.gov/news/governor-cuomo-announces-suny-adopts-comprehensive-system-wide-uniform-sexual-assault-policy

reporting a professor for his academic dishonesty, sexual harassment & retaliation constitutes "violence in the workplace"?

Rreporting a professor for his academic dishonesty, sexual harassment and retaliation constitutes "violence in the workplace"?

At UAlbany, I guess people are willing to claim that it does in order to enable academic dishonesty, sexual harassment and retaliation to continue.

As you may know, the student was issued a "cease and desist" order earlier this week, which you shared with me and with [redacted].

The message below and the attached message are in direct violation to that order. I am advising you that [Michael Barberich] is in a position to follow through on this case of harassment with legal counsel and has filed claims within our University Police Department and via UUP through [redacted - perhaps his wife?]. [Michael Barberich] is experiencing violence in the workplace and feels sufficiently threatened so as to possibly now follow through in a formal, legal manner.

Jeanette Altarriba to Estela M. Rivero, Clarence L. McNeill, Sue R. Faerman, and others, December 8, 2011 12:09 PM

I hadn't been issued a cease and desist order, and could not have violated a non-existent cease and desist order. I'd been reporting Barberich's academic dishonesty and sexual harassment all semester long, which Barberich would not stop, and which Altarriba would not make him stop. She'd forced me unwillingly to stay in the class of Mr. Barberich, who I'd reported for (among many other things) joking in class about torturing one of his minority teaching assistants with electric shocks. As a Professor of Psychology and Chair of the Presidential Advisory Committee on Sexual Assault, Altarriba should have had no illusions about what her decision to force someone to be further subjected to offensive sexual harassment would be - severe distress. As for her choosing to enable Barberich to continue to engage in academic dishonesty and sexual harassment as much as he liked - what an abnormal psychologist she is. Or at any rate, I hope that's not normative behavior for psychologists!

"Violence in the workplace"? Barberich apparently found it easiest to deal with the valid complaints against him by making false accusations of a nature similar to the valid complaints against him - ever the plagiarist, he.

In the Fall 2011 semester I'd first Barberich's behavior to the Communication Department office on October 6, 11:11 AM, and sought an Degree Audit exception that would let me drop the class. Department Secretary Debbie Bourassa responded "Your request for a DARS exception for COM 265 is DENIED" (CAPS emphasis hers). All the rampant academic dishonesty in the class was evidently perfectly acceptable.

I met with Jeanette Altarriba in person to make the case again on Monday, October 10th at 10AM. By that time Barberich had also engaged in sexual harassment. Altarriba was not very concerned about the rampant academic dishonesty, but she claimed to be very concerned about Barberich's sexual harassment. She pretended to be sympathetic, but refused to grant me academic accommodation, however, making my further subjection to Barberich's offensive behavior a condition of receiving my degree and graduating. She encouraged me to keep reporting his behavior, perhaps to discourage me from reporting it outside the department where it might do more good to report it (though even outside the department it did no good to report it, I found).

In Jeanette Altarriba's November 9, 2011 3:55 PM e-mail, she wrote in part:

Thank you for writing, as you have every right and have been encouraged, to do so [...] Do not consider that you have become any kind of "target" [for retaliation] as some have suggested, that's simply not the case. I, as Chair, and as a Faculty Member, always listen to students and never discourage them from discussing their issues of concern, no matter what those issues may be, so you can of course bring these kinds of items to my attention.

Of course I had indeed become a target for retaliation, and ultimately she did act quite viciously to discourage me from having my complaints addressed - she tried to have me barred from campus entirely.

I'm not sure what "claim" Barberich might have filed with the UAlbany Police. He did file a false police report on December 6, 2011, so Altarriba might have been referring to that false police report. I'm likewise uncertain what kind of "claim" Barberich might have filed with United University Professions. Barberich's false police report does state "A copy of [Barberich's] email to his Union Representative was forwarded to ITRO". The UAlbany Police told me "As for the copy of his letter to his Union, I can't release that as it could be considered a confidential communication between a union member and his representative." However, given that Barberich had filed a false police report, any union involvement in that would seem to be more criminal in nature, aiding in retaliation, than a legitimate confidential communication - one might more accurately describe it as a confederacy than as a union.

Had the union really been involved, they would have insisted on a hearing, proper notice, etc. - UUP stated so themselves when I contacted them. No hearing ever happened - UAlbany made very sure of that. It's unclear if a complaint really went to UUP; Barberich might have simply had his CSEA spokeswoman wife send a letter on his behalf - ironic, given that he'd badmouthed her in class. He'd complained in class about his wife working, since that meant either he had to take care of their kids or get a sitter. I suppose he was trying to puff himself up to students, to imply he earned enough that his wife - in his opinion - shouldn't be working? However, a union spokesperson likely earns far more than an untenured visiting assistant professor like he was at that time.

Date: August 27, 2012 at 10:37:51 AM EDT

From: [UUP President] Phillip Smith

To: Christopher Philippo [...], [UUP VP for Academics] Jamie Dangler

Subject: Re: UUP: "to advance education in a democracy and democracy in education"

Christopher....

Since I don't have full details on what you reported here, I can't really comment. But I will address your last sentence: Yes, unions have an obligation to provide a "duty of fair representation." Meaning, we can't pick and chose whom we represent or how. Each member is entitled to to best defense afforded under the provisions of a contract. We've been in the position of representing members who've committed crimes....but that's limited to ensuring that any disciplinary actions taken by SUNY are within the bounds of our contract. Mostly, that involves making sure that people are given a fair hearing, proper notice, etc. Like the courts, we must make a presumption that a person is innocent until proven otherwise. And, YES, we're not always told the truth by those we represent....but...it is what it is.

Hope this helps....

Phil

>>> Christopher Philippo [...] 8/23/2012 08:48 AM >>>

[...]

I was concerned about a police report made by a non-tenured professor that I'd accidentally stumbled across via a broad FOIL request. The professor had been reported by a student to university administrators for academic dishonesty, faculty ethics violations, sexual harassment, and retaliation. The police report was made the day after the professor had been informed by an administrator that he'd been reported. In it the professor claimed to the police he believed the student was "unstable," wanted to become a "martyr," and caused him to "fear" there was an imminent danger to his "personal safety" and the safety of the 160+ students registered for his course. He reported the student had been told not to attend the class, which was not true, and that he feared the student would come anyway. Since a single student cannot pose a danger to 160+ people under ordinary circumstances, it appears he was implying the student was armed in an attempt to get the student shot by the police - a day after the professor had learned he'd been reported for state and federal offenses for which he could be fired and/or tried.

It's quite obviously a false police report; the police did not find the professor to be remotely credible. The police did not send anyone to the class or attempt to determine the student's whereabouts, etc. The report mentions an e-mail from the professor to his union representative was forwarded to the police, though it doesn't indicate who forwarded it.

I would suppose the professor was represented by UUP, but it's possible the professor hadn't been honest with his union representative just as he hadn't been honest with the police. Perhaps it's also possible that he was represented by another union. Considering the other false aspects of the report, it's certainly possible that the e-mail might not have involved a union representative at all but someone (or a fictitious person) the professor was falsely claiming to be his union representative who really wasn't.

Retaliating against a student by reporting the student to the police as an unstable, imminent danger to the safety of 160+ people after learning the student had reported him for academic dishonesty, faculty ethics violations, sexual harassment, and retaliation does not seem consistent with UUP's mission "to advance education in a democracy and democracy in education." I'd like to think UUP would not approve!

Other unions have on occasion defended outrageous behavior, which is hard to understand. Unions have done this country so much good, I don't understand why they'd do that when it may alienate not just the public and the government but even their own law-abiding members. Defending members only would seem to make sense when they've performed their job and acted in accordance with the law, but maybe there's something about the role of a union that I'm missing. Are unions obligated to assist all members who have paid their dues, regardless of what they've done?

Best regards,

Christopher K. Philippo

UAlbany denied me a hearing (not that a hearing there could ever be fair, nor would I feel safe going there for one), and no doubt has done the same for many others.

If this professor is so horrible, enough students WILL talk about it and learn to avoid him. Everything at this university is now about enrollments, so if his class suffers from low enrollments as a result, the administration will start looking into what problems he might be having.

That's all you can do.

His class wouldn't suffer from low enrollments because it's a required class and the department won't give people DARS exceptions for it for any reason. Many of the students in the class benefitted from Barberich's academic dishonesty - he permitted them to openly cheat on the daily quizzes, to engage in academic dishonesty on the Information Literacy Project, he artificially inflated their grades through a variety of methods, etc. He even cancelled the final exam and gave everyone an A on it according to a document that UAlbany sent me in response to a FOIL request (prior to UAlbany threatening me not to contact the FOIL officer, among others). How many UAlbany students would complain about a free A on a final exam? All of them should report something like that for reasons of academic integrity, but I doubt if many (if any) did.

"Please take this as a final warning. You need to forget about Prof. Barberich." - typical SUNY Albany threat

"Please take this as a final warning. You need to forget about Prof. Barberich." Clarence "Clay" McNeill to CKP, December 8, 2011, 10:39 AM

On December 9, 2011 12:44 PM, McNeill wrote my mother and informed her he'd provided her home address to Barberich, something McNeill did after tipping off Barberich that I'd reported his academic dishonesty, sexual harassment, and retaliation.

I'd repeatedly made it clear to UAlbany administrators that I never wanted to hear from McNeill again due to the threats he’d sent me and my mother. E.g. in my May 19, 2012 10:15 AM e-mail to J. "Frank" Wiley, Brian E. Gabriel, Steven Krokoff, Christine Bouchard, Jennifer Stromer-Galley, Susan D. Phillips, and others: "I do not ever want to hear from Mr. McNeill again. If I may be so bold as to ask, plwase see that I do not. [...] With Mr. McNeill and Professor Barberich both in possession of my home address [...], and both of them having been informed I'd reported them, home does not even feel as safe as it should." E.g. in my June 30, 2012 5:06 PM e-mail to UAlbany VP for Student Success Christine Bouchard and then-UAlbany President George Philip:

Please see that Mr. McNeill and Mr. Wiley do not contact me, as I have personally found their behavior to be altogether unprofessional and intimidating. A judicial administrator writing a student who'd reported a professor for faculty ethics violations, sexual harassment and retaliation e-mailing the student a "final warning" that he "need[s] to forget" that professor? Good grief. Why do I “need to forget" him, and how could I possibly?

Bouchard forwarded that to John Murphy on July 2, 2012 at 10:50 AM. In John Murphy's e-mail of July 27, 2012 3:54 PM sent to Christine Bouchard and others including Estela M. Rivero, Clarence L. McNeill, Sue R. Faerman, and then-President George Philip (though another document seems to indicate someone else, evidently Senior Assistant to the President Susan Supple, was using and perhaps gatekeeping Philip's email account), John Murphy stated in part:

4. We are concerned about simply turning CP away and severing any relationship with him. Thus, Clay [Clarence L. McNeill] willingly agreed that he would be designated sole campus point of contact for all future communication from and to CP.

5. Clay will draft a letter to CP (and share with John M and [redacted]) indicating his role as sole campus contact and directing CP to refrain from or cease and desist from communicating with all other campus stakeholders. Clay will define his role as sole campus contact and directing CP to refrain from or cease and desist from communicating with all other campus stakeholders. Clay will define his role as the person to respond to CP questions as Clay deems appropriate. We'll use our collective thought in crafting the communication.

Clearly John Murphy, Christine Bouchard, Estela M. Rivero, Clarence L. McNeill, Sue R. Faerman, et al. are more than OK with a judicial administrator writing a student who'd reported a professor for faculty ethics violations, sexual harassment and retaliation e-mailing the student a "final warning" that he "need[s] to forget" that professor. They're so OK with it, they'll engage in threats to pile upon earlier threats.

The "collective thought" of corrupt UAlbany administrators amounts to very little.

From: GPO Help

To: [Christopher K. Philippo]

Date: October 12, 2012 at 9:54:18 AM EDT

Subject: refusal of public access to depository for U.S. Gov't docs? [Incident: 121001-000114]

Recently you requested personal assistance from our on-line support center. Below is a summary of your request and our response.

If this issue is not resolved to your satisfaction, you may reopen it within the next 7 days.

Thank you for allowing us to be of service to you.

To access your question from our support site, click the following link or paste it into your web browser. [...]

Subject

---------------------------------------------------------------

refusal of public access to depository for U.S. Gov't docs?

Discussion Thread

---------------------------------------------------------------

Response Via Email(Ashley Dahlen) - 10/12/2012 09:54 AM

Mr. Phillipo, I have contacted Mr. Clarence McNeill. Per our discussion, he informed me that you are not restricted from entering the campus libraries or from contacting the library personnel. As such, you are not being denied access to Federal depository library resources.

If you have any further questions about any restrictions, please contact Mr. McNeill.

Thank you.

Ashley Dahlen

Thank you for contacting the U.S. Government Printing Office. If you need further assistance, please contact us via e-mail at gpo@custhelp.com or via phone locally at 202-512-1800 or toll free 866-512-1800. Also, orders can be placed on the Online Bookstore Web site at, http://bookstore.gpo.gov.

Customer By Email (Christopher Philippo) - 10/08/2012 12:27 AM

==================== text File Attachment ====================

Attachment 2.txt, 9708 bytes, added to incident

Customer By Web Form (Christopher Philippo) - 10/08/2012 12:23 AM

"Response Via Email(Ashley Dahlen) - 10/02/2012 04:07 PM

"Hello,

"In order for GPO to investigate your complaint, we will need you to confirm what Federal depository library resources you were attempting to use. Federal depository libraries are only obligated to provide access to Federal depository-issued materials.

"Additionally, I will not be able to follow up with the institution unless I have your name. If I can determine that you were trying to use Federal property, then I will contact the institution and discuss the facts with them, thus the need for your name.

"Once this information is provided, I will be able to proceed. Thank you."

Is there any more information you would need to proceed beyond what I'd submitted originally "Customer By Web Form - 10/01/2012 04:29 PM" and the additional information submitted by e-mail to GPO Help on October 3, 2012 9:07 AM, which I see included here as "Attachment 1.txt"?

Thanks,

Christopher K. Philippo

Customer By Email (Christopher Philippo) - 10/03/2012 09:13 AM

==================== text File Attachment ====================

Attachment 1.txt, 9219 bytes, added to incident

Response Via Email(Ashley Dahlen) - 10/02/2012 04:07 PM

Hello,

In order for GPO to investigate your complaint, we will need you to confirm what Federal depository library resources you were attempting to use. Federal depository libraries are only obligated to provide access to Federal depository-issued materials.

Additionally, I will not be able to follow up with the institution unless I have your name. If I can determine that you were trying to use Federal property, then I will contact the institution and discuss the facts with them, thus the need for your name.

Once this information is provided, I will be able to proceed. Thank you.

Thank you for contacting the U.S. Government Printing Office. If you need further assistance, please contact us via e-mail at gpo@custhelp.com or via phone locally at 202-512-1800 or toll free 866-512-1800. Also, orders can be placed on the Online Bookstore Web site at, http://bookstore.gpo.gov.

Customer By Web Form (Christopher Philippo) - 10/01/2012 04:29 PM

The Director of Conflict Resolution and Civic Responsibility for the State University of New York at Albany Clarence L. McNeill wrote me that I may not contact librarians, archivists or other staff at the University at Albany libraries.

The University at Albany Library "is a congressionally designated depository for U.S. Government documents. Public access to the government documents collection is guaranteed by public law." (Title 44 United States Code)

http://libguides.library.albany.edu/govinfo-us

Any questions, statements, answers, records access requests, compliments, complaints, etc. I must address to Mr. McNeill, despite his lack of background in any library sciences, etc. He will not let me appeal the prohibition to anyone other than himself, and he reserves the right not to reply to me at all. Mr. McNeill's prohibition is pretty comprehensive: "Effective immediately, you are hereby notified that you are to cease and desist all contact with any office, department, unit or employee at the University other than me. As of this date, the University has designated me as your sole contact for all written and oral communication with the University, including, but not limited to, telephone calls and messages, emails, and mailed and faxed correspondence. I will determine when and if your communications will be addressed by the University."

He did not present any evidence that he'd been designated my sole contact at the University (if that's even legal and constitutional?). There had been no hearing of which I'd been notified, no evidence presented, and there's no expiration date to the order. I may go to the library, I just may not communicate with anyone while there, not even to ask where a restroom is.

I'm not certain what McNeill's degrees are. He might not be certain himself. Three different webpages indicate different things, despite two of them both being on the albany.edu website:

BS Business Administration

MS Education Administration

CAS in progress [at that time]

"Degree: B.S. Business Administration, M.S. Education Administration, pursuing CAS"

URL: http://www.angelfire.com/ny5/phibetasigma/Akin.html. Accessed: 2012-08-01. (Archived by WebCite® at http://www.webcitation.org/69bPXhT1n)

BA Education Administration

MA Education Administration

CAS Education Administration

"B.A – 95’, M.A – 97’ & C.A.S – 03’ in Education Administration here at the University."

URL: http://www.albany.edu/studentsuccess/clarence-mcneil.shtml. Accessed: 2012-08-01. (Archived by WebCite® at http://www.webcitation.org/69bPhCWKJ)

BA Africana Studies

(MA or MS?) Education Administration & Policy Studies

CAS Education Administration & Policy Studies

"He earned his B.A in Africana Studies in 1995, Master’s in Education Administration & Policy Studies in 1997 and his Certificate of Advanced Study in the same discipline."

URL: http://www.albany.edu/studentconduct/staff.shtml. Accessed: 2012-08-01. (Archived by WebCite® at http://www.webcitation.org/69bPqNp53)

It would be nice to know what his degrees are actually in, since he himself and the very university he graduated from don't have the information presented consistently on the university's own website, and have not had it presented consistently for months or years - even when he has his own staff to help him get it straight.

I suppose, as Albany County Sheriff's Office Investigator Shawn Spring indicated, I could send McNeill a FOIL, since McNeill wrote me that I cannot send records access requests to anyone other than himself. Or I could have McNeill ask a librarian on my behalf to look in the university's yearbooks and other records to determine what McNeill's own degrees are, tell me how much photocopies would be, have me pay for them, and send them to me. I doubt if that would happen, and I doubt if I should even try - as it might be quite unsafe to try.

Mr. McNeill had cc'd outgoing President George Philip, Vice President for Student Success Christine Bouchard, Associate Vice President for Student Success and Clery Act Compliance Officer John M. Murphy, Chief of Police J. "Frank" Wiley, Senior Counsel John H. Reilly, and Associate Counsel Janet Thayer. If any of them objected to McNeill's action, I've heard nothing of it.

McNeill's prohibition was e-mailed to me on August 3, 2012 and then subsequently sent by registered to my mother's home postmarked August 7, 2012 (my birthday and hers) and arrived on August 8, 2012 (the anniversary of my father's death). He had promised to mail it on August 3, 2012 which is the date that was on what he sent, even though he stalled until Tuesday, August 7, 2012 (which he would have known was my birthday) to send it. He had no reason to believe I'd be checking my UAlbany Mail regularly, since I graduated in May 2012 and have no obligation to check it.

I'd requested SUNY eighteen oaths of office (see http://www.suny.edu/sunypp/documents.cfm?doc_id=546 ) on August 2, 2012 and the Records Access Officers never replied even to acknowledge receipt of the request. One of the oaths requested was McNeill's. Since it should be an easy request to fulfill, it seems that perhaps one or more of the eighteen did not swear an oath to the U.S. Constitution and the N.Y. Constitution as they are legally required to do?

I'd also reported sexual harassment and retaliation by a professor to McNeill. McNeill denied in writing that it's his job to receive such reports. His own office's booklet states quite clearly that it is his job:

"Any threat of retaliation or other attempts to prevent the reporting of sexual misconduct will be prohibited and is subject to disciplinary action. Reports of retaliation should be made to the Director of Conflict Resolution and Civic Responsibility (518-442-­5501) and/or the Associate Director of Residential Life/Quad Supervisor (518-442­-5875) who will assist in filing a complaint for university disciplinary action."

http://www.albany.edu/studentconduct/assets/Community_Rights_FINAL_10-28-11.pdf

I'd even quoted it to him; my e-mail quoting it was in his reply in which he denied it was his job.

I am at present waiting to hear from the U.S. Dep't of Education's Office of Civil Rights as to whether the University at Albany has replied to their letter and data request of about September 10, 2012. UAlbany has until sometime next week, the week of October 7, 2012, to reply to it as I understand, but last OCR told me UAlbany had chosen not to acknowledge or respond to it at all yet.

Question Reference #121001-000114

---------------------------------------------------------------

Category Level 1: Federal Depository Libraries

Category Level 2: Public Access Issues

Date Created: 10/01/2012 04:29 PM

Last Updated: 10/12/2012 09:54 AM

Status: Solved

First Name: Christopher

Last Name: Philippo

Agency/Company Name:

Phone Number: [...]

Depository Library #: 0421A

[---001:009058:37867---]

McNeill threatened me in writing, a threat he sent both by e-mail and by the federal mail service USPS, "to cease and desist all contact with any office, department, unit or employee at the University other than" him, a threat thus extending to librarians, archivists or other staff at the University at Albany libraries. The threat was the product of the "collective thought" of Clarence McNeill, John Murphy, Christine Bouchard, Estela M. Rivero, Clarence L. McNeill, Sue R. Faerman, then-President George Philip (or whoever was using his e-mail account be it Susan Supple or someone else with a title like Senior Assistant to the President), and others. When the US Government Printing Office called McNeill on that on my behalf, McNeill found it simplest to lie to the federal government and claim, falsely, that I was not restricted from contacting the library personnel.

McNeill sure does like lying to the feds, when he's not busy lying to people at lower levels. He'd repeatedly lied to the U.S. Department of Education's Office for Civil Rights too.

McNeill, as mentioned earlier here, signs his name something like "^ yMcNyl" with those printed letters connected by doodles at their tops - not properly a signature at all, really:

I'd expect a signature like that more from someone who was a chronic drug abuser, an elementary school dropout, or somesuch, not someone who supposedly received a BA, a BS, an MA, an MS, and a CAS. Then again, those were degrees supposedly "earned" at UAlbany, and UAlbany accepts student work in a project meant to help fulfill the Information Literacy General Education requirement like gibberish plagiarized from a spambot:

Siara is stopped immediately because it is dangerous because it can provoke people. But that news has been heard so many people, and in fact many people are affected by erita.

The student who submitted that as his own work, and submitted a falsified citation as his source for that supposed information (i.e. gibberish), was the athlete son of two legacies, one of them a major donor to the athletics department - donations large enough to be highlighted by UAlbany to spur further donations - and whose company co-sponsored UAlbany athletic events.

My May 19, 2012 10:15 AM e-mail to UAlbany Police "Chief" J. "Frank" Wiley, the corrupt, imbecilic ex-athlete, ex-coach, football fan who'd never so much as been a security guard in New York when he was appointed directly to chief and then failed to swear and file his Oath of Office that year, had concluded:

I must reiterate, though I regret the necessity and the boldness of it: there must be no further retaliation from the University at Albany against me for having reported academic dishonesty, faculty ethics violations, sexual harassment, and retaliation. Those are things the university wants students to be free to report, and even requires some of those things to be reported. Those are things the university wants students to be free to seek support about from faculty, advisors, etc. Retaliation against someone for reporting such things is a state and federal crime, is it not?

For the record, the university does not want students to be free to report academic dishonesty, faculty ethics violations, sexual harassment, and retaliation. Even if it does encourage or require students to report such things, UAlbany really doesn't want students to do it, won't allow them to do it, and will retaliate viciously in order to enable sociopaths like Barberich and his cohorts to continue to get off however they like, and will even keep sending threats after graduation.

"It’s a Game of Spiraling Costs, So a College Tosses Out Football"

Strauss, Ben and Zach Schonbrun. "It’s a Game of Spiraling Costs, So a College Tosses Out Football." N.Y. Times. December 2, 2014. http://www.nytimes.com/2014/12/03/sports/ncaafootball/uab-cancels-football-program-citing-fiscal-realities.html

High time that happened at SUNY. What is a "sport" wherein people give each other brain damage while cutting classes and exams doing at an institution of higher learning, anyway? Why, for that matter, does the corrupt organization known as the NCAA still exist? Report violations to them, they pretend to be receptive initially (see below) but ultimately they just ignore everything.

From: "Matha, Kristen"

To: [Chris Philippo]

Date: September 20, 2012 at 10:55:18 AM EDT

Subject: NCAA Committee on Infractions: submitting information about possible violations?

Mr. Philippo,

I received your email regarding the process for submitting information about possible violations. You may contact our Call Center to at 317-917-6008 to report the information. You may remain confidential or anonymous in your reporting.

Thank you,

Kristen Matha

Associate Director of Enforcement

National Collegiate Athletic Association

317/917-6967 (office)

317/917-6040 (fax)

A later e-mail, not the initial response:

From: Christopher Philippo [...]

Subject: SUNY, the American East Conference, gang rape by athletes

Date: July 13, 2013 11:47:43 AM EDT

To: "John S. Black" , Roscoe Howard , Gregory Sankey , Britton Banowsky , "Melissa L. Conboy" , James O'Fallon , Rodney Uphoff , "Dennis E. Thomas" , "Eleanor W. Myers" , Christopher Griffin , Kristen Matha , Allen Sack , Dave Ridpath , Jason Lanter , Joel Cormier , Amanda Paule-Koba , Sarah Stokowski , Gerry Gurney , Fritz Polite , Brian Porto Cc: Allen Sack , Dave Ridpath , Jason Lanter , Joel Cormier , Amanda Paule-Koba , Sarah Stokowski , Gerry Gurney , Fritz Polite , Brian Porto , Patricia Fahy , Neil Breslin , "Regina (MAC) Calcaterra" , Kathleen Rice , William Fitzpatrick , "Milton L. Williams Jr." , Richard Briffault , "Daniel J. Castleman" , "Derek P. Champagne" , Eric Corngold , Nancy Hoppock , David Javdan , "David R. Jones" , Lance Liebman , Joanne Mahoney , "Gerald F. Mollen" , "Makua W. Mutua" , Benito Romano , Kristy Sprague , "Peter L. Zimroth" , "Thomas P. Zugibe" , "lwvny@lwvny.org" , Danya Perry

Does the NCAA approve of university police not reporting athletes' gang rape to a district attorney ASAP? Of university police who fail to solve to disappearance of a student, and who receive an award for their failure? Of award-winning university police who manufacture drugs? Of university police who fail to maintain a sexual offender registry? Of university administrators threatening students who try to report crimes and armed university police backing those threats? [...]

"While six sexual assaults have been reported on the UAlbany campus since September, university police contacted Albany County District Attorney David Soares' office for only one - the alleged rape of a freshman woman by the three football players. In the five other cases, the victims declined to press charges. In the case involving the football players, the district attorney's office was called by a television station before receiving a call from the UAlbany police. […] After the forum, Wiley declined interview requests, saying he only conducts interview by e-mail. 'I've been misquoted in my time here. I have been the object of irresponsible, gotcha journalism,' he said. Wiley steered questions to his officers."

Crowley, Cathleen F. "Handling of rape case defended; UAlbany police chief says officers followed protocol in dealing with alleged assault." Albany Times Union. October 26, 2006: A1. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=6365244 (emphasis added)

A Memorandum of Understanding (MOU) with the Albany County Sheriff's Office, like N.Y. EDUC. LAW § 355 (2) (l) seems to require, might avoid the problem of SUNY PD choosing to ignore the DA's office's advice to contact the DA's office when they have a case, even prior to an arrest, something ex-athlete, ex-coach Wiley stated he'd never done in his (at that point) ten years there. If UAlbany had wanted to build stronger cases and provide better services to victims, they'd have been doing what the DA's office wanted them to do… but UAlbany wasn't interested in stronger cases or better services to victims.

No such MOU exists, naturally, even seven years after that case. UAlbany's failed to establish MOUs or agreements with other adjacent law enforcement agencies as well, but did make one with the UAlbany football team.

Are you familiar with SUNY Binghamton's problems in 2010? There's no reason to believe the problems wouldn't extend to other universities in the SUNY system.

UAlbany Police "Chief" J. "Frank" Wiley's an ex-coach, ex-athlete, football fan. When he was appointed directly to chief in 1996 he was reportedly a Baltimore, Maryland public schoolteacher, and Oberlin College had rejected his application for employment earlier that year (after their newspaper initially announcing he'd been hired). The previous chief had been forced to retire unwillingly in the wake of the notorious campus shooting by Ralph J. Tortorici. Mr. Wiley was a strange choice in light of that, but his sports connections might have made him seem a logical choice given that UAlbany was transitioning from Division III athletics to Division II around that time (with ambitions for Division I) and had also acquired the summer training camp of the NY Giants around that time too - for which the UAlbany police would be paid extra to do security. After Wiley was appointed (and failed to swear and file an Oath of Office with the NYS Secretary of State) he established a ride-along program for UAlbany football players. Hopefully no victims of rape were thereby visited by their rapists.

Wiley gave his Investigator Wendy Knoebel his "Chief's Award for Excellence" for her work in the year that student Suzanne Lyall disappeared; Wiley's police deleted the out-of-date, orphaned, page for the Lyall case where they'd had her name misspelled for years recently, despite the fact that she's still missing. Wiley later gave Knoebel the "Gall" [sic] award for excellence, named after SUNY Albany Peace Officer Lawrence E. Gaal who'd been shot in the line of duty and later died young of cancer.

Ms. Knoebel was more recently found to have a major area drug manufacturing operation and to have brought an unregistered Raven Arms "junk gun" on campus, for which she got a slap on the wrist. The firearms instructor Matthew Griffin who advised her to bring all her personal weapons on campus (in violation of SUNY policy if not also law) because he feared she'd use them at home in an emotional fit (evidently unconcerned she'd do the same on campus), and who'd removed her unregistered "junk gun" from her locker to his own home when she wanted it hidden while she was under investigation by the DEA and State Police, and then who violated policy by bringing it back on campus and logging it in as evidence despite his being an accomplice rather than surrendering it to police at his own home: he doesn't seem to have been censured, much less charged with anything.

When I was a student at UAlbany I reported an untenured visiting assistant professor in the Communication department for academic dishonesty and sexual harassment, among other things. It's one of the departments in which athletes cluster according to the Faculty Athletics Representative, who'd long been the chair of the Communication department. I also reported a student in that professor's class for egregious, obvious plagiarism and falsification of citations. The student had, among other things, plagiarized gibberish evidently compiled by a spambot that was posted on a blog. I was told the professor, his five teaching assistants, and the 160 or so other students who had access to that student's paper did not report it. I was told nothing would be done about the student unless I accused him face-to-face in a hearing, despite the evidence against him being his own paper to which 160+ people had access, and the plagiarism and falsification in it could be independently verified without my testimony. The student is an athlete, his parents both graduates of UAlbany. His father is a major donor to the athletics department, and his father's company co-sponsors UAlbany athletic events. I filed a FOIL request for donations to the athletics department and was told there weren't records of that, something the IRS I'm sure would find curious… as might the donors themselves. The father was among the few people SUNY Albany highlighted to help spur further donations for the new multi-sports arena, an arena which evidently was necessary to join more competitive athletics associations. [...]

UAlbany police should have only had one sexual offender registry, but instead they had two different, separate ones simultaneously online, both of them misinforming the public for years:

Sexual Offender Registry #1 "© 2009 University at Albany"

"There are currently three (4) [sic] registered sex offenders enrolled or working at the University. The following Information has been released:" was followed by a list of six (6) offenders. Accessed: October 19, 2012 Archived by WebCite® at http://www.webcitation.org/6BXAjbUOP Accessed: February 19, 2013 Archived by WebCite® at http://www.webcitation.org/6EZ55k2vF (it still read © 2009 at that time)

Sexual Offender Registry #2 No date (probably circa 2007-2008)

"There are currently two (2) registered sex offenders enrolled at the University. The following Information has been released:" was followed by a list of three (3) offenders. Accessed: October 19, 2012 Archived by WebCite® at http://www.webcitation.org/6BXAsiiOT

http://police.albany.edu/2ColPage.asp?PageSName=SOR2 now redirects to UPD's homepage

There was an audit by the NYS Comptroller's Office in 2007 with a follow-up in 2009 http://osc.state.ny.us/audits/allaudits/093009/07s121.htm which found a number of problems, but it evidently failed to take note of the mismanagement of the sexual offender registry. The Registry gets referenced in the Clery Act Report http://police.albany.edu/ASR.pdf on page 53, the claim being there that it was being maintained - when clearly (the above archives) it was not being maintained properly. At least part of page 53 was not written for the report but was instead copied and pasted from the website: "The DCJS Sex Offender Registry site may be found on the web (See the link to the right)" (there's no link to the right in the PDF).

The Comptroller's Office thanked me for informing them of the non-compliance, but took no action on it as far as I know. I was informed on October 22, 2012, "We have provided the information you supplied with your email to staff in our State Government Accountability for their consideration with respect to future audit planning." The Registry continued to be dated 2009 until sometime after my last archive on February 19, 2013 when it was updated to 2013.

More details and a considerable amount of evidence are available, should you be as concerned about such things as I have been. Others have been contacted as well, naturally.

The silence in response amounts to a resounding yes.

Yes, the NCAA approves of university police not reporting athletes' gang rape to a district attorney ASAP.

Yes, the NCAA approves of university police who fail to solve to disappearance of a student, and who receive an award for their failure.

Yes, the NCAA approves of award-winning university police who manufacture drugs.

Yes, the NCAA approves of university police who fail to maintain a sexual offender registry.

Yes, the NCAA approves of university administrators threatening students who try to report crimes and armed university police backing those threats.

How else to explain the lack of response?

Tuesday, December 2, 2014

NYSED Regents aware of SUNY retaliation against victims, witnesses, whistleblowers, families & tacitly approve it

From: Harry Phillips

To: Christopher Philippo [...]

Subject: Re: John Philippo Lifetime Achievement Award

Date: November 8, 2013 at 5:58:58 PM EST

Sorry. I was unaware of this

______________________

Harry Phillips, 3rd

914.948.0486

[...]

Begin forwarded message:

From: Christopher Philippo [...]

Subject: serious problems of intimidation, retaliation, and non-compliance at SUNY?

Date: December 10, 2012 at 10:58:42 AM EST

To: Merryl Tisch <RegentTisch@mail.nysed.gov>, Anthony S. Bottar <RegentBottar@mail.nysed.gov>, Robert M. Bennett <RegentBennett@mail.nysed.gov>, James C. Dawson <RegentDawson@mail.nysed.gov>, Geraldine D. Chapey <RegentChapey@mail.nysed.gov>, Harry Phillips 3rd <RegentPhillips@mail.nysed.gov>, James R. Tallon Jr. <RegentTallon@mail.nysed.gov>, Roger Tilles <RegentTilles@mail.nysed.gov>, Charles R. Bendit <RegentBendit@mail.nysed.gov>, Betty A. Rosa <RegentRosa@mail.nysed.gov>, Lester W. Young Jr. <RegentYoung@mail.nysed.gov>, Christine D. Cea <RegentCea@mail.nysed.gov>, Wade S. Norwood <RegentNorwood@mail.nysed.gov>, Kathleen M. Kashin <RegentCashin@mail.nysed.gov>, James E. Cottrell <RegentCottrell@mail.nysed.gov>, Andrew T. Brown <RegentBrown@mail.nysed.gov>

Dear Chancellor Tisch, Vice Chancellor Bottar, Chancellor Emeritus Bennett, and Board of Regents:

It had been suggested to me that you may be able to help me regarding the following:

"Effective immediately, you are hereby notified that you are to cease and desist all contact with any office, department, unit or employee at the University [at Albany] other than me [Clarence L. McNeill]. As of this date, the University has designated me as your sole contact for all written and oral communication with the University, including, but not limited to, telephone calls and messages, emails, and mailed and faxed correspondence. I will determine when and if your communications will be addressed by the University."

The above was e-mailed to me on August 3, 2012 by Clarence L. McNeill, who is the State University of New York at Albany's Assistant Vice President for Student Success. Director of the Office of Conflict Resolution & Civic Responsibility, Chair of College/University Behavior [sometimes Behavioral] Intervention Team (CUBIT), and President of the SUNY-Wide Judicial Administrator group. He subsequently used the United States Postal Service to send it by Certified Mail, requiring my signature.

I graduated summa cum laude from the University at Albany in May 2012. Are SUNY judicial administrators in the habit of imposing prior restraint on freedom of speech, inquiry, association, movement, etc. on not just students but also on alumni without due process? Mr. McNeill cc'd his e-mail to George M. Philip, Christine A. Bouchard, John M. Murphy, J. "Frank" Wiley, John H. Reilly, and Janet M. Thayer, none of whom had any problem with what Mr. McNeill had done as far as I know. [...]

Mr. McNeill's prohibition means, among other things, that I may not request my own official transcript from the University Registrar when I require it for job or graduate school applications. I may not communicate with the Career Services Center, Career Services at the Psychological Services Center, or seek references from faculty and staff at the university with whom I had good relationships. Mr. McNeill's made it much as if I never attended the University at Albany; all that time and tuition, effectively stolen from me. [...]

Mr. McNeill's prohibition means I may not communicate with the University at Albany Council, which is intended to be "an oversight Council" and which is appointed by the Governor as mandated by N.Y. EDUC. LAW § 356. For UAlbany students or alumni to be prohibited to communicate with an oversight body for UAlbany strikes me as extremely problematic. Since Regent Jackson is on that council, it also means that University at Albany Assistant Vice President for Student Success McNeill forbade me to communicate with a member of the New York State Board of Regents; it's why I've left Regent Jackson's e-mail address out of the addresses for this e-mail. Mr. McNeill threatened me in writing that there could be a lawsuit if I violated the prior restraint he'd imposed on me without any due process. Regent Jackson is probably unaware of the prohibition on my communicating with him, unless Mr. Philip or SUNY central administration informed him.

It's all quite overwhelming, and even to some degree scary that state university officials would be behaving with such disregard for the law and constitutional rights. Add to that problems with firearms violations by UAlbany's Police Department, which had also been failing to maintain their Sexual Offender Registry properly for years to such an extent that they'd wound up with two different ones, both mismanaged, etc. and the administration seems as lawless as the "Kegs and Eggs riot" already indicated too large a percentage of the student body to be.

Might you indeed be able to help me? At least by informing me what law enforcement agency has jurisdiction over SUNY police? Newly-appointed SUNY Commissioner of University Police R. Bruce McBride, former SUNY Director of University Police David Schindler, and former SUNY Assistant Vice Chancellor for University Police and Public Safety Roger Johnson have all been unwilling to inform me what police department would have jurisdiction, i.e to whom J. "Frank" Wiley, Christine A. Bouchard, George M. Philip, and others could be reported.

It's not merely a question of helping me, but my family, my friends, students at SUNY, faculty and staff at SUNY, and New York State taxpayers, what with such grossly illegal and unconstitutional retaliation occurring in writing, and such serious safety and security issues as firearms violations and failure to maintain the Sexual Offender Registry going unaddressed. Incredibly, at the root of all this, they're protecting a visiting assistant professor who has failed to achieve tenure in his fifteen or so years at UAlbany, who published a book review a decade ago and seemingly nothing else before or since, and who does not appear to have ever engaged in research.

There's not as much hearsay involved as you might think. There are many witnesses to the professor's actions, but I was prohibited to communicate with them by Mr. McNeill. Some of the professor's actions are documented in writing, and the nature of UAlbany's and SUNY's responses to the things I'd reported about him is extensively documented in writing. That they'd retaliate so viciously on behalf of someone who appears to be just taking up space in a department, someone they could dismiss at any time even apart from everything I'd reported him for, is what had prompted me to look into problems there deeper. If I'd been granted academic accommodation when I'd first requested that upon reporting his academic dishonesty and sexual harassment, I'd never have uncovered all the other problems I found.

Instead, the department chair forced me to remain in that professor's class, continuing to be subjected to his unprofessional, offensive, and increasingly alarming behavior as a condition of receiving my degree, joining the graduating class, the Alumni Association, etc. That might constitute both hazing and quid pro quo sexual harassment - and it was the chair of the University at Albany's Presidential Advisory Council for the Prevention of Sexual Assault who had refused to grant me that academic accommodation and forced me to remain in such a class with such a professor.

Governor Cuomo has stated, "the safety of our students and the security of our campuses is our top priority" http://www.governor.ny.gov/press/091412stmtsunythreats I hope you feel the same way; safety and security do not even appear to be on the radar for far too many people at SUNY.

Thank you for any help you can provide,

Christopher Korey Philippo

-

"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."

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