Sunday, March 30, 2014

"[Michael W. Barberich] must have issues of some kind to be acting the way he does, right?"

"The Faculty Senate of the University of Wisconsin at Whitewater has responded to a controversy over a surreptitiously obtained classroom video of a guest lecturer lambasting Republicans by moving to bar students from recording and disseminating such footage. [...]

"Kyle R. Brooks, the freshman who recorded the video that triggered the controversy, expressed frustration that the institution had responded to his producing the video rather than what it depicts: a guest lecturer denouncing many Republicans as racist, classist, sexist, homophobic, and dishonest.

"'People should have been upset that he came into the classroom and said that,' Mr. Brooks said, 'but instead they were upset that I recorded it and made it public.'"

Schmidt, Peter. "Campus Stung by Controversial Video Moves to Ban Recordings in Class." Chronicle of Higher Education. March 28, 2014. http://www.chronicle.com/article/Campus-Stung-by-Controversial/145595/

I get that classroom recordings can sometimes be a problem or be seen as a problem. I sympathize with Kyle R. Brooks to some extent: UAlbany's Vice President for Student Success Christine Bouchard evidently vociferously defended the free speech rights of even such as the Westboro Baptist Church and the free speech rights of Jim Deferio (see http://minervawept.blogspot.com/2013/08/speechless.html) while being OK with SUNY Albany threatening me and my mother for my having reported academic dishonesty, sexual harassment, and retaliation to the point of even threatening me not to communicate with anyone at the university other than chronic liar, threat-writer, and professional incompetent Clarence L. McNeill. Quite a double standard, or maybe it's not because Bouchard shows she's rather consistent about the kind of speech she'll staunchly defend (homophobic hate speech) and the kind she despises (the reporting of academic dishonesty, sexual harassment, and retaliation at SUNY Albany). If she's not a member of the Westboro Baptist Church, she wouldn't have trouble finding a home there.

However, banning classroom recordings can be problematic.

When I'd asked then-Communication Department Chair Jeanette Altarriba about whether Michael W. Barberich's lectures were being recorded (so that I could provide her documentary evidence of his academic dishonesty and sexual harassment rather than just my testimony), she wouldn't even give me a straight answer.

CKP to Jeanette Altarriba, November 9, 2011 11:11 AM:

"Does [Michael W. Barberich], or do any of his TAs, record the class? Or had he given permission to any students to record the class? If so, he should have mentioned that when you said there was no recording of the class, it seems to me. It would have helped if there were a recording."

Jeanette Altarriba to CKP, November 9, 2011 3:55:32 PM:

"To my knowledge, the class is not recorded, but the recording of a course is not typical. It would involve some express permissions by students and instructors and express statements as to what can/cannot be done with those recordings. Signed statements are best, in this regard, ahead of time."

CKP to Jeanette Altarriba, November 21, 2011 10:24 AM

"If he gave permission to a student or students to record the class, or if he or any of his TAs do so, you could hear his jokes for yourself if you have any doubt about what I'm telling you. It seems to me you must doubt it, or otherwise it seems to me you would have acted more decisively to put a stop to what he's doing."

Jeanette Altarriba to CKP, November 21, 2011 10:30:41 AM:

"As Chair of the Department of Communication, I do not take lightly any comments or reports from in-class behaviors that offend students or otherwise make them uncomfortable. As you brought issues to my attention, they have been addressed through internal mechanisms to do so."

CKP to the so-called Office of Diversity and Inclusion misled by Title IX "Coordinator" Tamra Minor, December 3, 2011 1:14 AM, excerpts:

"Can professors make jokes about sexual penetration, pornography and violence against women? Can department chairs defend professors who do that? Do students have to remain in such a class when they don't want to, but need the class to graduate and are given no other option, even when they repeatedly ask for help? [...]

"On October 27th I asked a professor I knew in the Women's Studies department [Janelle Hobson] if I should report the joke to your office as well. She wrote back on the 28th in part 'Give him a chance to apologize or acknowledge offense before taking it to the ODI. You don't really want to take it to that level unless you think his behavior will cause discrimination to you or someone else.' [He didn't ever apologize or acknowledge offense: far from it - he kept engaging in such behavior and retaliated against me for reporting it] [...]

"What happened after the chair [Jeanette Altarriba] spoke to the professor [Michael W. Barberich] about the sexual penetration joke he'd made? Did it stop?

"It didn't stop. [...]

"I mentioned the joke he'd made about how we could shock one of his TAs until she screamed. She [Jeanette Altarriba] didn't reply. That was really disheartening. The encouragement she'd originally given me, the seriousness with which she had seemed to be treating the matter, now seemed to be so much smoke blown in my face, a way of getting me out of her office and dropping the issue. The issues I'd raised 'have been addressed through internal mechanisms,' she wrote me, a bit of empty bureaucratic writing if there ever was. She'd defended him as doing his best,' thus denying that I'd raised any issues, putting me down as expecting 'perfection.' And worst of all, nothing had changed, things had only gotten worse: how things been 'addressed' if nothing had changed?

"I e-mailed the Women's Studies professor [Janelle Hobson] I'd e-mailed earlier, telling her about the other jokes he'd made, including the one about how we could shock one of his TAs until she screams. Had it reached the point where I could contact the ODI, I asked?

"I didn't receive a response [from Janelle Hobson]. That was disheartening too, and a couple other people I have respect for that I'd e-mailed for advice, people who had been responding to me up until then, also greeted my e-mail about that with total silence [...]

"I've continued to force myself to go to the class, only because I absolutely have to [the chair wouldn't let me drop it], because the department chair tells me that it's almost over, because nobody will stop these things from happening and I don't seem to have any real options, haven't been given any, haven't gotten the help I so desperately need. I would drop the class in a second if it weren't required, even though I can't really afford to lose the tuition money, even though I would hate to have to stay at UA another semester to make up those credits somewhere else if I were permitted. Despite the majority of my professors at UA being good or even great (despite the chair mocking the idea of quality professors), the chair feels this situation is acceptable for a student to endure, for me to endure. Would you agree?

"In a way the chair's lack of expressed concern, the lack of real change, has bothered me as much or maybe in some ways more than the professor's behavior. When people in a position to do something turn their back, or do nothing: that really hurts. It is a stab right to a person's heart and soul. What good is power if it can't be used for good?

"Other professors at UA, at other colleges, retired professors I know, friends, family: some of them have repeatedly warned me that by pressing these issues I will make a 'target' of myself [for retaliation]. I e-mailed the chair mentioning that, and she said those people were giving me bad advice, and that I'm not a 'target.'

"One professor who I've communicated with for years [William Husson], I'd been informing about what's been going on, and he told me in private that he feels uncomfortable being told about those things by me. He works with [Michael W. Barberich]; he's not friends but is friendly with him, and he doesn't want to feel like he has to pick sides, and wanted me to stop discussing it with him. [...]

"it was disheartening. Nor wanting to hear about it, wanting to maintain the status quo: that is taking sides, in a way. And it's saying in effect, 'he's a good guy, I don't want to hear anything he's doing that's wrong that would make me change my opinion.' Others have advised me in no uncertain terms, 'drop it.' Or 'handle this after graduation, while you're not still in a class with him where he's in a position of power over you,' which of course he currently is. He could give me a bad grade, or fail me, or have me disciplined, or perhaps expelled, hurt me any number of ways, or so it seems to me. [I didn't expect he'd file a false police report about me claiming I was some kind of active shooter, but on December 6, 2011 he did.] Or people say variations on those, things like (to paraphrase): 'that doesn't sound like him,' 'maybe you're losing sight of everything he does right!', 'nobody's ever reported him before,' 'think about what reporting it would do to his career,' 'worry about what he could do to you: he will fight, he will retaliate, and I can't tell you exactly what he will do to you because I don't know.' The man's behavior already scares me as it is; the defense of him by the chair [Jeanette Altarriba] scares me; these warnings dismay me and scare me even more.

"Is it any wonder he (or anyone like him) hasn't been reported before, when so many voices are quick to do their best to discourage the reporting of terrible acts. Maybe other people HAVE tried but were successfully discouraged. I have an e-mail from a couple years back that another adult learner at UA sent me that said this professor's class had reduced her (like me) to tears, and that she only got through it because of the kindness and support of another professor she had that semester [a professor who's since left UA]. Like me, she was grateful for the quality professors at UA; they deserve more recognition! [...]

"I've expressed an interest to the chair in having his class recorded, or having someone come to observe it, so that I am not all alone in what I'm honestly reporting. There's so many reasons why other students might not: they're young, busy, working, fearful, accepting: who knows. [...]

"I'm being beaten down for trying to get help, not just for me, but for the other students, for future students. In a way even for the professor [Michael W. Barberich], who must have issues of some kind to be acting the way he does, right? It's absolutely, completely terrible and I would not wish it on anyone. No student, not a single one, should have this experience at UA, or anywhere else for that matter.

Middle States Commission on Higher Education's odd ideas regarding accreditation

"Accreditation in the United States is a form of quality assurance for higher education [...] Accreditation means that the for-profit is a 'real' institution of higher education [...] I just served on a committee for my institution's re-accreditation by Middle States, and I can tell you, we didn't just mail it in." Kevin Kinser, University at Albany, State University of New York

http://www.higheredjobs.com/HigherEdCareers/interviews.cfm?ID=237

Yeah, right.

"I'll go back to the way accreditation is organized. It is supposed to be a self-assessment and assumes that the institutions involved have a mission that supports quality instruction. This means that if an institution doesn't care about quality, but only wants accreditation, it would be pretty easy to fake it for the accreditation purposes. I think this is one of the biggest problems facing accreditation right now. It wasn't set up to ferret out deception." - Kevin Kinser, University at Albany, State University of New York

That much he did get right.

Making complaints to the Middle States Commission on Higher Education is fairly pointless. If MSCHE learns of crimes committed by universities they have accredited, evidently they will not revoke accreditation or help see to it that the guilty parties are prosecuted. Instead, they will help the university evade prosecution by (supposedly) bringing them back into compliance. What's the point of accrediting universities if accreditations cannot be lost, and are so meaningless?

The Middle States Commission on Higher Education also burdens complainants by requiring them to detail every single one of their complaints at once. In the case of SUNY Albany, that's an awful lot: a book's worth, conservatively. MSCHE will knowingly permit universities they've accredited to continue to violate 1-14 accreditation standards until such time as the complainant they've given a nearly impossible task can detail every single complaint.

I'd provided proof to MSCHE of failures on the part of SUNY Albany to comply with accreditation standards on a number of occasions. In an May 26, 2013 at 4:08:07 PM e-mail to Christina D'Argenio, Executive Assistant to the President Middle States Commission on Higher Education, I'd provided evidence that (among other things) SUNY Albany's Police had mismanaged their sexual offender registry, that I'd reported it to SUNY System Administration, that SUNY's Compliance Administrator and Special Assistant to the Senior Vice Chancellor and General Counsel Nedra Abbruzese-Werling had tipped people at SUNY Albany that they'd been reported and put them in charge of investigating themselves and she'd complained about non-compliance being reported to her, and that SUNY Deputy General Counsel Office of General Counsel State University of New York Marti Anne Ellermann suggested to Ms. Abbruzese-Werling that she stop replying to reports of non-compliance. Christina D'Argenio, Executive Assistant to the President Middle States Commission on Higher Education replied to the e-mail on May 29, 2013 at 4:17:01 PM, thereby indicating she'd received evidence of violations of MSCHE standards. How much concern she expressed about such things as SUNY Albany Police mismanaging the campus sexual offender registry and SUNY system administration doing little or nothing about that: none.

Standard 4 includes this: "The governance structure includes an active governing body with sufficient autonomy to assure institutional integrity" http://www.msche.org/publications/CHX-2011-WEB.pdf. MSCHE was provided evidence that SUNY Albany has such problems with institutional integrity that it permits their police to mismanage a sexual offender registry, and that SUNY system administration has such problems with institutional integrity that they'll tip off criminals that they've been reported, put them in charge of investigating themselves, and then suggest that no responses should be sent to complainants.

"Standard 6: Integrity

"In the conduct of its programs and activities involving the public and the constitutuencies it serves, the institution demonstrates adherence to ethical standards and its own stated policies, providing support for academic and intellectual freedom."

SUNY Albany and SUNY are severely lacking in integrity. They do not adhere to ethical standards and their own stated policies. As for support for academic and intellectual freedom, where does President of the SUNY-wide judicial administrators group Clarence L. McNeill threatening someone never to contact anyone at the university other than himself fit in with that? Or Jeanette Altarriba refusing to grant academic accommodation to a student, instead forcing the student, as a condition of receiving his degree and graduating, to be further subjected to the unprofessional, offensive, and alarming behavior of a professor the student reported for academic dishonesty and sexual harassment? Or Jeanette Altarriba getting promoted to Vice Provost and Dean for Undergraduate Education after she'd engaged in academic dishonesty, quid pro quo sexual harassment, and retaliation while a department chair?

Standard 9 includes the observation that "institutions, and particularly those with residential populations, should be attentive to a wide range of student life issues, including mental health and safety." How attentive is SUNY Albany to student safety when, for example, their campus police chose not to properly maintain their sexual offender registry?

If anyone can ever accomplish manage to detail every single complaint they have all at once, it's unclear as to whether MSCHE has ever really helped bring a university back into compliance.

That the United States Department of Education and the Council for Higher Education Accreditation would recognize the Middle States Commission on Higher Education as an accrediting body is obscene.

From: Christina DArgenio

Subject: Re: SUNY Albany Police oversight

Date: May 31, 2013 at 4:12:02 PM EDT

To: Christopher Philippo [...]

Dear Mr. Philippo,

Please submit one complaint detailing your concerns about the University of Albany’s alleged non-compliance with the Commission’s 14 accreditation standards (http://www.msche.org/publications/CHX-2011-WEB.pdf) along with compelling, written evidence to support your complaint. Your complaint must be submitted in writing, typewritten or printed from a computer, and sent via US Postal Service or an express carrier such as FedEx or UPS. Be certain to sign your complaint. The Commission cannot accept complaints that are unsigned, or that are submitted via e-mail. Address your complaint to:

President, Middle States Commission on Higher Education

3624 Market Street

Philadelphia, PA 19104

The parameters on how to file a complaint are contained in the following link: http://www.msche.org/documents/HowtoFileaComplaintwiththeCommission.PDF. Please review this document carefully.

Please note that the purpose of the complaint procedures is to ensure that an institution is in compliance with the Commission's 14 accreditation standards, and the institution’s own published policies and procedures, not to settle disputes between individuals and institutions.

The Commission’s procedures on Complaints Involving Member and Candidate Institutions were created to address non-compliance with the Commission’s 14 accreditation standards or an institution’s standards, policies, or procedures. They are not intended to be used to involve the Commission in disputes between individuals and affiliated institutions, or to cause the Commission to interpose itself as a reviewing authority in individual matters of admission, grades, granting or transferability of credits, application of academic policies, fees or other financial matters, disciplinary matters, contractual rights and obligations, personnel decisions, or similar matters. Nor does the Commission seek any type of compensation, damages, readmission, or any other redress on an individual’s behalf.

Should the Commission determine that the University of Albany is in non-compliance with one or more of its standards, the Commission would work with institution to bring it back into compliance.

Lastly, you will either need to get the student’s permission to share his name and circumstances with the Commission or redact his or her name from the complaint.

Please note that neither the Commissioners nor the members of the Commission staff can discuss complaints over the telephone. Everything must be in writing. Should you have any questions, please write to info@msche.org.

Sincerely,

Chris

Christina D'Argenio

Executive Assistant to the President

Middle States Commission on Higher Education

3624 Market Street

Philadelphia, PA 19104

Phone: 267-284-5025

Fax: 215-662-5501

cdargenio@msche.org

>>> Christopher Philippo [...] 5/31/2013 7:16 AM >>>

Again related to Standard 9 (and perhaps others, to be detailed in the complaint), again quoting page 34:

"The quality of campus life often contributes significantly to student learning; therefore, institutions, and particularly those with residential populations, should be attentive to a wide range of student life issues, including mental health and safety"

There's a number of reasons to be concerned about the university's attentiveness to student life issues like mental health and safety. If one needs to report SUNY Police for some reason, it is seemingly impossible to learn to whom one may report them, who has jurisdiction over them. The question is ignored or (as with the Albany County Sheriff's Office) answered with an "I don't know and I couldn't find out"-type response.

If it would be OK, may I submit several distinct complaints? It might make it all more manageable on both our ends.

Christopher K. Philippo

---

"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

MSCHE cannot provide any examples of how it has ever worked with an institution to bring it back into compliance. Perhaps they have never really worked with an institution to bring it back into compliance? That's about the only reason I can think of as to why they'd be completely unable to provide any examples, even non-identifying ones.

From: MSCHE info

Subject: Re: SUNY Albany Alma Mater authorship and history?

Date: December 19, 2013 at 11:40:21 AM EST

To: Christopher Philippo [...]

Dear Mr. Philippo,

The Commission cannot provide you with examples nor is the Commission aware of any civil rights findings against SUNY.

Sincerely,

Chris

Christina D'Argenio

Executive Assistant to the President

Middle States Commission on Higher Education

3624 Market Street

Philadelphia, PA 19104

Phone: 267-284-5025

Fax: 215-662-5501

cdargenio@msche.org

>>> Christopher Philippo [...] 12/8/2013 2:07 PM >>>

On Dec 4, 2013, at 2:19 PM, Christina DArgenio wrote:

Should the Commission determine that the University of Albany is in non-compliance with one or more of its standards and/or the institution’s own published policies and procedures the Commission would work with institution to bring it back into compliance.

Might there be examples on your website or that you could give, not identifying the noncompliant institution(s), of some general and specific ways that the Commission has worked with institutions to bring them into compliance?

Is the Commission working with all the SUNY campuses that the US Department of Education Office for Civil Rights found to be out of compliance in order to help bring them into compliance? http://www.ed.gov/news/press-releases/us-department-education-reaches-agreement-state-university-new-york-address-and-

Christopher K. Philippo


From: Christopher Philippo [...]

Subject: Re: SUNY Albany Alma Mater authorship and history?

Date: December 19, 2013 at 11:42:27 AM EST

To: MSCHE info

On Dec 19, 2013, at 11:40 AM, MSCHE info wrote:

The Commission cannot provide you with examples nor is the Commission aware of any civil rights findings against SUNY.

That’s OK, though I’d asked about “general and specific ways that the Commission has worked with institutions to bring them into compliance”, not about civil rights findings against SUNY specifically.

Thanks for responding.

Christopher Philippo

The Middle States Commission on Higher Education, as can be seen above, had the audacity to claim to be unaware of any civil rights findings against SUNY when their claim was followed by the link I'd provided them to a US Department of Education Office for Civil Rights' press release stating in part:

OCR concluded that grievance procedures adopted by SUNY and/or individual campuses were inadequate to provide for the prompt and equitable resolution of complaints of sexual harassment, including sexual assault and violence. In addition, OCR reviewed 159 individual cases of alleged sexual harassment from four of SUNY’s individual campuses visited during the review (SUNY Albany, SUNY New Paltz, SUNY Buffalo State College, and SUNY Morrisville). OCR determined that the vast majority of these cases involved reports of sexual assault or violence sufficiently serious to create a sexually hostile environment for the affected students. In some of the instances, OCR found deficiencies, including complainants not receiving prompt or adequate investigations of their complaints; not receiving notice of the outcomes of their complaints; not being provided equal opportunities to attend prehearing conferences and/or present evidence and witnesses at the hearing."

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

MSCHE is a joke.

National Advisory Committee on Institutional Quality and Integrity's odd ideas regarding quality, integrity, and transparency

From: "Griffiths, Carol"

Subject: FW: NACIQI and higher education accreditation

Date: October 15, 2012 at 12:55:31 PM EDT

To: [Christopher K. Philippo]

Dear Mr. Philippo,

Your email regarding your concerns about the University of Albany was forwarded to me for a response by Chair Studley. The reason for this is that members of the National Advisory Committee on Institutional Quality and Integrity (NACIQI) can only discuss their work for NACIQI in established public meetings. Members should not receive or reply to communications outside of the meeting protocol. This protocol reinforces that the NACIQI operates in a transparent manner. To reinforce this, I request that you please not contact NACIQI members individually.

Furthermore, and perhaps you are unaware, the NACIQI’s functional authority is to evaluate the operations of accrediting agencies; it does not extend to institutions. NACIQI cannot address your concerns. You may want to contact the school directly with your questions.

Carol Griffiths

Executive Director, NACIQI and NCFMEA

Office of Postsecondary Education

1990 K St., N.W.

Washington, DC 20006


From: Christopher Philippo [...]

Date: October 15, 2012 8:42:20 AM PDT

To: Jamienne Studley

Subject: NACIQI and higher education accreditation

Dear NACIQI Chair Studley,

The University at Albany, under the heading "Accreditation" states in many places (and has done for many years):

"Graduates are recognized by the American Association of University Women."

AAUW had written me, "AAUW does not do accreditations" and furthermore, "the University at Albany had held a membership in AAUW. However, we can’t be certain if that is the reason for the reference".

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

They do a lot of things strangely there:

"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

They're evidently not very careful about reporting sex offenders:

"There are currently three (4) registered sex offenders enrolled or working at the University. The following Information has been released:"

http://police.albany.edu/SOR2.shtml

Typically, when one types a number as a word and then follows it by a digit in parentheses, they'll match.

Following the colon on that page are not three (3), or four (4), but six (6) registered sex offenders. The copyright on the page is 2009. Has it not been updated in three years?

The University at Albany has a second, separate Sexual Offender Registry. That one is problematic too: "There are currently two (2) registered sex offenders enrolled at the University. The following Information has been released:"

However, it then goes on to list three (3) offenders. There's no date, but it looks to be from 2007-2008.

Thank you for any help you can provide,

Christopher K. Philippo

---

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

"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."

"Communications is one of the depts. I view as a real problem" - SUNY Albany CAS Dean John Monfasani

SUNY Albany is so morally, ethically, academically bankrupt that even when I tried reporting sexual harassment and retaliation to the four chairs of the Women’s Studies Department, three didn’t respond.

The one who did, Janelle Hobson, characterized attempts to report sexual harassment as “revenge” rather than an essential right of victims to justice, and she advised me to “let it go and move on” and that by dropping the complaints I would be the “bigger person.” I.e. the "bigger person" than middle-aged white male untenured visiting assistant professor Michael W. Barberich who I’d reported for academic dishonesty and sexual harassment, who had joked about having the class hook up his petite young Asian foreign national teaching assistant to electrodes and shock her until she screams - the one TA out of his five who might not have been writing his lectures and lecture notes for him that he was presenting in class and online as his own work, etc.

Ms. Hobson also wrote that when students report sexual harassment and “feel some kind of retaliation, then drop the class and report the incident to his department chair.” I told her I couldn’t drop the class because the chair of the department refused to grant me academic accommodation and instead forced me to remain in the class continuing to be subjected to the professor’s unprofessional, offensive, and alarming behavior as a condition of receiving my degree and graduating. She evidently wasn’t bothered that a department chair at SUNY Albany would do that, beyond her wishing me “good luck” with it.

Feminism at SUNY Albany: dead? "We CAN't do it!"

My Communication department advisor Jennifer Stromer-Galley suggested that Michael W. Barberich was not a misogynist, but that he was just pandering to the worst elements in the class in an attempt to be liked - which would really not be any better if true. She also warned me that Michael W. Barberich might stoop to anything to keep his job were he reported (quite true), and she warned me that department chair Jeanette Altarriba was friends with the Dean (I think Undergraduate Dean Sue Faerman was meant, not College of Arts & Sciences Dean Edelgard Wulfert) and that if I reported Barberich to the Dean “it’ll go how it’ll go” (i.e. it would not go well for me - and indeed, it did not). Dr. Stromer-Galley preferred that I drop the complaints about Barberich's academic dishonesty and sexual harassment and concentrate instead on further reporting another serious problem at SUNY Albany: how Institute for Teaching, learning and Academic Leadership (ITLAL) was offering professors monetary bonuses to adopt a proprietary group-learning system, a system that SUNY Albany doesn't even use properly, a system which is being used to artificially inflate students' grades and make students, professors, departments, and the university look better than they actually are.

My independent study advisor in the Communication Department William Husson told me that while he was not friends with Barberich (who possibly could be?), he was friendly with him and that he didn’t want to hear about Barberich's academic dishonesty and sexual harassment as he didn’t want to feel like he had to take sides. Except the university essentially requires professors to take the side of students who report sexual harassment to them: "The best thing you can do for the student is to listen to and believe them. [...] The student has the option of having their name released to the Office of the Vice President for Student Success. This report opens the door for the student to receive academic and/or residential accommodations. It does not oblige the student to press criminal or judicial charges. The release of their name is only to provide additional support from the University. If the student is not willing to have their name released, it is still your obligation to contact the Office of the Vice President for Student Success, 518-956-8140, to report that an assault has occurred as well as the general time, date and location of the assault." Professor Husson did not tell me about my options (nor did any other member of the faculty I turned to for help), and as far as I know he did not report Michael W. Barberich's sexual harassment to the Office of the Vice President for Student Success.

Aside from the above issue, a middle-aged white female Communication professor had joked in a class that the class knew that a young, African-American male undergraduate student was prone to premature ejaculation. I guess professors at SUNY Albany can get away with things like that because if it ever gets reported then the person who reports it is too often ignored or threatened.

Another professor in the Communication department let a hijabi Muslim student in the class engage in an off-topic rant about how 9/11 was an inside job, the US government is implanting microchips in infants, and the people in class should all watch the anti-Semitic conspiracy theorist "documentary" Zeitgeist. She let students mock an Australian student's accent and nationality, and laugh at other students who spoke up in class.

Another professor in the Communication department had open book tests - even for the final. On top of them being open book, students could retake the tests if they were unsatisfied with their grades on them!

Distinguished Professor, History Department John Monfasani to CKP, August 1, 2012 at 12:54:35 PM:

"Communications is one of the depts. I view as a real problem. There are others, but the only way things will turn around is if we have an administration that once them to turn around."

Sadly, SUNY Albany has an administration that is pro-sexual assault, pro-academic dishonesty.

John Monfasani to CKP, August 6, 2012 at 3:56:19 PM:

"I would welcome them challenging me about you. I think I could turn this into a cause célèbre, which would be mightily embarrassing to them for the very reasons you give and cause them to throw in the towel."

John Monfasani to CKP, March 17, 2013 at 6:33:45 PM:

"I explained your case to two colleagues, David Hochfelder, who heads Local/Regional History, and Susan Gauss, the chair of graduate students. They both were superficially sympathetic, but made it clear that they had no interest in getting involved. Both are clients of Hamm and probably talked to him, wondering if I was trying to get them into trouble, even though I explained that my purpose was to right a wrong and begin a process which would force McNeil et al. to justify publically and therefore open themselves to questioning as to why you are blocked from even applying to the doctoral program. I was much disappointed, but not surprised, by their self-serving platitudes. I now plan to try a different avenue to get your case looked at again since my colleagues proved to be such cautious time-servers."

John Monfasani to CKP, July 24, 2013 at 12:13:39 PM, after he'd evidently been bought or threatened or given up the interests he once had in academic integrity and justice:

"People tell me that you have been using my name and quoting me in emails you sent out and on websites. Please stop. I tried to help you and what you are doing now can only harm me."

As a member of the pro-sexual assault, pro-academic dishonesty administration he's not helped me and isn't helping anyone else. What good does he imagine he did me other than to make promises to help and not deliver on them?

John Monfasani to CKP, June 26, 2012 at 1:54:06 PM:

"I'm on the Senate Excecutive Committee this coming year. Perhaps, there is something that can be done in respect to profs and administrators."

John Monfasani to CKP, August 8, 2012 at 2:41:14 PM:

"Strange happenings at UA. To my total surprise, I have been offered the position of associate dean of CAS, and I accepted when Dean Wulfert made it clear that she was on the same page with me on improving the scholarly quality of the place. Now this actually means that I have less liberty of action in speaking publicly about you and daring McNeill to do something about it. On the other hand, behind the scenes I am better positioned to ask questions, perhaps get answers, and steer people in the right direction. I'm in harness 1 September on. So it will be early fall before I can seriously start nosing about."

John Monfasani to CKP, March 30, 2013 at 1:58:13 PM:

"I’ve talked to some people here about your case. Will have an important meeting next week. Will you know afterwards where things stand."

John Monfasani to CKP, April 8, 2013 at 9:40:33 PM:

"I’m getting some reaction to my prodding. We’ll see where this goes."

John Monfasani to CKP, April 17, 2013 at 8:34:48 PM:

"Give me a call when you have a chance. I can tell the results of my meeting with McNeil, Murphy, and Reilly"

The results: I was told the University viewed me as a risk because I liked Alfred Hitchcock movies, and that I could apply to the graduate program in history if I asked Clarence L. McNeill's permission to contact that department. I.e. John Monfasani did not change anything and got permission for me to ask Clarence L. McNeill (who responded to my reporting academic dishonesty, sexual harassment and retaliation to him by sending me and my mother threats) for permission to apply for graduate studies at SUNY Albany when John Monfasani and Clarence L. McNeill both know I can't afford graduate studies, would not feel safe on the SUNY Albany campus, and have little faith in academic integrity at SUNY Albany. That's "help"? That's "improving the scholarly quality of the place"?

"SUNY System Administration and each SUNY campus has designated a Title IX Coordinator. No later than March 31, 2014, SUNY will provide certification that each SUNY campus has continued to revise relevant publications disseminated to students and employees to notify all students and employees of the name and/or title, office address, electronic mail (email) address and telephone number of the person(s) designated to coordinate its efforts to comply with Title IX. SUNY System Administration will notify all employees of the same information"

http://www2.ed.gov/documents/press-releases/suny-new-york-agreement.doc

There's a good chance the certification SUNY provides will be as much of a fraud as the agreement itself, as much of a fraud as SUNY Albany's Title IX Coordinator Tamra Minor.

From: "Christopher Philippo" [...]

Subject: ODI responses; retaliation reported to ODI?

Date: July 23, 2012 1:46:54 AM EDT

To: odi@uamail.albany.edu, tminor@uamail.albany.edu, ggabriel@uamail.albany.edu, ljones@albany.edu

Cc: presmail@uamail.albany.edu, nbelowich@albany.edu

You should recall I'd written ODI last year seeking help.

• Can you explain the response I received at that time?

Also, "Community Rights & Responsibilities" ( http://www.albany.edu/studentconduct/Community%20Rights%20FINAL%20CLEAN%2010-28-11.pdf and http://www.albany.edu/studentconduct/appendix-j.shtml ) states:

"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."

However, the Director of Conflict Resolution and Civic Responsibility wrote me that it "would not be reported to [him]." He claimed instead, "That would be ODI."

• Is that correct, that reports of retaliation should NOT be made to the Director of Conflict Resolution and Civic Responsibility, but should be made to the Office of Diversity and Inclusion instead?

Mr. McNeill didn't subsequently update the "Community Rights & Responsibilities" to read that way, so I'm not entirely sure what to make of it all...

I should note that Mr. McNeill must never contact me again; see to it that he does not. Mr. McNeill must also never contact any member of my family again; see to it that he does not.

He'd cc'd my retired mother on an intimidating e-mail with a very intimidating document attachment that he'd e-mailed to me on December 9, 2011. I have not been contacted by him since December 2011, which is a good thing.

However, the December 9, 2011 "'cease and desist' order" that he e-mailed to me and to my retired mother [...] remains in effect in perpetuity, since he did not put an expiration date on it. That remains a problem, as does the University at Albany having a judicial administrator who would to write a student: "This is your final warning. You need to forget [the professor you reported to me for faculty ethics violations, sexual harassment, and retaliation]."

I still don't know if UPD really were notified of the order as it claims, or if they will really "respond accordingly" (whatever that means) if I violate the order as it claims, or if it was really cc'd to Chief Wiley, to the professor I reported for faculty ethics violations, sexual harassment, and retaliation (when the order has the street address I share with my mother on it), or to my Student File as it claims. UPD did not send me the order in response to my Freedom of Information Act/Freedom of Information Law/Personal Privacy Protection Law request, even when I had two separate officers double-check, and when I asked Chief Wiley himself, and when I expressed my belief that the order was "fake."

Additionally, after getting past the hurdle of Associate Registrar Maria Brown claiming my Student File was University property and could not be copied for me due to "copyright implications", I viewed my Student File in the Registrar's Office and the order was not in it. After I got past the hurdle of Registrar Karen Chico Hurst claiming that my Student File could not be copied for me because of FERPA, when she sent my Student File to me after I sent a 1998 Advisory Opinion from the New York State Department of State Committee on Open Government to her, my Student File still did not have the order in it.

Clery Act Compliance Officer John M. Murphy claims that Mr. McNeill now claims he didn't actually CC the order itself to the professor I'd reported to Mr. McNeill for faculty ethics violations, sexual harassment, and retaliation. Mr. Murphy claims that Mr. McNeill now claims he'd only informed the professor I'd reported to him for faculty ethics violations, sexual harassment, and retaliation (while letting me, my mother, my other family, and my friends believe that he had CC'd the professor I'd reported to him for faculty ethics violations, sexual harassment, and retaliation, something we believed because he'd stated unambiguously in black and white on the order that he had CC'd the professor the "'cease and desist' order" itself).

My thought is that the December 9, 2011 "'cease and desist' order" appears to be entirely against University at Albany policy, illegal, and unconstitutional. What do you think?

I must close by noting: I must not experience any further retaliation.

I am very anxious to hear your responses.

Sincerely,

Christopher K. Philippo

None of them responded, of course. Tamra Davis' job as Chief Diversity Officer, Assistant Vice President for Diversity and Inclusion, and Title IX Coordinator seems to be to help suppress complaints of sexual harassment. The quality of her work prior to being hired by SUNY Albany is debatable, as are her credentials:

"[Knowles] further testified that Human Resources Consultant Tyrome Alexander ('Alexander') told him, during the first few days of his tenure, that several OMA executive staff members, specifically, Tamra Minor ('Minor'), Maurice Shipley ('Shipley') and Rose Wilson-Hill ('Wilson-Hill'), were overpaid and undermotivated and that Knowles would have difficulty holding them accountable. He testified that Alexander told him he should get rid of all of them and start over. Knowles checked with Rudd, who told him that Minor was not trained in the area in which she was working. [...]

"[Laurie Johnson] observe that several executive staff members, specifically, Minor Wilson-Hall and Shipley, would always resist and challenge Knowles by either not completing something that he had asked them to do, or by disagreeing with him."

Knowles v. Ohio State Univ., 2006-Ohio-6732. http://statecasefiles.justia.com/documents/ohio/tenth-district-court-of-appeals/2006-ohio-6732.pdf


"Associate Vice Chancellor of Diversity, Tamra Minor, has resigned complaining about a lack of support from the administration. But you probably don’t know that she, like DePaolo, has been promoting anti-black racism on our predominantly white campus. [...]

"[A] student, who we will call 'Omar,' received a letter from Dr. Minor shortly before she left UNC-Wilmington. In the letter, Minor congratulated Omar for getting a GPA of '3.00 or higher during the 2006-2007 academic year.' This was followed by the revelation that 'the Division of Academic Affairs recognizes students of color at our university who excelled in academic performance …' The main problem with this last sentence is the phrase 'excelled in academic performance.'

"Over the last few years in America, obtaining a GPA of 3.0 [generally equated to a B or 85%] has, unfortunately, come to mean something other than that a student has 'excelled in academic performance.' For example, by the mid-1990s, Harvard University saw 80% of its students graduate with the 'honors' distinction. Later, more than 90% of Harvard students would graduate with 'honors' in a given year. [...]

"Omar pointed out another condescending portion of Dr. Minor’s letter, which invited him to an 'Annual Academic Awards Program.' It also encouraged him to 'invite (his) family or other guest to celebrate with (him).' Omar was stunned that the university would throw a party to 'celebrate' the slightly-above-average performance of black (and partially black) UNCW students. He asked why the university could not spend all of the party money on scholarships for the region’s poor"

Adams, Mike. "A (Half) Black Man Can." Townhall. August 6, 2007. http://www.townhall.com/columnists/mikeadams/2007/08/06/a_half_black_man_can/page/full

(Townhall.com is the sort of right-wing website I wouldn't ordinarily cite, and I don't care for a lot of the author's rhetoric, but the above criticisms seem valid.)

"Minor Appointed Associate Vice Chancellor for Institutional Diversity at UNCW." June 29, 2006. http://www.uncw.edu/articles/2006/06/minor-appointed-associate-vice-chancellor-for-institutional-diversity-at-uncw/

"Tamra Minor Named UAlbany's Assistant Vice President and Director of Diversity and Affirmative Action" July 12, 2007. http://www.albany.edu/campusnews/releases_372.htm

"Minor received her [...] master’s in Animal Science from Ohio State University, and bachelor’s degree in Animal Science from the University of Missouri - Columbia." http://www.albany.edu/administration/tamra_minor.php

"Minor obtained her [...] doctorate in consumer/family economics, from The Ohio State University." http://www.albany.edu/campusnews/releases_372.htm

No degree in education administration, diversity and affirmative action, or anything else relevant to her job? It recalls what was stated in the lawsuit in which she was named: "Minor was not trained in the area in which she was working." Wouldn't someone with degrees relevant to diversity, affirmative action, and Title IX have been a better candidate for Chief Diversity Officer, Assistant Vice President for Diversity and Inclusion, and Title IX Coordinator? That's not to say that she might not have obtained some kind of certificates or experience in those areas. However, what compelling reason(s) were there for preferring her application over candidates with degrees in subjects relevant to the job?

Saturday, March 29, 2014

SUNY's so-called "Police": "a very dangerous thing"

SUNY Police were changed from peace officers to police officers in 1999 by L. 1998, c. 424 http://iarchives.nysed.gov/dmsBlue/viewImageData.jsp?id=163150 The NYS Sheriffs’ Association seem to be about the only ones who had the sense to oppose that:

“the bill makes no provision for transition. All SUNY security officers will become Police Officers by the stroke of a pen — even though they never qualified for the position of police officer by civil service examination. The fact is that many SUNY security officers became such because they could not qualify for appointment as Police Officers in police agencies.

“Our other concern pertains to the tendency of campus officials — and their security forces — to create their own standards for applying the State’s criminal laws on campus. As a practical matter, if SUNY security officers become SUNY police officers, other police agencies will be excluded from operating on campus — by custom, by protocol, and by the fact that limited budgetary resources will dictate that local police be deployed to areas that don’t already have their own police available. This will tend to exacerbate the town/gown dichotomy in our justice system. Campus police officers will inevitably be pressured by their campus administrations to ignore certain crimes, or to give certain students immunity from arrest — and the only current check on that, the presence of outside police agencies, will be gone. […]

“Our concern over this bill is increased by the fact that, under the bill, the SUNY police officers would be appointed by a member of the educational bureaucracy who is in no way accountable to the general citizenry. We have always argued that it is a very dangerous thing to give the state’s police powers to officers who are shielded from accountability to the public by multiple layers of appointed bureaucrats, none of whom are chosen by the electorate. The person who controls the police power must be directly accountable to the public or we run a great risk of losing our freedom.”


I think the NYS Sheriffs’ Association proved to be right about most, if not all, of their concerns - which extended to firearms and salaries as well.

Wednesday, March 26, 2014

How not to solve a cold case

Since at least March 3, 2004 the webpage https://www.troopers.ny.gov/Wanted_and_Missing/Missing/view.cfm?ID=7d2586b3-87fc-44bb-b602-52825c71e4f0 https://web.archive.org/web/20120504065637/http://www.troopers.ny.gov/Wanted_and_Missing/Missing/view.cfm?ID=7d2586b3-87fc-44bb-b602-52825c71e4f0 has stated that there is a “Man sought as a possible witness" regarding the disappearance of Suzanne Lyall.


A 2010 article about the case:

Crimesider staff. "Suzanne Lyall Missing Since 1998 After Leaving Her Job." CBS News. May 26, 2010. https://web.archive.org/web/20100529052353/http://www.cbsnews.com/8301-504083_162-20006008-504083.html? appears to indicate that the man had been identified, located, and questioned, in which case he is presumably no longer sought and the webpage ought to be updated.


In the program "Disappeared: Final Exam" http://www.imdb.com/title/tt2321176/combined it was stated that the “Nike Man" was identified in February 1999. It would seem to serve the Lyalls, the public, and the "Nike Man" himself no good to continue to represent him on their website as unidentified if in fact he was identified, located, and questioned fifteen years ago.


Caption: ”February 1999 Albany, NY”

Narrator: “Nearly a year after Suzy’s disappearance, prominent billboards and continued news coverage provoke a solid lead in the case. Investigators have finally found the elusive 'Nike Man', the unidentified customer at the convenience store who police say could have used Suzy’s ATM card.”

New York State Police Senior Investigator John Camp: ”We had numerous, many, many calls. Two or three people identified one particular subject who we located and admitted to us he was the 'Nike Man', that he was in the store that day.”

Narrator: “But after an extensive interview, police are struck with yet another disappointment.”

Camp: “At this point there is no credible evidence that we have found that links him to Suzanne’s disappearance.”

Disappeared: Final Exam http://www.youtube.com/watch?v=zNLyaEGoiow


I’ve made a couple attempts to get the state police to update their webpage for Suzanne Lyall’s case if in fact they did identify the “Nike Man”, but so far I’ve been unsuccessful. If/when the site finally does get updated, at a minimum some kind of press release should probably accompany it so that the information gets corrected everywhere it appears. Ideally, all the places where the information appears would be contacted directly.


There’s quite a few webpages that state that the Nike Man is unidentified:

http://www.charleyproject.org/cases/l/lyall_suzanne.html

http://doenetwork.org/cases/2293dfny.html

http://www.411gina.org/cases/lyallsuzannegloria.htm

http://www.nampn.org/cases/lyall_suzanne.html

http://projectjason.org/forums/topic/442-missing-woman-suzanne-gloria-lyall-ny-03021998/

http://briansdreams.com/2014/lyall_suzanne.html


I understand Marianna Boncek’s 2011 book Gone Missing in New York also states that the Nike Man is unidentified.


I’d guess they were all copying the claim from the State Police website, which makes the failure to properly maintain the webpage for Suzanne Lyall that much more problematic.


I am glad that the State Police have a webpage for Suzanne Lyall, though. The SUNY Police used to have one that they did not maintain (her name was misspelled and they never corrected it) which they allowed to become orphaned (not linked from any active webpage) and they ultimately deleted it. Evidently the SUNY Albany Police are wholly uninterested in encouraging tips that might solve the case; given how notoriously corrupt the SUNY Police are, it’s no wonder.


"SUNY police chiefs serve at the pleasure of the campus president, thus are motivated to keep crime stats down by any means […] SUNY can no longer afford to staff, or overstaff, a body, or overstaff, a body which is subject to inefficiencies, manipulation, cronyism, ill motivation and mismanagement." Peter Barry, VP & Legislative Director of NYS University Police Officers Union Local 1792 of the American Federation of State County & Municipal Employees AFSCME, Council 82 & AFL-CIO. (127-128).

http://www.nysenate.gov/files/SUNY%20Testimony%20pt.%203.PDF


Given the eagerness of some SUNY Albany faculty and staff and SUNY Albany Police (Jeannette Altarriba, Clarence L. McNeill, J. "Frank" Wiley, John Murphy, Tamra Minor, Christine Bouchard, Sue Faerman, John Reilly, Janet Thayer, Susan Phillips, etc.) to ignore victims and witnesses of crimes or to engage in or assist in retaliation against them, and the willingness of other SUNY Albany faculty and staff to ignore that problem, one has to wonder how many witnesses in the Suzanne Lyall disappearance might have been threatened or ignored?

The many lies of Clarence L. McNeill: to the US Dep't of Education's Office for Civil Rights

The many, many lies of “President of the SUNY-Wide Judicial Administrator group” and judicial administrator for SUNY Albany Clarence L. McNeill...

The U.S. Department of Education's Office for Civil Rights (OCR) had evidence that Clarence L. McNeill is a liar when they interviewed him, but they did not challenge him about his lies. Clarence L. McNeill told quite a few whoppers to OCR, and they stupidly let him do so. To give but one:

“The witness [Clarence L. McNeill] stated that he sent the December 2011 cease and desist order to the complainant [CKP] to prevent him from contacting various University staff from the communications [sic] department because he [CKP] had graduated and left the university.”

Clarence L. McNeill never sent me a cease and desist order. He falsely claimed on December 9, 2011 that he had imposed a “’cease and desist’ order” on December 6, 2011 and he falsely claimed that I violated that non-existent cease and desist order. Clarence L. McNeill's buddy John Murphy later claimed McNeill's December 9, 2011 e-mail attachment was a cease and desist order, even though McNeill himself did not make that claim in it. I had not even finished my courses on December 9, 2011: final exams began that day and ended on December 16, 2011. McNeill has a bit of a fetish for lies that don't even try to resemble the truth.

Clarence L. McNeill did not state that his rationale was to “prevent [me] from contacting various University staff from the communications [sic] department because [I] had graduated and left the university.” As a rationale that doesn't even make any sense: alumni are not prohibited from contacting faculty after they graduate.

Clarence L. McNeill is an incompetent, brazen criminal. Presumably he is “President of the SUNY-Wide Judicial Administrator group” and judicial administrator for SUNY Albany because SUNY system administration and SUNY Albany like incompetent, brazen criminals?

The many lies of Clarence L. McNeill: lying to the federal government about sexual harassment and assault

The many, many lies of “President of the SUNY-Wide Judicial Administrator group” and judicial administrator for SUNY Albany Clarence L. McNeill...

"The Director also informed OCR that the Office of Conflict Resolution typically receives complaints from the University Police Department, which the University Police Department has already investigated" (8).

"The Director noted that in theory, if a complaint of sexual harassment, including sexual assault, came to his office first, he would conduct the investigation. He noted, however, that in his six years as Director, he has never received such a complaint first; instead, these are usually referred by the University Police Department” (8 n. 7).

http://www2.ed.gov/documents/press-releases/suny-new-york-letter.doc


Clarence L. McNeill lied about having never received a complaint of sexual harassment prior to the University Police Department receiving it.


I had reported sexual harassment to Clarence L. McNeill, Director of the Office of Conflict Resolution, prior to reporting it to the University Police Department, something he claimed to OCR had never happened in six years. I reported on November 18, 2011 9:51:58 AM that Michael W. Barberich had joked about torturing one of his teaching assistants by hooking her to electrodes and shocking her until she screams. I had subsequently reported more to Mr. McNeill in person, and more in writing "The [October 10, 2011 10AM] one-on-one meeting with Dr. Altarriba in which I reported [Barberich's] act of sexual harassment by making an inappropriate sexual joke in a non-sexual context, which she claimed to take seriously at that time, followed soon after that [October 6, 2011] exchange with Debbie Bourassa."


Those are just a couple examples out of others.

As for conducting an investigation, Clarence L. McNeill did not inform me of one; he obstructed my access to the judicial system and sent threats to me and my family. To include but one for now:


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


Clarence L. McNeill isn't the only liar at SUNY Albany. SUNY Albany's own policies lie:


"Victims shall: [...]

"Be free from any threat of retaliation or other attempt to prevent the reporting of sexual misconduct;

"Be free from unwanted pressure from campus personnel to: [...]

"Refrain from reporting sexual assaults for any reason, including the fear of unwanted personal publicity.


"Sexual assault is a broad term that includes [...] sexual harassment"

http://www.albany.edu/counseling_center/sexualviolence/sexualassault.shtml

The reality:

At SUNY Albany, victims shall:

be subjected to threats of retaliation and other attempts to prevent the reporting of sexual misconduct;

Be subjected to unwanted pressure from campus personnel to refrain from reporting sexual assaults

The many lies of Clarence L. McNeill: threats of retaliation and other attempts to prevent the reporting of sexual misconduct

The many, many lies of “President of the SUNY-Wide Judicial Administrator group” and judicial administrator for SUNY Albany Clarence L. McNeill...

"Retaliation is an intentional act taken against an individual who initiates any sexual misconduct complaint, including stalking or intimate partner violence, pursues legal recourse for such a complaint, or participates in any manner in the investigation of such a report. Any act of retaliation is prohibited and is subject to judicial referral. Information on how to report retaliation is found in Appendix J." [bold emphasis in original]

http://www.albany.edu/studentconduct/prohibited_conduct.shtml


"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." [bold emphasis added]

http://www.albany.edu/studentconduct/27173.php

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

http://www.albany.edu/studentconduct/assets/Community_Rights_FINAL_2-12-13.pdf

http://www.albany.edu/studentconduct/assets/Community_Rights_FINAL_4-1-2013.pdf

http://www.albany.edu/studentconduct/assets/Community_Rights_FINAL_8-23-2013.pdf

http://www.albany.edu/senate/images/CAFFECoR_report_complete(1).pdf

http://www.albany.edu/counselingcenter/report.php

http://www.albany.edu/counseling_center/sexualviolence/report.shtml


"That would not be reported to me."- Director of Conflict Resolution and Civic Responsibility Clarence L. McNeill, "RE: retaliation?" December 9, 2011 12:44:30 PM EST. E-mail from Clarence L. McNeill to Chris K. Philippo


On June 4, 2012 9:13 AM I submitted a FOIL request to UAlbany Records Access Officer Lisa A. Taylor, in relevant part:

"Please email the following records if possible: […] the written University at Albany policy that reports of retaliation should NOT be made to the Director of Conflict Resolution and Civic Responsibility but to some other office"


Ms. Taylor acknowledged the request, but in her June 28, 2012 10:29 AM response she did not provide a written University at Albany policy that reports of retaliation should NOT be made to the Director of Conflict Resolution and Civic Responsibility but to some other office. Presumably she did not include one because there is no such policy and because Clarence L. McNeill had lied when he had written that retaliation would not be reported to him.


Clarence L. McNeill makes threats of retaliation.

Clarence L. McNeill makes other attempts to prevent the reporting of sexual misconduct.

Clarence L. McNeill will not assist in filing a complaint for university disciplinary action, in my experience at least.

Clarence L. McNeill obstructs access to the university judicial system (which is not much of a judicial system).

Albany Times Union's strange relationship w/Freedom of Information, sexual harassment, intimidation & threats

“Jones graduated from the University at Albany with a bachelor’s degree in mathematics and a master's in mathematics education."

Waldman, Scott. “Albany principal put on leave; District officials don’t disclose reason for suspending New Scotland Elementary's Jones." Albany Times Union. February 26, 2013. http://www.timesunion.com/local/article/Principal-put-on-leave-4307095.php

“An elementary school principal who was removed from his post in a deal with the Albany school board has been accused of intimidating and sexually harassing teachers who worked for him. […] Jones would threaten to transfer their jobs if they challenged him, according to state reports, and investigators obtained 'witness corroboration of a severe and pervasive sexually hostile work environment.’ [...] Investigators further state that 'several witnesses confirm... Jones has frightened and intimidated female staff members' and therefore 'failure to report [Jones] may have been reasonable.'"

Santo, Alysia. “Former Albany Principal Gregory Jones accused in bias claim; Board makes deal for his resignation after teachers allege sexual harassment.” Albany Times Union. March 26, 2014. http://www.timesunion.com/local/article/Former-Albany-Principal-Gregory-Jones-accused-in-5349177.php

A UAlbany graduate who went into education administration allegedly having engaged in sexual harassment, intimidation and threats: how is it I'm not in the least bit surprised?
"Jones had been on paid administrative leave from his $127,397-per-year job since February 2013. After the lawsuit was filed this year, Jones agreed to resign by Jan. 31, 2015. Until then, he'll work on special assignment for the superintendent and continue to collect his salary.

"The arrangement, obtained by the Times Union through the Freedom of Information Law, was approved by the Albany school board on March 6. It appears to allow Jones, who began his career with the district in 1994, a chance to acquire 20 years in the teacher pension system."

The Albany Times Union, published by George Randolph Hearst III is able to use FOIL to obtain documents relating to sexual harassment, intimidation, and threats in a public school in Albany County, while the State University of New York at Albany, whose Foundation's Board of Directors is headed by George Randolph Hearst III, obstructs FOIL requests for documents relating to sexual harassment, intimidation, and threats at that public university in Albany County.

King George sez: it's good to be the king.

Sunday, March 16, 2014

"Strengthening Cold Case Probes"

Crofut, Jaired. "Vt. Looks At Strengthening Cold Case Probes." WAMC. February 18, 2014. http://www.wamc.org/post/vt-looks-strengthening-cold-case-probes
New York could really use such an effort as well.

Thursday, March 13, 2014

"You give me that 'juris-my-dick-tion' crap..."

The Student Conduct System is administrative in nature and, as such, is not a federal, state or local court of law where formal rules of process, procedure or technical rules of evidence apply.

"Double Jurisdiction: What does it mean and what are the implications?" http://www.albany.edu/studentconduct/double_jurisdiction.php

Can a university be properly considered a "jurisdiction" when it lacks a "court of law where formal rules of process, procedure or technical rules of evidence apply"? Are there no rules of process, no rules of procedure, no technical rules of evidence, no rules at all?
John Murphy, assistant vice president for student affairs and director of judicial affairs at the State University of New York at Albany, said the majority of cases that come through his office are relatively minor offenses. Cases are referred to city courts, Murphy said, when there exists a 'nexus of community and university interests . usually in cases of drug-dealing, rape or other serious offense.'

"Students often complain that that's a case of 'double jeopardy,' when it's in fact double jurisdiction," said Murphy.

Purdy, Kevin. "When UB Steps In." The Spectrum. March 18, 2002. http://www.ubspectrum.com/life/when-ub-steps-in-1.1393711?pagereq=2

How does the sham "jurisdiction" at the University at Albany operate? Nothing like a real one is supposed to do:
"Lee Kindlon, practicing attorney of Kindlon, Shanks & Associates represents Terra, and has represented many students in the past. […] Kindlon fired off about the methods UAlbany employs during their hearing processes. "Some of his issues are that during the hearing process, the officers who testify against students are not cross-examined, and the officers are also instructed not to comment on questions asked to them by the students.

“'[The officers] come in and give their version of events,' Kindlon said. 'And then when the cops are expected to answer questions from the accused, or the students, the cops are instructed not to answer any questions by the city. So it’s a very, very, very one sided set piece of testimony.’

"Kindlon continued, 'And then instead of the school doing what it should do, following basic standards of due process…basically, if you can’t cross-examine your accuser, since the time Sir Walter Raleigh, that accusers testimony needs to be discarded. However, in SUNY Albany the accuser, the cop, can say whatever he or she wants, and then you’re not allowed to cross-examine that cop.’ […]

McNeill believes the university deals with these situations fairly” (bold emphasis added).

Mineau, Lauren. "Bruised, arrested student alleges police brutality." Albany Student Press Blog. December 12, 2012. http://blog.timesunion.com/asp/2706/bruised-arrested-students-alleges-police-brutality/
University police exhibiting partiality for their employer’s influence by refusing to tell the truth by refusing to answer questions from the public in a hearing would appear to violate several sections of the SUNY Police Manual, e.g.:

§ 50.11 “Members shall be courteous and orderly in their dealings with the public.”

§ 50.12 “Exhibiting partiality for or against a person because of […] influence is conduct unbecoming an officer.”

§ 55.03 “Members appearing before a superior commission, hearing board or any other competent investigating body whose sole purpose is to determine the performance of the member’s official duty that refuses to answer questions directly related to the performance of his official duties, shall be subject to disciplinary action.”

§ 55.05 “Members are required to be truthful at all times whether under oath or not."

SUNY Police Manual https://www.suny.edu/sunypp/docs/364.doc

"Double jurisdiction" seems to be a rare phrase. While it shows up on the UAlbany website about thirteen times, a search for it on Google Scholar in New York Courts turns up no instances of it being used: http://scholar.google.com/scholar?as_sdt=4,33&q=%22double+jurisdiction%22&hl=en A Google Web search turns up about 8,670 results: https://www.google.com/search?rls=en&q=%22double+jurisdiction%22&ie=UTF-8&oe=UTF-8#q=%22double+jurisdiction%22&rls=en&safe=off&start=290

I'll venture a guess that "Double Jurisdiction: What does it mean and what are the implications?" was published without running it by any lawyers with any appreciable legal acumen.