The next time President Obama touts a new higher education plan, look around. You’ll likely find Nancy L. Zimpher in the background.Zimpher, the chancellor of the State University of New York system, has become the White House’s go-to college president.
The love reached new heights Thursday, when Zimpher was picked from nearly 100 college presidents at the White House to brief the press corps with Press Secretary Jay Carney. “I think you’d make a great White House press secretary,” Carney joked as Zimpher stepped down from the podium. [...]
A new agreement to better prevent campus sexual assault? Forged between the Education Department and, yes, Zimpher’s SUNY.
Nelson, Libby A. "Meet Obama’s favorite college leader." Politico.com. January 17, 2014. http://www.politico.com/story/2014/01/barack-obama-nancy-l-zimpher-102326.html
"Forged" is definitely the right word. The agreement between the U.S. Department of Education and SUNY is a fraud. Likewise, there's no doubt a career liar would make a great White House press secretary.
From: Christopher Philippo [...]
Subject: SUNY correcting handling of sexual harassment/violence complaints w/victims & witnesses?
Date: January 14, 2014 at 4:33:42 PM EST
To: Chancellor Nancy Zimpher <chancellor@suny.edu>, [Rape, Abuse & Incest National Network], [Students Active for Ending Rape], [End Rape on Campus], [GunFreeKids.org], [Americans for Responsible Solutions], [American College Health Association], [Sexual Assault and Violence Education by Students], [Katherine Seymour], [Steven Janosik], [Dennis E. Gregory], [University Risk Management and Insurance Association]
State University of New York Chancellor Zimpher:
With respect to the agreement between the U.S. Department of Education’s Office for Civil Rights (OCR) and the State University of New York (SUNY) concerning the handling of allegations of sexual harassment and sexual violence:
“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.”I realize SUNY was given a certain amount of time to respond, but as yet I haven’t even been given any indication by SUNY system administration of what it is doing or will do. Threats sent to me and my family by people at SUNY Albany to whom I’d reported academic dishonesty, sexual harassment, and retaliation, threats which continued even after I graduated summa cum laude, have not been retracted or redressed. I cannot speak for other victims and witnesses, but I would suppose it at least possible that they don’t appreciate being kept in suspense by SUNY system administration about how the improper handling of their sexual harassment/violence complaints will be addressed. I know that to be true of myself, at least.
In addition to that matter, another that is arguably related:
"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
Ms. Zimpher, as I noted to you previously in the e-mail “official word on SUNY Police & firearms violations?” May 17, 2013 5:24:06 PM EDT, it’s unclear as to why Karl Luntta would not be sure about such a matter:
"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
Official word from SUNY system administration (not merely at the campus level) is definitely called for in an instance such as a firearm on a state campus, even at this late date. A false police report filed by a visiting assistant professor subsequent to his having been reported for academic dishonesty, sexual harassment, and retaliation: that really requires some kind of official word as well - as does the following:
“[Matthew Griffin, SUNY Albany Police Chief Firearms Instructor] has been with SUNY police since March 1997 and was promoted to investigator in 2003. He said Knoebel told him in April that she was considering filing for divorce from her husband, Kenneth, who also was arrested on marijuana charges. Griffin said at that time he advised her to bring any guns she had at home to the police station for safekeeping because a divorce could trigger ‘emotional’ reactions."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
Mr. Griffin’s advice seems to run directly contrary to something noted by the FBI, that “Risk factors at times associated with potential violence include […] bringing weapons onto a work site; […] breakup of a marriage or romantic relationship; other family conflicts; financial or legal problems; or emotional disturbance.”
Rugala, Eugene A. and Arnold R. Isaacs, Eds. Workplace Violence: Issues in Response. Quantico, VA: Federal Bureau of Investigation.
That he feared she might use her weapons in an emotional disturbance brought on by the breakup of a marriage and that he would have encouraged her on that very basis to bring all her weapons onto a state university campus makes no sense whatsoever: it runs contrary to even the most basic common sense. His subsequent actions are likewise inconsistent with a law enforcement officer.
"In a sworn statement given to State Police on May 19, a fellow SUNY investigator, Matthew A. Griffin, said that Knoebel had called him on May 17 and asked him to remove two pistols from her locker at the UAlbany police headquarters. "He said Knoebel was comfortable storing her departmental weapon in a police armory safe but she asked him to take another gun, a .25-caliber Ravens Arms pistol, to his private residence for safekeeping. "Griffin said he did not know at the time that Knoebel was facing imminent arrest on federal drug charges. He told State Police that he only learned of those charges the following day, May 18, after he had already returned Knoebel's unregistered handgun to the police station and logged it in as evidence."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: B1. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=15255123
Mr. Griffin would presumably have known that neither the Raven Arms .25 nor the departmental weapon should have been in Ms. Knoebel's personal locker. “Firearms on State-operated Campuses” §§ II (C ) and V (A); 8 NYCRR § 590.4; and the SUNY Police Manual § 75.21 seem to indicate that all firearms should be kept in the university police arsenal, tagged. "Firearms on State-operated Campuses" §II (D) and 8 NYCRR § 590.4 would seem to have prohibited him from removing them, unless he'd been designated by the chief administrative officer in writing? SUNY Police Manual §§ 70.01 and 70.04 would also seem to have prohibited him from, after having secured the Raven Arms .25 in a safe at his own home, from removing it, from bringing an unregistered firearm back on campus, and from logging it in as evidence himself. Those sections seem to indicate he should have called the police with jurisdiction over his home and turned it over to their custody at his home.
Both Mr. Griffin and Ms. Knoebel presumably knew the reputation of guns such as the Raven Arms .25:
"This type of handgun, commonly known as a 'Saturday Night Special,' presents particular problems for law enforcement officials. Saturday Night Specials are generally characterized by short barrels, light weight, easy concealability, low cost, use of cheap quality materials, poor manufacture, inaccuracy and unreliability. These characteristics render the Saturday Night Special particularly attractive for criminal use and virtually useless for the legitimate purposes of law enforcement, sport, and protection of persons, property and businesses" (1153-1154) [emphasis added].Kelley v. RG Industries, Inc., 497 A. 2d 1143 - MD: Court of Appeals 1985. http://scholar.google.com/scholar_case?case=4146105566330191972
That case goes on to cite prominent individuals' testimony at Senate hearings, for example, "Patrick Murphy, Police Commissioner of the City of New York, added […] 'There is absolutely no legitimate reason to permit the importation, manufacture, or sale of these weapons, or their parts. They are sought only by people who have illicit motives, but who may have some difficulty securing a better gun. No policemen, no Army officer, no security guard, no businessman or merchant, and no sportsman would purchase one of these weapons for any lawful purpose’” (1154 n. 10) [emphasis added]. Even the National Rifle Association does not like such guns: “Maxwell Rich, Executive Vice President of the National Rifle Association, testified in Senate hearings that: '[Saturday Night Specials] have never to my knowledge been accepted for advertising in our official journal, the American Rifleman. Our reason is that they have no sporting purpose, they are frequently poorly made, and they do not represent value received to any purchaser.’” (1154 n. 10) [emphasis added]8 NYCRR § 590.6 (b) states “Any violation of university regulations or procedures governing firearms, rifles, shotguns, airguns or other weapons on campus shall be cause for administrative and disciplinary action”. “Shall” is what I understand to be a legal imperative. As far as I know, Matthew Griffin has not even been censured for encouraging a coworker he believed to be potentially emotionally unstable to bring all her weapons onto the SUNY Albany Campus - a campus which has had at least one shooting and at least two disappearances of students - and then hid his coworker’s weapon at his own home no questions asked while she was under investigation by the State Police and the Drug Enforcement Agency, and then brought the gun back on campus again and logged it in as evidence despite being an accomplice. His violations of policy, law, etc. are literally inexcusable: SUNY Police Manual § 15.09 "Every member is required to establish and maintain a working knowledge of laws, local ordinances, the rules and policies of the university and the department, and orders of the department. In the event of improper action or breach of discipline, it will be presumed that the member was familiar with the law, rule or policy in question and will be subject to possible disciplinary action.” http://www.suny.edu/sunypp/docs/364.doc
Ms. Zimpher, not including benefits and perks, you appear to be paid almost four times as much as State University of New York Chancellor as the New York State Governor, despite being responsible for far less:
SUNY Chancellor Nancy Zimpher$685,960
http://new-york-employees.findthedata.org/l/2282410/Nancy-L-Zimpher
NY Governor Andrew M. Cuomo
$178,377
http://new-york-employees.findthedata.org/l/1966577/Andrew-M-Cuomo
Under your leadership, the University at Albany Police weren’t even maintaining their sexual offender registry:
• 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 of the 2011 report, 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 obvious error has been retained in the 2012 report on page 58
The inexcusable, obvious problems with the sexual offender registry seem to have been addressed in large part, if not solely, due to my repeatedly reporting them at the local, county, state, and federal level over a course of several months. The salaries of the sixty or so members of the SUNY Albany Police along with the department’s budget evidently don’t cover such basic responsibilities as properly maintaining a sexual offender registry? Wasteful spending seems to abound at SUNY: “Citing a report by the SUNY Police Officers Union, [NYS Senator] Klein’s investigation last year estimated that centralizing the SUNY police force could potentially save New York State at least $3 million in the next year, while also making the SUNY police force more effective.”
At the root of all this, I’d reported a mere visiting assistant professor [Michael W. Barberich] for academic dishonesty, sexual harassment, and retaliation. More has been done to assist his retaliation and obstruct justice than was done for the SUNY Albany Classics chair who committed plagiarism yet escaped punishment for over a year while more and more people around the entire world learned of the scandal: "The Case of Louis Roberts" http://www.hnn.us/article/588
When will students be given the education they paid for, not an education in how highly-paid administrators have little or no concern for students’ safety and rights?
Christopher K. Philippo
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"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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“Make you the world a bit better or more beautiful because you have lived in it.” - Edward W. Bok
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