"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

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

Discussion Thread

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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

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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.