There's a LOT of such motherfuckers working in higher education and government. One would think there should not be any?
Subject: Clery Act Geography with respect to SUNY Albany not being respected?
From: Christopher Philippo [...]
Date: December 3, 2013 at 2:35:33 PM EST
To: "Anderson, Richard" , "Kiang, Gary" , William Howard , Nancy Zimpher , John King , Patricia Fahy , Neil Breslin , "Comments (MAC)" , [SUNY Binghamton President] president@binghamton.edu, [SUNY Buffalo President] president@buffalo.edu, [SUNY Stony Brook President] Samuel.Stanley@stonybrook.edu, [NYS Comptroller Investigations] investigations@osc.state.ny.us
SUNY Albany might not be complying with the Clery Act with respect to “Clery Geography” in its reports. I’ve contacted the Clery Center for Security on Campus separately with substantially the same as much of what follows.
I suspect what Clarence L. McNeill wrote below might be in part technically true if the University at Albany Foundation owns the East Campus property rather than the University at Albany itself owning it. However, when it’s been repeatedly claimed, for example, that SUNY or SUNY campus Foundations aren’t subject to FOIL, they’ve been repeatedly informed by the NYS Department of State Committee on Open Government that they’re wrong about that (see e.g. http://docs.dos.ny.gov/coog/otext/3398.htm http://docs.dos.ny.gov/coog/otext/o4130.htm http://docs.dos.ny.gov/coog/ftext/f17411.html etc.). If the claim that the properties are not owned by the state is being used to justify the lack of a law enforcement agreement or Memorandum of Understanding (MOU) regarding those properties or to justify the lack of SUNY Police presence at those properties, that might be similarly problematic:
"Under the Clery Act campuses are required to report campus crime statistics for certain offenses, hate crimes, arrests and disciplinary referrals to the campus judicial process. In all cases this data must be broken down according to the geographic location of the occurrence of the offense. These locations are defined as the campus 'Clery Geography’ under the Act.
“Clery Geography
“Any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution’s educational purposes, including residence halls;
“Any building or property that is within or reasonably contiguous to paragraph (1) of this definition, that is owned by the institution but controlled by another person, is frequently used by students, and supports institutional purposes (such as a food or other retail vendor). […]
"Any building or property owned or controlled by a student organization that is officially recognized by the institution; or
“Any building or property owned or controlled by an institution that is used in direct support of, or in relation to, the institution’s educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution” (bold emphasis added).
http://police.albany.edu/ASR.pdf (page 8 of 120)
Page 11 of 120 includes the East Campus as part of the Clery Geography, though it is a campus Clarence L. McNeill claims “State of New York, on behalf of SUNY and the University at Albany, does not own” and is a place where Clarence L. McNeill claims “the University at Albany does not have University Police stationed”. One wonders why it is included in the Clery Act report while several other properties don’t appear to be included.
If the University at Albany Foundation owns the main and downtown campuses in Albany, then by Clarence L. McNeill’s reasoning (if that’s his reasoning) there should not be University Police on the main and downtown campuses either. I don’t know who owns those campuses.
So-called judicial administrators with no degrees in law really shouldn’t be allowed to respond to FOIL requests, particularly when the law does not appear to provide any provision for them to do so. Not that I have such a degree, and I could be mistaken on some of the points herein; I’ve only made an amateur study of some narrow points of law - which appears to be one iota more than Clarence L. McNeill has ever done.
One wonders, regardless, whether any police patrol the East Campus, Smart System Technology & Commercialization Center, Dippikill Wilderness Retreat, etc. and if the local police in those areas realize that UAlbany doesn’t. That’s part of why agreements or Memorandums of Understanding (MOUs) would be desirable if not mandatory, I think! If the UAlbany Police can form a MOU with the UAlbany Football team:
"An MOU for a new mentorship program (ATLAS) with UPD and the UA Football team was established."
"Student Success Celebrations." Student Success 2011-2012 Briefing Book. 43. http://www.albany.edu/studentsuccess/assessment/BriefingBook/UAlbany%20Briefing%20Book%2011-12.pdf
… then surely UAlbany can give at least as much attention (ideally: far more) to forming agreements with other law enforcement agencies in places where UAlbany has students, faculty, and or staff:
"the safety of our students and the security of our campuses is our top priority."
"Statement from Governor Andrew M. Cuomo. September 14, 2012. http://www.governor.ny.gov/press/091412stmtsunythreats
The Clery Act report does claim that UAlbany Police may assist with investigations of law enforcement agencies “off-campus” at the East Campus, at Dippikill, etc.:
"Policy on Off-Campus Crimes
"When a University student is involved in an off-campus offense, UPD officers may assist with the investigation in cooperation with local, state or federal law enforcement. The uptown campus sits in part in the Town of Guilderland, but mainly in the City of Albany. The downtown campus is in the City of Albany. The East Campus is in the Town of East Greenbush. The University does not recognize or permit any off-campus student groups, such as fraternal groups or sporting groups, to have official off-campus property with the exception of the Student Association’s Dippikill camp area located in Warrensburg, New York”
http://police.albany.edu/ASR.pdf
Why aren’t the Smart System Technology & Commercialization Center and other properties controlled by UAlbany mentioned? How is the safety of the East Campus and those other properties prioritized - or isn’t it?
"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
"DiNapoli: SUNY Colleges Inconsistently Reporting Crime Statistics"
http://www.osc.state.ny.us/press/releases/oct08/102208.htm
"U.S. Department of Education Reaches Agreement with the State University of New York to Address and Prevent Sexual Assault and Harassment of Students”
http://www.ed.gov/news/press-releases/us-department-education-reaches-agreement-state-university-new-york-address-and-
If the East Campus and other properties can do without SUNY Police, couldn’t the main campus potentially save a lot of money by making use of City of Albany, Albany County, and State police instead?
"there are police chiefs in SUNY who are not mandating policer [sic] officers, certified, whatever. We have police chiefs that refuse to voluntarily give up their fingerprints"
James Lyman, Executive Director of Council 82 for the New York State Law Enforcement Officers Union. (108). http://www.nysenate.gov/files/SUNY%20testimony%20pt.%202.PDF
"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
UAlbany’s Clery Act Compliance Officer is John Murphy. He’d been signing off on the Clery Act reports despite UAlbany’s sexual offender registry having been obviously erroneous and out-of-date for years - so badly mismanaged, in fact, that UAlbany had two separate ones: one dated 2009 and one with no date, but circa 2007-2008. It’s hard to see how UAlbany will ever be compliant with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act as well as the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act as long as the people responsible for such outrageous failures remain employed there.
• 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
For anyone who can count to two without making an error, those are some pretty glaringly obvious problems on each individual registry - aside from the glaringly obvious problem that there shouldn’t have been two different ones online at the same time.
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 https://web.archive.org/web/20130217082407/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 https://web.archive.org/web/20130930073317/http://police.albany.edu/ASR.pdf
If any of you believe that SUNY Albany should continue to employ people who submit false information in reports, who send threats to students or their families, etc. I’d be most curious to know your reasoning.
I remain terribly sorry I didn’t finish a degree at some one of the other SUNY campuses where I’d been accepted years ago. In fairness to SUNY Albany: there are many good students, faculty, and staff there. For that matter, many members of my family have had strong ties to SUNY. It is in part due to such facts that I care so much about the horrible problems that are being permitted to persist at SUNY. If you care not about the threats SUNY Albany sent to me and my family and are content to let those stand without retraction or restitution, at least do something for the sake of other victims and witnesses there.
Sincerely,
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" 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."
From: "McNeill, Clarence L"
Subject: FOIL Request
Date: December 3, 2013 at 11:06:29 AM EST
To: [Christopher K. Philippo]
Cc: "McNeill, Clarence L"
Mr. Philippo,
Your FOIL request of November 27, 2013, a copy of which is below, has been forwarded to me for response. As you may recall, you are to contact me for any issues or requests that you have with the University at Albany.
Regarding your requests for local police agency cooperation agreements between the University at Albany and the Ontario County Sheriff, the Rensselaer County Sheriff, the Rensselaer City Policy, and the Warren County Sheriff, the University has no documents that are responsive to your request.
The State of New York, on behalf of SUNY and the University at Albany, does not own the East Campus property or the property that the Smart System Technology & Commercialization Center is located on or the Dippikill property. As such, In addition, the University at Albany does not have University Police stationed at any of the said properties.
Thank you.
ALL of the people I contacted evidently believe that SUNY Albany should continue to employ people who submit false information in reports, who send threats to students or their families, etc., though NOT ONE cared to supply their reasoning. Presumably it's because they're all motherfuckers?
Being charitably inclined, I gave Nancy "Motherfucker" Zimpher more than one opportunity to prove herself to be something other than what she obviously is, e.g.:
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 [and others]
[...]
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.” http://www.nysenate.gov/press-release/government-efficiency-task-force-probes-suny-wasteful-spending-practices
[...]
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
---
"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
No reply. Crown her Zimpher, Queen of Pedophiles.
