Thursday, October 1, 2015

Clarence L. McNeil & USED on cease and desist orders issued to victims and witnesses

Witness Interview Statement

State University at Albany Case Number: 02-12-2157

[Leading question from USED:]

"The Code of Conduct grants you 'express authority' to enforce decisions, which would include the ability to issue cease and desist notification/orders. Is that correct?

"The witness [Clarence McNeill] stated, 'Yes.' [...]

[USED:] "Have you issued other cease and desist orders to other students?

"The witness [Clarence McNeill] said, 'Yes, of course.'"

Actual definition of a cease and desist order suggests it is something that cannot be issued by a single individual, or outside of a trial of some kind. USED knew no trial to have occurred when they posed their leading question, and did not (could not?) point to any part of the Code of Conduct that grants Clarence McNeill to issue cease and desist orders at all - much less to victims or witnesses.

cease-and-de·sist order

[sēs-ənd-di-zist-, -sist-]

: an order from a court or quasi-judicial tribunal to stop engaging in a particular activity or practice (as an unfair labor practice) compare injunction , mandamus , stay

http://dictionary.findlaw.com/definition/order.html

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