http://osc.state.ny.us/audits/allaudits/093014/13s70.pdf
The above 2014 Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act compliance audit does not appear to have addressed the issues brought to the NYS Office of the State Comptroller’s attention in an e-mail which OSC acknowledged (see below October 2012 e-mails). One of the serious issues: the State University of New York at Albany had not been properly maintaining its sexual offender registry for years.
• 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
Obviously two sexual offender registries should not have been online at the same time, listing different people, both of them with obvious basic mathematical issues (e.g. three does not equal 4 and does not equal six), and both obviously years out of date. On a campus where there are two unsolved disappearances of female students, Karen Wilson and Suzanne Lyall, that is appalling. Are such issues consistent with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act or the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act?
The registry I think now may have html code that automatically updates the year on bottom of the page http://police.albany.edu/SOR2.shtml “© 2015 University at Albany” regardless of whether the registry has actually been updated. The simple suggestion to various parties of an explicit statement on the registry regarding when it was last updated and by whom was not implemented.
It all does raise some concerns…
Unfortunately, it’s hard finding someone in a position to do something about it who also would see the need to do something about it. SUNY Chancellor Nancy Zimpher and SUNY Police Commissioner Paul Berger (who had been a member of the command staff of the UAlbany Police while the UAlbany Police were failing to maintain their sexual offender registry) seem to prefer that campuses not be secure, that students, faculty, staff, and visitors to campuses not be safe. One hopes better people will be appointed someday!
From: MVEDDER@osc.state.ny.us
Date: October 22, 2012 at 10:23:19 AM EDT
Cc: ABROOKS@osc.state.ny.us
Subject: Addressing SUNY Sexual Offender Registry and Clery Act Issues
This is to thank you for your email of October 13, 2012, which raised certain concerns regarding compliance with Clery Act reporting requirements, and other matters, at the State University of New York. We have provided the information you supplied with your email to staff in our State Government Accountability for their consideration with respect to future audit planning.
We would also suggest that you contact officials of the SUNY Central Administration offices with respect to the concerns you have raised regarding the State University of New York at Albany. They can be reached at www.suny.edu, or at
SUNY System Administration
State University Plaza
353 Broadway
Albany, NY 12246
Phone: 518.320.1100
Mary Vedder
Secretary II
mvedder@osc.state.ny.us
OSC, Division of Legal Services
State Government Accountability
(518) 474-5748
From: [Me]Date: October 13, 2012 at 5:26:00 PM EDT
To: contactus@osc.state.ny.us
Subject: addressing SUNY Sexual Offender Registry and Clery Act issues?
Albany County Comptroller Mike Conners wrote me on September 27, 2012 5:36:37 AM that he'd forwarded an e-mail of mine (it is included below) to the NYS Comptroller, but I have not heard back from the NYS Comptroller's Office at all. I had tried sending it to the Comptroller's Office myself originally, but perhaps the e-mail address is not one that is working.
I reported it to the Office of Sex Offender Management / Sex Offender Registry at infodcjs@dcjs.ny.gov but they did not respond. The Albany County Sheriff's Office indicated it's not their jurisdiction, if I understood them. The Albany County Comptroller wrote it's not within his purview. The City of Albany Police haven't responded.
I'm not quite sure where else to try. [...]
From: [me]
Sent: Thursday, September 27, 2012 1:04 AM
To: InfoDCJS@dcjs.ny.gov; investigations@osc.state.ny.us; Comptroller Investigations Web Mail; Conners, Michael
Subject: Sex Offender Registry and Clery Act issues?
I'm not quite sure of the relevant offices, so I'm e-mailing several offices that seem relevant. DCJS because of the sex offenders, NYS Comptroller because of past Clery Act violation investigations, Albany County Comptroller as seemingly relevant jurisdiction.
There's a couple of seemingly-Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act-related issues I wished to raise: (1) contradictory and possibly outdated information regarding sex offenders at the University at Albany and (2) contradictory information regarding who the Campus Security Authorities at the University at Albany are for the purposes of the Clery Act.
1) University at Albany Sexual Offender Registry
"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.
[Other apparent specific issues regarding the above]
2) University at Albany Campus Security Authorities for the purposes of the Clery Act
The Annual Safety Report/Clery Act Report http://police.albany.edu/ASR.shtml on page 58 states "The DCJS Sex Offender Registry site may be found on the web (See the link to the right)". Since there's no link to the right within the PDF that I can see, it seems to be cut and paste from elsewhere, perhaps from the website. Possibly more care should be taken in writing the Clery Act Report, since the NYS Comptroller has after all found that UAlbany has had a number of Clery Act violations in the past.
Another issue regarding problems in relation to the Clery Act: page 21 of that report and also http://police.albany.edu/CSA.shtml (c) 2009 identify the Campus Security Authorities under the Clery Act as:
• Vice Provost for Undergraduate Education
• Professional staff in Student Success except Student Health Center and Counseling Center staff
• Senior staff in the Office of Human Resource Management
• Academic Advisors in Advisement Services Center Undergraduate Studies (ASC/US) and Educational Opportunity Program (EOP)
• Professional staff in Athletics, including coaches
The Coordinated Response for Sexual Assault on page 5 at http://www.albany.edu/counseling_center/sarc/docs/SA%20PROTOCOL%20ammended%2012-10-09.pdf (evidently dated October 9, 2012) identifies CSAs as staff in
• Residential Life
• Student Life
• University Police
• Conflict Resolution and Civic Responsibility
• Athletics
• Undergraduate Studies
• Affirmative Action
The Student Code of Conduct Appendix J at http://www.albany.edu/studentconduct/27173.php (c) 2012 and page 32 of http://www.albany.edu/studentconduct/assets/Community_Rights_FINAL_10-28-11.pdf (evidently dated October 28, 2011) identifies CSAs as staff in:
• Residential Life
• Student Involvement & Leadership
• University Police
• Conflict Resolution and Civic Responsibility
• Athletics
• Undergraduate Studies and Diversity and Inclusion
Residential Life, Student Involvement & Leadership, and Conflict Resolution and Civic Responsibility fall under Student Success http://www.albany.edu/studentsuccess/docs/OrgChart2010.pdf but Appendix J and the Coordinated Response for Sexual Assault identify other offices within Student Success. The Coordinated Response for Sexual Assault and the Student Code of Conduct Appendix J thus seemingly leave out the rest of the professional staff in Student Success that the annual Clery Act report includes. The annual Clery Act report leaves out Diversity and Inclusion http://www.albany.edu/diversityandinclusion/
Which of the three different lists of Campus Security Authorities is the correct one?
It's not clear to me why the Vice Provost for Undergraduate Education (who is also the Dean for Undergraduate Education) would be a CSA while the Dean for Graduate Studies does not appear to be a CSA.
It would be nice if the previous annual reports were available online as well?
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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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