Tuesday, November 15, 2016

UAlbany, home of hazing, itself engages in hazing

Another student, who requested to remain anonymous in fear of retaliation from EOP officials, also remembered being put on “lockdown” for 48 hours. She explained that to satiate her need for human contact during those days, she forced herself to make undesired small talk with her EOP Student Assistant (SA).

Matias said her orientation group was put on group-wide “lockdown” twice.

Another punishment is known as “isolation,” and is given to students who commit individual conduct violation such as “showing shoulders,” or wearing clothing that reveals shoulders.

Matias explained that “isolation” was identical to “lockdown” but only for the student who had violated policy. Students on “isolation” in addition to not being able to speak with anyone, are required to remain with the group during free time, but are forced to sit apart from their peers.

Lembo-Stolba, Stefan "'Cult-Like' Atmosphere Found in UAlbany Summer Program." The Asp. October 25, 2016.

http://www.albanystudentpress.net/cult-like-atmosphere-found-in-ualbany-summer-program/

It should surprise no one. Hank Nuwer was quoted in the article commenting about UAlbany. I first wrote Nuwer about UAlbany's hazing problem FOUR YEARS AGO.

Monday, September 26, 2016

"Police Legitimacy," or, how to have conflicts of interest in plain sight and get away with it

2015-16 Diversity Transformation Fund Award Recipients […]

James Acker, J. Frank Wiley, & Robert Worden

Fair and Impartial Policing: A Training and Research Initiative to Identify and Guard Against Implicit Biases Police Training/Implicit Bias

http://www.albany.edu/diversityandinclusion/diversity-transformation-fund-awards-2015-16.php [emphasis added]

There’s AMPLE evidence Wiley’s incompetent and corrupt and it’s not at all hard to find. No scholars in their right mind would work with him. But OK, it seems Wiley and Worden are buds and that their friendship transcends logic, fairness, and impartiality.

When it comes to reaccrediting the SUNY Albany "Police," Worden makes the motion to have his bud Wiley’s corrupt and incompetent police department - at Worden’s own university - reaccredited (rather than, say, Worden recusing himself due to obvious potential conflicts of interest). Motion passes unanimously (perhaps with Worden's own vote?), despite ample evidence it should never have been accredited in the first place. Wiley accepts the reaccreditation certificate. Despite this obvious sham, Worden’s specialty is supposedly matters of police ethics!

[Law Enforcement Accreditation Agency] COUNCIL MEMBERS PRESENT:

Sergeant Louis Dini – Suffolk County Police Department, PCNY

Chief Marvin Fischer – SUNY Police Farmingdale

Chief Mark Henderson – Brighton Town Police Department

Chief Charles Koenig – Ballston Spa Police Department

Sheriff Gary Maha - Genesee County Sheriff’s Office

Deputy Thomas Marano – Orleans County Sheriff’s Office

Sheriff Philip Povero - Ontario County Sheriff’s Office

Supervisor Edmond Theobald – Town of Manlius

Mr. Richard Wells – Police Conference of New York

Robert E. Worden, PhD - Associate Professor, University at Albany School of Criminal Justice

[…]

SUNY Police Albany

Chief J. Frank Wiley

Deputy Chief Jennifer Fila

Deputy Chief Aran Mull

Inspector Jennifer Baldwin

Inspector Paul Burlingame

Captain William Yankowski

*Sergeant Steven Grassmann

[…]

SUNY Police Albany – Dr. Worden made a motion to reaccredit the agency and Chief Fischer seconded the motion. Chief J. Frank Wiley accepted the Certificate of Accreditation and Sergeant Steven Grassmann was awarded the John Kimball O’Neil Certificate of Achievement as the program manager. how to have conflicts of interest in plain sight and get away with it

Motion carried – 11 ayes, 0 nay

http://www.criminaljustice.ny.gov/pio/open-meetings/9-8-2016-leaac/LEACPacket.pdf [emphasis added]

Rob Worden is a political scientist whose research revolves around questions about the accountability and responsiveness of criminal justice institutions to the public. [...] Most of his research has focused on police behavior and police programs and reforms [...] Professor Worden is currently engaged in studies of: (1) police legitimacy, procedural justice, and accountability; (2) police misconduct and early intervention systems; (3) citizen oversight of the police; [emphasis added]

http://www.albany.edu/scj/robert_worden.php

Fair and impartial policing training was afforded to UPD through a grant created by Distinguished Teaching Professor, James Acker and Distinguished Professor Emeritus, David Bayley, and funded through UAlbany’s Office of Diversity and inclusion. UPD is also backed by a research-based component: an advisory committee, chaired by School of Criminal Justice Assistant Dean Diana Mancini and Associate Professor Robert Worden, an expert scholar in criminal justice accountability and responsiveness.

[Wiley said,] "Of course, there is no guarantee there will be public acknowledgement of what we do, but accreditation and our other accomplishments demonstrate that the best possible policing is being done here." [emphasis added]

http://www.albany.edu/news/71079.php

I think the accreditation just goes to show that the accreditation process is seriously flawed! Ask Wiley's victims, those he's threatened, or who he's backed threats against, or those he's chosen not to help, and I think quite a different story would be told. Heck, Wiley's own Assistant Chief had claimed in court that he'd been improperly trained. Setting aside the possibility that the court testimony was false, there's some of that easy-to-find evidence right there.
Paul Berger testified that he has been the Assistant Chief of the UPD since 2002. He is the night commander for the afternoon and overnight shifts. He was aware of the decoy bag operation. He was not aware of the provisions of the Personal Property law prior to the use of the decoy bag on December 13, 2007.

http://vertumnus.courts.state.ny.us/claims/html/2012-032-004.html

As I'd written the former head of the SUNY Police, R. Bruce McBride:

University at Albany Police Department Chief J. "Frank" Wiley was not named in the decision at all, but is brought up here due to some sections of the SUNY Police Manual referring to his responsibilities, including one responsibility specifically for training officers:

§ 1.03 "Chief of the University Police Department, responsible for the command of the department"

§ 5.10 "The chief of university police is responsible for the planning, directing, coordinating, controlling and staffing all of the department activities to include the protection of people, personal property, state property and equipment and the enforcement of laws and regulation within its legal jurisdiction. The chief is also responsible for officer training and documentation of such training." [emphasis added]

How is it that Mr. Wiley had failed to be responsible, for so many years, for training Mr. Burlingame, Mr. Berger, and (one presumes since he's also named in the decision) Christopher T. Farina, and perhaps others?

Wiley had either failed to be responsible for the training of his Assistant Chief, or Wiley had been responsible for the training of his Assistant Chief but failed to have his Assistant Chief prosecuted for lying in court testimony.

"Thank you for bringing this to my attention", McBride had replied, but of course he was not at all interested in rooting out systemic corruption in a corrupt system he'd helped forge....

The State University of New York University Police, in concert with the School of Criminal Justice at the University at Albany, today announced the formation of an Academic Advisory Committee to assist the SUNY University Police in evaluating emerging policies and practices related to law enforcement for the university system.

Police Commissioner R. Bruce McBride said that this is an exciting undertaking in terms of improving University law enforcement services to the SUNY community, especially in light of national police issues related to the use of force and interactions between police and community members. [...]

Members of the Committee include faculty from the University at Albany's nationally ranked School of Criminal Justice -- James Acker, David Bayley (Ret.), and Robert Worden, all experts in community policing.

Joining the academics are State University Chiefs of Police J. Frank Wiley of UAlbany, Tim Faughnan of Binghamton University, Gerald Schoenle of the University at Buffalo, Stony Brook University's Robert Lenahan, and Deputy Commissioner Paul Berger of the SUNY University Police [formerly of the UAlbany Police].

"SUNY, UAlbany Form Advisory Committee to Evaluate Campus Police Practices and Policies." June 11, 2015. https://www.suny.edu/suny-news/press-releases/june-2015/6-11-15-police/suny-ualbany-form-advisory-committee-to-evaluate-campus-police-practices-policies.html
“The way we do policing is fundamentally ineffective,” [Wiley] said.

His suggestions were to create a concrete code of “officer behavior” and a policy to enforce this code, to allow for system complaints, to increase transparency, to conduct climate surveys, and to incorporate direct observations through the use of body cameras. [...]

Dr. James Acker, also a professor at UAlbany’s School of Criminal Justice, was present as well, and spoke about the importance of choosing police officers correctly.

“[The police] are special people because we entrust them with special powers,” he said.

Because of this, he said that we need to look at what qualifications they should meet, what kind of diversity a force needs to be successful, and what kind of training and dialogues the officers need to have to earn the trust of their community. He also said that conversations such as these were beneficial for creating trust and respect on both sides.

“When we do have these conversations, we’ll find that we hold a lot more in common than what separates us,” he said.

http://www.albanystudentpress.net/ualbany-sponsored-police-forum-sparks-discussion-about-community-police-relations/

Mr. Acker seemingly has either never looked into Wiley's credentials or he's aware they're practically nonexistent and he's just being hypocritical. As for "conversations," Wiley's not big into them. He ignores calls for help from the public, refuses to answer journalists' questions, lies when he does speak or write, and is willing to back threats against freedom of speech and facilitate crime. What a sham that forum was!

Tuesday, May 31, 2016

did somebody tip Nancy Zimpher off about an investigation?

She's taking taxpayer's money and running:

http://blog.suny.edu/2016/05/a-letter-to-the-suny-family

It's the SUNY way, sadly.

More than a year after she abruptly left her job as president of the State University of New York at Albany, Dr. Karen R. Hitchcock was Topic A on her former campus yesterday after revelations that she had faced a state ethics inquiry into her actions while she led the university.

Baker, Al and Michael Slackman. "Questions at SUNY Albany on Why Ex-President Left." N.Y. Times. February 26, 2005. http://www.nytimes.com/2005/02/26/nyregion/questions-at-suny-albany-on-why-expresident-left.html

Good riddance to Ohioan Nancy "Systemness" Zimpher, but one does really wish she'd been indicted before resigning. Dannemora would have been a great home for her - about as far from Ohio as one can get in New York.

Monday, May 9, 2016

"take one down, pass it around"

"Ms. Agudio, an exemplary young woman and an excellent student who has never previously been in legal trouble, asks that people not rush to judgment in this matter."

Del Valle, Lauren, with Ray Sanchez and Haimy Assefa. "Upstate NY students who claimed bias attack plead not guilty to charges." CNN. February 29, 2016. http://www.cnn.com/2016/02/29/us/new-york-albany-assaults-pleas/

Being an (allegedly) "exemplary young woman and an excellent student who has never previously been in legal trouble" does not mean that a person is incapable of committing a crime! It also doesn't mean they've never committed one before - perhaps they've never been caught, or never been sentenced, or had a juvenile record expunged. It's true that one should not rush to judgment, though in this case much of the evidence has been publicly available for months. It's perhaps ironic that Ariel Agudio would ask that people not rush to judgment in this matter:

January 29, 2016 post on Twitter about plan to go out underage drinking:

ari [Ariel Agudio]

‏@ariYELLmyname

I really should stay in drink tea, eat soup and cuddle myself tonight but I'll cure myself with shots and dancing instead 😂

11:37 AM - 29 Jan 2016

https://twitter.com/ariYELLmyname/status/693155954808979457?lang=en

January 30, 2016 911 call after getting off the "drunk bus" (misidentified here as the 12) less than two hours later:

ARIEL AGUDIO: Now I’m walking towards Empire but I was just on the 12. Me and my three friends got drunk… ah, jumped. It was a racial crime. They were calling us n[*****] and all this stuff, and if someone doesn’t come? and, and and take this down? or something? I’m going to call the news, because it was ridiculous. They ripped out all of our hair and everything.

https://www.hightail.com/download/ZWJYaUNDeFVubVVVV01UQw

January 30, 2016 posting on Twitter within less than an hour of the incident, within perhaps less than a half hour of the 911 calls, to one of the witnesses who recorded parts of the incident and contradicted her story:

ari [Ariel Agudio]

@ariYELLmyname

@sennypede don't tell me to watch my attitude, I got beat up by 20 people screaming racial slurs. Don't you dare tell me what to do

1:46 AM - 30 Jan 2016

https://twitter.com/ariYELLmyname/status/693369695936888832?lang=en

February 1, 2016 retweeting typical rising politician Marc Cohen:

ari [Ariel Agudio]

@ariYELLmyname

“@MarcCohen_: Massive turnout at the #DefendBlackGirlsUAlbany Rally for social justice ”thanks everyone

6:37 PM - 1 Feb 2016

https://twitter.com/ariYELLmyname/status/694348767043129344

February 1, 2016 UAlbany Professor Schalk live-tweeting the rally:

Sami Schalk

‏@DrSamiSchalk

Black women students sharing list of demands #DefendBlackGirlsUAlbany 1. Expel students who committed violence

3:46 PM - 1 Feb 2016

https://twitter.com/DrSamiSchalk/status/694305941387395073

February 2, 2016 (campus?) police interview:

POLICE: And at no time you heard the N-word or any other, um, racial..."

ARIEL AGUDIO: No, no.

Tucker, Anya and Rachel Yonkunas. "Video of police questioning 3 women accused in CDTA bus assault released." News10 ABC. May 4, 2016. http://news10.com/2016/05/04/video-of-police-questioning-3-women-accused-in-cdta-bus-assault-released/

When one goes back to the January 29th post with the plan to go out and illegally consume alcohol, it's somewhat funny to note that what really seems to have provoked the three women to commit assault was another young woman who'd perhaps illegally consumed alcohol singing about consuming a massive amount of alcohol.
In one woman's statement, it was a passenger's obnoxious singing of "99 Bottles of Beer on the Wall" that got things started.

Lawrence, J. P. “Court, UAlbany documents shed new light on CDTA bus incident; 3 UAlbany students plead not guilty as their statements, UAlbany report surface.” Albany Times Union. May 4, 2016.

http://www.timesunion.com/local/article/Court-UAlbany-documents-shed-new-light-on-CDTA-7393885.php

If only they'd all really been exemplary young people and excellent students!

I still wonder where the underage drunks on the bus might have obtained alcohol.

Tuesday, May 3, 2016

Mishler v. Burlingame, Round 2! Pillow fight: BEGIN!

permissible or not, hearsay evidence (for example, Inspector Burlingame telling the Board what he says someone else says they heard or saw) is not deemed to be very reliable and is not considered to be the best way for a fact-finder to make factual determinations. Both Burlingame and Brennan basically told the Board - - ‘trust me’, ‘I’m an experienced police officer/ administrator’, essentially saying, ‘do what I tell you, because I’m very smart, I have reached a conclusion as to what happened on the bus - although I was not there - and you should accept what I tell you’. That is not really how the fact-finding process is supposed to work.

Mishler, Mark S. "Re: Appeal of Ariel C. Agudio." April 26, 2016. Letter. https://web.archive.org/web/20160504040418/http://www.caami.org/wp-content/uploads/2016/05/Appeal-of-Ariel-Agudio-Mark-Mishler.pdf

Mishler had been up against Burlingame in Abdul-Wahhab v. State of New York, a case Mishler probably could not have lost more badly had he been paid to lose it. See older posts here, particularly "Albany attorney Mark S. Mishler's snow-job" and "'No Justice, No Peace' sums New York up pretty well".

It probably wouldn't have hurt to cite an authority when stating, "That is not really how the fact-finding process is supposed to work"?

Or, how about another student, who in a videographed interview with UPD, in response to a question about whether there were racial slurs used on the bus, acknowledged that some people said they had heard this, and added that the “n” word can be said in a “non-racist” way.

Mishler, Mark S. "Re: Appeal of Ariel C. Agudio." April 26, 2016. Letter. https://web.archive.org/web/20160504040418/http://www.caami.org/wp-content/uploads/2016/05/Appeal-of-Ariel-Agudio-Mark-Mishler.pdf

Above, at least, Mishler comes closer to making a good point - though he elsewhere criticized hearsay, and a witness agreeing with the interviewer that some people said they heard racial slurs certainly sounds like hearsay as opposed to a witness statement volunteering the clear information "I heard racial slurs. What I heard was: [x]."

Can "the 'n' word can be said in a 'non-racist' way"? I think Larry Wilmore, who said it to the President of the United States, would say yes, it can be, though in many (most?) contexts it has been said in a racist way. Was the witness stating that word had actually been used, though? From Mark Mishler's description of the statement, it would seem not.

Mishler also dropped the ball in contrasting that particular video with a statement by UPD's "Chief":

“We took this incident very seriously and did a thorough and careful investigation,” said UPD Chief J. Frank Wiley. “The evidence shows that, contrary to how the defendants originally portrayed things, these three individuals were not the victims of a crime. Rather, we allege that they are the perpetrators.”

“I especially want to point out that what happened on the bus was not a ‘hate crime.’ We spent a great deal of time carefully reviewing the audio recordings to determine whether any racial slurs were used. The only person we heard uttering racial epithets was one of the defendants. And it is important to note that no witness reported hearing any racial slurs directed at the defendants. And those witnesses were people from a variety of racial and ethnic backgrounds” (emphasis added).

http://www.albany.edu/news/images/University-at-Albany-Police-Department-Incident-02770-16.pdf

While J. Frank Wiley is both incompetent and corrupt, if he was lying about ALL witness statements denying that ANY racial slurs were directed at the three women, one would hope one of the witnesses would have come forward to contradict him by now. If he was lying, one would hope that the defense attorneys in the case would call him out for lying and present their proof.
From: [Me]

Subject: UPD Officer Nagy, named as arresting officer of Alexis Briggs

Date: February 25, 2016 at 11:07:48 AM EST

To: Masai Andrews [...]

If Mark Mishler becomes the lawyer for the three women, I’ll be disturbed by that. Mishler’s lost at least three cases for UAlbany women against UPD; for the last one of which I’m aware see ABDUL-WAHHAB v. THE STATE OF NEW YORK, # 2012-032-004, Claim No. 116205 http://vertumnus.courts.state.ny.us/claims/html/2012-032-004.html

So, Masai, why haven't you taken issue with Mark Mishler handling the UAlbany bus incident case, given his record and the fact that he's employed by UAlbany, etc.?

Monday, April 25, 2016

James Hockenbury, UAlbany's UKids, and crime tips about pedophiles going ignored?

48-year-old James Hockenbury faced a judge on those charges and also confessed in graphic detail to police in a written statement. The statement says he has been sexually interested in children since 2004, when Hockenbury worked at UKIDS, a daycare center at UAlbany.

"Lawyer blasts release of Hockenbury statement." CBS6 Albany. April 19, 2016. http://cbs6albany.com/news/local/police-man-engaged-in-sex-act-with-child

James C. Hockenbury's salary as a full-time staff assistant at UAlbany:

2008 $25,020

2009 $25,437

2010 $26,274

2011 $26,894

2012 $26,894

2013 $28,032

http://state-employees.findthedata.com/d/a/James-Hockenbury

My name is Jim Hockenbury [...] Began working with kids again in 2004 when I got a job at UKIDS; a daycare center for the teachers, students, and staff of the University at Albany. I started there as a Teacher's Assistant. It was here that I discovered my sexual interest for children. I had never acted on this interest before working at UKIDS or during my time there but there were times that I would get excited while working with the children at UKIDS. Instead of acting on this desire, I would go into the mensroom and masturbate to alleviate sexual tension or desire. That happened, from 2005 through 2014, maybe five times. [...] Also while working at UKIDS, I met the [redacted] in early 2014. They came to UKIDS for daycare services for their [redacted] came there at about 8 months old to the infant room. My now wife, [redacted] started working at UKIDS in 2005. We were introduced by other staff there and dated from 2006 through 2007 and ultimately got married in November 2008. My wife started working with [redacted] as she was the Pre-School teacher and floater since 2013. [...] I stopped working at UKIDS in the spring of 2014 but remained friendly with the [redacted] and would be called upon to watch or babysit [redacted] from time to time. The last time this happened was Saturday April 6th, 2016.

https://mgtvwten.files.wordpress.com/2016/04/james-hockenbury-criminal-complaint-april-19-2016.pdf

UKids Child Care Center

A satellite of Campus Children's Center, Inc., the mission of the center is to provide the University of Albany community and Capital Region families with the highest quality child care. The Center provides a diverse, educational, friendly, nutritional, and safe environment that meets the needs of its children.

http://www.albany.edu/ukids/

Clarence and Karen McNeill have served on the Board of Directors of the Campus Children's Center, Inc. https://web.archive.org/web/20080705015246/http://www.campuschildrenscenter.com/BoardofDirectors.htm (providing child care on the Harriman campus adjacent to UAlbany and on the UAlbany campus itself) - a center arguably not well served by the UAlbany Police mismanaging its campus sexual offender registry for years, or J. "Frank" Wiley and John M. Murphy falsely claiming in their Clery Act reports that the registry was being maintained, and probably not well served by Clarence L. McNeill's chronic lying and lack of concern for the safety of people on campus, young and old.

Is there another crime tip or crime victim address that actually works? New Yorkers could really use one.

https://www.muckrock.com/foi/new-york-16/mismanagement-of-crime-tips-concerning-suny-albany-10741/ [emphasis added in all cases above]

Over a year later, still waiting on a crime tip address for New Yorkers that actually works! Sickening.

Thursday, March 10, 2016

#qualityinjournalism ?

"That young man, as far as I'm aware, did withdraw form the university, so he's no longer in this community," Jones said initially.

Carleo-Evangelist, Jordan. “Witness threatened after UAlbany bus incident was no longer a student; School says former student never registered this term.” Albany Times Union. March 1, 2016. http://www.timesunion.com/tuplus-local/article/Witness-threatened-after-UAlbany-bus-incident-was-6861347.php [bold emphasis added]


The argument, also being made my Mark Mishler, the Albany attorney for Agudio, is that the students can't testify at a campus hearing without the risk of incriminating themselves — and, obviously, getting thrown off campus isn't as worrisome as a criminal conviction.

Churchill, Chris. "'Lynching' claim adds fuel to UAlbany bus attack fire." Albany Times Union. March 9, 2016. http://www.timesunion.com/tuplus-local/article/Churchill-Lynching-claim-adds-fuel-to-UAlbany-6880953.php [bold emphasis added]

Does the TU still have editors? That would be news!

Both articles are behind a paywall. I don't begrudge newspapers paywalls; they might have been smart from the very beginning to have all of their content behind a paywall. However, seeing the TU seemingly trying to profiteer off a very public incident at the university for which their publisher is the President of the Board of Directors of the University at Albany Foundation gives one an icky feeling.

That first article in particular shouldn’t be one that the TU is using to try to gain new digital subscribers. The article, for those who've read it (as I have), naturally fails to mention the relationships that the TU and the TU's publisher has with UAlbany.

Aside from that, the story that "Will" had dropped out because of the threat that he actually was sent ("Hope the police get to you before I do.") is one that is still being spread online (perhaps offline as well). The fact that the article in which the TU reported that he was not a student is not available for free to most people might factor into why that story about him dropping out is still so persistent. (Some racists liking the narrative is probably also a factor.)

After the article was put online, another TU writer claimed that "Will" himself had lied about dropping out because he'd been sent a threat.

J.p. Lawrence ‏

@JpLawrence3

Student who "withdrew" in wake of bus incident was fibbing. #justiceforwill wasn't enrolled.

http://www.timesunion.com/tuplus-local/article/Witness-threatened-after-UAlbany-bus-incident-was-6861347.php

12:18 PM - 9 Mar 2016

https://twitter.com/JpLawrence3/status/707661854034829314 (Archived by WebCite® at http://www.webcitation.org/6fuLsxwSS )

If there's proof for the claim that "Will" himself had lied, it's not in that tweet nor in the article, is it?

#justiceforwill for that matter does not seem to have been reported to be the Twitter account of "Will," aside from which it's not an account it's a hashtag seemingly used by people who knew he was threatened and apparently thought he left school (or consciously lied about him leaving school) because of the threat.

TU tweeter who "exposéd" in wake of bus incident was fibbing? #ethicsinjournalism ?

Which is not to defend the guy beyond that, indeed the concern is more about the ethics of journalists not so much him. Whether he saw the bus incident from on the bus or off, his Tweets about enjoying the fight were obnoxious.

Wednesday, March 9, 2016

is the idea of non-violence still current among activists?

4. NON-VIOLENCE

It is essential that we develop effective alternatives to society's current patterns of violence. We will work to demilitarize, and eliminate weapons of mass destruction, without being naive about the intentions of other governments. We recognize the need for self-defense and the defense of others who are in helpless situations. We promote non-violent methods to oppose practices and policies with which we disagree, and will guide our actions toward lasting personal, community and global peace.

http://www.gp.org/four_pillars_ten_key_values

One of the most mystifying things to me about the bus incident is the apparent acceptance by some that escalating to violence is an acceptable response to (alleged) verbal provocation. No matter how ugly or offensive something a person might say can be, physically assaulting the person is not consistent with Green values, or, if I'm not mistaken, most activists' values.

Tuesday, March 8, 2016

feeling safe

Sami Schalk

‏@DrSamiSchalk

"It must be nice to feel safe in your own body" speaker at #defendblackgirlsualbany

3:15 PM - 1 Feb 2016

https://twitter.com/DrSamiSchalk/status/694298113557843968

It must be nice to make assumptions that other people feel safe in their own bodies. No, actually that isn't nice.

It would, on the other hand, be nice to avoid divisive mind-reading cognitive distortions.

Sami Schalk

‏@DrSamiSchalk

"I do not feel safe...if anyone in administration had a problem with how I feel, that's YOUR problem" speaker at #DefendBlackGirlsUAlbany

3:51 PM - 1 Feb 2016

https://twitter.com/DrSamiSchalk/status/694307194272112640

I haven’t felt safe going on that campus for about five years. That speaker was protesting on campus; clearly felt a lot safer than I do!

"UAlbany follows all of New York’s laws regarding weapons"

"UAlbany follows all of New York’s laws regarding weapons and, in addition to that, it has its own set of rules under its code of conduct."

Muscavage, Nick. "Weapons on Campus." Albany Student Press. March 8, 2016. http://www.albanystudentpress.net/weapons-on-campus/

http://nickmuscavage.com/2016/03/08/weapons-at-ualbany/

UAlbany seems not to have been even clear on all of New York's laws and SUNY's policies regarding weapons, much less to have been actually following all of them. E.g.:

http://minervawept.blogspot.com/2013/07/are-law-enforcement-and-investigative.html

http://minervawept.blogspot.com/2015/10/preventing-campus-shootings.html

UAlbany: where a Director of Media Relations doesn't know, and can't be bothered to look up, what a firearm policy is. UAlbany: where a Director of Media Relations can't be bothered to ensure the University President knows whether a widely-circulated story about a student dropping out due to a threat from an alleged victim's brother in connection with an incident is true or not prior to the both of them hosting a Press Conference about the incident. UAlbany: where incompetence is excellence!

Does the "S." stand for SUNY?

Disclaimer:

Prior results cannot and do not guarantee or predict a similar outcome with respect to any future matter, including yours, in which a lawyer or a law firm may be retained. Also, please note that the material on this site has been prepared by the Law Office of Mark S. Mishler, P.C., for general information purposes only; it does not constitute legal advice. Readers should not act upon this information without seeking professional counsel.

http://www.markmishlerlaw.com/disclaimer.html

One imagines a sort of Zeno's Paradox or Catch 22 - before seeking professional counsel, one must obtain professional counsel. Before obtaining professional counsel, one must seek professional counsel. Before seeking professional counsel, one must obtain professional counsel. Before obtaining professional counsel, one must seek professional counsel. Before seeking professional counsel, one must obtain professional counsel....

One thus is never able to acquire professional counsel because one is never able to seek professional counsel, and vice versa.

Monday, March 7, 2016

Fascist Diva Nancy Lauricella

The University has been asked on more than three occasions to hold off on their proceedings and to let the criminal justice process run its course. They have outright refused and denied that they are the [sic] stated, “[t]he Student Conduct Hearing will proceed as scheduled for Wednesday, March 9, 2016 at 9:30 a.m. Regards, Nancy Lauricella” In addition, the level of intellectual dishonesty is shocking as Ms. Lauricella has stated, “The University at Albany is not the complainant in the criminal case. The criminal charges are being brought forward by the Albany County District Attorney's Office, on behalf of the People of the State of New York, and not the University. The Student Conduct Process at the University is a separate administrative process and, as such, the University will not delay the student conduct process to accommodate the criminal process.”

Brewington, Frederick K. and Mark Mishler. “University at Albany Seeks Pound of Flesh and Disregards the Rights of Three African-American Female Students.” Law Offices of Frederick K. Brewington. March 7, 2016.

Eastman, Katie. ”Attorney: UAlbany Disregards Rights of Students Accused in Bus Attack.” Time Warner Cable News. March 7, 2016. http://www.twcnews.com/nys/capital-region/news/2016/03/7/attorney-says-ualbany--disregards-the-rights--of-3-students-accused-in-bus-attack.html

"Fascist Diva" Ms. Lauricella! The name is familiar. Questions posed to the US Department of Education Office for Civil Rights a few years ago, questions they mostly did not answer:
FOIA response page 2 of 181:

“[OCR:] How did you first become acquainted with the complainant?

“The witness [Clarence L. McNeill] stated that he received an email that was sent to the University’s general conflict resolution mail box in the spring of 2011 about the University’s academic integrity policy and Code of Conduct. He said that he contacted the complainant and suggested that he meet with him so that he could walk him through the process and explained all the different scenarios that could take place once he became part of the process”

QUESTION #3: May I have a copy of the recording of OCR’s interview with McNeill? The recording presumably ought to have been covered by the FOIA request, unless it’s exempted for some reason - in which case that should have been indicated somehow.

QUESTION #4: Why was Mr. McNeill not questioned regarding his falsehood about the first time he’d become acquainted with me?

QUESTION #5: What e-mail of mine and what e-mail of Clarence L. McNeill’s was Clarence L. McNeill referring to from spring of 2011?

I have, for example, one of May 12, 2011 2:58 PM that was sent to crcr@uamail.albany.edu (Conflict Resolution and Civic Responsibility) but it was also sent to Mr. McNeill directly (contrary to his testimony, if it’s the one he’s referring to), as well as Sally D’Allessandro, Nancy Lauricella, and Karen Murdock. McNeill did not explain all the different scenarios that could take place once he became part of the process. I wasn’t reporting something per se, but asking if free-riding on group assignments (“Contributing less, little or nothing to a group assignment and then claiming an equal share of the marks”) constituted academic dishonesty - something that should have been easy for any of them to answer, yet which none of them would answer. I didn’t expect all of them would answer, I just wanted to ensure that some one of them would by bringing the question to everyone’s attention.

The reply from “Conflict Resolution” on May 19, 2011 11:54 am was “This conversation would probably be better suited occurring over phone, but in regards to your question - the information provided in the ‘unauthorized collaboration’ definition should cover it. Approved group work is acceptable, depending on the instructor/discipline/assignment, etc…”

I wasn’t asking about unauthorized collaboration. I was asking about free-riding (refusing to engage in authorized collaborating by doing nothing) on group work and sharing fully in the grade of the person or persons in a group who did do the work, and whether that constituted plagiarism or some other form of academic dishonesty at UAlbany. I replied on May 19, 2011 5:24 PM indicating that “e-mail is the only good way for me to communicate”, which was true; I wanted something in writing. They did not reply. I still don’t know what UAlbany’s position on it is, but presumably as with so many other forms of academic dishonesty that they permit in practice, they permit it.

[...]

I would have to check my own records further, but I believe the first interaction Mr. McNeill and I had might have been the following, four years prior to the Spring 2011 date Clarence L. McNeill stated in his testimony to OCR:

From: Clarence L McNeill

Subject: RE: Standards of Conduct for professors?

Date: March 14, 2007 11:40:52 AM EDT

To: [Me]

[...]

Among other communications Clarence L. McNeill had with me prior to Spring 2011:

From: Clarence L McNeill

Subject: RE: alcohol policy & ASP writers

Date: April 19, 2007 11:24:01 AM EDT

To: [Me], John M Murphy

[...]

Thank you very much for concern.

I appreciate your respect both for the code of conduct and your peers [sic] right to "free speech”. I will confer w/Associate Vice President Murphy regarding the content of the articles and develop a follow up plan.

Thanks again.

——Original Message——-

From: [Me]

Sent: Wednesday, April 18, 2007 8:01 PM

To: John M Murphy; Clarence L McNeill

Subject: alcohol policy & ASP writers

I’m writing both of you, since both of your names appeared on the page regarding the Alcohol Policy.

I wonder if you have read James Whittet’s “Dick jokes for a living” in his “Unqualified Advice” column in the Monday, April 9, 2007 ASP, page 6?

Or Tara House’s “69 Things I Just Gotta Do Before Graduation” in her “House Rules” column and Lucinda Hark’s “Think before you chalk” in her "Red Couch Confessions" column in the Monday, April 16, 2007 ASP, page 7?

At best, they’re joking about, at worst, advocating: underage drinking, blackouts, near-lethal B.A.C.s, fake IDs, drunken nonconsensual sexual contact, smoking marijuana, growing marijuana, and driving under the influence of marijuana. While on the one hand, I don’t want to attack free speech, on the other I’m wondering if this writing runs contrary to the University’s Standards of Conduct and Alcohol Use Policy. It certainly runs against the Social Norms Campaign on alcohol to have that many ASP staffers writing about abusing alcohol and drugs. They are also, in effect, in my community both on campus and in the Capital District and the behavior they are again, at best trivializing, is potentially dangerous to me, to others, even to themselves if they are engaging in it or encouraging it rather than merely writing it.

Whittet’s column also notes he has a website, http://www.thedrunklife.com (when his Facebook account, if true, indicates he’s under the legal drinking age). On that website he writes, accompanied by a photo:

I am pleased to report that Igor briefly slept next to a drunk girl. Uninvited spooning with an intoxicated minor is a drastic step towards date-rape… err, wait, so maybe this isn’t so good.

Regardless, it makes for a great photo op. Needless to say, no penetration took place, although the victim remains steadfast that she is ‘scared for life.’”

Frankly, a lot of the sexual behavior and attitudes they have (particularly House and Whittet) I also find troubling, but I directed comments on those to the Task Force on Sexual Assault.

Apart from legal and safety issues, I do plan on pursuing a degree through UAlbany, and I don’t want to see it regain its reputation as a ‘party school.’ A degree from UAlbany I think would mean something less to me knowing that people like these can have their behavior condoned and graduate without consequences.

[...]

I never heard back from Clarence L. McNeill or John M. Murphy regarding any “follow up plan” they developed.

“An interesting name choice for this College Professor

“[Whittet’s screen capture of faculty webpage of Sho-Ya Wang, Professor of Biological Sciences]

“O Chinese people, when will you learn?”

Whittet, James. “Cream of Sum Yung Gi?” The Drunk Life. September 5, 2008 @ 11:38 pm

http://web.archive.org/web/20120213140538/http://www.thedrunklife.com/funny-pictures/cream-of-sum-yung-gi/

Lauricella like her (former?) boss McNeill and like his former boss Murphy must be cool with all such things?

Sunday, March 6, 2016

University at Albany Police lacking in decorum... but not decoration!

US Code section 176 (d): "The flag should never be used as wearing apparel, bedding, or drapery. It should never be festooned, drawn back, nor up, in folds, but always allowed to fall free. Bunting of blue, white, and red, always arranged with the blue above, the white in the middle, and the red below, should be used for covering a speaker's desk, draping the front of the platform, and for decoration in general.

Laws: why should the University at Albany Police care about 'em? Why not flaunt disobedience instead?


https://web.archive.org/web/19991128185410/http://police.albany.edu/


https://web.archive.org/web/20060812075748/http://police.albany.edu/

University at Albany Police Pledge of Allegiance

"I pledge allegiance to the Flag of the United States of America, which makes a great tablecloth for arranging still-lifes, under my gun, and uniform, with room for handcuffs and all.”

The 7 1/6 Minute Gap

The University at Albany Police have generally in the past put out two annual reports, one called the “University Police Annual Report” and another that is the “Annual Security and Fire Safety Report,” the latter in connection with the federal Clery Act.

The last Clery Act Report posted is from 2014 http://police.albany.edu/ASR.pdf I’m not sure when the 2015 report will be posted. March 2016 seems rather late, and maybe it won't even be posted until sometime after March.

I’m not sure if the “University Police Annual Report” has been issued since 2012, and if not why they stopped issuing them. Regardless, those reports from 2009 to 2012 all stated this:

99% of calls for service were responded to within four minutes or less.

http://police.albany.edu/UPDAnnualReport2009.pdf

http://police.albany.edu/UPDAnnualReport2010.pdf

http://police.albany.edu/updannualreport2011.pdf

https://police.albany.edu/UPDAnnualReport2012.pdf

Of course, what does “responded to” mean?

They picked up the phone within four minutes? Sent someone out within four minutes? Had someone arrive on scene within four minutes? Are they including calls that had been transferred, or only direct calls? There's any number of ways of lying with statistics.

it still took seven minutes and 13 seconds before an agreement was reached to send police. [...]

A third-party 911 dispatcher who spoke to Time Warner Cable News says the average time from reported assault to officer response should be 30-60 seconds, and should include questions about the potential victim's medical condition and whether the caller is in danger or needs medical aid.

Redick, Geoff. "Moving Target: Police Response Unclear in UAlbany/CDTA Case." Time Warner Cable News. March 4, 2016. http://www.twcnews.com/nys/capital-region/news/2016/03/4/moving-target-police-response-unclear-in-ualbany-cdta-case.html

If the time is from call to an officer being sent, UAlbany's average of 240 seconds is far, far worse than 30-60 seconds. 433 seconds is execrable. Granted, the caller in the bus incident was having side conversations, not providing specific information, etc. Granted, she didn't call during the incident. Granted, the 911 operator shouldn't have gotten into an argument about who said "thank you" first and probably should have asked more direct questions to get the necessary specific information. 433 seconds remains in need of an explanation. The city and the university, unsurprisingly, aren't offering one.

UAlbany incident a teachable moment from which UAlbany refuses to learn

I don’t purport to know all the facts in the case, but I do trust the university student conduct process and I know first-hand that President Robert Jones is an ethical and fair leader. Jones is fully committed to inclusive excellence and justice for all. He cares deeply about all members of our campus community regardless of race, standing or privilege.

Murphy, John M. "Letters to the Editor: UAlbany incident a teachable moment." Albany Times Union. March 5, 2016. http://blog.timesunion.com/opinion/ualbany-incident-a-teachable-moment/34670/

"I don’t purport to know all the facts in the case" just might be one of the few truthful things John M. Murphy has ever written in connection with UAlbany. He's not the most reliable of witnesses.
[The incident] shows college officials face a real challenge in balancing the demand for immediate information with the need to be accurate. The two are not always compatible.
Nothing like a false dilemma. Jones, had he had the sense to use "alleged" or "had reported" could well have managed to be both accurate and supplying information. Alternatively, had he possessed the sense to have his office staff or the Office of General Counsel check his press release he could have likewise managed (or maybe he did and they lack sense too?).
Personally, as an educator I stand with those like Jones who have compassion for all young people and who seek to make this incident a teachable moment on many levels.
Murphy does not have compassion for all young people, or for all students. At times he's seemed something of a sadist. Aside from that, he didn't seem to have all that high an opinion of students referred to the student conduct process, even though in the US there's generally a presumption of innocence.
We will be replacing tape recording devices for serious student conduct hearings with digital recorders to preserve the records of serious hearings. The quality of tape recording is becoming suspect and given the litigious nature of some individuals it is important to preserve these records.

http://www.albany.edu/studentsuccess/assessment/docs/AR%202003-04%20-%20FINAL.pdf

Of course the student conduct process does not involve due process, so presuming innocence is probably also a quaint idea there too.

As for the incident being a "teachable moment," the lack of interest on the part of the City and UAlbany in updating the ineffective 2008 Memorandum of Understanding for law enforcement purposes suggests that the City and UAlbany really aren't all that interested in learning from it.

education is never neutral; it either maintains the status quo or advances our society.
Another false dilemma! Can it not also do harm, particularly if the educational system is abused?

I have witnessed the evolution of the university in construction, curriculum development and social justice. I am confident that our university is in good hands, thanks to the excellence of our students, faculty and administration.
UAlbany, having a disdain for constitutional rights, legal rights, rights by policy (like the series of lies that UAlbany calls the "Student's Bill of Rights" http://www.albany.edu/titleIX/title-ix-bill-of-rights.php ) really is not all that evolved when it comes to social justice. As for the "excellence" of students, faculty and administration, Murphy perhaps knows better than most just how rotten some of them are - being quite rotten himself. He's proven himself to have a rather rotten memory, for that matter.
"I believe you and I met with Mr. McNeill once before in his office a few years back." John M. Murphy, July 12, 2012
No, confabulator/memory fabricator, we didn't - as I had indicated only ten days prior (even that was too much for him to remember, apparently. I'd *written* Murphy in 2007 about some issues I thought needed to be addressed and he and his partner in crime failed to follow up, failure that he is.
"I don't mind terribly if Mr. Murphy helps you [Christine Bouchard] research my questions; I recall his name from April 2007. I never did hear back at that time if any kind of 'follow up plan' was developed between him and Mr. McNeill, though." - me, July 2, 2012

And naturally, the Times Union continues to fail to report on its relationships and its publisher's relationships with UAlbany when reporting on UAlbany.

Friday, March 4, 2016

Disputing a transcript leads to threat of deportation for UAlbany student

"Grenz said e-mails among UAlbany officials demonstrate there were meanspirited delays on Yi's grievances. The e-mails were turned over as part of the criminal case.

“One by the assistant dean of graduate studies, Jonathan Bartow, states: ‘I do not intend to immediately respond to (Yi’s) most recent message and I hope I set the stage for such slow movement on his request in my earlier message.'"

Carleo-Evangelist, Jordan. “Question of fairness at school; Lawyer says UAlbany overreacted in dealings with now-jailed student.” Albany Times Union. October 25, 2007: A1. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=6425910

"Attorney Eugene Grenz cast Liangdong Yi's arrest as case of post-Virginia Tech paranoia. City Court Judge Rachel L. Kretser, however, saw it more simply: University Police were incomplete in filling out the arrest documents. [...]

Yi, who was arrested when he returned to campus to talk to Murphy, later denied ever making that statement or threatening violence. His lawyer said it was a miscommunication stemming from Yi's limited ability with the English.

Carleo-Evangelist, Jordan. "Police mistake leads to dismissal; Ex-student faces possible deportation to China after judge finds threat case is tainted." Albany Times Union. March 14, 2008: D1. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=6541186

Clearly we don't have all the facts in that case just from those articles, but John M. Murphy** seemed to me to have lured that student on campus with a promise of a meeting to discuss an issue about grades only so they could arrest him (maybe Murphy trying to lure me on campus when I had made it clear to him that I did not feel safe going on campus prejudices me). Another article stated the student was "trying to see Murphy and was carrying Murphy's letter."*

UAlbany claimed the student had made "menacing statements to university officials, including that if he 'was a different sort of person, I might get violent and use a gun.'" Who alleged he'd made the statement? If UAlbany was genuinely worried about the student, why were university police so utterly careless in handling the case that they botched the arrest so badly the court had to dismiss? How the heck does a student trying to straighten out his transcript prior to graduation (and UAlbany did still give him a degree according to the TU) end up getting deported?

If an article on a foreign website can be trusted, the case became an international one.

Lawyers now plan a complaint to the UN Commission on Human Rights [in] this case. [Translation by Google Translate]

http://www.wenxuecity.com/news/2009/02/05/-786924.html (if a print prompt pops up from that page, just cancel it and it should be possible to see the article) (Archived by WebCite® at http://www.webcitation.org/6flJAmn70 )

Google Translate makes an interesting poetic hash of some of the user comments there, incidentally. E.g., "legal culture is a surface like flowers, not as good as unreasonable under the eaves".

I haven't seen any articles indicating that the student had received any support (or abuse) from fellow students, student groups, United University Professions, etc. Whether guilty or innocent, some people have a harder time finding help than others.

I have no idea what happened in the end. Local media is really poor at follow-throughs.


* Carleo-Evangelist, Jordan. “Threat case reveals caution at UAlbany; Chinese national banned from campus held in jail, accused of making menacing statements.” Albany Times Union. August 29, 2007: D1.?

** John M. Murphy is perhaps an inauspicious name when it comes to government employees.

A Federal jury today found John M. Murphy, a Cook County Associate Circuit Court Judge, guilty of 24 out of 27 counts of racketeering, mail fraud and extortion.

Malcolm, Andrew H. "Federal Jury Finds a Cooks County Judge Guilty of Corruption." N.Y. Times. June 15, 1984. http://www.nytimes.com/1984/06/15/us/federal-jury-finds-a-cooks-county-judge-guilty-of-corruption.html

"John M. Murphy, a former New York City congressman who served 18 years in the House before being caught taking a $50,000 cash payment in the Abscam sting operation in the late 1970s, died on Monday on Staten Island.

"Fried, Joseph P. "John Murphy, Congressman Convicted in Abscam Sting, Dies at 88." N.Y. Times. May 26, 2015. http://www.nytimes.com/2015/05/27/us/politics/john-murphy-staten-island-congressman-convicted-in-abscam-sting-dies-at-88.html

Thursday, March 3, 2016

the table keeps on turning

Organizers of Monday's rally say a culture change is needed, because no one would be asking for proof of such a vicious assault if the victims were different.

"I just think that it goes to show when a black woman says something that has happened to her, a lot of people don't believe it was true, but I feel like if the tables were turned, nobody would be questioning the situation," said Adanna Perry, president of the National Congress of Black Women.

Rekhi, Tanja. "UAlbany Students Rally After Alleged Assault on CDTA Bus." Time Warner Cable News. February 1, 2016. http://www.twcnews.com/nys/capital-region/news/2016/02/1/ualbany-alleged-assault-on-cdta-bus.html

Law enforcement always has to look for evidence (not that they always do, unfortunately), regardless of the background of the alleged victims or perpetrators. Throw out the requirement of evidence, and it could just as easily work against you than for you.
"It's amazing how we're always asked to forgive before we've even healed" speaker at #DefendblackgirlsUAlbany

live tweet of unnamed speaker by Sami Schalk. February 1, 2016 3:37 PM. https://twitter.com/DrSamiSchalk/status/694303652979314688

“let it go and move on” is the advice I received in writing from a former professor of mine, a chair of the Women’s Studies department, who also characterized the pursuit for justice as "revenge" and that by dropping it I'd be "the bigger person"

“find some acceptance of it” is the advice I received from my department advisor, who warned me I'd be retaliated against and advised me not to pursue it

Perhaps I'm naive, but I don't think racism or misandry was necessarily involved with their advice. I think they probably genuinely feared for their own careers and safety if they supported me, and probably rightly so. Tenured professors/unemployed undergraduate student. So much discrimination is more hierarchical than anything else, I think. They could have at least been more honest about that, though. If my own demographics factored into why they wouldn't help, they could have been honest about that too.

In the bus case, prejudiced people both black and white seem to have utilized the "if the tables were turned" claim. It's garbage as a claim, regardless of who is making it. I could give multiple examples by people exhibiting prejudice in this case, but maybe one will suffice.

One of the 911 callers had stated "The cops weren’t called, ‘cause we’re black, so the cops weren’t called. [...] I guess the cops weren’t called, because there were no cops there."

(1) the caller herself didn't call 911 until afterwards, and one of her friends didn't call 911 until afterwards, and her other friend didn't ever call 911 - yet they complained that police weren't there?

(2) other black people on the bus, including at least one black woman, also didn't call - because the women were black?

The reasons why witnesses of all backgrounds don't call 911 can be varied. Victims of all backgrounds can suffer as a result. One significant contributing factor to why 911 isn't called in some cases (which may or may not have been the case with the bus), the bystander effect:

In 1964, 28 year old Kitty Genovese was raped and stabbed to death in front of her apartment complex. The attack lasted over 30 minutes and was witnessed by several dozen people who failed to report the incident. Some failed to realize that an actual crime was going on, claiming they thought it was a "lover's quarrel", whereas others realized they were witnessing a crime, but failed to report it because they assumed that someone else had already called the police. [...]

First, if you find yourself in an emergency situation with several fellow bystanders, realize that your first instinct (and the first instinct of those around you) will be to deny responsibility for helping the victim. By simply being aware of the diffusion of responsibility process, it may snap you out of the biased way of thinking and cause you to realize that you and everyone present is each 100% responsible for helping the victim. Second, if you find yourself in need of help, it is up to you to actively make one of your eyewitnesses feel personally responsible for your well-being. When we are in need of help and there is a crowd watching, we often plead for help to anyone that is listening, thinking that at least one person will step up to intervene. But self-defense instructors advise that you instead pick one person out of the crowd, look them dead in the eye, and tell that one person you need help. By pleading to a specific individual, you suddenly make that person feel completely responsible for your safety and this increases the odds that they will help. The same technique can be used if you are trying to get several others to help you assist a victim. Point to one person and tell them to go get help; point to another and tell them to call 911. Giving specific instructions to specific people counteracts the diffusion of responsibility process.

Burkley, Melissa. "Why Don’t We Help? Less Is More, at Least When It Comes to Bystanders; The more eyewitnesses present, the less likely people will help a victim." Psychology Today. November 4, 2009. https://www.psychologytoday.com/blog/the-social-thinker/200911/why-don-t-we-help-less-is-more-least-when-it-comes-bystanders

I don't know that I was ever taught that, to single someone out and make it their job to call 911. I've certainly seen that in movies, "YOU! Call 911!" rather than "somebody call 911!"

Tuesday, March 1, 2016

University at Albany and City of Albany Memorandum of (Lack of) Understanding for law enforcement purposes

The transferring of one of the 911 calls in the bus case was not too bad, but the other was definitely problematic. The relatively lengthy attempts to work out who had jurisdiction were inexcusable (not helped by the caller). Jurisdictional matters and any relationship between UAlbany and CDTA were discussed somewhat by Pres Jones in his Press Conference. He seemed baffled at the suggestion that something could be done to improve things.
HALEY VICCARO, SCHENECTADY GAZETTE: Do you plan to work with CDTA in the future to ensure that if any sort of incident comes up that maybe you'd be able to come up with a way to handle it while it's ongoing on a bus?

PRES. JONES: I'm not exactly sure how that would work. The bus runs on our campus only for a short time period. We have no jurisdiction once the bus gets on city streets. We have, uh, I think our police chief has had conversations with the CDTA about, uh, you know, if there have been any incident or, uh, issues on these buses that we need to be concerned about, so that was our first response was to try to talk to CDTA to see what may have previously occurred that we need to be concerned about, and I know that’s kind of an ongoing part of our due diligence to, uh, to make sure the buses are safe and [advice?] and I’ve said, uh, you know, the bus is an important part of our mechanism for getting students back and forth and, uh, as far as we know, they are safe form of transportation.

Firstly, despite President Jones saying "we have no jurisdiction once the bus gets on city streets" that doesn't seem to be true. SUNY Police have their jurisdiction defined by N.Y. Criminal Procedure Law section 1.20 (34-a) (d):

The geographical area of employment of a police officer appointed by the state university is the campuses and other property of the state university, including any portion of a public highway which crosses or abuts such property.

As such, UPD would seem to have shared jurisdiction over portions of Fuller Road, Washington Avenue, Western Avenue, Washington Avenue, etc.

Furthermore, I think, among other things, that the Memorandum of Understanding (MOU) between the University at Albany and City of Albany regarding law enforcement could potentially be revised to address jurisdictional matters and perhaps also the relationship with CDTA (or else a separate MOU including CDTA) to improve matters.

The last version of the MOU that I’ve seen can be read at https://d3gn0r3afghep.cloudfront.net/foia_files/6-27-13_MR4811_RES.pdf and https://muckrock.s3.amazonaws.com/foia_files/APD_MOU_2009.pdf It begins,

This Memorandum of Understanding, effective November 1, 2008, entered into by and between the City of Albany on behalf of its Police Department and the State University of New York, on behalf of the University at Albany, namely the University at Albany Police Department, sets out the respective duties and obligations with regard to the coordination of law enforcement efforts between the University at Albany Police Department and the City Police Department.

It was signed by former President Philip, former Mayor Jennings, and former APD Chief James Tuffey, so if it hasn’t been revised then President Jones has been grossly negligent in his role as President:

The campus president has the authority and responsibility for the overall operation and security of the campus. Accordingly, the president, or his designee, through the chief of university police, administers the operations of the University Police Department.

https://www.suny.edu/sunypp/docs/364.pdf


Subject to the approval of the chancellor, the president of each state-operated campus of the state university shall enter into a written agreement with adjoining law enforcement agencies establishing protocols for the exercise of authority by such university police officer off-campus, including mutual aid and assistance. Such written protocols shall not be deemed to supersede the authority of other police officers.

N.Y. EDUC. LAW § 355 (2) (l) [lowercase L]

Chief James Tuffey resigned in 2009. A new agreement might have been a good idea at that time, but certainly after both the City of Albany Mayor and University at Albany President both changed.

Despite there being a MOU that became active in 2008, the UAlbany Emergency Management plan dated July 2015 and which contains a Letter of Promulgation signed by President Robert J. Jones inexplicably contains what appears to be a copy of a Memorandum of Understanding between UAlbany and the City of Albany from January 1, 1999 (possibly signed in late 1998?) rather than the 2008 or any more recent MOU. It begins,

This Memorandum of Understanding, effective January 1, 1999, entered into and between the City of Albany Police Department and the State University of New York, University at Albany Police Department, sets out the respective duties and obligations with regard to the coordination of law enforcement efforts between the University at Albany Police Department and the City Police Department. http://www.albany.edu/ehs/pdf/UAlbanyEmergencyManagementPlan.pdf
The City of Albany Chief in 1998 or January 1, 1999 was possibly Kevin Tuffey; the signature is not included in the Emergency Management Plan. At any rate, not by the man who’s City of Albany Chief in 2015, nor by the current Mayor or President. Why? In President Jones' Letter of Promulgation in the 2015 Emergency Management Plan, he stated,
this Plan is a Guide to the University for Emergency Management and coordination of all phases of emergency management operations, in order to minimize the impact of emergencies and disasters, and to protect the people, property, and restore the ability of the University to serve our mission.
How exactly is a plan with a Memorandum of Understanding from seventeen years ago likely to serve the university or the city well?

Sunday, January 31, 2016

End Campus Police?

"UC Irvine Black Student Union Demands End to Campus Police Department." OC Weekly. January 28, 2016. http://www.ocweekly.com/news/uc-irvine-black-student-union-demands-end-to-campus-police-department-6927075
Interesting. "Campus Police" should be abolished, but there still does need to be law enforcement. Local police or state police would do - at least their chiefs are theoretically accountable to elected officials or the public. SUNY Police Chiefs are not.