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?