"Top court: Rehire pot-smoking bus driver."

Also sent via webform to Senators Gillibrand and Schumer; some formatting differences. Question marks used to replace at symbols below.

One of the strange things, to my mind, is that the whistleblower in the Bottari case was presumably represented by the same group as Bottari - how well was he represented when they were trying to get back a woman back her job who'd remorselessly threatened to hire a hitman to murder him for his having been a whistleblower? How well are law-abiding members being represented?

How well is the mission being adhered to, e.g. "Accountability: We are accountable for our actions and decisions." http://www.cseany.org/our-mission/? Is it an organization that is really "working for a better New York for all"? What are their "best interests"? "The following shall constitute the basis for complaints against any member or officer of CSEA [...] Any other conduct detrimental to the best interests of CSEA". Threatening schools that they need to employ drug-using school bus drivers, even ones who would threaten to hire a professional killer to murder a whistleblower: that's in the best interests of CSEA?

From: Christopher Philippo

Subject: "Top court: Rehire pot-smoking bus driver."

Date: June 25, 2013 6:19:47 AM EDT

To: Neil Breslin , Patricia Fahy , "NYAG.Pressoffice?ag.ny.gov" , "crimetip?troopers.ny.gov" , "Daniel J. Horwitz" , John King , Brian Kolb , "Dean G. Skelos" , "AskDOJ?usdoj.gov"

Cc: "publisher?nytimes.com" , "generalmgr?nytimes.com" , Holly Kearl , Glenn Greenwald , "editor?chronicle.com"

In New York, schools can be threatened and sued into forcing children to be entrusted to the care of drug-abusing drivers and the legislature won't do anything about it despite being aware of the problem and the top court will support the threats rather than the safety of the children and the safety of drivers who must share the road with drug-abusing school bus drivers and the safety of property owners who must have drug-abusing school bus drivers pass their homes and businesses. Seems like the legislature, top court, and governor ought to be putting the children's best interests first, rather than the interests of an organization that's one of the top political and campaign donors in New York, one which has a long history of major crimes being committed by its members and officials.

The Racketeer Influenced and Corrupt Organizations Act and also the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 seem fairly appropriate for an organization such as CSEA? If not, then why not? Exactly how bad need they get?

Gavin, Robert. "Top court: Rehire pot-smoking bus driver." Albany Times Union. February 12, 2013.

"Therese Assalian, spokeswoman for the union, said the district had the option to suspend the driver [Cynthia DiDominicantonio] with or without pay, subject her to testing or take other actions short of firing."

O'Brien, Tim. "Shen told to rehire drug test-flunker; Court says driver who tested positive for pot must be returned to job." Albany Times Union. December 6, 2011: B4.

"Assalian would not speculate on Shen’s next move but said CSEA intends to maintain its position without change. She also referenced the cost of litigation. 'They’ll have to decide whether it’s beneficial for them to pay for more litigation in this case,' she said. 'Litigation is expensive.'"

Griffith, Glenn. "Shen overruled in bus driver firing; court says district violated collective bargaining agreement." Community News. December 6, 2011.

"Therese Assalian, spokeswoman for the CSEA, said the union will continue to fight on behalf of DiDomenicantonio. The district is spending considerable taxpayer funds to fight the legal case, she said, when the contract language requires that an arbitrator's decision be binding on both parties."

O'Brien, Tim. "Shen to fight rehiring drug-test flunking driver; CSEA union criticizes school board's decision to appeal court ruling." Albany Times Union. December 8, 2011: D6.

“DiDomenicantonio submitted to the test upon returning to the bus garage after delivering children to school that day. When the test results came back, she was placed on unpaid suspension and then fired in November 2009 [...] she contended she hadn’t smoked but may have been exposed to secondhand smoke or inadvertently eaten marijuana-laced food […] “It is unclear whether DiDomenicantonio still wants the job back more than two years after being fired, but the decision goes beyond her specific case and bodes well for worker issues, said CSEA spokeswoman Therese Assalian. ‘There is a clear process for discipline,’ Assalian said. ‘They chose to throw that out the window and proceed a different way. You can’t just throw that out the window because you don’t like it.’ […] CSEA attorneys also are reviewing the decision, Assalian said.”)

Zarnowski, Tatiana. “Court: Shen bus driver shouldn’t be fired; District told to abide by contract for bad drug test.” Daily Gazette [Schenectady, New York]. December 2, 2011.

Matter of Shenendehowa Cent. School Dist. Bd. of Educ. v. Civil Serv. Employees Assn. Inc., 2010 NY Slip Op 52107 - NY: Supreme Court, Saratoga 2010 ("Second hand smoke or her unwitting ingestion of marijuana laced food prepared by her daughter.")

In the Matter of Arbitration between Shenendehowa Central School District Board of Education, 90 AD 3d 1114 - NY: Appellate Dic., 3rd Dept. 2011

Evidently the School Bus Safety Bill concerning drivers who make the decision to drive school buses full of children on public roads while under the influence did not pass the NYS Assembly years ago:

Garrison, William D. "Bus drivers must be made to follow rules." Albany Times Union. July 19, 1997: A6.

"A driver must not be able to use this binding arbitration or collective bargaining loophole in order to continue in his or her career as a bus driver in the same or other districts."

Prentiss, Robert G. "Legislature should take responsibility for its laws." Albany Times Union. March 4, 1999: A10.

The "loophole" seemingly is that the agreement permits schools to fire such drivers, but arbitrators who ignore that part of the agreement can be used to file frivolous lawsuits.

"Suspension without pay or discharge may be invoked with less than two (2) written warnings where the employee's conduct creates a danger to the health, safety or welfare of staff, students and/or the general public or creates a danger to property. A positive result in any required drug or alcohol test is considered such a danger to health, safety or welfare of staff and/or the general public or creates a danger to property."

Agreement by and between the Shenendehowa Central School District and CSEA Local 1000 AFSCME AFL-CIO § 47 ( c) (4)

"The district successfully changed a clause in the new CSEA contract passed recently allowing officials to suspended without pay or discharge an employee with less then two written warnings concerning positive results for drug or alcohol use, according to district documents."

Gardiner, Bob. "School bus driver quits after positive drug test." Albany Times Union. June 12, 1997: B7.

Is there nothing that can be done?

Recidivism among such drivers, at least within Shenendehowa, seems to have been significant:

Jacalyn Frances Gibbs

"State Police said the arrest of Jacalyn Frances Gibbs, 39, of 9 Birchwood Drive followed a lengthy investigation into marijuana trafficking in the Clifton Park area. She was arrested Tuesday after police, armed with a warrant, searched her house and seized two ounces of marijuana, $300 and drug paraphernalia. Gibbs was charged with third-degree criminal sale of marijuana, a felony, and two misdemeanors: criminal possession of marijuana and endangering the welfare of a child. [...] The investigation also resulted in the arrest of a 15-year-old boy, who was charged with unlawfully growing marijuana. The youth's name was not released because of his age. The case was referred to Family Court, whose proceedings are confidential, and he was released into the custody of his father. [...] State Police said the investigation is continuing. They did not say whether Gibbs is suspected of selling the drug to students."

Ringwald, Christopher. "Shenendehowa Bus Driver Suspended After Drug Arrest." Albany Times Union. January 12, 1995: B5.

"2000 Harley Davidson Motorcycle operated by JACALYN F. GIBBS, of Clifton Park, had been struck by a 2000 Kenworth dump truck. Investigation showed that Gibbs had maneuvered her motorcycle into the 'No Zone' at the front of the dump truck while traffic was stopped for a red signal at the intersection. The operator of the truck did not see GIBBS maneuver her motorcycle into the space in front of his truck. As the light turned green and the truck operator started forward he was unable to observe the motorcycle. The Motorcycle and operator were struck and pushed down the highway a short distance before the driver brought his truck to a stop.

"Efforts to resuscitate GIBBS were unsuccessful, and she succumbed to her injuries at the scene. "Motorcycle dumptruck fatal accident in Halfmoon.” New York State Police Newsroom. June 18, 2012.

"Jacalyn F. (Perkins) Gibbs." Albany Times Union. June 2012. (“Jacalyn was employed as a bus driver, most recently for Tri City Ambulette in Menands”)

Sherry Baker

"District and union officials have refused to identify the woman on the grounds that she was not charged with any crime, terming the issue was an internal personnel matter. […] [Superintendent John] Yagielski said school officials feel confident after talking to the driver that any alleged drug use was an isolated incident and not an ongoing problem."

Gardinier, Bob. "Bus driver rehired after failing drug test." Albany Times Union. August 23, 1996: B4.

Gardinier, Bob. "School bus driver quits after positive drug test." Albany Times Union. June 12, 1997: B7.

Lisi, Michael. "Shen bus driver fails drug test, resigns." Daily Gazette [Schenectady, NY]. June 12, 1997: B1.

Drivers' activity is not restricted to drug use, driving under the influence, and involving a minor child in unlawfully growing marijuana, but also has included remorselessly making a threat of hiring a professional killer to murder a whistleblower:

Donna Bottari case

"Albany Donna Bottari was so steamed that a fellow Saratoga Springs school bus driver reported her erratic driving in May 2002 that she told a co-worker she was going to arrange a 'hit' on him, according to a court decision released Thursday. Not a good idea. Following a two-year court battle, the Appellate Division of state Supreme Court ruled Thursday that Bottari must be fired. The 4-0 decision reversed a move by Saratoga County Supreme Court Justice Thomas D. Nolan Jr. to reinstate Bottari last summer. […] 'We're disappointed with the decision,' said Therese Assalian, a spokeswoman with the Civil Service Employees Association. 'We agree with the lower court, and we're considering our options. 'That might include taking the case to the Court of Appeals, she said.'"

Bolton, Michael Morgon. "Bus Driver Firing Upheld" Albany Times Union. January 30, 2004: B4.

"In May 2002, petitioner, a school bus driver employed by respondent Saratoga Springs City School District, was reported by another driver, Brian Winne, for driving her own bus erratically. A few days later, petitioner confronted Winne and verbally berated him. Petitioner also told another coworker that she was going to 'get a hit out on [Winne]' because he filed the report against her. [...] petitioner had erratically operated a school bus, had used threatening and obscene language against Winne and had threatened to 'get a hit man to take Winne out.' […] petitioner's poor judgment and lack of remorse, the disturbing nature of her comments"

In the Matter of Bottari v. Saratoga Springs City School District, 3 AD 3d 832 - NY: Appellate Div., 3rd Dept. 2004.

CSEA's evidently been threatening Shenendehowa in order to force them to rehire drug-abusing school bus drivers for sixteen years at least. It's not all that surprising when one considers, e.g. the case of Steven Raucci, school facilities supervisor and convicted bomber:

Steven Raucci

“Capital Region CSEA spokeswoman Therese Assalian said the Schenectady CSEA Local 407 chapter had been placed in ‘administratorship’ on Monday, which means that the state CSEA will take over day-to-day operations of the bargaining unit. She said the local chapter also has a vice president, treasurer and secretary, but state CSEA believed it was best to step in as a result of the allegations against Raucci. Assalian believed Raucci has been president since 2001 and receives no salary for the position. She was not aware of any issues at the local chapter. She said the local chapter functions fairly independently, although it receives support from the regional and state organization. Assalian said it was somewhat unusual — though not unheard of — that Raucci would be union president while holding a management position. ‘It’s not something we can control or change.’”

Cook, Steven and Michael Goot. “Raucci charged in Schodack case; Alleged arsonist Steve Raucci posted $200,000 bond Tuesday and was released — into the waiting handcuffs of a Schodack police detective.” Daily Gazette [Schenectady, NY]. February 25, 2009.

"Since his arrest a week ago on a first-degree arson charge, and the discovery of a small explosive device in his office at Mont Pleasant Middle School, a portrait has begun to emerge. It shows a man who'd grown up in a family involved both in organized crime and a murderous personal dispute. Carney painted him as someone who'd coveted power and sought to strike fear into the hearts of anyone who stood in the way of him, his associates or even his school and union. ‘He has a more than 20-year history of intimidation and vandalism, and that's his pattern,’ Carney said on the Vandenburgh show. […] The state CSEA has taken over daily leadership of the local unit at Schenectady schools, said Therese Assalian, a regional spokeswoman."

Hutchins, Ryan. "Dark portrait of suspect grows; Prosecutor says school official routinely used fear as tactic." Albany Times Union. February 27, 2009: A1.

Gavin, Robert. "Raucci can keep pension, court says; High court says victims can't sue convicted felon to confiscate his pension." Albany Times Union. February 20, 2013. http://www.timesunion.com/local/article/Raucci-pension-ruling-reversed-4289845.php

Sincerely,

Christopher K. Philippo

---

“Make you the world a bit better or more beautiful because you have lived in it.” - Edward W. Bok

Bollocks

"Three varsity wrestlers bound a 13-year-old boy with duct tape on a bus — at the state wrestling meet — and sodomized him with a pencil […] townies sided overwhelmingly with the coach and the pencil-wielding attackers"

[...]

"At New York’s fancypants Bronx High School of Science, three members of the track team stand accused of violently sexual abusing at least one younger student, reports CBS New York.

"'You need a good fingering, you freshman,' one of the attackers allegedly told the victim at one point."

"Anal hazing is apparently a thing in American high schools now." June 21, 2013. http://news.yahoo.com/anal-hazing-apparently-thing-american-high-schools-now-140040056.html

Yikes. Not that it's anything new, unfortunately. New York might be a pioneer of anal hazing and pedophilia in athletics (setting aside the naked wrestling and pedophilia in ancient Greek times). It may even have the debatable honor of being the first state to have a court define tea bagging, something which might eventually be quoted to support a definition in a dictionary - if that hasn't already happened.

"In early October 2001 defendant McGreevy, the president of the Board of Education, received a letter from [...] a parent of a high school football player. Ashdown relayed stories she had heard of disturbing misbehavior in the boys' locker-room such as a 'shampoo bottle [being] shoved up [a student's] rectum.' Cioffi and another administrator investigated Ashdown's allegations. The investigation led to an October 12, 2001 interview with a student on the football team. The student, a 14-year-old freshman, told Cioffi that he had been 'tea-bagged' by other football players. Tea-bagging is a hazing act — indeed a form of sexual assault — during which the victim is pinned down on the floor by several players while another player rubs his genitalia in the victim's face. After the hazing was brought to Superintendent Johnson's attention, the School District took certain steps to address it, such as changing supervision protocols in the football locker rooms, seeking the involvement of the New York State Police, and advising parents in the School District that unspecified incidents of 'sexual harassment and/or hazing' had been uncovered. The School District, however, failed to inform the parents of the freshman who had been the victim of the assault recited above."

Cioffi v. Averill Park Central School Dist., 444 F. 3d 158 - Court of Appeals, 2nd Circuit 2006. http://scholar.google.com/scholar_case?case=13649274941473483080

Another excerpt from the above:

"On January 31, 2002, after learning of the impending abolition of his position, Cioffi held a press conference during which he expressed his belief that the Board's decision to eliminate his position was in retribution for his criticisms regarding Coach Earl, the football program, and the investigation into the tea-bagging. Plaintiff reiterated his overriding concern for the student athletes. […] Cioffi also chronicles his many complaints about the football program over the years, indicating that his alarms were raised to no avail. Cioffi ends his letter voicing consternation about the manner in which the Board and school administration conducted the investigation."

"The US. Supreme Court declined last week to hear a dispute between the Averill Park, N.Y., school district and its former athletic director, who alleged that the district had infringed his right to free speech."

A., T. "Justices Decline To Review Employee-Retaliation Case." Education Week 26.8 (2006): 21. Academic Search Complete. Web. 24 June 2013.

Nice to know just how much area school administrators care about hazing, assaults, etc....

At least one area sportscaster has vigorously, unapologetically defended hazing in print (any apology from him would be meaningless), though what his public (or actual) opinion is on anal hazing, I don't know. Hopefully nobody much looks up to or listens to sportscasters?

"Why all the fuss over the Giants' hazing incident? It's over with, and the only person to blame is punter Steve Weatherford, who posted the video on Twitter, and then apologized. Boys will be boys, but the video usually stays in house. Prince Amukamara, who got dunked for the eighth time in two years, did not get hurt, and head coach Tom Coughlin made his point. So much for a quiet preseason. NewsChannel 13's Rodger Wyland can be heard weekdays from 9 a.m. to noon on WOFX 980 AM."

Wyland, Roger. "Rodger's quick take." Albany Times Union. August 22, 2012. http://www.timesunion.com/sports/article/Rodger-s-quick-take-3808604.php

Coughlin's point appeared to have been that hazing is OK as long as it's kept out of the public eye:

"'No way anything that occurs within this family or within this group should be a part of any kind of social media aspect,' Coughlin said, sounding more irked that the video was posted than he was at the incident itself."

Rock, Tom. "Tom Coughlin miffed Giants posted apparent hazing video online." Newsday. August 19, 2012. http://www.newsday.com/sports/football/giants/tom-coughlin-miffed-giants-posted-apparent-hazing-video-online-1.3914392

The New Jersey-based so-called "New York" Giants (and NFL?) have authorized merchandise made not in New York, not in America, but in China. "NFL New York Giants Infant/Toddler Blanket Sleeper", "New York Giants Sports Beanie Ballz", etc.: made in China. One wonders what John Mara and Steve Tisch have against New York businesses and workers, or isn't the decision up to them? One wonders why the fiction of city or state ties to sports teams is still maintained when teams don't have any allegiance to any government and seemingly can be bought and sold pretty much as the owners like?

Presumably the lead content of children's toys is better regulated now than it was six years ago.

Lipton, Eric S. and David Barboza. "As More Toys Are Recalled, Trail Ends in China." N.Y. Times. June 19, 2007. http://www.nytimes.com/2007/06/19/business/worldbusiness/19toys.html?pagewanted=all&_r=0

What abandoning academic integrity gets you?

Iorizzo, Pete. "Dane's new digs unveiled." Albany Times Union. June 23, 2013: B1, B6.

UAlbany's supposed "vice president and director of athletics Lee McElroy," who the NYS Department of State indicated had not sworn and filed an Oath of Office with the NYS Secretary of State when he was appointed, took media on a tour of UAlbany's (Hearst's?) new $24 million dollar or so stadium that they're hoping to expand for an additional $20 million or more. "Four luxury suites go for $150,000 for a five-year contract" No mention in the Times Useless' article of the conflicts of interest involved with the Times Union's history and Times Union publisher and UAlbany Foundation Board of Directors President George Randolph Hearst's history with athletics misadventures at UAlbany, naturally.

"The Times Union will pay $158,000 to the University at Albany for maintenance and security for the 1997 training camp […] The Giants put the Capital Region on the map and hopefully in the big picture it will generate revenues. […] the Giants training camp fell short of economic expectations […] local business owners, who had hoped out-of-town Giants fans would spend money by eating, shopping and drinking locally, said last summer that business was much slower than expected. Many also said fans didn't come from great distances to watch the team practice. […] Because the Times Union covers the University at Albany, its sports programs and the Giants summer camp, there's a possibility for conflict of interest […] "We simply talk about this a lot and do our darndest to prevent it" […] University at Albany President Dr. Karen Hitchcock said no university money will be used to offset the costs to have the Giants train at the university."

Bryce, Jill. "Giants camp gets new backers." Daily Gazette [Schenectady, NY]. July 19, 1997: B6.

Maybe Governor Cuomo could take a look at that... (yeah, that'll happen).

In keeping with New York's tradition of foolishly naming things after living people (e.g. the Joseph L. Bruno Stadium), UAlbany has a "Bob Ford Field". Bob Ford:

"In an effort to broaden the scope of the University Police Department’s (UPD) community policing initiatives, the Great Dane Ride Along Program has been created. The concept was put into action by UPD Chief J. Frank Wiley and head football coach Bob Ford. The Program will bring together officers of UPD and members of the University’s football team. The players will ride on regular patrol with the officers in two hour shifts.

"'The program will expose the students to some of the problems University Police Officers face every day and at the same time will expose the officers to some of our student-athletes,' Ford said. 'This is one of those things that only good can come from.'

"According to Wiley, both the players and the officers are excited about this opportunity and so far, approximately 60 players have volunteered to participate in the program. He added that special planning will be used to ensure that the program will not interfere with the players’ academic schedules. University Police officers assigned to Quad Liaison duties will coordinate the department’s efforts. The program took effect after spring break."

"Great Dane Ride Along Program." highLIGHTS. University Update 20(13). April 2, 1997. http://www.albany.edu/updates/1997/4-2/highlights.html

"nothing can possi-blye go wrong. Er, possi-bly go wrong. Heh, that's the first thing that's ever gone wrong." - "Itchy and Scratchy Land." The Simpsons

"While six sexual assaults have been reported on the UAlbany campus since September, university police contacted Albany County District Attorney David Soares' office for only one - the alleged rape of a freshman woman by the three football players. In the five other cases, the victims declined to press charges. In the case involving the football players, the district attorney's office was called by a television station before receiving a call from the UAlbany police. […] Wiley said university police usually wait until after an arrest, and this was the first time in his 10 years at the school that they contacted prosecutors before an arrest. […] After the forum, Wiley declined interview requests, saying he only conducts interview by e-mail. 'I've been misquoted in my time here. I have been the object of irresponsible, gotcha journalism,' he said. Wiley steered questions to his officers".

Crowley, Cathleen F. "Handling of rape case defended; UAlbany police chief says officers followed protocol in dealing with alleged assault." Albany Times Union. October 26, 2006: A1. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=6365244

"University Police Department Chief Frank Wiley used to forum to defend UPD's procedure in arresting the two football players, reiterating the fact that they are not obligated to notify the D.A. when making an arrest because there is no set in stone procedure. Each case differs, according to Wiley.

"'There was no lapse in protocol because there is no protocol,' Wiley said at the forum".

Markovetz, Jessie. "Officials respond again." Albany Student Press. November 2, 2006. http://www.albanystudentpress.org/news/officials-respond-again-1.782232

UAlbany athletics' ambitions to emulate Joe Paterno and Penn State, as Bob Ford has explicitly stated in the past (at least he was honest about it):

"What impact do you think Division I athletics will have on the University's relationship with the community? A community as a whole becomes identified with a college or a university that exists within its boundaries. Penn State, as an example, has a community that identifies with that institution. So I think that the City of Albany will eventually identify with the University at Albany, and our intercollegiate athletics program will probably be a source of pride for the city."

“Bob Ford on Division I: Community and Campus Pride.” Albany Magazine. http://www.albany.edu/pr/fordnew.html

"Albany has a reputation for grooming young coaches. How do you use your coaching staff? I heard Joe Paterno say, ‘You hire good people, give them a job to do, and don’t look over their shoulders all the time.’ I’d say that’s the way I approach my staff."

Coaching Management, 8.4, May 2000, http://www.momentummedia.com/articles/cm/cm0804/qaford.htm

"'I'll miss a good friend and I think we'll all miss a coaching legend,' said Bob Ford, UAlbany's Head Football Coach. […] Ford was a friend of Paterno's, and remembers the coach's life fondly. [...] 'he himself did nothing wrong, but as he said, he wished he did more,' said Ford."

Cruz, Megan. "Locals mourn Paterno." YNN. January 22, 2012. http://saratoga-north.ynn.com/content/your_news/571083/locals-mourn-paterno/

In fact Paterno had done wrong. Ford's belief that Paterno had acted within the bounds of what is morally, ethically, legally right might indicate Ford's own compass takes him the wrong direction. The same might be said of Ford's continued belief that Paterno was a "good friend" (a "good friend" would not have done what Paterno did). Ford's own statements and actions would also appear to indicate football is the alpha and the omega for him, and nothing else matters.

"I talk to this football squad all the time about things that I think are important in life."

Singelais, Mark. "Ford insists UAlbany reputation unharmed; Coach says university should weather arrests of 3 players." Albany Times Union. October 20, 2006: C1. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=6364233

His players weren't concerned that Ford would be angry at them for gang raping a woman. Ford was unworried about the impact on the university of his players gang raping a woman... or the impact on the woman. Maybe Ford should start considering not gang raping women to be one of the important things in life and start talking to his football squad about not gang raping women? His continued admiration for Paterno makes that event seem terribly unlikely.

shall investigations "dedicated to rooting out corruption among public officials in Albany" ensue?

"The Governor also refused to compromise when it came to cleaning up Albany and dealing with public corruption scandals. He proposed a tough anti-corruption and reform agenda in Albany and gave the legislature a simple choice: Pass the legislation or face an investigative commission dedicated to rooting out corruption among public officials in Albany."

The legislation didn't pass, so the investigations will immediately ensue, right? Or was Governor Cuomo lying?

As for the "investigative commission," clearly that can't be JCOPE, as it is not "an investigative commission dedicated to rooting out corruption among public officials in Albany".

the off-key stylings of UAlbany's "Clay Aken"

Who is Clarence L. "Clay" "Aken" McNeill, the UAlbany judicial administrator and head of the SUNY-wide judicial administrators group, the man that UAlbany College of Arts and Sciences Associate Dean and Distinguished Professor of History John Monfasani has assessed in writing to be an "incompetent"?

Former President of the State University of New York at Albany's Phi Beta Sigma's Mu Iota Sigma chapter, Clarence L. McNeill:

"Clarence McNeill." Phi Beta Sigma Fraternity Incorporated, Mu Iota Sigma Chapter - Albany New York. http://www.angelfire.com/ny5/phibetasigma/Akin.html

"Clarence McNeill, president of the fraternity’s Mu Iota Sigma chapter" "Slade honored." UAlbany Update 25(14). April 11, 2002. University at Albany.http://www.albany.edu/pr/updates/apr11/tablecampus.htm

"Clay Aken" is the judicial administrator for the University at Albany. He signs his name something like "^ yMcNyl" with those printed letters connected by doodles at their tops - not properly a signature at all, really:

As the angelfire.com webpage states, "Brother Clarence McNeill joined the ranks of Phi Beta Sigma on June 30, 1999. He became interested in joining Sigma after speaking with two of it's [sic] member [sic], Brother Charles Rogers, and Brother Ekwo [sic] King. Both men were doing great things at the University of Albany, and Clarence wanted to be a part of it,. Clarence has served in a variety of leadership positions in Residential Life, and currently serves as the Director of Judicial Services [sic]."

"Brother Clarence serves as the Director of Judicial Affairs at SUNY Albany [sic]." http://www.angelfire.com/ny5/phibetasigma/Pictures.html

He actually was NOT the Director at the time that those pages were written (the latter is dated 2003). He was the Associate Director from 2003-2005, and became the director thereafter. Nothing like a bit of resumé inflation to help advance one's career.

His surname is sometimes spelled with one L at the end, sometimes two. Despite his having allegedly earned his degrees at the University at Albany, where he now works, different pages make different claims about what those degrees are:

BS Business Administration

MS Education Administration

CAS in progress [at that time]

"Degree: B.S. Business Administration, M.S. Education Administration, pursuing CAS" URL: http://www.angelfire.com/ny5/phibetasigma/Akin.html. Accessed: 2012-08-01. (Archived by WebCite® at http://www.webcitation.org/69bPXhT1n )

BA Education Administration

MA Education Administration

CAS Education Administration

"B.A — 95', M.A — 97' & C.A.S — 03' in Education Administration here at the University." URL: http://www.albany.edu/studentsuccess/clarence-mcneil.shtml . Accessed: 2012-08-01. (Archived by WebCite® at http://www.webcitation.org/69bPhCWKJ )

Note also above that the apostrophes are on the wrong side of the abbreviated years: 95' rather than '95.

BA Africana Studies

(MA or MS?) Education Administration & Policy Studies

CAS Education Administration & Policy Studies

"He earned his B.A in Africana Studies in 1995, Master's in Education Administration & Policy Studies in 1997 and his Certificate of Advanced Study in the same discipline."

URL: http://www.albany.edu/studentconduct/staff.shtml . Accessed: 2012-08-01. (Archived by WebCite® at http://www.webcitation.org/69bPqNp53 )

http://www.albany.edu/studentconduct/staff.shtml has since migrated to http://www.albany.edu/studentconduct/staff.php but the inconsistencies regarding degrees and the spelling of his surname have been retained.

There's been yet another new webpage created making still further different claims about McNeill/McNeil's degrees. There's a "Clarence McNeill '95, '07" in one of the outermost rings on the left of the graphic displaying the names of alumni encircling the globe at http://www.albany.edu/ (image at http://www.albany.edu/hpfiles/homepage_banner_alumni.jpg ) It would be somewhat surprising if two men named Clarence McNeill graduated from UAlbany in 1995, but I suppose it's possible. I don't think the names and graduation dates are fictitious; Leroy Van Riper (third ring away from globe on right) really did graduate from UAlbany in 1970, for example: http://www.albany.edu/alumni/Minutes.htm and Stacy Wendroff (second circle) really graduated in 1993: http://www.albany.edu/alumni/council_of_classes.html If that entry represents the same person as McNeill/McNeil, what degree did he supposedly earn in 2007 from the University at Albany?

The U.S. Department of Education's Office of Civil Rights sent me a letter about McNeill/McNeil. Evidently when McNeill/McNeil had e-mailed me a "warning" that I "need to forget about Prof. Barberich" that I'd reported to him for academic dishonesty, faculty ethics violations, sexual harassment, and retaliation, McNeill/McNeil had in fact known that the activity I was engaged in by reporting that professor was protected and that retaliation is prohibited. As such, McNeill/McNeil had to have known that intimidating and threatening me in writing was perhaps not such a good idea.

With respect to McNeill/McNeil's fraternity ties (with UAlbany being a school where there's been at least one hazing death, which was excused as a consensual accidental electrocution/drowning and not an act of hazing), what is the intersection of McNeil's fraternity and judicial systems like elsewhere? There's some indications of what the answer might be:

"incidents that are handled entirely by a school and not by criminal courts usually end in punishments that fall far short of jail time. Or, according to Eileen Stevens, the judicial board uses privacy concerns as an excuse for keeping the details of the punishment of student hazers from ever reaching the public. For example, the University of Georgia's judicial panel found members of Phi Beta Sigma fraternity guilty in the hazing of a school football player, Roderick Perrymond, in a secret session, and refused to divulge to the press which individuals were punished. Perrymond, twenty-one, had been hospitalized with bruised buttocks and broken blood vessels. He charged that three fraternity members—one the chapter adviser—had paddled him more than seventy times" (Wrongs of Passage 33-34).

Wrongs of Passage also mentions that the President of Phi Beta Sigma admitted his own involvement in hazing:

"A few national fraternity reformers, such as [...] former Phi Beta Sigma national president Charles Wright (now deceased), have disclosed to undergraduates their own former involvement in hazing, stressing that it caused people a great deal of pain" (Nuwer 2001, 47-48).

and that a member had been "found murdered in his car" in 1998 at the University of South Florida.

Nuwer, Hank. Wrongs of Passage: Fraternities, Sororities, Hazing, and Binge Drinking. Bloomington, IN: Indiana University Press, 2001.

Phi Beta Sigma members at St. John's University were accused of allegedly beating a fraternity pledge to the extent that he went temporarily blind, had kidney failure, and urinated blood. If an article reprinted online http://www.greekchat.com/gcforums/archive/index.php/t-59590.html quotes the original correctly, "Because the defendants are not charged with hazing, a misdemeanor punishable by up to a year in jail, Justice Daniel Lewis has barred attorneys from using that term during the trial. Instead, the attorneys may use initiation or pledging. Lewis himself is a member of the same fraternity". What business would a member of the fraternity have judging a case involving hazing done by members of his fraternity?

Unsurprisingly, the "Honorable" Judge Lewis found the members of his fraternity "innocent":

Shifrel, Scott. "3 Cleared In Hazing." N.Y. Daily News. December 14, 2004. http://articles.nydailynews.com/2004-12-14/news/18269085_1_paddling-co-defendants-hazing-ritual

UAlbany's chapter of that fraternity, Mu Iota Sigma seems to have had a bit of a fascistic fetish well beyond the fasces in the organization's emblem, judging from their "line names": http://www.albany.edu/~pbs/chapter.html (Archived by WebCite® at http://www.webcitation.org/6EBXvphuI ) "Wolf Pack", "Stormtrooper", "Evil Horde", "Turbulence", "Trauma", "Shockwave", "11 Ways to Die"? I'm not terribly familiar with fraternities, but I looked up what "line names" are. The Greenwood Encyclopedia of African American Folklore states, "Each line is given a line name that characterizes the entire line." McNeill's "Line/Designation" was "Apocalypse #1", the number evidently indicating he was first in those lines of identically-dressed men, marching around campus silently and expressionlessly in straight N/S and E/W lines but never in diagonals or curves (historically, with canes). What does it mean that the character of "Clay Aken" and that of his fraternity brothers, was one of "Apocalypse"?

It's one thing to study WWII history, or to watch horror movies, or whatever. To actually adopt fascist terminology and march around silently and expressionlessly, lacking individuality, like some kind of paramilitary group is kind of… puzzling? I never saw any men doing that while I was there, though, just a sorority doing the same, which was still a bit alienating to see. Why not join the real military or just be themselves?

"Clarence McNeill, Vice President of Judicial Affairs, states that the University does not violate student rights because when a complaint is filed there is process to determine whether or not the complaint is legitimate." http://thefire.org/article/6325.html

One of those things FIRE got wrong and has yet to fix....

McNeill, a bully, had the gall to sign an anti-bullying petition:

"I was bullied and witnessed bullying while growing up. I know how much of a negative impact bullying can have on a person's self-esteem and their ability to treat others with respect."

http://www.change.org/petitions/uabeyondbullying

When I'd been at the university, some women employed there confided that they were afraid to report bullying and sexual harassment by professors there. They saw my experience as confirmation of their fears. McNeill is one of the many people at UAlbany whose job appears to be the intimidation of victims and witnesses so that UAlbany can look on paper like a far safer, more enlightened campus than it really is. If what he wrote online is the truth, when he bullies students (possibly faculty and staff as well?) he knows just how much he's damaging people. His belief that victims of bullying tend not to treat others with respect is peculiar - perhaps he's projecting?

"McNeill is an incompetent; Barberich an outrage; and Alterriba a negligent chair." - Associate Dean John Monfasani

John Monfasani, Associate Dean of the College of Arts and Sciences, UAlbany:

From: "Monfasani, John"

Subject: RE: OCR Case No. 02-12-2157 [SUNY at Albany University]: no "cease and desist order"?

Date: March 26, 2013 10:42:45 PM EDT

To: Christopher Philippo

Chris,

OCR looked for a way out for itself. But the letter could still be useful. On the sexual harassment complaint and any of your other complaints was there ever a hearing by a UAlbany committee? My impression from what you have provided is that you were railroaded by officials with the closest thing to a hearing being the meeting you had with [Jeanette] Altaribba and [Michael W.] Barberich in the former’s office.

John

John Monfasani

Associate Dean, College of Arts and Sciences

Distinguished Professor, History Department

The University at Albany, State University of New York

1400 Washington Avenue

Albany, New York 12222

E-mail excerpts:

On Jun 26, 2012, at 1:54 PM, John Monfasani wrote:

I'm on the Senate Excecutive Committee this coming year. Perhaps, there is something that can be done in respect to profs and administrators.

On Jul 11, 2012, at 5:36 PM, John Monfasani wrote:

All the procedural contradictions you lay out are troubling and your suspicions about their fear of Cleary are plausible, but what really interests me is why are they are so intent on protecting [Michael W.] Barberich, who sounds like disgraceful prof. Let's meet at the Starbucks across from Sears after I get back. I'll contact you after the 26th.

On Jul 11, 2012, at 10:17 PM, John Monfasani wrote:

Wasn't fun, I can tell you that, and, yes, I've paid a price since then. But more when we talk. J

On Jul 14, 2012, at 7:27 AM, John Monfasani wrote:

The real culprit in the tale is [Michael W.] Barberich. I wonder if they'll acknowledge that.

On Jul 29, 2012, at 9:36 PM, John Monfasani wrote:

Nobody in Com. is in a position to tell if there is a cease/desist order in effect. I'll be going into UA tomorrow after being away for almost two months. In the next few weeks, I'll see what I can find out. Sit tight for a while.

On Jul 30, 2012, at 3:41 PM, John Monfasani wrote:

In essence, wittingly and unwittingly, they're all covering for Barberich and then McNeill.

On Aug 1, 2012, at 10:52 AM, John Monfasani wrote:

The faculty as a whole was hostile to Division I for many reasons, one being the corruption you document in your email. I doubt things will change with a new prez. The problem is that there's so much academic corruption apart from athletics, your case being a good example.

On Aug 1, 2012, at 10:59 AM, John Monfasani wrote:

I'm passing this link and the one in the subsequent email on to where it might have some effect.

On Aug 1, 2012, at 12:54 PM, John Monfasani wrote:

Sad. Yes, Communications is one of the depts. I view as a real problem. There are others, but the only way things will turn around is if we have an administration that once them to turn around.

On Aug 1, 2012, at 5:59 PM, John Monfasani wrote:

Yes, I'm sure I have the resolution in my Roberts file. I was the accuser while Kim, Lubensky, and Range were strong supporters in the Senate. Eventually, in the late spring of 2002 there was a general assembly of faculty et al. where the administr. (Hitchcock, Santiago, and forget who else) were at a table in front and I and Kim iterated our accusations and demanded answers which were not forthcoming, a most embarrassing moment for that crew. But somehow Santiago landed on his feet playing the minority card and snagging the Milwaukee job. Even Hitchcock landed well, when forced out by SUNY Central, getting the presidency of Queens College in Ontario, but that ended badly when the faculty and students eventually united in calling for her resignation. The real tragedy is that the lower administration which they appointed hung on there and continued their culture of corruption and mediocrity. We never had the house-cleaning needed to change the intellectual and moral climate here.

On Aug 1, 2012, at 11:05 PM, John Monfasani wrote:

They don't want to deal with what is clearly a screw up on their part. [Clarence L. "Clay"] McNeill is an incompetent; [Michael W.] Barberich an outrage; and [Jeanette] Alterriba a negligent chair.

On Aug 3, 2012, at 8:26 AM, John Monfasani wrote:

I hope you force the whole school to take the oath -- for the first time! When classes start, I'll ask the new members of history if they had to sign any such thing.

On Aug 3, 2012, at 10:17 AM, John Monfasani wrote:

Everybody complains about the Microsoft takeover of our email, but to no avail at the moment. UA's interest in student groups is just for show save in the case of those whose agitation or even existence might be useful to some profs or administrators for ideological, political, or some other reason.

On Aug 5, 2012, at 6:30 PM, John Monfasani wrote:

Send a reply so that I know that this address work. It goes through a Verizon server.

On Aug 5, 2012, at 7:32 PM, John Monfasani wrote:

Glad you can now send me material without fear of UA looking at it. [Clarence L.] McNeill is absurd. He seems to think he can abrogate the 1st amendment of the Constitution for everyone on campus in communicating with you or you with them. I shall be talking to people this week and next. I'm not sanguine about the US D. of Ed., but perhaps you'll get lucky and chance upon someone with ideals and dedication to take up your complaint.

From: John Monfasani

Subject: Re: FOI-L listserv

Date: August 6, 2012 3:56:19 PM EDT

To: "Christopher K. Philippo"

Chris,

Actually, I would welcome them challenging me about you. I think I could turn this into a cause célèbre, which would be mightily embarrassing to them for the very reasons you give and cause them to throw in the towel.

John

From: John Monfasani

Subject: Re: FOI-L listserv

Date: August 8, 2012 2:41:14 PM EDT

To: Christopher Philippo

Chris,

Strange happenings at UA. To my total surprise, I have been offered the position of associate dean of CAS, and I accepted when Dean Wulfert made it clear that she was on the same page with me on improving the scholarly quality of the place. Now this actually means that I have less liberty of action in speaking publicly about you and daring [Clarence L.] McNeill to do something about it. On the other hand, behind the scenes I am better positioned to ask questions, perhaps get answers, and steer people in the right direction. I'm in harness 1 September on. So it will be early fall before I can seriously start nosing about.

John

"Wasn't fun, I can tell you that, and, yes, I've paid a price since then." Yeah.

So it goes.

"Hypocrisy is the greatest luxury (raise the double standard)"

Another hilarious e-mail from Governor Cuomo, one dated July 22, 2013 10:10 PM:

"Under the Governor’s leadership, there were also extraordinary achievements this session that added to the growing reputation of New York State as the progressive capital of the nation, including: [...] Nationally-recognized education reform continuing our work to create a world-class education system that prepares our next generation for the future."

At least he admits that New York doesn't yet have "a world-class education system that prepares our next generation for the future": that much was honest.

Where does New York have a "growing reputation [...] as the progressive capital of the nation"? Who would be so foolish as to believe it?

The most incredible part:

"The Governor also refused to compromise when it came to cleaning up Albany and dealing with public corruption scandals. He proposed a tough anti-corruption and reform agenda in Albany and gave the legislature a simple choice: Pass the legislation or face an investigative commission dedicated to rooting out corruption among public officials in Albany. This commission would determine the key weaknesses in existing law and propose reforms to address those weaknesses in such areas as elections, campaign finance, and the abuse of public office or public funds for personal gain."

Give me a break. Corrupt police, Inspector General, Attorney General, JCOPE, legislature, top court, etc. How about having everyone face an investigative commission dedicated to rooting out corruption among public officials in Albany regardless of whether the legislation is passed or not? That seems unlikely to ever happen under Cuomo (or any governor elected in New York of any party).

"For two and a half years, the Governor has been working to bring efficiency and integrity to Albany, and to create a government that offers the promise of a prosperous future for all."

If only.