SUNY Albany Times Union conflicts of interest continue?

        [Lee A. McElroy, Jr.’s] retirement was announced — abruptly and rather clumsily — this past Monday through an email from the school to the media. […]

[McElroy] isn't the kind of guy who'd ask for a dog and pony show to celebrate his own achievements. [...]

        [UAlbany President] Jones released a statement — a flattering one, at least — and declined further comment.

        Of course, it’s hardly a secret that McElroy and Jones aren’t good buddies, and during a wide-ranging interview Friday, McElroy again declined to discuss his relationship with the president, saying simply, “I’m not going to address that.”

Iorizzo, Pete. "Lack of a plan chased McElroy." Albany Times Union. June 21, 2014: B1, 9.

As per usual, no mention in the 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. Also, what of the NCAA violations under McElroy, sexual assaults by athletes, hazing by athletes, skyrocketing athletics costs, etc.?

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.

Vice President [Lee] McElroy indicated that some student athletes, who may not be prepared academically, such as students of color, may be looking for less rigorous majors and there may be a tendency for clustering in certain academic areas.

University Senate Executive Committee, Monday; April 26, 2010 3:30-5:00 PM, http://www.albany.edu/04-26-10_SEC_Minutes_(rmr).doc

Photographs suggesting hazing and underage drinking by members of the University at Albany women's lacrosse team have surfaced on the Internet, the second time in two weeks a local college team is facing questions about the off-the-field behavior of its athletes.

Singelais, Mark. "Web ensnares UAlbany team." Albany Times Union. June 1, 2006: C1.

The University at Albany's Division I athletic program was placed Tuesday on two years' probation after its baseball and football teams violated an NCAA ban on text-messaging recruits.

The NCAA, the governing body of college athletics, said UAlbany had committed ''major violations.'' But the NCAA agreed to accept the school's self-imposed punishment and refrained from further sanctions.

Singelais, Mark. "UAlbany on NCAA probation." Albany Times Union. January 28, 2009: A1.

"Self-punishment" for major violations is BS. Getting bumped back down to Division III might make more sense (and might lower tuition costs and crime, while raising academic standards).

The State University of New York (University) ensures that its officers and employees take and file an oath of office in compliance with the Constitution of the United States and the Constitution and statutes of the State of New York."

Oath of Office procedure item requirement. http://www.suny.edu/sunypp/documents.cfm?doc_id=546

In 2000 Lee A. McElroy, Jr. was appointed as University at Albany Vice President for Athletic Administration and Director of Intercollegiate Athletics. The NYS Department of State found no oath of office on file for him, which would seem to indicate that Mr. McElroy legally vacated his office back in 2000.

McElroy was given an award, despite the NCAA violations, sexual assaults, hazing, etc. by the National Association of Collegiate Directors of Athletics - a few years after he'd been that association's president. Iorizzo wrote that McElroy's not one to toot his own horn, but that award came pretty close.

Albany's McElroy to be Inducted into the John McLendon Minority Athletics Administrators Hall of Fame" http://www.nacda.com/sports/mclendon/spec-rel/111511aaa.html

From: Christopher Philippo

Subject: induction of Lee McElroy

Date: March 15, 2013 at 3:02:34 AM EDT

To: [Bob Vecchione, National Association of Collegiate Directors of Athletics]

I'm a little puzzled by the induction of Lee McElroy into the John McLendon Minority Athletics Administrators Hall of Fame in 2012. There's been a number of problems in the athletics department at UAlbany, e.g. an alleged gang rape of a woman by several UAlbany football players which UAlbany failed to report to the Albany County District Attorney until the media reported it to the DA and thus forced UAlbany's hand.

"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. […] 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 (emphasis added)

A Memorandum of Understanding (MOU) with the Albany County Sheriff's Office, like N.Y. EDUC. LAW § 355 (2) (l) seems to require, might avoid the problem of SUNY PD choosing to ignore the DA's office's advice to contact the DA's office when they have a case, even prior to an arrest, something ex-athlete, ex-coach Wiley stated he'd never done in his (at that point) ten years there. No such MOU exists, naturally, even seven years after that case.

There's a number of other such serious concerns, and legal ones. Mr. McElroy evidently failed to swear and sign an Oath of Office to the NY and US constitutions with the NYS Secretary of State as legally required http://www.suny.edu/sunypp/documents.cfm?doc_id=546 UAlbany really ought to have told you that, I think, as they ought to be well aware of that problem.

Mr. McElroy would seemingly thus have vacated his office back in 2000 under N.Y. PUB. OFF. LAW § 30 (1) (h) and the legal precedent in People ex rel. Walton v. Hicks (173 App. Div. 338, affd. 221 N.Y. 503), at 341 which states of the New York Public Officers Law:

"This statute is emphatic and unequivocal. It does not seem possible that it can be misunderstood. In case a person appointed to office neglects to file his official oath within 15 days after notice of appointment or within 15 days after the commencement of the term of office, the office becomes vacant, ipso facto. That is all there is to it. No judicial procedure is necessary. No notice is necessary. Nothing is necessary. The office is vacant, as much so as though the appointee is dead. There is no incumbent, and the vacancy may be filled by the proper appointive power"

Mr. Wiley likewise appears to have failed to do what he was legally required and likewise would seem to have legally vacated his office years ago. The same appears to have been true of "President" George M. Philip and others, despite some at UAlbany having multiple Oaths of Office on file and despite it being a law that's rather easy with which to comply, unless one doesn't agree with the oath to do the job to the best of one's ability, or if one finds the NY and US constitutions objectionable I suppose.

Sincerely,

Christopher K. Philippo

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

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"the safety of our students and the security of our campuses is our top priority"

"Statement from Governor Andrew M. Cuomo." Press Releases. September 13, 2012. http://www.governor.ny.gov/press/091412stmtsunythreats

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"Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act" 20 U.S.C. § 1092(f) (17)

"Nothing in this subsection shall be construed to permit an institution, or an officer, employee, or agent of an institution, participating in any program under this subchapter and part C of subchapter I of chapter 34 of title 42 to retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual with respect to the implementation of any provision of this subsection."

Begin forwarded message:

From: "Wilbard, Helen (DOS)"

Subject: FOIL

Date: October 11, 2012 12:25:45 PM EDT

To: Christopher Philippo [...]

October 11, 2012

Mr. Christopher K. Philippo [...]

Dear Mr. Philippo:

        This is in response to your October 9, 2012 Freedom of Information Law (FOIL) request regarding oaths of office for:

         1) Jeanette Altarriba

         2) Michael W. Barberich

         3) Paul M. Berger

         4) Christine Bouchard

         5) Karen Chico Hurst

         6) Sue R. Faerman

         7) Thomas L. Gebhardt

         8) Thomas J. Kilcullen

         9) Lee A. McElroy

         10) Clarence L. McNeill

         11) Tamra Minor

         12) Aran C. Mull

         13) John M. Murphy

         14) George M. Philip

         15) Susan D. Phillips

         16) John H. Reilly

         17) Janet M. Thayer

         18) J. "Frank" Wiley

         19) Edelgard Wulfert

         Your request has been completed and consists of sixteen (16) oaths; one for Jeanette Altarriba; one for Michael W. Barberich; one for Paul M. Berger; two for Karen Chico Hurst; three for Clarence L. McNeill; one for Tamra Minor; one for Aran C. Mull; one for John M. Murphy; two for Susan D. Phillips; one for Janet M. Thayer; and two for Edelgard Wulfert. The Department of State found no oaths for the others listed above. Copies are provided at a cost of fifty cents ($.50) per page. Please remit a check or money order made payable to the Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231 in the amount of $8.00 and return it along with a copy of this letter. If payment is not received within 30 days of this correspondence, the Department will deem that the request has been withdrawn.

Sincerely,

Helen Wilbard

Assistant Records Access Officer

HW:srw

"when the people become ignorant and corrupt"

"The Government has been in the hands of the people. To the people, therefore, and to the faithful and able depositaries of their trust is the credit due. Had the people of the United States been educated in different principles had they been less intelligent, less independent, or less virtuous can it be believed that we should have maintained the same steady and consistent career or been blessed with the same success? While, then, the constituent body retains its present sound and healthful state everything will be safe. They will choose competent and faithful representatives for every department. It is only when the people become ignorant and corrupt, when they degenerate into a populace, that they are incapable of exercising the sovereignty. Usurpation is then an easy attainment, and an usurper soon found. The people themselves become the willing instruments of their own debasement and ruin. Let us, then, look to the great cause, and endeavor to preserve it in full force. Let us by all wise and constitutional measures promote intelligence among the people as the best means of preserving our liberties." - President James Monroe

"First Inaugural Address of James Monroe; Tuesday, March 4, 1817." James Monroe Museum and Memorial Library. http://jamesmonroemuseum.umw.edu/about-james-monroe/research/articles/

Happy Father's Day!

"That our democracy ultimately rests on public opinion is a platitude of speech but not a commonplace in action. Public opinion is the ultimate reliance of our society only if it be disciplined and responsible. It can be disciplined and responsible only if habits of open-mindedness and of critical inquiry are acquired in the formative years of our citizens. The process of education has naturally enough been the basis of hope for the perdurance of our democracy on the part of all our great leaders, from Thomas Jefferson onwards.

"To regard teachers—in our entire educational system, from the primary grades to the university—as the priests of our democracy is therefore not to indulge in hyperbole. It is the special task of teachers to foster those habits of open-mindedness and critical inquiry which alone make for responsible citizens, who, in turn, make possible an enlightened and effective public opinion. Teachers must fulfill their function by precept and practice, by the very atmosphere which they generate; they must be exemplars of open-mindedness and free inquiry”

Wieman v. Updegraff, 344 US 183, 197 (1952) (Frankfurter, J., concurring).

“The vigilant protection of constitutional freedoms is nowhere more vital than in the community of American schools."

Shelton v. Tucker, 354 U.S. 479, 487 (1960)

"the State may not, consistently with the spirit of the First Amendment, contract the spectrum of available knowledge. The right of freedom of speech and press includes not only the right to utter or to print, but the right to distribute, the right to receive, the right to read (Martin v. Struthers, 319 U.S. 141, 143) and freedom of inquiry, freedom of thought, and freedom to teach (see Wiemann v. Updegraff, 344 U.S. 183, 195) — indeed, the freedom of the entire university community. Sweezy v. New Hampshire, 354 U.S. 234, 249-250, 261-263; Barenblatt v. United States, 360 U.S. 109, 112; Baggett v. Bullitt, 377 U.S. 360, 369. Without those peripheral rights, the specific rights would be less secure.”

Griswold v. Connecticut, 381 U.S. 479, 482 (1965)

"Our Nation is deeply committed to safeguarding academic freedom, which is of transcendent value to all of us and not merely to the teachers concerned. That freedom is therefore a special concern of the First Amendment, which does not tolerate laws that cast a pall of orthodoxy over the classroom. ‘The vigilant protection of constitutional freedoms is nowhere more vital than in the community of American schools.’ Shelton v. Tucker, supra, at 487. The classroom is peculiarly the ‘marketplace of ideas.’ The Nation’s future depends upon leaders trained through wide exposure to that robust exchange of ideas which discovers truth ‘out of a multitude of tongues, [rather] than through any kind of authoritative selection.' United States v. Associated Press, 52 F. Supp. 362, 372. In Sweezy v. New Hampshire, 354 U. S. 234, 250, we said: "'The essentiality of freedom in the community of American universities is almost self-evident. No one should underestimate the vital role in a democracy that is played by those who guide and train our youth. To impose any strait jacket upon the intellectual leaders in our colleges and universities would imperil the future of our Nation. No field of education is so thoroughly comprehended by man that new discoveries cannot yet be made. Particularly is that true in the social sciences, where few, if any, principles are accepted as absolutes. Scholarship cannot flourish in an atmosphere of suspicion and distrust. Teachers and students must always remain free to inquire, to study and to evaluate, to gain new maturity and understanding; otherwise our civilization will stagnate and die.’”

Keyishian v. Board of Regents of Univ. of State of NY, 385 US 589, 603 (1967)

Somehow not even that last one above seems to be well-known at the State University of New York (or at the U.S. Department of Education, for that matter).

"Effective immediately, you are hereby notified that you are to cease and desist all contact with any office, department, unit or employee at the University other than me. As of this date, the University has designated me as your sole contact for all written and oral communication with the University, including, but not limited to, telephone calls and messages, emails, and mailed and faxed correspondence. I will determine when and if your communications will be addressed by the University. [...] This decision may only be reconsidered by me as the agent of the President of the University. If you continue to contact others at the University, the University may consider your actions to constitute harassment, and consult with local authorities about the University’s options to protect its interests. Thank you." - Clarence L. McNeill (and cc'd by him to George M. Philip, Vice President for Student Success Christine Bouchard, Senior Counsel John Reilly, Associate Counsel Janet Thayer, Clery Act Compliance Officer John M. Murphy, and Police "Chief" J. "Frank" Wiley)

SUNY Albany: where coercive prior restraint on freedom of speech, freedom of inquiry, freedom of association, etc. without due process meets with the tacit approval of the SUNY Office of General Counsel. Where a visiting assistant professor is free to abuse the police powers of the state by falsely reporting as a crime a student allegedly "challenging his teaching abilities and methods throughout the semester" (i.e. reporting his academic dishonesty, faculty ethics violations, sexual harassment, and retaliation - things the university encourages and even requires students to report), and the notoriously corrupt armed campus police are only too happy to back written threats made against students.

"The fact is that many SUNY security officers became such because they could not qualify for appointment as Police Officers in police agencies.

Our other concern pertains to the tendency of campus officials — and their security forces — to create their own standards for applying the State’s criminal laws on campus. [...] Campus police officers will inevitably be pressured by their campus administrations to ignore certain crimes"

Peter R. Kehoe, New York State Sheriffs' Association Institute Counsel and Executive Director, July 17, 1998.

“Our concern over this bill is increased by the fact that, under the bill, the SUNY police officers would be appointed by a member of the educational bureaucracy who is in no way accountable to the general citizenry. We have always argued that it is a very dangerous thing to give the state’s police powers to officers who are shielded from accountability to the public by multiple layers of appointed bureaucrats, none of whom are chosen by the electorate. The person who controls the police power must be directly accountable to the public or we run a great risk of losing our freedom” ["directly" was underlined in the original]

"NYS Sheriffs’ Association Memorandum in Opposition." New York State Archives. New York (State). Counsel to the Governor. Legislative bill and veto jackets, 1883-2008. 12590-99. 1998, Chapter 424, pages 1-33. http://iarchives.nysed.gov/dmsBlue/viewImageData.jsp?id=163150

"SUNY police chiefs serve at the pleasure of the campus president, thus are motivated to keep crime stats down by any means […] SUNY can no longer afford to staff, or overstaff, a body, or overstaff, a body which is subject to inefficiencies, manipulation, cronyism, ill motivation and mismanagement."

Peter Barry, VP & Legislative Director of NYS University Police Officers Union Local 1792 of the American Federation of State County & Municipal Employees AFSCME, Council 82 & AFL-CIO. (127-128). NYS Senate Public Forum on SUNY Operations before the NYS Senate Bipartisan Task Force on Government Efficiency." March 2010. http://www.nysenate.gov/files/SUNY%20Testimony%20pt.%203.PDF

The New York State Sheriffs' Association Institute definitely called that one right....

Costly inquiry stagnating and injuring civilization: to use a term of Chancellor Nancy Zimpher's, "systemness."

"If you start me up I'll never stop."

"University at Albany's Campus Plan for Designation of Tax-Free Area(s)"

"UAlbany has identified the below list of spaces within its campus boundaries to be designated under the START-UP NY initiative [...] East Campus — Up to 8,631 SF of lab and office spaces."

http://startup.ny.gov/wp-content/uploads/2014/04/SUNY-Albany.pdf (Archived by WebCite® at http://www.webcitation.org/6Q53oUkK6)

If the East Campus is owned by the University at Albany Foundation and not the State of New York as the incompetent Clarence L. McNeill has claimed, and the University at Albany thus passes along the expense of security for that campus to the Town of East Greenbush and/or Rensselaer County Sheriff's Office and/or State Police despite lacking a Memorandum of Understanding with those law enforcement agencies, why is it that the East Campus would qualify for the START-UP NY initiative?

Clarence L. McNeill to CKP, December 3, 2013 11:06:29 AM EST, in relevant part:

"Regarding your requests for local police agency cooperation agreements between the University at Albany and the Ontario County Sheriff, the Rensselaer County Sheriff, the Rensselaer City Policy, and the Warren County Sheriff, the University has no documents that are responsive to your request.

"The State of New York, on behalf of SUNY and the University at Albany, does not own the East Campus property or the property that the Smart System Technology & Commercialization Center is located on or the Dippikill property. As such, In addition, the University at Albany does not have University Police stationed at any of the said properties."

Seemingly officers will still go to the East Campus while on duty, however: "EAST CAMPUS: ARE YOU READY? [...] Join us for this informative session provided by Paul Berger, UPD Assistant Chief and member of the UAlbany Emergency Preparedness Advisory Committee and EAP Committee. [...] WHERE: Room 110A [East Campus, School of Public Health]http://www.albany.edu/eap/images/EAST_Preparedness_Program.pdf

That seems about as dodgy as University at Albany Records Access Officer Lisa Taylor claiming on June 28, 2012 at 10:35:05 AM EDT that UAlbany has no records of donations to the athletics department - something the donors themselves might find problematic.

University at Albany athletics department donors and athletic event sponsors and co-sponsors (of events, tickets, t-shirts, etc.) 2002-2003 (Including specific Corporations, Foundations, Organizations, and Individuals) University at Albany athletics department donors and athletic event sponsors and co-sponsors (of events, tickets, t-shirts, etc.) 2003-2004 (Including specific Corporations, Foundations, Organizations, and Individuals) University at Albany athletics department donors and athletic event sponsors and co-sponsors (of events, tickets, t-shirts, etc.)2004-2005 (Including specific Corporations, Foundations, Organizations, and Individuals) University at Albany athletics department donors and athletic event sponsors and co-sponsors (of events, tickets, t-shirts, etc.) 2005-2006 (Including specific Corporations, Foundations, Organizations, and Individuals) University at Albany athletics department donors and athletic event sponsors and co-sponsors (of events, tickets, t-shirts, etc.) 2006-2007 (Including specific Corporations, Foundations, Organizations, and Individuals) University at Albany athletics department donors and athletic event sponsors and co-sponsors (of events, tickets, t-shirts, etc.) 2007-2008 (Including specific Corporations, Foundations, Organizations, and Individuals) University at Albany athletics department donors and athletic event sponsors and co-sponsors (of events, tickets, t-shirts, etc.) 2008-2009 (Including specific Corporations, Foundations, Organizations, and Individuals) University at Albany athletics department donors and athletic event sponsors and co-sponsors (of events, tickets, t-shirts, etc.) 2009-2010 (Including specific Corporations, Foundations, Organizations, and Individuals) University at Albany athletics department donors and athletic event sponsors and co-sponsors (of events, tickets, t-shirts, etc.) 2010-2011 (Including specific Corporations, Foundations, Organizations, and Individuals) University at Albany athletics department donors and athletic event sponsors and co-sponsors (of events, tickets, t-shirts, etc.) 2011-2012 (Including specific Corporations, Foundations, Organizations, and Individuals)

STATUS: There are no documents responsive to this portion of the request.

Hmm.

SUNY Deputy General Consigliere Marti Anne Ellermann, Freedom of Information, Open Meetings, and journalist ethics

SUNY Deputy General Consigliere Marti Anne Ellermann on (among other things) the written threat by the President of the SUNY-wide judicial administrators' group Clarence L. McNeill ( http://www.albany.edu/staff.php ) not to contact SUNY Albany's Records Access Officers and others, essentially her advice on the banning of FOIL requests for specific people (one, at least) who have the nasty habit of making FOIL requests relevant to serious crimes committed by SUNY: “I suggest no response.”

Did Ms. Ellermann not make an Oath of Office "I do solemnly swear (or affirm) that I will support the constitution of the United States, and the constitution of the state of New York, and that I will faithfully discharge the duties of the office of ______________________, according to the best of my ability", or does she simply not take such an oath seriously?

"New York State Sunshine Laws, Open Meetings and Freedom of Information Law" PowerPoint by D. Andrew Edwards and Marti Anne Ellermann:

"Open Meetings Law does not apply to advisory bodies"; "Open Meetings Law does not apply to non-SUNY entities i.e. ASCs, Foundations"; denying students entrance to community college senate meeting is "exercising a 'quintessentially governmental function'" http://www.slideserve.com/elma/update-on-new-york-state-sunshine-laws-open-meetings-law-and-freedom-of-information-law-foil

Why would the SUNY Deputy General Counsel propagate such legal counsel? It would seem a conflict of interest for SUNY to provide it for SUNY foundations, aside from which: wouldn't every SUNY foundation have its own consigliere?

SUNY system administration indicated they do not keep records of who the FOIL officers are for University Foundations. Surprisingly, perhaps, they did not deny that the foundations are subject to FOIL or that they have Records Access Officers, which would have been the obvious response to make if they're not: https://www.muckrock.com/foi/new-york-16/suny-university-foundations-records-access-officers-4908/

.

The Committee on Open Government has repeatedly held for over twenty years that SUNY foundations and similar organizations are subject to FOIL:

July 15, 1993. http://docs.dos.ny.gov/coog/ftext/f7802.htm

"In a decision that involved what may be characterized as an adjunct of a public institution of higher education, it was held that a community college foundation, a not-for-profit corporation, and its records are subject to the Freedom of Information Law. As stated by the court:

"'At issue is whether the Kingsborough Community College Foundation, Inc (hereinafter 'Foundation') comes within the definition of an 'agency' as defined in Public Officers Law §86(3) and whether the Foundation's fund collection and expenditure records are 'records' within the meaning and contemplation of Public Officers Law §86(4).

"'The Foundation is a not-for-profit corporation that was formed to 'promote interest in and support of the college in the local community and among students, faculty and alumni of the college' (Respondent's Verified Answer at paragraph 17). These purposes are further amplified in the statement of 'principal objectives' in the Foundation's Certificate of Incorporation:

"'1 To promote and encourage among members of the local and college community and alumni or interest in and support of Kingsborough Community College and the various educational, cultural and social activities conducted by it and serve as a medium for encouraging fuller understanding of the aims and functions of the college'.

"Furthermore, the Board of Trustees of the City University, by resolution, authorized the formation of the Foundation. The activities of the Foundation, enumerated in the Verified Petition at paragraph 11, amply demonstrate that the Foundation is providing services that are exclusively in the college's interest and essentially in the name of the College. Indeed, the Foundation would not exist but for its relationship with the College" (Eisenberg v. Goldstein, Supreme Court, Kings County, February 26, 1988).”

April 19, 1996. http://docs.dos.ny.gov/coog/otext/o2599.htm

May 17, 1995. http://docs.dos.ny.gov/coog/ftext/f8835.htm

September 3, 1996. http://docs.dos.ny.gov/coog/ftext/f9667.htm

October 31, 1997. http://docs.dos.ny.gov/coog/ftext/f10401.htm

“I have received your letter in which you questioned the status of what you characterized as ‘shadow agencies', Health Research Inc. (HRI) and the SUNY Research Foundation (the Foundation), under the Freedom of Information Law. You suggested that both are not-for-profit corporations and that requests for records made to those entities were not answered.

“From my perspective, based on the terms of the Freedom of the Information Law and judicial decisions, the records of those entities fall within the coverage of that statute."

July 28, 2000. http://docs.dos.ny.gov/coog/ftext/f12228.htm

("Shadow agencies" describes SUNY foundations pretty accurately!)

May 21, 2001. http://docs.dos.ny.gov/coog/ftext/f12685.htm

January 17, 2002. http://docs.dos.ny.gov/coog/ftext/13140.htm

“I believe that the records of SUNY college foundations fall within the requirements of the Freedom of Information Law, irrespective of whether a foundation has an independent responsibility to comply with that statute."

February 6, 2006. http://docs.dos.ny.gov/coog/otext/o4130.htm

October 30, 2007. http://docs.dos.ny.gov/coog/ftext/f16851.htm

October 28, 2008. http://docs.dos.ny.gov/coog/ftext/f17411.html

Etc.! One wishes at some point the NYS Department of State's Office of General Counsel would have intervened given how many decades SUNY has been ignoring the advisory opinions of the NYS Department of State's Committee on Open Government. Or the NYS Attorney General, or the NYS Inspector General, or the US Attorney General, or the US Inspector General, etc.

A bill making the law more explicit that SUNY foundations are subject to FOIL has been obstructed, presumably because of the extent of corruption it would expose if FOIL requests were properly complied with by SUNY foundations:

Odato, James M. “FOIL too close for SUNY comfort; Some opposed to opening SUNY foundation files that may reveal its power.” Albany Times Union. March 30, 2014. http://www.timesunion.com/local/article/FOIL-too-close-for-SUNY-comfort-5362100.php

Note that article fails to acknowledge that the publisher of the Albany Times Union George Randolph Hearst III is the President of the Board of Directors of the University at Albany Foundation, a rather significant and relevant potential conflict of interest, and thus a significant lapse in journalistic ethics to omit. Did it not occur to Mr. Odato to disclose that, or did he know Mr. Hearst wouldn't want it disclosed, or did Mr. Hearst prohibit it from being disclosed?

If Mr. Hearst were committed to journalistic ethics (which he’s not) or freedom of information (which he’s not) he could, as President of the Board of Directors of the University at Albany Foundation, step forward and admit that SUNY university foundations are subject to FOIL, could he not? He won’t - presumably because it would incriminate him (though his failure to do so arguably incriminates him nearly as well).

At least the SUNY Research Foundation now explicitly acknowledges it is subject to FOIL:

"The Research Foundation complies with New York’s Freedom of Information Law (FOIL)."

https://portal.rfsuny.org/portal/page/portal/The%20Research%20Foundation%20of%20SUNY/home/Contact%20RF/how_to_get_info_about_rf/foil

Ironically, the SUNY Research Foundation appears to have acknowledged it is subject to FOIL due to the litigation by the Times Union, the newspaper published by the President of the Board of Directors of the University at Albany Foundation George Randolph Hearst III (the head of one of that class of foundations which claims not to be subject to FOIL, a fact which the same Times Union reporter again failed to disclose):

"The Research Foundation of the State University of New York has reversed its long-standing position and agreed it is subject to the state's Freedom of Information Law.

“Officials at the giant research arm of the public university system also agreed to use $30,000 from its $1 billion annual budget to pay legal expenses of the Times Union, which filed the lawsuit that forced the turnaround.”

Odato, James M. “SUNY ends FOIL test; Research Foundation agrees to public access; Times Union gets costs.” Albany Times Union. January 5, 2012. http://www.timesunion.com/local/article/SUNY-ends-FOIL-test-2444633.php

The Times Union also got to recoup its expenses for its two-faced litigation (two-faced in that I don't see George Randolph Hearst III's Albany Times Union instituting a similar lawsuit against George Randolph Hearst III's University at Albany Foundation anytime soon).

As SUNY Albany "professor" Michael Barberich lectured to his students: "Ha! We'll just skip over ethics."

UAlbany's mistreatment of human subjects since 1977 (if not earlier)?

The University at Albany Handbook at http://www.albany.edu/senate/handbook_section1.htm has a number of bad links, of which the following are just a selection:

• Rules of the New York State Ethics Commission http://www.dos.state.ny.us/ethc/eisg.html (redirects to http://www.jcope.ny.gov )

• Research Foundation Conflict of Interest statement http://www.rfsuny.org/tto/conflict.pdf

• Office for Sponsored Programs http://www.albany.edu/research/osp/ (had a slow redirect to http://www.albany.edu/research/OSPindex.htm but now goes to http://www.albany.edu/osp/index.php )

• University’s Policy and Procedures on Misconduct in Research and Scholarship http://www.albany.edu/senate/Misconduct_draft_version_Sept_2004.htm (works - but still only a draft after almost ten years?)

• Research Safety and Compliance http://www.albany.edu/researchcompliance/contact.htm

• Research Involving Human Subjects http://www.albany.edu/researchcompliance/IRB/IRB.htm

• Research Involving Animal Subjects http://www.albany.edu/researchcompliance/IACUC/IACUC.htm

• Research Involving Radioactive Materials http://www.albany.edu/researchcompliance/IBC/IBC.htm

• Research Involving Recombinant DNA http://www.albany.edu/researchcompliance/contact.htm

I reported it to SUNY system administration on November 2, 2012. SUNY system administration, predictably, didn't care. Worse - they like things being the way they are: wrong.

Nedra Abbruzzese-Werling, [Non-]Compliance Administrator and "Special" Assistant to the Senior Vice Chancellor and General Consigliere, State University of New York: "You have no idea Marti!!! Here is his response to my short, sweet 'thank you for your e-mail … I have referred it to the campus.'" Her e-mail was not short and sweet but curt, dismissive, and dishonest: as supposed Compliance Administrator she was complaining I was bringing matters of non-compliance to her attention - essentially doing part of her job for her, without pay. Why would anyone in their right mind complain about that?

Marti Anne Ellermann, Deputy General Consigliere, Office of General Consigliere, State University of New York: "I suggest no response."

From the other side of the mouth: "Ensuring the protection and welfare of living things is critical to the integrity of good science and research."

"SUNY and [Research Foundation] RF Best Practices for Human Subjects and Animal Subjects." August 2013. http://portal.rfsuny.org/portal/page/portal/The%20Research%20Foundation%20of%20SUNY/home/info_researchers_administrators/human_animal_subjects/files/human_animal_subjects_memo.pdf

Ensuring the protection and welfare of living things IS critical to the integrity of good science and research. Wouldn't it be nice, therefore, for SUNY Albany to acknowledge that and finally see that The University at Albany Handbook stops returning "404 Page Not Found" for "Research Involving Human Subjects," "Research Involving Animal Subjects," and so on? Not in Ellermann or Abbruzzese-Werling's minds.

Either Barney Fife or Cletus Hogg would make a better Deputy General Counsel than Ellermann. Could she really have graduated from the Columbia University School of Law?

That human subject research policies would be given so little proper attention at SUNY Albany is disturbing (though again, unsurprising).

"The State Health Department begins hearings today on whether Albany State University should be fined for violating state law on experiments using human subjects. [...] State Health Commissioner, Robert Whale, charged that not all human subjects had been properly warned about possible side effects of the tests."

"Albany Psychogical Experiment Hearings Begin." Statesman [Stony Brook, NY] October 7, 1977: 3. http://dspace.sunyconnect.suny.edu/bitstream/handle/1951/28257/Statesman,%20V.21,%20n.%207.pdf

“The first case to arise under New York's 1974 law governing research with human subjects has been settled, with university researchers admitting 35 violations involving 'at least 975 subjects.

"Experiments were not properly authorized or supervised, and some subjects were endangered by faulty equipment such as an electric shock machine, officials of Albany State University admitted yesterday. […]

“The case at Albany came to light because of complaints by a psychology graduate student."

"SUNY Albany Admits Violations, Health Department Settles Case." Statesman [Stony Brook, NY]. October 28, 1977: 2.

http://dspace.sunyconnect.suny.edu/bitstream/handle/1951/28266/Statesman;jsessionid=3D114ED433A8C4D6DEB031F0DDB2A6F2?sequence=1

"Research Involving Human Subjects." October 17 1977. http://old.suny.edu/provost/MTP/mtp77-18.pdf

"Smith, R. Jeffery. 'SUNY at Albany Admits Research Violations,' Science 198 (18 November 1977), pp. 708.

"This is a brief statement of Albany's owning up to violations of the rights of human subjects. Specifically, Science reports that this University was guilty of: 1) not obtaining the voluntary, informed, and written consent of the research participants; 2) failing to make a fair explanation to each participant of the risks involved; 3) failing to have the experiments reviewed by an approved institutional review board; and, 4) failing to supervise the experiments properly.

"It is reported here that Albany could have been fined $975,000. Whalen suspended the $100,000 fine which was imposed.

"What is interesting is that the reporter deals only with the superficial facts of the case. For example, there is not a suggestion of what actually went on at the school, what the research involved, how that work was done, who had been hurt. There is not a word about Brock Kilbourne and yet he is one of the few who was really injured in all of this. The reporter seems to have decided the 'important' facts of this case. This is illustrative of how much of any deviance story gets told."

http://www.albany.edu/~scifraud/data/sci_fraud_0479.html

"Assurances of Compliance with Human Subjects Research Regulations." August 20, 1981. http://old.suny.edu/provost/MTP/mtp81-10.pdf

"The case of Brock Kilbourne and the University at Albany is still, to me, outrageous. Brock as a graduate student was a TA to a senior professor in his department. That senior professor had been engaged in research involving student subjects and, according to Brock, had endangered the lives of those students. Young Brock "blew the whistle" on his professor. The department involved stood behind the professor and the University at Albany tried to stonewall the investigation by the NY State Health Department, the agency charged with investigating the charges. The heroic behavior of the whistle-blower in this case was completely ignored: what has never been forgotten was that he had been a whistle-blower.

"Eventually, the University was found to be guilty of abuse of students and severely fined. Brock, as whistle-blower, got nothing: nothing from his department, nothing from the University. He was forced out of the graduate program. The idealist who did what he thought was right slipped between the cracks and was ignored by the University and the department. Far from helping him, the University and the department tried to weasel their ways out of their difficulties and, as they saw it, Brock Kilbourne was one of their difficulties: he was no hero to the department and no hero to the NY State Department of Health. Brock, for blowing the whistle, was at best forgotten, at worst, as he learned later, to continue to pay for his whistle-blowing.

"I was able, through friends, to get Brock another graduate appointment and he did finish his Ph.D. He went on to marry Maria. They left for the other school [University of Nevada Reno http://www.leg.state.nv.us/Division/Research/Library/LegHistory/Minutes/1979/Senate/HumResFac/4-24-79.pdf] and were told, several months after their acceptance into that program: 'If we had known what you did back at Albany, we never would have accepted you here.' Then, as now, Brock's whistle-blowing continues to cost him dearly: he has been unable to find work in his chosen field."

Higgins, A. C. "Science's Dark Side." Discussion of Fraud in Science listserv. April 11, 1992.

SUNY Albany isn't one to learn from its mistakes. (And, as I've found, it is willing - even eager - to turn to terrorism to deal with whistleblowers, even backing threats with their armed, corrupt so-called police department.)

"Last week, university spokeswoman Mary Fiess released this statement on the matter: 'The university imposed the suspension because of serious concerns that the experiment did not meet the standards governing such projects on campus. While we're working to gather all the facts in this case, we cannot comment further.'

A memo sent to all psychology professors and graduate students last week instructed them to refer calls 'looking for information on any psychological research conducted in our department' to the university's public relations office.

"According to three sources -- two faculty members and a graduate student -- the school's Institutional Review Board, which monitors human research, closed the project when a student complained late last spring. The student, sources said, was not allowed to leave a lecture that was part of Kelley's experiment. Refusal to allow a subject to leave an experiment violates National Science Foundation guidelines.

"Despite the inquiry, Kelley, a fully tenured professor who earned $67,000 last year, is slated to teach two graduate courses in the fall."

Brownstein, Andrew. "UAlbany suspends implants research." Albany Times Union. August 25, 1999: B1.albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=5943057

Brownstein, Andrew. "Implant researcher goes on paid leave." Albany Times Union. November 12, 1999: B1. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=5956759

Why is it that students have to bring such crimes to the public's attention? Why aren't there members of the faculty, staff, administration who will do so?

"As vice president for student success, James Anderson [...] has stepped down from that job in a shake-up he won't discuss. It's more high level turnover at a 17,000-student state school that has seen plenty of it.

"That includes the recent departure of Officer in Charge Susan Herbst , who was running the school in the wake of President Kermit Hall's death.

"Philip announced the student affairs leadership change in this Nov. 1 e-mail to faculty and staff obtained by Campus Notebook:

"'After due deliberation and subsequent discussions with VP Anderson, it was mutually agreed that he would step down from his administrative post to return to the faculty where he is tenured in the Department of Psychology.'

"Philip didn't say what prompted the move - or whether others might be coming. Christine Bouchard, a UAlbany veteran who was associate vice president, is now the interim vice president for student success. Also, the Office of Diversity and Affirmative Action will now report directly to the president, among other structural changes.

"The $230,000 salary Anderson was earning as of March made him one of UAlbany's top-paid employees. Philip credited the administrator - a protege of the late Hall's - with working on a diversity plan and a sexual assault task force.

"Asked by Campus Notebook about his move, Anderson would say only this: 'It was a mutual agreement.'

Parry, Marc. "Another administrative change at UAlbany." Albany Times Union. November 8, 2007: D3. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=6427675

Under both Anderson and Bouchard, UAlbany submitted false Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act reports. Under both Anderson and Bouchard, UAlbany did not properly maintain its sexual offender registry. Etc.

When I reported the deranged Michael Barberich's inappropriate “joke” about how “we [the class] could hook up [one of his minority teaching assistants he named] to electrodes and shock her until she screams”, Communication Department chair Jeanette "Mengele" Altarriba didn't reply. When I wrote again to note my disapproval of her dismissive attitude, she claimed she'd addressed matters through internal mechanisms to do so. Her claim seems to have been a lie. I asked how she "addressed" things when they kept getting worse and what "internal mechanisms" she used, but she refused to reply. Perhaps on the basis of her sociopathy she subsequently became the Psychology Department chair and then Vice Provost and Dean for Undergraduate Education.

UAlbany: a college that's doing everything it can to discourage victims from reporting

"a college that says, 'Nope, no rape here!' is likely a college that's doing everything it can to discourage victims from reporting, as numerous investigations have found – and a campus with a low reporting rate is likely a campus where rapists are free to keep finding more victims, as statistics show that most undetected rapists continue to offend. On the other hand, a university with a relatively high number of reported rapes is likely to be a place where victims expect to be taken seriously, and where rapists come to know that they may face real consequences."

Friedman, Jacklyn. "Choosing a college? Look into campus rape rankings before you start packingEvery university has a rape problem. But when administrators discourage victims from reporting, potential students need to ask tougher questions." The Guardian. April 25, 2014. http://www.theguardian.com/commentisfree/2014/apr/25/college-campus-rape-statistics-reporting

UAlbany bullshit (indicating they're a "college that's doing everything it can to discourage victims from reporting"):

RESPONSIVENESS TO COMMUNITY CONCERNS ‐

100% of all crimes are followed up;

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

3. POLICE ACTIVITY ‐

University at Albany Police Department cleared 50.3% of its crime cases; the national average is 20%.

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

UAlbany Police don't respond to some calls for service at all. "Followed up" is vague bullshit: hanging up on a student or deleting an e-mail reporting a crime could constitute "following up."