Organized Crime - or as Nancy Zimpher says: "Systemness"

The next time President Obama touts a new higher education plan, look around. You’ll likely find Nancy L. Zimpher in the background.

Zimpher, the chancellor of the State University of New York system, has become the White House’s go-to college president.

The love reached new heights Thursday, when Zimpher was picked from nearly 100 college presidents at the White House to brief the press corps with Press Secretary Jay Carney. “I think you’d make a great White House press secretary,” Carney joked as Zimpher stepped down from the podium. [...]

A new agreement to better prevent campus sexual assault? Forged between the Education Department and, yes, Zimpher’s SUNY.

Nelson, Libby A. "Meet Obama’s favorite college leader." Politico.com. January 17, 2014. http://www.politico.com/story/2014/01/barack-obama-nancy-l-zimpher-102326.html

"Forged" is definitely the right word. The agreement between the U.S. Department of Education and SUNY is a fraud. Likewise, there's no doubt a career liar would make a great White House press secretary.

From: Christopher Philippo [...]

Subject: SUNY correcting handling of sexual harassment/violence complaints w/victims & witnesses?

Date: January 14, 2014 at 4:33:42 PM EST

To: Chancellor Nancy Zimpher <chancellor@suny.edu>, [Rape, Abuse & Incest National Network], [Students Active for Ending Rape], [End Rape on Campus], [GunFreeKids.org], [Americans for Responsible Solutions], [American College Health Association], [Sexual Assault and Violence Education by Students], [Katherine Seymour], [Steven Janosik], [Dennis E. Gregory], [University Risk Management and Insurance Association]

State University of New York Chancellor Zimpher:

With respect to the agreement between the U.S. Department of Education’s Office for Civil Rights (OCR) and the State University of New York (SUNY) concerning the handling of allegations of sexual harassment and sexual violence:

“each of the individual campuses that OCR visited must reexamine all sexual harassment/violence complaints filed during and since academic year 2011-2012. SUNY must report to OCR the actions it will take to correct problems identified in the manner in which these four campuses handled those complaints, which may include providing individual remedies for students.”

http://www.ed.gov/news/press-releases/us-department-education-reaches-agreement-state-university-new-york-address-and-

I realize SUNY was given a certain amount of time to respond, but as yet I haven’t even been given any indication by SUNY system administration of what it is doing or will do. Threats sent to me and my family by people at SUNY Albany to whom I’d reported academic dishonesty, sexual harassment, and retaliation, threats which continued even after I graduated summa cum laude, have not been retracted or redressed. I cannot speak for other victims and witnesses, but I would suppose it at least possible that they don’t appreciate being kept in suspense by SUNY system administration about how the improper handling of their sexual harassment/violence complaints will be addressed. I know that to be true of myself, at least.

In addition to that matter, another that is arguably related:

"Sunday night's incident apparently induced panic as many students cowered in their dorm rooms in fear, while some crouched in corners and said prayers after reports about a gunman on campus began to circulate around 8:20 p.m. At 9:30 p.m. the school finally sent out an email notifying students that the gunman was actually an off-duty law enforcement officer who was there to move a family member out of the Livingston Tower dorm. […] No official word on why the law enforcement officer felt it necessary to wear a weapon while moving his child out of the dorm. Although it's apparently legal for an off-duty officer to carry a weapon, Luntta said he was not sure if the man's possession of the gun on campus was a violation of school policy" (bold emphasis added)

Waldman, Scott. "Campus Notebook: Tense moments for UAlbany students." Albany Times Union. May 16, 2013. http://www.timesunion.com/local/article/Campus-Notebook-Tense-moments-for-UAlbany-4523960.php

Ms. Zimpher, as I noted to you previously in the e-mail “official word on SUNY Police & firearms violations?” May 17, 2013 5:24:06 PM EDT, it’s unclear as to why Karl Luntta would not be sure about such a matter:

"The rules of the State University Board of Trustees (8 NYCRR §535.3 (j)) prohibit the possession of air guns, firearms, rifles, shotguns or other weapons on a state-operated campus of the University without the written authorization of the campus president."

"No air gun, firearm, rifle, shotgun or weapon may be possessed, stored, discharged, loaded or used on property owned or leased by the University unless the person in possession of said device meets the requirements set forth in these administrative procedures. The president of each state-operated campus may, in accordance with the provisions of section 590.3 of the rules of the University Board of Trustees (8 NYCRR § 590.3), grant written authorization to students, faculty, staff or other persons to permit the possession and storage of air guns, firearms, rifles, shotguns and weapons on campus only where such possession is required or permitted for the purposes specified in said section. When authorized, they will be stored unloaded in an appropriately secured area within or under the control of the University police department of each state-operated campus."

"When authorization is given to University police officers to carry firearms on duty, the weapon to be carried shall be state-owned and approved by the campus president. Only an officially issued firearm will be carried at any time on duty."

"Firearms on State-operated Campuses" policy item http://www.suny.edu/sunypp/documents.cfm?doc_id=367

535.3 (j) "No person, either singly or in concert with others, shall: […] Knowingly have in his possession upon any premises to which these rules apply, any rifle, shotgun, pistol, revolver, or other firearm or weapon without the written authorization of the chief administrative officer; whether or not a license to possess the same has been issued to such person"

http://www.albany.edu/studentconduct/assets/Community_Rights_FINAL_10-28-11.pdf

"Firearms, Rifles, Airguns and Shotguns." 8 NYCRR Part 590 http://www.suny.edu/sunypp/documents.cfm?doc_id=116 http://www.suny.edu/sunypp/documents.cfm?doc_id=96

See also sections of the SUNY Police Manual, e.g. 70.02, 70.03, 75.11, etc. http://www.suny.edu/sunypp/documents.cfm?doc_id=364

Official word from SUNY system administration (not merely at the campus level) is definitely called for in an instance such as a firearm on a state campus, even at this late date. A false police report filed by a visiting assistant professor subsequent to his having been reported for academic dishonesty, sexual harassment, and retaliation: that really requires some kind of official word as well - as does the following:

“[Matthew Griffin, SUNY Albany Police Chief Firearms Instructor] has been with SUNY police since March 1997 and was promoted to investigator in 2003. He said Knoebel told him in April that she was considering filing for divorce from her husband, Kenneth, who also was arrested on marijuana charges. Griffin said at that time he advised her to bring any guns she had at home to the police station for safekeeping because a divorce could trigger ‘emotional’ reactions."

Lyons, Brendan J. "SUNY Police officer also faces gun charge; Cop arrested on drug charge allegedly asked colleague to move gun." Albany Times Union. July 23, 2011: B11. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=15255123

Mr. Griffin’s advice seems to run directly contrary to something noted by the FBI, that “Risk factors at times associated with potential violence include […] bringing weapons onto a work site; […] breakup of a marriage or romantic relationship; other family conflicts; financial or legal problems; or emotional disturbance.”

Rugala, Eugene A. and Arnold R. Isaacs, Eds. Workplace Violence: Issues in Response. Quantico, VA: Federal Bureau of Investigation.

That he feared she might use her weapons in an emotional disturbance brought on by the breakup of a marriage and that he would have encouraged her on that very basis to bring all her weapons onto a state university campus makes no sense whatsoever: it runs contrary to even the most basic common sense. His subsequent actions are likewise inconsistent with a law enforcement officer.

"In a sworn statement given to State Police on May 19, a fellow SUNY investigator, Matthew A. Griffin, said that Knoebel had called him on May 17 and asked him to remove two pistols from her locker at the UAlbany police headquarters. "He said Knoebel was comfortable storing her departmental weapon in a police armory safe but she asked him to take another gun, a .25-caliber Ravens Arms pistol, to his private residence for safekeeping. "Griffin said he did not know at the time that Knoebel was facing imminent arrest on federal drug charges. He told State Police that he only learned of those charges the following day, May 18, after he had already returned Knoebel's unregistered handgun to the police station and logged it in as evidence."

Lyons, Brendan J. "SUNY police officer also faces gun charge; Cop arrested on drug charge allegedly asked colleague to move gun." Albany Times Union. July 23, 2011: B1. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=15255123

Mr. Griffin would presumably have known that neither the Raven Arms .25 nor the departmental weapon should have been in Ms. Knoebel's personal locker. “Firearms on State-operated Campuses” §§ II (C ) and V (A); 8 NYCRR § 590.4; and the SUNY Police Manual § 75.21 seem to indicate that all firearms should be kept in the university police arsenal, tagged. "Firearms on State-operated Campuses" §II (D) and 8 NYCRR § 590.4 would seem to have prohibited him from removing them, unless he'd been designated by the chief administrative officer in writing? SUNY Police Manual §§ 70.01 and 70.04 would also seem to have prohibited him from, after having secured the Raven Arms .25 in a safe at his own home, from removing it, from bringing an unregistered firearm back on campus, and from logging it in as evidence himself. Those sections seem to indicate he should have called the police with jurisdiction over his home and turned it over to their custody at his home.

Both Mr. Griffin and Ms. Knoebel presumably knew the reputation of guns such as the Raven Arms .25:

"This type of handgun, commonly known as a 'Saturday Night Special,' presents particular problems for law enforcement officials. Saturday Night Specials are generally characterized by short barrels, light weight, easy concealability, low cost, use of cheap quality materials, poor manufacture, inaccuracy and unreliability. These characteristics render the Saturday Night Special particularly attractive for criminal use and virtually useless for the legitimate purposes of law enforcement, sport, and protection of persons, property and businesses" (1153-1154) [emphasis added].

Kelley v. RG Industries, Inc., 497 A. 2d 1143 - MD: Court of Appeals 1985. http://scholar.google.com/scholar_case?case=4146105566330191972

That case goes on to cite prominent individuals' testimony at Senate hearings, for example, "Patrick Murphy, Police Commissioner of the City of New York, added […] 'There is absolutely no legitimate reason to permit the importation, manufacture, or sale of these weapons, or their parts. They are sought only by people who have illicit motives, but who may have some difficulty securing a better gun. No policemen, no Army officer, no security guard, no businessman or merchant, and no sportsman would purchase one of these weapons for any lawful purpose’” (1154 n. 10) [emphasis added]. Even the National Rifle Association does not like such guns: “Maxwell Rich, Executive Vice President of the National Rifle Association, testified in Senate hearings that: '[Saturday Night Specials] have never to my knowledge been accepted for advertising in our official journal, the American Rifleman. Our reason is that they have no sporting purpose, they are frequently poorly made, and they do not represent value received to any purchaser.’” (1154 n. 10) [emphasis added]

8 NYCRR § 590.6 (b) states “Any violation of university regulations or procedures governing firearms, rifles, shotguns, airguns or other weapons on campus shall be cause for administrative and disciplinary action”. “Shall” is what I understand to be a legal imperative. As far as I know, Matthew Griffin has not even been censured for encouraging a coworker he believed to be potentially emotionally unstable to bring all her weapons onto the SUNY Albany Campus - a campus which has had at least one shooting and at least two disappearances of students - and then hid his coworker’s weapon at his own home no questions asked while she was under investigation by the State Police and the Drug Enforcement Agency, and then brought the gun back on campus again and logged it in as evidence despite being an accomplice. His violations of policy, law, etc. are literally inexcusable: SUNY Police Manual § 15.09 "Every member is required to establish and maintain a working knowledge of laws, local ordinances, the rules and policies of the university and the department, and orders of the department. In the event of improper action or breach of discipline, it will be presumed that the member was familiar with the law, rule or policy in question and will be subject to possible disciplinary action.” http://www.suny.edu/sunypp/docs/364.doc‎

Ms. Zimpher, not including benefits and perks, you appear to be paid almost four times as much as State University of New York Chancellor as the New York State Governor, despite being responsible for far less:

SUNY Chancellor Nancy Zimpher

$685,960

http://new-york-employees.findthedata.org/l/2282410/Nancy-L-Zimpher

NY Governor Andrew M. Cuomo

$178,377

http://new-york-employees.findthedata.org/l/1966577/Andrew-M-Cuomo

Under your leadership, the University at Albany Police weren’t even maintaining their sexual offender registry:

• Sexual Offender Registry #1 "© 2009 University at Albany"

"There are currently three (4) [sic] registered sex offenders enrolled or working at the University. The following Information has been released:" was followed by a list of six (6) offenders. Accessed: October 19, 2012 Archived by WebCite® at http://www.webcitation.org/6BXAjbUOP Accessed: February 19, 2013 Archived by WebCite® at http://www.webcitation.org/6EZ55k2vF (it still read © 2009 at that time)

• Sexual Offender Registry #2 No date (probably circa 2007-2008)

"There are currently two (2) registered sex offenders enrolled at the University. The following Information has been released:" was followed by a list of three (3) offenders. Accessed: October 19, 2012 Archived by WebCite® at http://www.webcitation.org/6BXAsiiOT http://police.albany.edu/2ColPage.asp?PageSName=SOR2 now redirects to UPD's homepage

There was an audit by the NYS Comptroller's Office in 2007 with a follow-up in 2009 http://osc.state.ny.us/audits/allaudits/093009/07s121.htm which found a number of problems, but it evidently failed to take note of the mismanagement of the sexual offender registry. The Registry gets referenced in the Clery Act Report http://police.albany.edu/ASR.pdf on page 53 of the 2011 report, the claim being there that it was being maintained - when clearly (the above archives) it was not being maintained properly. At least part of page 53 was not written for the report but was instead copied and pasted from the website: "The DCJS Sex Offender Registry site may be found on the web (See the link to the right)" (there's no link to the right in the PDF). The obvious error has been retained in the 2012 report on page 58

The inexcusable, obvious problems with the sexual offender registry seem to have been addressed in large part, if not solely, due to my repeatedly reporting them at the local, county, state, and federal level over a course of several months. The salaries of the sixty or so members of the SUNY Albany Police along with the department’s budget evidently don’t cover such basic responsibilities as properly maintaining a sexual offender registry? Wasteful spending seems to abound at SUNY: “Citing a report by the SUNY Police Officers Union, [NYS Senator] Klein’s investigation last year estimated that centralizing the SUNY police force could potentially save New York State at least $3 million in the next year, while also making the SUNY police force more effective.”

http://www.nysenate.gov/press-release/government-efficiency-task-force-probes-suny-wasteful-spending-practices [...]

At the root of all this, I’d reported a mere visiting assistant professor [Michael W. Barberich] for academic dishonesty, sexual harassment, and retaliation. More has been done to assist his retaliation and obstruct justice than was done for the SUNY Albany Classics chair who committed plagiarism yet escaped punishment for over a year while more and more people around the entire world learned of the scandal: "The Case of Louis Roberts" http://www.hnn.us/article/588

When will students be given the education they paid for, not an education in how highly-paid administrators have little or no concern for students’ safety and rights?

Christopher K. Philippo

---

"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."

---

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

UAlbany's Mirage Statement

Many of you came together in recent months to brainstorm around and help shape a shared vision for our future.

One outcome of these efforts led by Provost Susan Phillips was a vision statement outlining key characteristics of our University in the future.

You envision a UAlbany:

that is expanding knowledge and transforming minds to shape the future of our community and our world;

that is an increasingly attractive choice for diverse, highly qualified, and highly motivated students;

that provides outstanding education and an excellent student experience;

that sustains and grows research, discovery, and creative work;

that engages in strategic partnerships for educational, scholarly and societal benefit;

that is committed to access, diversity, inclusion, and equity in all we do;

that is recognized for our many strengths and successes;

and that has a strong sense of community, common purpose, and lifelong pride in the University.

http://www.albany.edu/administration/president-2013-fall-faculty-speech.php

A "vision statement" from a university that turns a blind eye to academic dishonesty, faculty ethics violations, sexual assault, and retaliation - written by one of the people who helped drag UAlbany further into the gutter. On second thought, that's not fair - UAlbany does see academic dishonesty, faculty ethics violations, sexual assault, and retaliation, but it chooses to respond to it by ignoring it all or by joining in on the retaliation. Report any of those things to Susan D. Phillips, for example, and she simply wouldn't respond. How visionary of her, eh?

"Things are really stacked against students, against victims"

Sent: Friday, May 25, 2012, 11:12 AM

To: McNeill, Clarence L [...]

Subject: FW: academic advisement; may I ask if all is well for my degree?

From: Christopher K. Philippo [...]

Sent: Saturday, May 19, 2012 4:04 AM

To: Jennifer Stromer-Galley

Subject: academic advisement; may I ask if all is well for my degree? [...]

I think a degree from UA is a sort of badge of shame (party school; Kegs and Eggs; department cuts; near loss of flagship status), and a Communication degree from UA I fear may be or may become even moreso (though for the sake of the good COM professors, it should not). If only I'd taken Prof. Hobson's advice to be a Women's Studies major. Or English, suggested to me by someone (possibly the English chair?) after my Undergraduate Research Conference presentation. Or dropped COM and kept Art History. Or did the student-initiated Film Studies major. Or Documentary Studies. Or anything. It becomes too expensive and time consuming to switch, impossible really.

I'd have transferred out if I hadn't felt overwhelmed by everything that would entail. I had actually wanted Prof. Zahavi to give me an F in his class, so that I wouldn't have to have a UA degree. I'd submitted a haiku to him, which I think went something like:

Fs, they are honest

the sound of a diploma

fed to a shredder

You'd have to see if he still has it for the exact wording. He wouldn't let me, though, and I didn't like to disappoint him because he really is one of UA's best, so I turned in my final paper. A lot of time and money went into this ridiculous thing, more than for the average student.

Chief Wiley replied that he had no knowledge of the cease and desist order that I'd been told [by Clarence L. McNeill] had been cc'd to him and that UPD was enforcing. Fancy that.

It all gets worse from here for me, I'm sure, but I do have a sort of "acceptance" of that (I still don't entirely understand what you meant by that). It would have been nice if you'd supplied more context to UPD when you'd called them, in particular mentioning that you'd speculated to me that [Michael W. Barberich] may be pandering to the worst elements in class in order to be liked, that [Michael W. Barberich] may feel intellectually threatened, and you had warned me [Michael W. Barberich] might do anything to keep his job. It would be nice if I were not (apparently) alone in this. [...]

One doesn't know how many hurdles there are until one gets running. The Registrar's Office first told me that Student Files can't be copied, because they're the property of the university and they're copyrighted. Then I was told that was wrong, and that they can't be released because FERPA prohibits that. However, the NYS Dep't of State Committee on Open Government says that's wrong. Some other reason might be supplied to me next.

A counselor at the downtown UA Psychological and Career Services Center told me she'd been bullied by a professor at UA, but she couldn't bring herself to report it. A counselor! I may have mentioned a campus activist at UA who'd been sexually harassed by a professor, and despite being an activist publicly butting heads on large issues she did not feel safe reporting her own personal one.

Things are really stacked against students, against victims. I even know a professor in the area who has not reported the sexual harassment she was subjected to by a colleague, for fear that it would endanger her career. In 2012. That is so, so wrong, and so very tragic.

But we'll see. Maybe UA can get this all straightened out the right way. That would be something. I hope so.

Thanks,

Chris

UA's only gotten worse since. Jeanette Altarriba, Sue Faerman, Christine Bouchard, Clarence L. McNeill, J. "Frank" Wiley and his crew of dirty cops, and on and on - they all do what they can to maintain a climate of fear on campus, to maintain a rape culture, to help sex offenders get off (in more ways than one) and fuck over victims, witnesses, whistleblowers. It's not limited to UA, of course. Nancy Zimpher as Chancellor of SUNY, George Randolph Hearst III as President of the Board of Directors of the UAlbany Foundation, and others don't care about safety and security. They care about the almighty dollar, and there's far more money in backing sociopaths like Barberich (particularly given that his wife is CSEA Capital District Threat-Maker Therese Assalian - associate of convicted bomber and CSEA Union President Steven Raucci), or gang-raping UAlbany football players, or idiot children of major donors, than in doing the right thing.

♬ Bad cops, bad cops ♬

Do the NYS University Police have an internal affairs bureau? The NYS Park Police apparently do, though there's seemingly very little information online about it.

New York State Office of Parks, Recreation and Historic Preservation Commissioner Carol Ash today announced that the agency will locate its new Park Police Academy and Training Facility at the former Camp Cass property in Rensselaerville, Albany County. [...]

The site will also serve as year-round home to the park police internal affairs unit and record storage and, for the months the academy is not in session, will be used for employee meetings and training.

"Former Camp Cass Property in Rensselaerville To Become New York State Parks Police Training Facility." February 11, 2008. http://nysparks.com/newsroom/press-releases/release.aspx?r=649

Given how corrupt the SUNY Albany Police are, I'd sought help from other law enforcement agencies. Albany County Sheriff's Office Senior Investigator Sean Spring, Jr. investigated the question of what agency or office holds the SUNY Police accountable and failed to turn up anything in his investigation. I suppose that helps explain why the SUNY Albany Police (if not SUNY Police in general) are so corrupt and so unaccountable?

From: "Spring Jr., Shawn W."

To: [Chris Philippo]

Subject: SUNY

Date: September 28, 2012 at 2:45:11 PM EDT

Christopher,

I do not have an answer for your question. I can only assume that a State Agency is responsible for the oversight of the SUNY Police Department. To make a complaint about the SUNY Police Department, I highly recommend seeking the advice of an attorney with the hope that they will be able to identify the proper agency or explain wether or not the request is a viable request with an end result that would be worth the time and expense of obtaining it.

Sr. Inv. Shawn Spring

Sheriff Craig Apple sez: "I’ve built crucial relationships with every law enforcement agency in the County, as well as the State Police and Federal agencies." Apparently that includes the dirty SUNY Albany Police, even though there's no Memorandum of Understanding or agreement with them?

SUNY Albany Police "Chief" J. "Frank" Wiley seems to be paid more than Sheriff Apple, despite being responsible for far fewer people over a far smaller geographic area, and being far less qualified (indeed, arguably wholly unqualified). Weird, no?

Granted, the existence of an IAB is no guarantee of any kind. Complaints to IAffairs@troopers.state.ny.us are routinely ignored even though their own literature seems to indicate they're always supposed to respond:

Every complaint of misconduct will be supervised by the NYSP Internal Affairs Bureau (IAB).

Upon receipt of a complaint, the IAB will assign the case for investigation. Generally, complaints of a routine nature will be assigned to the employee’s supervisor or commander. More serious or complex matters will be investigated by the Regional IAB Offices. Investigators will:

• Attempt to contact the complainant, the accused employee and witnesses;

• Examine physical evidence;

• Review reports and records, and

• Thoroughly document the facts surrounding the incident and allegation.

"New York State Police Public Compliment or Complaint Process." https://www.troopers.ny.gov/Contact_Us/Compliments_or_Complaints/Pro-ConPamphlet4-2002.pdf

I guess there needs to be an IAB for the State Police IAB.

request in change to GenEd representative for SUNY Albany

UNIVERSITY AT ALBANY

Dr. Jeanette Altarriba

Vice Provost and Dean for Undergraduate Education

Phone: 518-442-3950

Fax: 518-442-4959

http://system.suny.edu/academic-affairs/acaproplan/general-education/

Every member of the community, including both faculty and students, shares an interest in maintaining the highest standards of academic integrity. [...] When the entire University community upholds the principles of academic integrity, it creates an environment where students value their education and embrace experiences of discovery and intellectual growth. [...] Maintaining the highest standards of academic integrity insures the value and reputation of our degree programs; these standards represent an ethical obligation for faculty intrinsic to their role as educators, as well as a pledge of honor on the part of University at Albany students. If a violation of academic integrity occurs, faculty, deans, and students all share in the responsibility to report it.

http://www.albany.edu/studentconduct/appendix-c.php

While Chair of the Department of Communication, Jeanette Altarriba knowingly permitted untenured visiting assistant professor of Communication Michael W. Barberich to engage in academic dishonesty in a course meant to fulfill information literacy general education requirement. Mr. Barberich had at least four of his five teaching assistants writing his lectures and lecture notes for him, which he presented in class and online as his own work. At least two of the four TAs plagiarized material in order to prepare those lectures and lecture notes for him. Mr. Barberich permitted students to openly cheat on the daily quizzes, and did not report plagiarism and falsification on work submitted on the information literacy project. Mr. Barberich made errors on his exams, and did not inform students of that fact and Ms. Altarriba said that she would not do so either. Ms. Altarriba claimed, in defense of Mr. Barberich arriving to class late on a regular basis, that most professors at UAlbany regularly arrive late - something I did not find to be true while a student there.

Ms. Altarriba also allowed Mr. Barberich to engage in sexual harassment, and to joke about torturing one of his minority students. Ms. Altarriba claimed to me in writing that she had addressed the things I'd reported, which manifestly was not true.

I reported Ms. Altarriba, who had refused to grant me academic accommodation and forced me (and others) to remain in Mr. Barberich's class continuing to be subjected to his offensive and alarming behavior as a condition of receiving a degree in Communication and graduating, over my objections - quid pro quo sexual harassment. She assisted Mr. Barberich in his retaliation.

Her promotion to Vice Provost and Dean for Undergraduate Education was, of course, completely unacceptable, as is her being General Education representative for SUNY Albany given her support of sexual harassment, academic dishonesty by students, teaching assistants, and faculty, and her acts of retaliation.

There is ample documentation for Ms. Altarriba's unsuitability for employment at any institution of learning... much of which I expect SUNY already has?

"no known incidents involving Yik Yak" at UAlbany... d'oh!

"'There has always been an underbelly' to social media, said University at Albany spokesman Karl Luntta, who reported no known incidents involving Yik Yak at his institution."

McGuire, Mark. "Shenendehowa bomb threat made via Yik YakTeen charged in false bomb threat." Daily Gazette. October 21, 2014. http://www.dailygazette.com/news/2014/oct/21/1021_shen/?free

"A bomb threat on an anonymous social networking site has led to a felony arrest of a UAlbany student.

"Police at the University at Albany say they received several calls about an anonymous post on the social networking site Yik Yak, threatening to bomb the campus."

Holiday, Liz. "Police make arrest in UAlbany bomb threat posted to Yik Yak." News10 ABC. November 6, 2014. http://www.news10.com/story/27316151/police-make-arrest-in-ualbany-bomb-threat-posted-to-yik-yak

Maybe Luntta shouldn't have been so eager to speak in the Shenendehowa case, which after all doesn't seem to have involved UAlbany. His continued employment is somewhat mystifying, or would be if it weren't for the multitude of problems UAlbany embraces.

"No official word on why the law enforcement officer felt it necessary to wear a weapon while moving his child out of the dorm. Although it's apparently legal for an off-duty officer to carry a weapon, Luntta said he was not sure if the man's possession of the gun on campus was a violation of school policy"

Waldman, Scott. "Campus Notebook: Tense moments for UAlbany students." Albany Times Union. May 16, 2013. http://www.timesunion.com/local/article/Campus-Notebook-Tense-moments-for-UAlbany-4523960.php

It's not hard to learn what the school policies are about weapons on campus. There's a multitude of rules, all saying more or less the same thing: it's not allowed.

"The rules of the State University Board of Trustees (8 NYCRR §535.3 (j)) prohibit the possession of air guns, firearms, rifles, shotguns or other weapons on a state-operated campus of the University without the written authorization of the campus president."

"No air gun, firearm, rifle, shotgun or weapon may be possessed, stored, discharged, loaded or used on property owned or leased by the University unless the person in possession of said device meets the requirements set forth in these administrative procedures. The president of each state-operated campus may, in accordance with the provisions of section 590.3 of the rules of the University Board of Trustees (8 NYCRR § 590.3), grant written authorization to students, faculty, staff or other persons to permit the possession and storage of air guns, firearms, rifles, shotguns and weapons on campus only where such possession is required or permitted for the purposes specified in said section. When authorized, they will be stored unloaded in an appropriately secured area within or under the control of the University police department of each state-operated campus."

"When authorization is given to University police officers to carry firearms on duty, the weapon to be carried shall be state-owned and approved by the campus president. Only an officially issued firearm will be carried at any time on duty."

"Firearms on State-operated Campuses" policy item http://www.suny.edu/sunypp/documents.cfm?doc_id=367

Evidently Mr. Luntta's paid around $98,255! http://new-york-employees.findthebest.com/l/323009/Karl-Luntta If only we were all so well paid for our own ill-advised or ignorant statements....

Paul Berger "has a deep knowledge of training requirements" - Chancellor Nancy Zimpher

An example of Paul Berger's "deep knowledge of training requirements"?

Paul Berger testified that he has been the Assistant Chief of the UPD since 2002. He is the night commander for the afternoon and overnight shifts. He was aware of the decoy bag operation [involving white male cops hiding in a women's restroom on campus, using a peephole in women's restroom to spy on a bag being used to illegally entrap students, etc.]. He was not aware of the provisions of the Personal Property law prior to the use of the decoy bag on December 13, 2007." http://vertumnus.courts.state.ny.us/claims/html/2012-032-004.html

Something's definitely deep, but it looks more like doo-doo than knowledge....

SUNY Albany dirty cop Paul Berger (left) with dirty cop Wendy Knoebel (center), annotated version of photo at http://web.archive.org/web/19991023053405/http://www.albany.edu/public_safety/ciu.html#lyall

The picture (without the annotation) was to the right of the "ONGOING INVESTIGATION Missing Person Suzanne Lyall." Investigator Wendy Knoebel was holding what might be her 1999 undeserved Chief's Award for Excellence for her work in 1998, work that notably included her complete failure to solve the biggest case of her career, the disappearance of Suzanne Lyall.

On Tuesday, February 9, 1999, University President Hitchcock officiated at the police officer swearing-in ceremony. Also present were Vice Presidents Kirchner and Doellefeld, and the New York State Director of University Police, R. Bruce McBride. Many officers brought their families to share in the celebration as their took their oath of office as police officers.

This event, held at the Alumni House, also served as the Department's annual awards ceremony. Tim Brady received the award for 1998 Officer of the Year, and Investigator Wendy Knoebel received the Chief's Award for Excellence

"What's New…" University at Albany, Department of Public Safety. http://web.archive.org/web/19990501211630/http://www.albany.edu/public_safety/whatsnew.html

Note above that current SUNY Police Superintendent McBride had then been New York State Director of University Police (same job, different title). Perhaps Mr. McBride might know why a dirty cop like Wendy Knoebel received an award for excellence when she failed to solve a missing person case - among other issues concerning her. SUNY Albany and SUNY system administration under Chancellor Nancy Zimpher have a disturbing tendency to award and/or promote the undeserving.

“As the SUNY university police work to ensure that our campuses serve as safe havens for all students, Deputy Commissioner Berger embodies all of the ideals that we look for in a leader,” said Chancellor Zimpher. “He has a deep knowledge of training requirements and opportunities for university police as well as the latest protocols for student safety, homeland security, and crisis intervention. I am confident that his appointment will benefit SUNY students, faculty, and staff across the state.”

“Whether students reside on campus or commute for class, their safety as well as that of the entire campus community is our primary concern, and ensuring that all officers have access to current training and best practices is a vital part of the University Police mission,” said Commissioner McBride. “As deputy commissioner, Paul will ensure that this is the case throughout SUNY. He has been an excellent partner and valuable member of the University Police for many years and I look forward to our closer collaboration as he takes on this new role in service to SUNY’s students, faculty, and staff.”

"Paul Berger Sworn in as Deputy Commissioner of State Police." July 1, 2014. http://www.suny.edu/suny-news/press-releases/suny-press-releases/july-2014/7-1-14-deputy-commissioner/paul-berger-sworn-in-as-deputy-commissioner-of-state-university-police.html

It's worth stating again that the promotion of dirty cop Paul Berger is an outrage. Bruce McBride knew that Paul Berger himself had provided court testimony in which he claimed to be poorly trained, and in which his men claimed to be poorly trained. Mr. McBride thanked me, in an e-mail with "SUNY University Police training concerns?" right in the subject line, for bringing the court case in which Paul Berger testified that he'd been ignorant of the Personal Property Law from December 1988 to December 14, 2007: nineteen years (supposing that the law dates back to 1988).

Chancellor Zimpher and Superintendent's demonstrably false claims about Berger are very hard to understand given Paul Berger's court testimony regarding his own ignorance of the law and poor training. Granted, it's possible Mr. Berger had been well-trained and was not ignorant of the law, but in that case he'd be guilty of false testimony. However, since the SUNY Police Manual prohibits officers from claiming ignorance of the law in their own defense, and because he did not tell the whole truth to the judge by informing her of that fact, his testimony was false regardless of whether he was or was not ignorant of the law and regardless of whether he was or was not poorly trained.

In connection with the SUNY Police Manual, there's something else to note. Commissioner McBridge stated in his e-mail that the 6th Edition dated February 2007 was "currently in use" on November 19, 2012 and acknowledged that parts "need to be updated" (a gross understatement, that). The fact of the matter is that it was not supposed to be the version of the manual then currently in use. There was a 7th Edition dated August 2009 http://www.muckrock.com/foi/new-york-16/state-university-of-new-york-at-binghamton-police-dept-manual-10931/ . The SUNY Police Commissioner himself was, by his own written admission, ignorant of what SUNY-wide Police Manual was then currently in use. Then, despite his November 19, 2012 admission that the manual was in need of updating, the manual didn't get updated under his "leadership" until April 2014... and the manual still is not very good.

A SUNY Police Commissioner who was ignorant of what manual was currently in use does not seem likely to be very good at "ensuring all officers have access to current training and best practices". A SUNY Police Commissioner who knowingly permitted a dirty cop who'd provided court testimony that he was ignorant of the law does not seem likely to be very good at "ensuring all officers have access to current training and best practices".

Begin forwarded message:

From: "McBride, Bruce"

Subject: RE: SUNY University Police training concerns?

Date: November 19, 2012 at 11:20:59 AM EST

To: Christopher Philippo [...]

Good morning Mr. Philippo:

The University-wide manual that you cite is currently in use. Certain parts of the document need to be updated. Thank you for bringing this to my attention.

Bruce McBride

Commissioner for Police

From: Christopher Philippo [...]

Sent: Friday, November 16, 2012 4:55 PM

To: R. Bruce McBride; McBride, Bruce

Subject: SUNY University Police training concerns?

Importance: High

Dear Commissioner McBride:

Given that the SUNY Police Manual states up front (page 5) in section 1.21 that the SUNY System Administration Office of University Police "Coordinates University Police operations throughout the SUNY system and, under direction of the Chancellor and the Board of Trustees, sets training, hiring and operational standards.", it seems most appropriate to bring the following to your attention.

I hope you will be able to address the subjects below which can briefly be described as the one provided in the subject line: serious concerns about the training of members of the University at Albany Police Department. More specifically, the concerns are that the provisions of the State University of New York Police Manual do not appear to have been consistently obeyed with respect to the training of University at Albany Police Department members for a number of years. Concerns about the University at Albany Police Department's operations and its training, hiring and operational standards are hard to avoid given a fairly recent case decided before the New York State Court of Claims, Abdul-Wahhab v. The State of New York, #2012-032-004, Claim No. 116205 (June 18, 2012) http://vertumnus.courts.state.ny.us/claims/html/2012-032-004.html In Abdul-Wahhab v. The State of New York, I presume while under oath, Officer (now Lieutenant) Paul Burlingame had stated (in the words of the decision, not his) that he'd "never received any training in the Personal Property Law" and Assistant Chief of Police Paul Berger had stated (in the words of the decision, not his) that he "was not aware of the provisions of the Personal Property law".

Paul Burlingame has evidently been at the University at Albany Police Department since 2002: "Serving since 2002." http://police.albany.edu/Member2.asp?LName=Burlingame&FName=Paul

Paul Burlingame had thus testified that he'd been ignorant of the Personal Property Law from 2002 to December 14, 2007: approximately five years (supposing that the law dates back to 2002 - and for even longer than that if he'd served in other police departments than the University at Albany's prior to 2002).

"Assistant Chief Paul Berger has been with the University Police Department since December 1988." http://police.albany.edu/Member2.asp?LName=Berger&FName=Paul

Paul Berger had thus testified that he'd been ignorant of the Personal Property Law from December 1988 to December 14, 2007: nineteen years (supposing that the law dates back to 1988).

Given Mr. Berger's testimony, the Criminal Justice Studies program at Alfred University, the Public Administration program at Marist College, and the S.U.N.Y. University Police Academy all must have lacked instruction in the Personal Property Law. Marist College's lack would at least be understandable should that program not have had a concentration in police administration.

It's hard to understand how they'd failed to receive training regarding the Personal Property Law, or to learn it on their own, or why they would have been given orders to participate in such an ill-conceived operation (two male officers hiding in a women's restroom, using a peephole in the women's restroom, etc.?). To single out several sections from the SUNY Police Manual (though there are others that appear relevant as well):

§ 10.11 "University police members will be responsible for their own standard of professional performance and will take every reasonable opportunity to enhance and improve their level of knowledge and competence.

"Through study and experience, a university police member can acquire the high level of knowledge and competence that is essential for the efficient and effective performance of duty. The acquisition of knowledge is a never-ending process of personal and professional development that should be pursued constantly."

§ 15.09 "Every member is required to establish and maintain a working knowledge of laws, local ordinances, the rules and policies of the university department, and orders of the department. In the event of improper action or breach of discipline, it will be presumed that the member was familiar with the law, rule or policy in question and will be subject to possible disciplinary action."

§ 15.11 "Members and employees shall observe and obey all laws and ordinances, all rules and regulations of the department and all general or special orders of the department."

§ 20.08 "All members shall attend in-service training as directed by the chief of university police. Such attendance is considered a duty assignment."

Clearly they had not taken "every reasonable opportunity" if what they'd stated to the court was correct; they'd had several years to find such an opportunity and had failed to do so. They had not established and maintained a "working knowledge of laws", had failed to "observe and obey" the law, and following what might be described as "improper action" they claimed to be ignorant of the law contrary to the directive of the SUNY Police Manual that "it will be presumed that the member was familiar with the law".

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

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

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

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

I sincerely hope, given SUNY Police Manual § 1.21, that you'll share the same degree of concern I have and that you will be able to address the matters as they should be addressed.

Please see that the University at Albany Police Department does *not* contact me. I do not wish to hear from UPD given the state of that department at present and the nature of its members' past acts of communication with me.

Thank you for any help you can provide,

Sincerely,

Christopher K. Philippo

The version of the manual consulted is the follow, which is as far as I know the current manual: Office of the Assistant Vice Chancellor for University Police and Public Safety. The State University of New York Police Manual. 6th Ed. Albany, NY: State University of New York: February 2007. http://www.suny.edu/sunypp/documents.cfm?doc_id=364

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