Thursday, January 16, 2014

SUNY Albany's Clarence L. McNeill, habitual liar

"Clay" McNeill, or "Akin" or "Apocalypse #1" as he has been called (if he had a band, would it be called The Clay Akin Apocalypse?), seems to just love lying - despite being the supposed head of the SUNY-wide judicial administrators group and the Director of the Office of Conflict Resolution and Civic Responsibility. ("Civic Responsibility" evidently doesn't involve telling the truth.)

https://www.facebook.com/UAlbanyCRCR

I guess it's sort of true for most people that reporting is always an option. The SUNY Albany Police, being incompetent and corrupt, just won't necessarily respond to or investigate crimes that are reported to them - and they might instead assist in retaliating against anyone who does report crimes.

Clarence L. McNeill threatened me not to contact anyone other than himself at SUNY Albany, a threat that extends to reporting his crimes to the SUNY Albany Police. The SUNY Albany Police have no problem with people being threatened in writing not to report to them, as Clarence L. McNeill cc'd "Chief" J. "Frank" Wiley on the threat. J. "Frank" Wiley, nonetheless, is a man who's had the opportunity to have a photo op with at least one President of the United States. The SS even permitted a violent schizophrenic to have access to the President, and they themselves visit prostitutes (see e.g. http://www.washingtonian.com/articles/people/secret-service-prostitution-scandal-one-year-later/ ), so I guess anything goes.

"Clay-for-Brains" McNeill had threatened me in writing: "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."

That threat, extending to everyone on campus other than himself, thus extended to library personnel. When the U.S. Government Printing Office contacted him about prohibiting access to a Congressionally-designated U.S. government document repository, "Fakin'" McNeill evidently lied to an employee of the federal government: "I have contacted Mr. Clarence McNeill. Per our discussion, he informed me that you are not restricted from entering the campus libraries or from contacting the library personnel. As such, you are not being denied access to Federal depository library resources."

When "Apocalypse #1" McNeill gave a witness interview statement to the U.S. Department of Education's Office for Civil Rights, he lied to them too. One wonders if when he opens his mouth or writes something if McNeill has ever been capable of refraining from lying.

Even SUNY Albany Clery Act Compliance Officer John M. Murphy realizes Clarence L. McNeill has a certain problem with respect to telling the truth, something Murphy acknowledged to me, Christine Bouchard, J. "Frank" Wiley and George Philip in his e-mail of July 3, 2012 3:43:05 PM:

"Dear Christopher:

"Congratulations on graduating from our UAlbany family!

"You are aware that Vice President Bouchard forwarded me your recent email dated July 2nd for follow up. In your email you pose four questions I have researched and for which I provide the following responses. [...]

"You asked 'if the order really has been sent to Mr. Barberich as it claims, even though the order included the street address at which my mother and I live?'

"No, the letter in question was not sent to Mr. Barberich although there is a clear indication at the bottom which would contradict that assertion. Mr. McNeill communicated to me that [he] simply notified [Dr.] Altaribba and [Mr.] Barberich that [he] had issued the C&D (cease & desist) and that UPD (University Police Department) was notified.'"

Murphy even cc'd the e-mail to Clarence L. McNeill, who did not contradict Murphy's observation that McNeill had lied. Murphy has his own problems with the truth, like putting his name on annual Clery Act reports that claimed SUNY Albany was maintaining its sexual offender registry when in fact it had two different ones each with different information, both obviously erroneous, that had simultaneously been online misinforming the public worldwide for years. SUNY Albany seems to love having chronic liars in its upper administration, though, as all of those incompetent, malevolent clowns are still there (except Philip).

"Clay-d'oh!" McNeill had allegedly been an Educational Opportunity Program student at SUNY Albany and allegedly earned a BA in Africana Studies from SUNY Albany. He'd also belonged to a fraternity that nationally has a certain reputation for extreme violence against African-American men.

As the Director of the Office of Conflict Resolution and Civic Responsibility, when two SUNY Albany Police officers (who are not African-American) hid in a women's restroom and used a peephole in the women's restroom to spy on a decoy bag they were using in an operation that violated the Personal Property Law, and arrested a young African-American SUNY Albany student outside after a major blizzard when she was wearing shorts, sandals, and a t-shirt, and refused the woman a ride home at 1 AM when they finally let her go, Clarence L. McNeill's response was to inform her she could be expelled. Expelling a student for having her rights violated by the SUNY Albany Police evidently made sense to McNeill. McNeill's understanding of laws and the constitution seems to be non-existent; he does not seem to recognize that students have any statutory or constitutional rights, and appears to support abuses by police.

"Lee Kindlon, practicing attorney of Kindlon, Shanks & Associates represents Terra, and has represented many students in the past. […] Kindlon fired off about the methods UAlbany employs during their hearing processes.

"Some of his issues are that during the hearing process, the officers who testify against students are not cross-examined, and the officers are also instructed not to comment on questions asked to them by the students.

“'[The officers] come in and give their version of events,' Kindlon said. 'And then when the cops are expected to answer questions from the accused, or the students, the cops are instructed not to answer any questions by the city. So it’s a very, very, very one sided set piece of testimony.’ "Kindlon continued, 'And then instead of the school doing what it should do, following basic standards of due process…basically, if you can’t cross-examine your accuser, since the time Sir Walter Raleigh, that accusers testimony needs to be discarded. However, in SUNY Albany the accuser, the cop, can say whatever he or she wants, and then you’re not allowed to cross-examine that cop.’ […]

“McNeill believes the university deals with these situations fairly”.

Mineau, Lauren. "Bruised, arrested student alleges police brutality." Albany Student Press Blog. December 12, 2012. http://blog.timesunion.com/asp/2706/bruised-arrested-students-alleges-police-brutality/

I'd reported, among other things, that a large, middle-aged, white male visiting assistant professor had harassed an African-American woman in his class who kept politely pointing out when that incompetent professor kept contradicting the textbook without acknowledging he was doing so or explaining why he was doing so. McNeill did not act to stop the professor's harassment, but began sending threats not just to me but to my family, threatening that I needed to forget that professor.

For an alleged former EOP student, an alleged Africana Studies major, McNeill sure seems to love abuses committed by white faculty and cops against minority students. He'd made threats in writing, putting his own career on the line, in order to ensure that a white male visiting assistant professor could continue to do things like joking about torturing one of his minority teaching assistants by hooking her up to electrodes and shocking her until she screams. SUNY Albany and SUNY seem to be just as cool with that as McNeill. I'm not: what kind of person would be?

SUNY Albany's new President Dr. Robert J. Jones has stated "We've a lot of strength in the social sciences [...] African American studies department is number one in the country" Forum 13. WNYT NBC Albany, NY. October 10, 2013. http://www.clipsyndicate.com/video/playlist/27973/4511731?title=forum_13 The department itself claims, "Departmental Aims and Objectives [...] Provide conceptual frameworks to illuminate the causes and effects of Africana people's subordination and their struggle for liberation." http://www.albany.edu/africana/

If the department really gave Clarence L. McNeill a degree (his BA elsewhere has been claimed to be in other things), and the department has remained silent as Clarence L. McNeill permits and enables the subordination of minorities and Clarence L. McNeill has fought against minorities' struggles for liberation, how exactly is it the #1 Africana Studies Department in the country?

Dr. Jones, if a man of integrity, really ought to ensure that Clarence L. McNeill is fired and successfully prosecuted for his crimes. It seems to have been a long time since SUNY Albany has had a President who believes in the rule of law, so I'm not overly optimistic that Dr. Jones will prove to be any different than his recent predecessors.

Wednesday, January 8, 2014

Follow the leader?

"Following the law is not merely some favor you do the public. It's your job, and even more, it's your duty."

"SUNY's secret game play." Editorial. Albany Times Union. April 17, 2012: A8. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=18165416

With Albany Times Union publisher George Randolph Hearst III also being the President of the Board of Directors of the University at Albany Foundation, why doesn't the University at Albany follow laws?

Sunday, January 5, 2014

Flattening patriotism

"With a large American flag covering the field, UCLA fans cheer as the National Anthem is played during the Holiday Bowl at Qualcomm Stadium in San Diego on Thursday."

Loh, Stefanie. "National University becomes Holiday Bowl's title sponsor." U-T San Diego. http://www.utsandiego.com/news/2013/Oct/07/national-university-holiday-bowl-announcement/

"US Marines hold an American flag at the Holiday Bowl National Collegiate Athletic Association (NCAA) college football game in San Diego."

Powell, Jim. "The Observer's 20 photographs of the week." The Guardian. January 4, 2014. http://www.theguardian.com/theobserver/gallery/2014/jan/04/observer-photography-petr-cech-rafael-nadal#/?picture=426248215&index=2

I can't say I understand why uniformed U.S. Marines would be at a National Collegiate Athletic Association ("or, NAMBLA") football game for any reason, but for uniformed U.S. Marines to decorate and festoon a corporate-owned football field by carrying the flag flat...?

4 USC 8 (c) "The flag should never be carried flat or horizontally, but always aloft and free."

4 USC § 8 (d) "It should never be festooned, drawn back, nor up, in folds, but always allowed to fall free. Bunting of blue, white, and red, always arranged with the blue above, the white in the middle, and the red below, should be used for covering a speaker’s desk, draping the front of the platform, and for decoration in general."

http://www.law.cornell.edu/uscode/text/4/8

"In general, the national flag should [sic?] be displayed flat."

U.S. Marine Corps. Flag Manual. 5. http://www.marines.mil/Portals/59/Publications/MCO%20P10520.3B.pdf

Perhaps the U.S. Marine Corps Flag Manual should be revised to indicate the flag "should never be carried flat" (as stated in the U.S. Flag Code), rather than indicating that it generally "should be displayed flat"? ("Flat" there seems to be used in a different sense; if the flag is displayed with the hoist horizontally rather than vertically, then the width of the flag should be allowed to fall free below the hoist, without being gathered in a way that the flag is festooned, drawn back, drawn up, or in folds. At the Qualcomm Stadium, the flag was held with the hoist and width at the same level, with the flag festooned between every column of Marines carrying it over their heads.)

At the Holiday Bowl, balls were caught and thrown by Texas Tech and Arizona State in a game based on one played by English schoolboys.

"To fill empty seats, the Holiday Bowl in San Diego tried a new strategy, offering $80 seats for $40 through an online discounter.

"It's a good deal for fans, but not for the two college football teams in Monday's game: Texas Tech and Arizona State. Both schools and their respective conferences are required by contract to buy 10,400 full-price tickets at $70 to $90 each. If they can't find enough buyers, they're stuck with the full-price cost anyway."

Schrotenboer, Brent. "When bowl tickets go on Groupon, colleges pay the price." USA Today. January 4, 2013. http://www.usatoday.com/story/sports/ncaaf/2013/12/29/bowl-ticket-discounters/4242757/

The colleges have to pay between $728,000 and $936,000 for tickets to their own game, and then have to swallow the cost if they can't manage to resell the tickets to others? Does that come out of tuition money or taxpayer money? Aside from the high expense of college athletics and its typically parasitic relationship with college academics, aside from the brain damage and other chronic injuries caused by football, there's also the problem of "the ever-present football player rapist."

Taylor, John. "Texas WR Cayleb Jones charged with felony assault." College Football Talk. March 12, 2013. http://collegefootballtalk.nbcsports.com/2013/03/12/texas-wr-cayleb-jones-charged-with-felony-assault/

Gleeson, Scott. "Two Texas A&M football players accused of assault." USA Today. July 2, 2013. http://www.usatoday.com/story/sports/ncaaf/2013/07/01/two-texas-am-football-players-deshazor-everett-floyd-raven-sr-accused-of-assault/2480059/

"Arizona State football player accused of sexual assault, is kicked off team after arrest." StarTribune. June 11, 2013. http://www.startribune.com/nation/211125491.html

McGuire, Kevin. "Report: Arizona State football staffer charged for aggravated assault." College Football Talk. September 5, 2013. http://collegefootballtalk.nbcsports.com/2013/09/05/report-arizona-state-football-staffer-charged-for-aggravated-assault/

Meanwhile, sexual assault in the military remains such an endemic crime that on the front page of the Marines' website they need to have posted their Sexual Assault Prevention & Response Safe Helpline. I wouldn't suggest the remove the helpline from the front page, of course. Eradicating sexual assault in the military (and in athletics, and everywhere else), however, is a must - and not through suppressing crime statistics or by intimidating or threatening victims or witnesses.

"A Nation of Laws"? Perhaps, but not a nation of equally enforced laws at present.

Friday, January 3, 2014

National Advisory Committee on [Ruining] Institutional Quality and Integrity

"'Dr. Phillips has been critical to improving the academic quality of the University at Albany and expanding opportunities for students," said University at Albany President Robert J. Jones."

"UAlbany Provost Appointed to Second Term, Named Chair of National Advisory Committee." University at Albany-SUNY. December 16, 2013.

http://www.albany.edu/news/45312.php

"improving the academic quality of the University at Albany and expanding opportunities for students" evidently encompasses being OK with students being threatened in further retaliation for reporting academic dishonesty, sexual harassment, and retaliation. I'd contacted Ms. Phillips for help, and she never replied to me at all.

2012 pay rate: $260,455

http://new-york-employees.findthedata.org/l/323483/Susan-D-Phillips

Permitting academic dishonesty, sexual harassment, and retaliation pays pretty well, and the benefits are evidently great.

Wednesday, December 18, 2013

"Do not consider that you have become any kind of 'target' [for retaliation] as some have suggested"

There might be some inadverent typos herein, and formatting differences:

Christopher Philippo to Communication department advisor, August 30, 2011 3:43 PM: "I think [COM 265] will be a very frustrating class. Barberich got there late, then let class out after ten minutes [thereby engaging in theft of services]."

Communication Department secretary to Christopher Philippo, October 6, 2011 11:43 AM: "Your request for a DARS exception for COM 265 [that would permit you to drop the course and receive your degree without it] is DENIED. If you have any questions/concerns, you can make an appointment with our department chair, Dr. Jeanette Altarriba"

Christopher K. Philippo to Jeanette Altarriba, October 6, 2011 12:07 PM: "I am having a great deal of difficulty with Professor Barberich in Introduction to Communication Theory to the point that I was hoping it might be possible to be granted a DARS exception (I have taken a higher-level theory course, which perhaps could be used in its stead). I would like to meet with you about that, if that would be possible."

Monday, October 10, 2011 10 AM: Meeting with Jeanette Altarriba in person she thanked me for my integrity for reporting Michael W. Barberich's academic dishonesty, sexual harassment, and more. She didn't care much about anything I reported except for Michael W. Barberich's sexual harassment, which she claimed to be extremely troubled by - but she still refused to let me drop the course, instead requiring me to remain in it continuing to be subjected to Michael W. Barberich's offensive behavior as a condition of receiving my degree and graduating. She assured me she would not tell him who had reported his sexual harassment, while I assured her I was certain he would know it was me. She again assured me she would not tell him who had reported his sexual harassment, while I again assured her I was certain he would know it was me. She encouraged me to let other students know that they could likewise approach her about such problems, though she knew I didn't know anyone in the class, and that being an adult learner in a lecture hall of 160 or so teenagers was somewhat difficult, and that I had some social anxiety and depression. She claimed that my report to her on Barberich would go in his file, and that it would be referred to in the future if other similar reports were made, and that it would be referred to when his employment was up for review. Given how things developed, she'd given me a load of BS, basically (except for her excusing Barberich's perennial lateness and other things: that much seems to have been her actual position).

Christopher Philippo to Jeanette Altarriba, October 11, 2011 12:30 PM: "I feel somewhat better about the situation after meeting with you, even though I expect it will continue to be a stressful course. [...] Happily, my other class and my independent study lack the same stressors" (bold emphasis added)

Christopher Philippo to Jeanette Altarriba, October 21, 2011 9:35 AM: "There are those who've said to me just keep my head down and graduate, but the thought that nobody would care or do anything about egregious problems is too distressing to me to tolerate silently as I might have done in the past. The distress of taking it to this point, of meeting with you, keeping you informed as you requested, is actually far less by comparison" (bold emphasis added)

Jeanette Altarriba to Christopher Philippo, October 21, 2011 11:08 AM: "Thank you for your observations, I do appreciate them."

Jeanette Altarriba to Christopher Philippo, November 9, 2011 3:55 PM: "Thank you for writing, as you have every right and have been encouraged, to do so [...] Do not consider that you have become any kind of 'target' [for retaliation] as some have suggested, that's simply not the case" (bold emphasis added)

Christopher K. Philippo to Jeanette Altarriba, November 9, 2011 5:11 PM:"There are, as I said, other issues, but... I don't know. It doesn't seem to serve any purpose to bring them to your attention as far as I can see, as nothing in the course has changed for the better thus far, beyond him not making any more sexual jokes. He did recently joke in class about how we could shock one of his TAs until she screams, some bizarre hypothetical example he had that of course we could NOT in fact do, but maybe I'm just unreasonably expecting perfection from him in thinking that was completely inappropriate and somewhat sadistic. Most professors manage to avoid saying such things, though, for what little that's probably worth" (bold emphasis added)

Christopher K. Philippo to Clarence L. McNeill, November 18, 2011 9:52 AM, "Violation of Academic Integrity Report": "[Michael W. Barberich's] not even particularly nice to his teaching assistants either, joking one day about how 'we [the class] could hook up [one of his teaching assistants whom he named] to electrodes and shock her until she screams.' [...] I've complained to the Communication chair [Jeanette Altarriba], but she said I should remember professors are 'human' and that I should not expect 'perfection' from them."

Clarence L. McNeill to Christopher Philippo, November 22, 2011 1:54 PM: "I appreciate the email. Can you and I meet next week to discuss resolution options? I have also taken the lead in forwarding this description on to the Vice Provost for Undergraduate Education [Sue R. Faerman] for her records. Have you shared this information with the Chair of the COM Department?"

Christopher Philippo to Clarence L. McNeill, November 22, 2011 5:20 PM, "I could meet with you, though I am just a student."

Clarence L. McNeill did not respond to the November 22, 2011 5:20 PM e-mail about setting up a meeting. I had to go into his office and ask his secretary, who said he was waiting to arrange a meeting with me and she had no explanation for why he hadn't responded. Clarence L. McNeill would not meet with me about the academic dishonesty and sexual harassment I'd reported to him on November 18, 2011 until December 5, 2011 by which time problems I'd reported had grown worse due to his inaction and Vice Provost Sue Faerman's inaction.

Christopher K. Philippo to Jeanette Altarriba, November 21, 2011 10:24 AM:"On Nov 9, 2011, at 5:11 PM, Christopher K. Philippo wrote:

"There are, as I said, other issues, but... I don't know. It doesn't seem to serve any purpose to bring them to your attention as far as I can see, as nothing in the course has changed for the better thus far, beyond him not making any more sexual jokes. He did recently joke in class about how we could shock one of his TAs until she screams, some bizarre hypothetical example he had that of course we could NOT in fact do, but maybe I'm just unreasonably expecting perfection from him in thinking that was completely inappropriate and somewhat sadistic. Most professors manage to avoid saying such things, though, for what little that's probably worth."

"I must say, I'm disappointed that I did not ever get a response about that. [...] He made this joke after you had promised to talk to him about the sexual penetration joke I'd complained to you about earlier in the semester, after he was on notice that he's being scrutinized. I sincerely hope that he is not himself lately, that there is some reason for all of this that when properly addressed would clear everything up for the better.

"However, people are human, as you said, somewhat circular as that might be. People certainly are imperfect. For example, I am angry at myself for not having spoken up in class in the TA's defense when he had made that joke, and I think it was an error for me not to have done so.

"There's been a couple other sexual jokes, not quite as egregious, but still tending towards the sordid or pornographic. [...]

"If he gave permission to a student or students to record the class, or if he or any of his TAs do so, you could hear his jokes for yourself if you have any doubt about what I'm telling you. It seems to me you must doubt it, or otherwise it seems to me you would have acted more decisively to put a stop to what he's doing.

"Some people have said to me that perhaps you are in fact doing something about it, but that you're doing it quietly and don't feel at liberty to tell me. I hope that's true, but I also think that that would be unfortunate, since it creates for me (along with the lack of change in Professor Barberich's behavior and the continuing poor quality of the course) the impression that you have [the] power to do something but are choosing to do nothing.

Your last e-mail indicating to me your belief that I expect perfection, when I do not, I believe tends to support my interpretation of your lack of response over those couple people who have suggested the other possibility. That makes me rather sad. As I'm sure I'd said to you when we first met [on October 10, 2011 at 10 AM], the thought that there are people who can do something about wrongdoing but don't can sometimes hurt more than the wrongdoing itself" (bold emphasis added).

Jeanette Altarriba to Christopher Philippo, November 21, 2011 10:30 AM: "As Chair of the Department of Communication, I do not take lightly any comments or reports from in-class behaviors that offend students or otherwise make them uncomfortable. As you brought issues to my attention, they have been addressed through internal mechanisms to do so. I wish you a restful break and a successful end to your semester" (bold emphasis added)

Christopher K. Philippo to Jeanette Altarriba, November 21, 2011 10:39 AM: "Given that nothing's changed, have the issues been sufficiently addressed through internal mechanisms, I wonder? My thought is that the lack of change indicates the issues can't possibly have been addressed sufficiently yet" (bold emphasis added)

Jeanette Altarriba, of course, did not respond to indicated how she'd supposedly "addressed" Michael W. Barberich's academic dishonesty and sexual harassment through "internal mechanisms".

Red emphasis added:

* Clarence L. McNeill to [Nonresponsive] Jeanette Altarriba, December 5, 2011 6:42 PM “I am instituting a cease and desist order between Philippo and [untenured visiting assistant professor Michael W. Barberich who Christopher Philippo reported for academic dishonesty, sexual harassment, and retaliation]" (page 214 of 281)

* Jeanette Altarriba to Clarence L. McNeill, December 6, 2011 2:30 PM: "I'm following up on the 'cease and desist' order alluded to below. [Untenured visiting assistant professor Michael W. Barberich who Christopher Philippo reported for academic dishonesty, sexual harassment, and retaliation] has asked if there have been any developments regarding the issuing of this order at this point in time.” (page 214 of 281)

* Clarence L. McNeill to Jeanette Altarriba, December 7, 2011 9:26 AM Subject “Cease & Desist” (page 47 of 281) [Clarence L. McNeill changed the subject of his December 6, 2011 9:51 AM e-mail to me from “Good Morning” to “Cease & Desist” and did not inform Jeanette Altarriba he’d done so]

Clarence L. McNeill's "Good Morning" recommendation that I voluntarily choose to refrain from reporting Michael W. Barberich's academic dishonesty and sexual harassment ran contrary to a lot of things, e.g.:

"Victims shall [...] Be free from unwanted pressure from campus personnel to [...] Refrain from reporting sexual assaults for any reason, including the fear of unwanted personal publicity." http://www.albany.edu/counseling_center/sexualviolence/statement.shtml

"The University at Albany expects all members of its community to conduct themselves in a manner befitting this tradition of honor and integrity. They are expected to assist the University by reporting suspected violations of academic integrity to appropriate faculty and/or administration offices. Behavior that is detrimental to the University’s role as an educational institution is unacceptable and requires attention by all citizens of its community" (bold emphasis added) “Undergraduate Academic Regulations.” http://www.albany.edu/undergraduate_bulletin_archive/2011-2012/regulations.html

“Every member of the community, including […] students, shares an interest in maintaining the highest standards of academic integrity […] 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, […] students all share in the responsibility to report it.” “Community Rights and Responsibilities.” http://www.albany.edu/studentconduct/standards_of_academic_integrity.php

"What you can do if you feel you are a victim of, or if you observe acts of, sexual harassment: [...] Contact University people or community agencies that can help you. [...] Students may wish to talk with a member of the counseling center staff, a residence hall director, an academic advisor, a residence assistant, a faculty member, or a supervisor.” http://www.albany.edu/diversityandinclusion/sexual_harassment_policy.php

"Students are encouraged to report all incidents of sexual assault/sexual violence to the police or a member of the University in order to receive help in accessing support services and in referring the sex offender, if a student, to the on-campus student conduct system. The decision to report must be made by the victim and shall be respected by all members of the University.” http://www.albany.edu/counseling_center/sexualviolence/report.shtml

McNeill, being both incompetent and a habitual liar, represented to Jeanette Altarriba that he'd sent me a "Cease & Desist" when he had not, and that he'd informed me that he'd contacted the "Chief's" [sic] when he had not.

* Jeanette Altarriba to Clarence L. McNeill, December 7, 2011 5:10 PM "Clarence, are you at a phone number where I might reach you right now? Jeanette” [I see nothing in the response to the FOIA request giving descriptions of substance of telephone conversations, even though it ought to have been included according to the Data Request from OCR]

* Jeanette Altarriba to Clarence L. McNeill and [Nonresponsive], December 8, 2011 8:46 AM: "This behavior must cease immediately."

* Jeanette Altarriba to Estela M. Rivero, Clarence L. McNeill, Sue R. Faerman, and others, December 8, 2011 12:09 PM: "As you may know, the student was issued a 'cease and desist' order earlier this week, which you shared with me and with Professor [Nonresponsive - probably untenured visiting assistant professor Michael W. Barberich who Christopher Philippo reported for academic dishonesty, sexual harassment, and retaliation] [...] The message below and the attached message are in direct violation to that order [...] As of last Friday [December 2, 2011], I indicated to both Professors [Nonresponsive and Nonresponsive: probably Christopher Philippo's department advisor and independent study advisor] to cease all communication to Christopher at that time” (page 146 of 181 and page 157 of 281)

* Jeanette Altarriba to Clarence L. McNeill, Estela M. Rivero, Sue R. Faerman, and others, December 8, 2011 1:30 PM: "In light of this student's failure to adhere to the 'cease and desist' order [...] I am not opposed to barring this student from access to campus [...] We are at a critical level of safety concern within the Department of Communication and Professor [Nonresponsive - probably untenured visiting assistant professor Michael W. Barberich who Christopher Philippo reported for academic dishonesty, sexual harassment, and retaliation], in particular, is feeling maximum discomfort with the current situation.” (page 156 of 181)

* Jeanette Altarriba to Clarence L. McNeill, Sue R. Faerman, Estala M. Rivero, and others, December 8, 2011 2:06 PM: "let me confirm the message that I have communicated with each of you individually:

Please refrain from further communications with Christopher Philippo at this time.

* Jeanette Altarriba to [Nonresponsive], December 8, 2011 2:41 PM: "We have an issue with an undergraduate student. If you could, please give me a call in my office"(page 120 of 281)

* Jeanette Altarriba to Clarence L. McNeill and [Nonresponsive], December 8, 2011 4:31 PM: "Clarence, Please do inform me of the manner and the date in which Christopher will be barred from campus, if indeed this action will be taken by the University."

* Jeanette Altarriba to Clarence L. McNeill, December 8, 2011 9:40 PM, “We are waiting for some action to occur as a result of the violation of the order to cease and desist” (page 119 of 281)

Christopher K. Philippo to Clarence L. McNeill, December 8, 2011 10:15 PM, "retaliation?": "I've been trying to live up to this all along:

"'Every member of the community, including both faculty and students, shares an interest in maintaining the highest standards of academic integrity [...] If a violation of academic integrity occurs, faculty, deans and students all share in the responsibility to report it' (emphasis added) [...]

Any threat of retaliation or other attempts to prevent the reporting of sexual misconduct will be prohibited and is subject to disciplinary action. Reports of retaliation should be made to the Director of Conflict Resolution and Civic Responsibility [which is Clarence L. McNeill]

"I told you I'd reported sexual misconduct, namely sexual harassment" [...]

* Jeanette Altarriba to Clarence L. McNeill, Sue R. Faerman, Estela M. Rivero, and others, December 9, 2011 12:09 PM, "RE: FW:RE: Could you give me a call": "Again, I urge you to call the number below as soon as you can so that you can resolve the issue of this student's need/no need to be on campus again. Please let me know the progress of this action."

Clarence L. McNeill to Christopher K. Philippo, December 9, 2011 12:44 PM, "RE: retaliation?": "This would not be reported to me."

* Jeanette Altarriba to Clarence L. McNeill, Estela M. Rivero, [Nonresponsive], Sue R. Faerman [Nonresponsive], December 9, 2011 11:59 AM:”Christopher Philippo [...] was issued an order to 'cease and desist,', violated that order twice [underlining and bold emphasis of "twice" in original]" (page 123 of 281 and page 126 of 281)

* Jeanette Altarriba to Estala M. Rivero, Clarence L. McNeill [nonresponsive], December 9, 2011 4:00 PM: “Note that the second file above was one of the two documents that is in direct violation of the ‘cease and desist order that had been administered to Christopher by Clarence McNeill. The second item that violated that order is also attached here” (page 122 of 281)

Jeanette Altarriba to John M. Murphy, Christine Bouchard, Clarence L. McNeill, and others, July 10, 2012 2:12 PM, "FW: UAlbany seems a pretty hopeless case: should one bother at all?": I am concerned that faculty members will declare these mailings as a form of harassment (or perhaps in some cases, defamation of character) and will seek further legal action, internally or externally, and that this could lead to larger issues for the institution."

* John M. Murphy to Jeanette Altarriba, Christine Bouchard, Clarence L. McNeill, and others, July 11, 2012 9:16 AM: "We are doing are best to manage his foil requests as well as other issues relating to a cease and desist order that prohibits him from entering the Social Science Building where the Communications [sic] faculty reside." (page 56 of 281)

Defamation: "communication to third parties of false statements about a person that injure the reputation of or deter others from associating with that person"

Merriam-Webster's Dictionary of Law ©1996. Merriam-Webster, Incorporated. Published under license with Merriam-Webster, Incorporated. http://dictionary.findlaw.com/definition/defamation.html

Michael W. Barberich engaged in academic dishonesty, sexual harassment, and retaliation. That's not defamation because it's not a false statement.

Jeanette Altarriba required me to remain in Michael W. Barberich's class, continuing to be subjected to his offensive behavior, as a condition of receiving my degree and graduating. That's not defamation because it's not a false statement.

Jeanette Altarriba, however, by falsely claiming that I had been sent a "'cease and desist' order" when I had not, by falsely claiming that I had violated that non-existent cease and desist order, and by injuring my reputation and deterring people from associating with me (indeed, telling them not to do so)... that sure seems to fit the definition perfectly.

Monday, December 16, 2013

$tate University of ₦ew ¥ork: who says crime doesn't pay?

SUNY Chancellor Nancy Zimpher

$685,960

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


SUNY Senior Vice Chancellor, General Counsel & Secretary William F. Howard

$242,653

http://new-york-employees.findthedata.org/l/2282067/William-F-Howard


SUNY Deputy General Counsel Marti Anne Ellermann

$195,012

http://new-york-employees.findthedata.org/l/2281973/Marti-A-Ellermann


NY Commissioner of Education John B. King, Jr.

$206,277

http://new-york-employees.findthedata.org/l/2114724/John-King


NY Inspector General Catherine Leahy Scott

$117,436

http://new-york-employees.findthedata.org/l/2154092/Catherine-Leahy-Scott


NY Attorney General Eric T. Schneiderman

$151,670

http://new-york-employees.findthedata.org/l/2154053/Eric-T-Schneiderman


NY Governor Andrew M. Cuomo

$178,377

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


SUNY General Counsel gets more than the NY Attorney General or NY Inspector General? The SUNY Chancellor gets more than the NY Commissioner of Education and the Governor combined?


Hmm.