Reports of Sexual Misconduct at State University of New York at Albany.
| Tracking # |
113419 |
| Submitted | May 9, 2023 |
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Communications
From: Jordan Lassiter
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
Freedom of Information Act Officer
State University of New York at Albany
1400 Washington Avenue
Albany, NY 12222
Subject: Freedom of Information Act Request
Dear FOIA Officer,
I am submitting a request for information under the provisions of the New York State Freedom of Information Law (Article 6 of the Public Officers Law) from the State University of New York at Albany. My request pertains to reports, investigations, and litigation concerning incidents of sexual misconduct over the past five years.
I am specifically requesting access to the following categories of information:
Incident Reports: All incident reports or complaints of sexual misconduct involving students, including those filed by the students themselves or others on their behalf.
Investigation Outcomes: Detailed records of any investigations undertaken in response to these reports, including the findings (such as sustained, not founded, inconclusive, etc.), any actions taken by the university, and the outcomes of any subsequent appeals.
Litigation: Records of all litigation and court proceedings related to these incidents of sexual misconduct. This includes not only the cases initiated by the university or individual students but also any related court cases that support the premise that such information should be released under FOIA, such as case law establishing or affirming the public's right to access this type of information.
Policy Changes: Any revisions or amendments made to the university's policies, guidelines, or procedures concerning sexual misconduct over the last five years in response to these incidents.
As allowed under the New York State Freedom of Information Law, I request that these documents be produced on a rolling basis, meaning as they become available. Pursuant to New York State Public Officers Law § 89(3)(a), I ask that the State University of New York at Albany make a good faith effort to provide the records as they are located and reviewed, rather than waiting to release all records at once.
I am not requesting access to personally identifiable information or other confidential details that would infringe upon the privacy rights of individuals involved. Please redact such information in compliance with the law while still providing the relevant data about the incidents and their outcomes.
If any part of my request is denied, I kindly ask you to provide a written explanation citing the specific legal reasons for the denial. If any aspect of my request is unclear or needs further clarification, please do not hesitate to contact me
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
Jordan Lassiter
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on May 9, 2023. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Jordan Lassiter
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
Freedom of Information Act Officer
State University of New York at Albany
1400 Washington Avenue
Albany, NY 12222
Subject: Freedom of Information Act Request
Dear FOIA Officer,
I am submitting a request for information under the provisions of the New York State Freedom of Information Law (Article 6 of the Public Officers Law) from the State University of New York at Albany. My request pertains to reports, investigations, and litigation concerning incidents of sexual misconduct over the past five years.
I am specifically requesting access to the following categories of information:
Incident Reports: All incident reports or complaints of sexual misconduct involving students, including those filed by the students themselves or others on their behalf.
Investigation Outcomes: Detailed records of any investigations undertaken in response to these reports, including the findings (such as sustained, not founded, inconclusive, etc.), any actions taken by the university, and the outcomes of any subsequent appeals.
Litigation: Records of all litigation and court proceedings related to these incidents of sexual misconduct. This includes not only the cases initiated by the university or individual students but also any related court cases that support the premise that such information should be released under FOIA, such as case law establishing or affirming the public's right to access this type of information.
Policy Changes: Any revisions or amendments made to the university's policies, guidelines, or procedures concerning sexual misconduct over the last five years in response to these incidents.
As allowed under the New York State Freedom of Information Law, I request that these documents be produced on a rolling basis, meaning as they become available. Pursuant to New York State Public Officers Law § 89(3)(a), I ask that the State University of New York at Albany make a good faith effort to provide the records as they are located and reviewed, rather than waiting to release all records at once.
I am not requesting access to personally identifiable information or other confidential details that would infringe upon the privacy rights of individuals involved. Please redact such information in compliance with the law while still providing the relevant data about the incidents and their outcomes.
If any part of my request is denied, I kindly ask you to provide a written explanation citing the specific legal reasons for the denial. If any aspect of my request is unclear or needs further clarification, please do not hesitate to contact me
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
Jordan Lassiter
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on May 9, 2023. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on May 9, 2023. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on May 9, 2023. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: State University of New York at Albany
Attn: Jordan Lassiter
Dear Jordan:
I am in receipt of your hard copy letter (scan attached) dated June 29 2023 regarding a Freedom of Information Law request sent by you or your office on May 30 2023, for records related to incidents of sexual misconduct over the past 5 years. Our email records do not show such a request, and I am opening a new file for you with the attached document as your formal request. Your document does not show the email address used to send your request to the SUNY University at Albany campus, but please make sure that all future emails to the SUNY Albany campus FOIL office is sent to Foil@albany.edu<mailto:Foil@albany.edu>. There are frequent confusions between our email and the State of New York University (SUNY) System's email (the SUNY- wide office is also located in Albany).
In response to your request, please note that we will need time to research the particulars and determine if the SUNY University at Albany has any responsive records under the Freedom of Information Law. We anticipate being able to make a decision within twenty business days, at which point in time we should also be able to give you an estimated timeline for the release of the responsive documents if applicable.
Best regards,
FOIL@albany.edu<mailto:FOIL@albany.edu>
From: MuckRock
##- Please type your reply above this line -##
Hi,
We've received your support request and assigned it ID (113419). Our team is currently reviewing it and getting it to the right person, and no further action is required. If you'd like to provide more information related to this query, just reply to this email.
You might also find the following helpful:
* Our FOIA 101 guides: https://www.muckrock.com/project/foia-101-tips-and-tricks-to-make-you-a-transparency-master-234/
* Frequently asked questions: https://www.muckrock.com/faq/
* A FOIA training we recorded for Sunshine Week 2020 walking through the basics of public records: https://www.youtube.com/watch?v=LMZeLanD4mw&t=4s
Thanks for reaching out and we look forward to talking soon!
The MuckRock Team
--------------------------------
This email is a service from MuckRock.
[7GK6XK-6X76E]
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on May 9, 2023. Please let me know when I can expect to receive a response. You had assigned it reference number #113419.
Thanks for your help, and let me know if further clarification is needed.
From: State University of New York at Albany
Dear Jordan / Muckrock staff member:
Thank you for contacting the Freedom of Information Law (FOIL) office at the University at Albany (Foil@albany.edu<mailto:Foil@albany.edu>). Please note that you have reached the University at Albany campus. We do not assign reference numbers to our incoming requests, therefore we do not have a request under “ reference number #113419”.
The Foil office at the University at Albany does have an active request on file from Muckrock, sent to us via USPS ( hard copy letter) and dated June 29, 2023. Our office has responded to this letter on July 19 2023, via the email address noted in your letter; I am copying below the text of the email sent to you on that date:
“I am in receipt of your hard copy letter (scan attached) dated June 29 2023 regarding a Freedom of Information Law request sent by you or your office on May 30 2023, for records related to incidents of sexual misconduct over the past 5 years. Our email records do not show such a request, and I am opening a new file for you with the attached document as your formal request. Your document does not show the email address used to send your request to the SUNY University at Albany campus, but please make sure that all future emails to the SUNY Albany campus FOIL office is sent to Foil@albany.edu<mailto:Foil@albany.edu<mailto:Foil@albany.edu%3cmailto:Foil@albany.edu>>. There are frequent confusions between our email and the State of New York University (SUNY) System's email (the SUNY- wide office is also located in Albany).
In response to your request, please note that we will need time to research the particulars and determine if the SUNY University at Albany has any responsive records under the Freedom of Information Law. We anticipate being able to make a decision within twenty business days, at which point in time we should also be able to give you an estimated timeline for the release of the responsive documents if applicable.
Best regards, FOIL@albany.edu<mailto:FOIL@albany.edu<mailto:FOIL@albany.edu%3cmailto:FOIL@albany.edu>> “
As per our email, we anticipate being able to let you know whether the University at Albany has records responsive to your request by August 16, 2023 (20 days from our acknowledgement to your request). We will also be able to give you’re an estimated timeline for the release of the responsive records (if any) at that time.
Kind regards,
Foil@albany.edu<mailto:Foil@albany.edu>
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on May 9, 2023. Please let me know when I can expect to receive a response. You had assigned it reference number #113419.
Thanks for your help, and let me know if further clarification is needed.
From: State University of New York at Albany
It looks like this agency uploaded responsive documents to a portal or link sharing site. Our team is working on moving them over, so please check back soon.
Dear Jordan:
In response to your Freedom of Information Law request sent via USPS and dated June 29 2023 for records related to incidents of sexual misconduct over the past 5 years, specifically:
1. Incident Reports: All incident reports or complaints of sexual misconduct involving students, including those filed by the students themselves or others on their behalf.
2. Investigation Outcomes: Detailed records of any investigations undertaken in response to these reports, including the findings (such as sustained, not founded, inconclusive, etc.), any actions taken by the university, and the outcomes of any subsequent appeals.
3. Litigation: Records of all litigation and court proceedings related to these incidents of sexual misconduct. This includes not only the cases initiated by the university or individual students but also any related court cases that support the premise that such information should be released under FOIA, such as case law establishing or affirming the public's right to access this type of information
4. Policy Changes: Any revisions or amendments made to the university's policies, guidelines, or procedures concerning sexual misconduct over the last five years in response to these incidents,
Please note:
In regards to:
1. Item # 1: “Incident Reports: All incident reports or complaints of sexual misconduct involving students, including those filed by the students themselves or others on their behalf” and
2. Item # 2: “Investigation Outcomes: Detailed records of any investigations undertaken in response to these reports, including the findings (such as sustained, not founded, inconclusive, etc.), any actions taken by the university, and the outcomes of any subsequent appeals”,
we have determined that the University at Albany is in possessions of numerous records responsive to these parts of your request. Due to the manner our Equity and Compliance files are stored, we anticipate that it would take a considerable time to pull / process all the records you are requesting. As per the Public Officers Law Article 6, section 87.1, agencies are allowed to charge for the actual cost of reproducing records (beyond the first two hours, which are free). As per section 87.1.c.i , we have determined that the actual cost (beyond the first two hours) of reproducing the records responsive to items 1 and 2 of your request would be $1969.00.
If you would like to proceed with your request, please let us know within 10 business day (by 9/7/2023, end of day), and we will send you the necessary payment instructions. Based on a preliminary review, once your payment has been received and processed, we anticipate being able to release the allowable responsive records within three months’ time, subject to extensions.
1. Item # 3: “ Litigation: Records of all litigation and court proceedings related to these incidents of sexual misconduct. This includes not only the cases initiated by the university or individual students but also any related court cases that support the premise that such information should be released under FOIA, such as case law establishing or affirming the public's right to access this type of information” :
We have determined that the University at Albany is in possession of records responsive to this part of your request. We anticipate being able to send you the responsive records by 11/30/2023 or sooner. There will be no charge for this part of your request.
1. Item # 4: “Policy Changes: Any revisions or amendments made to the university's policies, guidelines, or procedures concerning sexual misconduct over the last five years in response to these incidents”:
All our current Equity and Title IX policies can be found at https://www.albany.edu/equity-compliance/laws-policies-procedures :
* Title IX Grievance Policy - https://www.albany.edu/risk-management-compliance/policy/title-ix-grievance
* Sexual Violence Response Policy - https://livealbany.sharepoint.com/sites/web_equity-compliance/Shared%20Documents/Forms/AllItems.aspx?id=%2Fsites%2Fweb%5Fequity%2Dcompliance%2FShared%20Documents%2FSexual%5FViolence%5FResponse%5FPolicy%5Frev%20022023%2Epdf&parent=%2Fsites%2Fweb%5Fequity%2Dcompliance%2FShared%20Documents&p=true&ga=1
* Community Rights and Responsibilities - https://www.albany.edu/dean-students/communitystandards
Kind regards,
Corinne Fauchon
Corinne Fauchon | FOIL Records Access Officer
Office of Enterprise Risk Management and Compliance
University at Albany | State University of New York at Albany [https://s-media-cache-ak0.pinimg.com/736x/9a/42/c8/9a42c81259d79d0ceaea80c392c3cf4a.jpg]
University Hall 212 | 1400 Washington Avenue | Albany, New York 12222
EMAIL: FOIL@albany.edu<mailto:FOIL@albany.edu>
You may appeal this determination in part or in whole, in writing, citing any basis consistent with the Public Officers Law for release of the records within (30) days of your receipt hereof to:
FOIL Appeals Office
c/o Office of General Counsel
The State University of New York
H. Carl McCall SUNY Building – 353 Broadway
Albany, NY 12246
518-445-4040
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image001
From: Muckrock Staff
Hello Corinne,
Thank you for your continued partnership on this request. Please know that we are unable to access the SharePoint link you had provided. Upon using our email address, it stated such an account did not exist. Please advise at your earliest convenience.
Sincerely,
MuckRock Staff
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on May 9, 2023. Please let me know when I can expect to receive a response. You had assigned it reference number #113419.
Thanks for your help, and let me know if further clarification is needed.
From: State University of New York at Albany
It looks like this agency uploaded responsive documents to a portal or link sharing site. Our team is working on moving them over, so please check back soon.
Attn Jordan Lassiter – Muckrock.com
Dear Jordan / Muckrock.com Staff:
1. In response to your email below, I believe you are referring to Part # 4 of your request dated June 29, 2023:
Item # 4: “Policy Changes: Any revisions or amendments made to the university's policies, guidelines, or procedures concerning sexual misconduct over the last five years in response to these incidents”:
As stated in our email from 8/22/2023, all our current Equity and Title IX policies can be found at https://www.albany.edu/equity-compliance/laws-policies-procedures :
Title IX Grievance Policy - https://www.albany.edu/risk-management-compliance/policy/title-ix-grievance
Sexual Violence Response Policy - [pdf icon] Sexual_Violence_Response_Policy_rev 022023.pdf<https://livealbany.sharepoint.com/:b:/s/web_equity-compliance/EXhCF94O3FFEtQoDn2rvUn4Bc-NrujG_Lv4lh7dpCQdd7g?e=s2gCLY> AND ALSO ATTACHED IN CASE YOU STILL HAVE DIFFICULTIES ACCESSING
Community Rights and Responsibilities - https://www.albany.edu/dean-students/community-standards
1. We still have not heard back from you regarding our quote sent to you on 8/22/2023 regarding the cost of processing the records responsive to parts # 1 and 2 of your request. I am extending the deadline for your response to 9/20/2023. If I do not hear from you by that date, I will cancel these parts of your request.
2. I am taking this opportunity to confirm that the University at Albany has records responsive to Item # 3: “ Litigation: Records of all litigation and court proceedings related to these incidents of sexual misconduct. This includes not only the cases initiated by the university or individual students but also any related court cases that support the premise that such information should be released under FOIA, such as case law establishing or affirming the public's right to access this type of information” :
We anticipate being able to send you the responsive records by 11/30/2023 or sooner. There will be no charge for this part of your request.
Kind regards,
Corinne Fauchon
Corinne Fauchon | FOIL Records Access Officer
Office of Enterprise Risk Management and Compliance
University at Albany | State University of New York at Albany [https://s-media-cache-ak0.pinimg.com/736x/9a/42/c8/9a42c81259d79d0ceaea80c392c3cf4a.jpg]
University Hall 212 | 1400 Washington Avenue | Albany, New York 12222
EMAIL: FOIL@albany.edu<mailto:FOIL@albany.edu>
You may appeal this determination in part or in whole, in writing, citing any basis consistent with the Public Officers Law for release of the records within (30) days of your receipt hereof to:
FOIL Appeals Office
c/o Office of General Counsel
The State University of New York
H. Carl McCall SUNY Building – 353 Broadway
Albany, NY 12246
518-445-4040
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