Responses to concerns regarding noncompliance & threats involving SUNY

Christopher Philippo filed this request with the State University of New York of New York.
Status
Rejected

Communications

From: Christopher Philippo

To Whom It May Concern:

Pursuant to the New York State Freedom of Information Law (1977 N.Y. Laws ch. 933), I hereby request the following records:

Responses to the concerns raised in the e-mail "possible Clery Act violations: Sexual Offender Registry, Campus Security Authorities, &c." of October 12, 2012 at 2:59:09 PM EDT and the e-mail "possible Clery Act violations: Sexual Offender Registry, Campus Security Authorities, &c. 2" of October 12, 2012 at 3:18:49 PM EDT.

Those concerns (given below; some formatting differences throughout from original e-mails) had involved such things as the University at Albany Police failing to properly maintain their sexual offender registry for many years, conflicting information about who the University at Albany's Campus Security Authorities for the purposes of the Clery Act are, and Clarence L. McNeill's threatening e-mail and subsequent letter dated August 3, 2012 in which he wrote and threatened in part, "Effective immediately, you are hereby notified that you are to cease and desist all contact with any office, department, unit or employee at the University other than me. As of this date, the University has designated me as your sole contact for all written and oral communication with the University, including, but not limited to, telephone calls and messages, emails, and mailed and faxed correspondence. I will determine when and if your communications will be addressed by the University. [...] This decision may only be reconsidered by me as the agent of the President of the University. If you continue to contact others at the University, the University may consider your actions to constitute harassment, and consult with local authorities about the University’s options to protect its interests. Thank you."

Putting John H. Reilly and Janet Thayer in charge of investigating something in which they were noted to have been involved did not seem like a good idea, which was noted at the time. When Ms. Abbruzzese-Werling brought the objection to the attention of Marti Anne Ellermann, Ms. Ellermann responded:

From: "Ellermann, Marti" [...]
Subject: RE: UAlbany Concerns raised in October 12th e-mail
Date: November 5, 2012 at 10:05:01 AM EST
To: "Abbruzzese-Werling, Nedra" [...], [Christopher K. Philippo]
Cc: "Thayer, Janet" [...], "Reilly, John (Univeristy at Albany)" [...]

I suggest no response.

Marti Anne Ellermann
Deputy General Counsel
Office of General Counsel
State University of New York
SUNY Plaza
Albany, New York 12246
marti.ellermann[...]suny.edu
518-320-1306

* * *

It was not clear then or now what or whom Ms. Ellermann was addressing with her suggestion not to respond when the concerns raised were such serious ones as possible Clery Act violations, the Sexual Offender Registry, Campus Security Authorities, etc. A response to this FOIL request might include (but not be limited to), records indicating no response should or would be made regarding the SUNY Albany Police's mismanagement of the sexual offender registry for so many years, the threats sent by Clarence L. McNeill, etc.

With respect to the matter of the SUNY Albany Police not maintaining their sexual offender registry, the one dated 2009 continued to be dated 2009 (lower left corner) on to February 19, 2013 or later: Archived by WebCite® at http://www.webcitation.org/6EZ55k2vF The obviously erroneous statement "There are currently three (4) registered sex offenders enrolled or working at the University. The following Information has been released:" followed by a list of six (6) registered sex offenders was deleted prior to that, evidently sometime between October 28, 2012 18:55:44 http://www.webcitation.org/6Bl2lcqhV (about two weeks after SUNY Compliance Administrator and Special Assistant to the Senior Vice Chancellor and General Counsel Nedra Abbruzzese-Werling was informed of the obvious mismanagement of the sexual offender registry) and November 2, 2011 01:37:17 http://www.webcitation.org/6BrYImPEh A response to this FOIL request might include (but not be limited to), for example, records involving changes made on the sexual offender registry and who was responsible. ("The campus President, as the chief administrative officer, has the authority and responsibility for operation and security of the campus." SUNY Police Manual §5.01 http://www.suny.edu/sunypp/docs/364.doc‎ )

* * *
From: "Abbruzzese-Werling, Nedra" [...]
Subject: UAlbany Concerns raised in October 12th e-mail
Date: November 2, 2012 at 5:26:32 PM EDT
To: [Christopher K. Philippo]
Cc: "Thayer, Janet" [...], "Reilly, John H" [...]

Dear Mr. Philippo,

I am in receipt of both of your e-mails from Friday, October 12th. I read over each of your concerns, and have brought them to the attention of the appropriate University at Albany administrators. Those administrators have, and will continue to review each one of your concerns in a thorough manner. They will make any necessary corrections to the website that are in order, and will also follow up on the other concerns you raised in your e-mails and investigate as appropriate.

Thank you,
Nedra

Nedra Abbruzzese-Werling
Compliance Administrator and Special Assistant to the
Senior Vice Chancellor and General Counsel
The State University of New York
State University Plaza - Albany, New York 12246
Tel: 518.320.1400
Be a part of Generation SUNY: Facebook - Twitter - YouTube

* * *
From: "Abbruzzese-Werling, Nedra" [...]
Subject: UAlbany Concerns raised in October 12th e-mail
Date: November 2, 2012 at 5:26:32 PM EDT
To: [Christopher K. Philippo
Cc: "Thayer, Janet" [...], "Reilly, John H" [...]

Dear Mr. Philippo,

I am in receipt of both of your e-mails from Friday, October 12th. I read over each of your concerns, and have brought them to the attention of the appropriate University at Albany administrators. Those administrators have, and will continue to review each one of your concerns in a thorough manner. They will make any necessary corrections to the website that are in order, and will also follow up on the other concerns you raised in your e-mails and investigate as appropriate.

Thank you,
Nedra

Nedra Abbruzzese-Werling
Compliance Administrator and Special Assistant to the
Senior Vice Chancellor and General Counsel
The State University of New York
State University Plaza - Albany, New York 12246
Tel: 518.320.1400
Be a part of Generation SUNY: Facebook - Twitter - YouTube

* * *
From: Christopher Philippo [...]
Subject: possible Clery Act violations: Sexual Offender Registry, Campus Security Authorities, &c.
Date: October 12, 2012 at 2:59:09 PM EDT
To: Nedra Abbruzzese-Werling [...]
Cc: [...]

Dear Ms. Abbruzzese-Werling,

As SUNY Compliance Administrator and Special Assistant to the Senior Vice Chancellor and General Counsel, perhaps you could encourage the University at Albany to do something about their two different Sexual Offender Registries online, both with conflicting information, which perhaps include people who are no longer at the university. The sexual offenders' privacy rights might be an issue, if they're no longer there, they should no longer be listed, presumably. If they're no longer there, the registries are misinforming the University and broader Albany County community.

One with a copyright date of 2009 states, "There are currently three (4) registered sex offenders enrolled or working at the University. The following Information has been released:" but then it goes on to list six (6)
http://police.albany.edu/SOR2.shtml

The other has no date but would seem to be from roughly 2007-2008 and it states, "There are currently two (2) registered sex offenders enrolled at the University. The following Information has been released:" but then it goes on to list three (3)
http://police.albany.edu/2ColPage.asp?PageSName=SOR2

There seem to be other issues there as well.

I reported it to the Office of Sex Offender Management / Sex Offender Registry at infodcjs[...]dcjs.ny.gov but they did not respond. The Albany County Sheriff's Office indicated it's not their jurisdiction, if I understood them. The Albany County Comptroller wrote it's not within his purview. The City of Albany Police haven't responded. The NY Comptroller's Office has not responded. I'm not quite sure where else to try.

I have no interest in contacting the University at Albany Police Department myself, and please make sure they do not contact me. University at Albany judicial administrator Clarence L. McNeill prohibited me to contact the University at Albany Police Department myself, and I presume that extends even to answering their questions should they have any. Even in the absence of such a prohibition, I have found their behavior with me and others to be unprofessional and discriminatory at best. I wish there was an external oversight body to report them to, but it appears that there is not. There is the NYS University Police, but they don't provide oversight, and besides: Director David Schindler just resigned recently.

Mr. McNeill did recently revise his prohibition on communicating with anyone at the university other than himself to exclude university librarians, the U.S. Government Printing Office wrote me. Mr. McNeill had cc'd Vice President for Student Success Christine Bouchard, Associate Vice President for Student Success and Clery Act Compliance Officer John M. Murphy, Senior Counsel John H. Reilly, Associate Counsel Janet M. Thayer, and outgoing President George M. Philip on that e-mail which prohibited me from filing records access requests (FOIL, PPPL, FERPA, etc.) with the appropriate individuals (Records Access Officers, Registrar, etc.), or from communicating with anyone other than himself for any purpose, via any means. I don't know if he has cc'd those parties he'd previously cc'd to inform them of how he's revised his earlier prohibition. There's been no indication that he was revising his broad prohibition in any other way: the prohibition would thus seem to remain on my contacting the university police, religious leaders at the Interfaith Center; Five Quad ambulance; staff at the Health Center, Counseling Center, Psychological Services Center, and Career Services Center; the Registrar; my friends; willing listeners, etc. Not that I'd want to work or go to grad school there, but I'd be prohibited from contacting the appropriate offices in those cases as well.

Please make sure that Mr. McNeill does not contact me or my family again as well. My family and my friends are tired of his repeated acts of intimidation and threats. I reported a professor for academic dishonesty, sexual harassment, and retaliation as the university encourages and even requires (in the case of academic dishonesty) students to report, but reporting it to Mr. McNeill just led to more and more severe retaliation. I've told University at Albany administrators that before, but they did not make Mr. McNeill stop.

Indeed, I do not want to have to hear from anyone within the organizational structure of the Office of Student Success or University at Albany again. Incidentally, that office's different organizational charts from 2010 need to be updated, along with the conflicting lists of Campus Security Authorities (CSAs).

The Handbook for Campus Safety and Security Reporting http://www2.ed.gov/admins/lead/safety/handbook.pdf
"How to Identify Your Institution’s CSAs" on page 74 states, a "'Campus security authority' is a Clery-specific term that encompasses four groups of individuals and organizations associated with an institution."

(1) "A campus police department or a campus security department of an institution"

(2) "Any individual or individuals who have responsibility for campus security but who do not constitute a campus police department or a campus security department (e.g., an individual who is responsible for monitoring the entrance into institutional property)."

(3) "Any individual or organization specified in an institution’s statement of campus security policy as an individual or organization to which students and employees should report criminal offenses."

(4) "An official of an institution who has significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline and campus judicial proceedings. An official is defined as any person who has the authority and the duty to take action or respond to particular issues on behalf of the institution."

It ought to be very straightforward who's a CSA and who is not. At the University at Albany, however, it's not so easy.

University at Albany CSA list #1

The 2011Annual Safety Report/Clery Act Report http://police.albany.edu/ASR.shtml page 21, and "Campus Security Authorities" http://police.albany.edu/CSA.shtml (copyright 2009) and also the Clery Act PowerPoint http://police.albany.edu/Clery/CleryTrainingSlideShow.ppt identify the Campus Security Authorities under the Clery Act as:

• Vice Provost for Undergraduate Education

• Professional staff in Student Success except Student Health Center and Counseling Center staff

• Senior staff in the Office of Human Resource Management

• Academic Advisors in Advisement Services Center Undergraduate Studies (ASC/US) and Educational Opportunity Program (EOP)

• Professional staff in Athletics, including coaches

It's not clear to me why the Vice Provost for Undergraduate Education (who is also the Dean for Undergraduate Education) would be a CSA while the Dean for Graduate Studies does not appear to be a CSA?

University at Albany CSA List #2

The "Coordinated Response for Sexual Assault" on page 5 athttp://www.albany.edu/counseling_center/sarc/docs/SA%20PROTOCOL%20ammended%2012-10-09.pdf (evidently dated October 9, 2012) identifies CSAs as staff in

• Residential Life

• Student Life

• University Police

• Conflict Resolution and Civic Responsibility

• Athletics

• Undergraduate Studies

• Affirmative Action

Staff in "Undergraduate Studies" would seem to include a lot of people, but if it excludes faculty I'm not entirely sure who all specifically in Undergraduate Studies would be a CSA.

Also: why aren't staff in Graduate Studies included as CSAs?

University at Albany CSA List #3

This one's nearly the same as above: "Student Life" replaced with "Student Involvement & Leadership" (are they the same or not?) and "Affirmative Action" replaced with "Diversity and Inclusion" (same or not?).

The Student Code of Conduct Appendix J at http://www.albany.edu/studentconduct/27173.php(copyright 2012) and page 32 ofhttp://www.albany.edu/studentconduct/assets/Community_Rights_FINAL_10-28-11.pdf (evidently dated October 28, 2011) identifies CSAs as staff in:

• Residential Life

• Student Involvement & Leadership

• University Police

• Conflict Resolution and Civic Responsibility

• Athletics

• Undergraduate Studies

• Diversity and Inclusion

University at Albany CSA lists #4-5?

The number of CSAs in the Office of Student Success can vary widely, depending upon which organizational chart for SS that one uses. There's two different ones, both dated June 2010.

http://www.albany.edu/studentsuccess/docs/OrgChart2010.pdf

http://www.albany.edu/studentsuccess/docs/ORG%20CHART%20Student%20Success.pdf

On one chart, it would seem that D. Ekow King, Director of Multicultural Student Success would be a CSA, while according to the other, he wouldn't seem to be.

There's a "Campus Clery Committee," but it doesn't appear to list its members, minutes, or reports (if any) online? The only member who seems to be identified is Cynthia A. Riggi, Assistant Vice President for Student Success http://www.albany.edu/studentsuccess/cynthia-riggi.shtml "She also is a member of many campus wide committees, most notably the President’s Advisory Council on the Prevention of Sexual Assault and the Campus Clery Committee."

Those charts both being two years and several months old now, the organizational chart and the names within it may have changed without having been updated yet. I'm supposing "Cynthia Brady" is Cynthia A. Riggi's maiden name, indicating that both organizational charts are indeed outdated and in need of revision.

As compliance officer for SUNY, please ensure that there is no more retaliation against me. There's been far too much, far too severe, already. My safety and the safety of my family and friends are my primary concern, but I continue to be concerned about the safety on campus for others. I hope that concern is coming across properly?

Others there have told me they're afraid to reporting bullying and harassment. It's not a place I feel safe going anymore. New York State, in a way, might agree with me:

"the State is not an insurer or guarantor of the safety of SUNYA students"
McEnaney v. State of New York, 267 AD 2d 748 - NY: Appellate Div., 3rd Dept. 1999.http://scholar.google.com/scholar_case?case=14949034404515783354

I much prefer the opening text of the legislative intent of NYS Senator Klein's bill S610 (2011-2012 Regular Sessions:

"'The legislature hereby finds and declares that maintaining a safe environment for individuals studying on the campuses of the state university of New York is of critical importance, and that a well trained and well organized campus police force is vital to ensure that safety.'"

and

"'The health and safety of our students, faculty, staff and visitors is the State University of New York’s (SUNY) top priority,' said Roger Johnson, assistant vice chancellor for University Police and a 30-plus year veteran of law enforcement."
"Statement from SUNY Assistant Vice Chancellor for University Police Roger Johnson on OSC's Clery Audit of SUNY." SUNY.edu. October 22, 2008. http://www.suny.edu/sunynews/News.cfm?filname=2008-10-22 final Johnson statement on Clery.htm

I find it completely perverse that I was punished for things I had been encouraged to report. There's so much that's good there, even great, that it's inexcusable that such things are permitted to happen.

Thank you for any help you can provide,

Christopher K. Philippo

---

"Retaliation is an intentional act taken against an individual who initiates any sexual misconduct complaint, including stalking or intimate partner violence, pursues legal recourse for such a complaint, or participates in any manner in the investigation of such a report. Any act of retaliation is prohibited and is subject to judicial referral" [bold emphasis in original].
"Sexual Assault: Reporting Options, Victim's Rights Statement and Prevention Programs." Student Code of Conduct. Appendix J. University at Albany. http://www.albany.edu/studentconduct/27173.php

"Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act" whistleblower protection:
"The statute now includes language specifically protecting whistleblowers who report violations of the Clery Act. This section is effective immediately" (2).
Storch, Joseph. "2008 Changes to Clery Act Reporting Requirements." September 2, 2008. SUNY.edu. http://www.suny.edu/govtRelations/federal/pdf/2008-68%20Guidance%20on%202008%20Changes%20to%20Clery%20Act%20Reporting%20Requirements.pdf

"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

* * *

Begin forwarded message:

From: Christopher Philippo [...]
Subject: possible Clery Act violations: Sexual Offender Registry, Campus Security Authorities, &c. 2
Date: October 12, 2012 at 3:18:49 PM EDT
To: Nedra Abbruzzese-Werling [...]
Cc: [...]

On Oct 12, 2012, at 2:59 PM, Christopher Philippo [...] wrote:

["]Mr. McNeill did recently revise his prohibition on communicating with anyone at the university other than himself to exclude university librarians, the U.S. Government Printing Office wrote me. Mr. McNeill had cc'd Vice President for Student Success Christine Bouchard, Associate Vice President for Student Success and Clery Act Compliance Officer John M. Murphy, Senior Counsel John H. Reilly, Associate Counsel Janet M. Thayer, and outgoing President George M. Philip on that e-mail which prohibited me from filing records access requests (FOIL, PPPL, FERPA, etc.) with the appropriate individuals (Records Access Officers, Registrar, etc.), or from communicating with anyone other than himself for any purpose, via any means. I don't know if he has cc'd those parties he'd previously cc'd to inform them of how he's revised his earlier prohibition. There's been no indication that he was revising his broad prohibition in any other way: the prohibition would thus seem to remain on my contacting the university police, religious leaders at the Interfaith Center; Five Quad ambulance; staff at the Health Center, Counseling Center, Psychological Services Center, and Career Services Center; the Registrar; my friends; willing listeners, etc. Not that I'd want to work or go to grad school there, but I'd be prohibited from contacting the appropriate offices in those cases as well.["]

To clarify the above, removing paragraph breaks, Mr. McNeill had e-mailed me on August 3, 2012 in relevant part (and subsequently sent it to me by registered mail postmarked August 7, 2012):

"Effective immediately, you are hereby notified that you are to cease and desist all contact with any office, department, unit or employee at the University other than me. As of this date, the University has designated me as your sole contact for all written and oral communication with the University, including, but not limited to, telephone calls and messages, emails, and mailed and faxed correspondence. I will determine when and if your communications will be addressed by the University. [...] This decision may only be reconsidered by me as the agent of the President of the University. If you continue to contact others at the University, the University may consider your actions to constitute harassment, and consult with local authorities about the University’s options to protect its interests. Thank you."

The ellipsis I've inserted would take a while to explain, but to try to address it briefly: it mentions a fraudulent and intimidating December 9, 2011 "'cease and desist' order" he had e-mailed to me and my mother and he claimed it was still in effect. UPD had denied that they had it in response to a FOIA/FOIL/PPPL request I'd filed: Jeremy Clapper, Benjamin Nagy, and J. "Frank" Wiley all denied that UPD had it. Mr. McNeill and Mr. Murphy the Clery Act Compliance Officer claimed they did have it, but offered no evidence to that effect. Murphy's and McNeill's claims were cc'd by them to Chief Wiley, but all I have from UPD are their denials that they have it.

Clearly Mr. McNeill had not made an exception for communicating with the library or librarians. He'd written "cease and desist all contact with any office, department, unit or employee at the University other than me." Beyond being against University policy, I don't think that's a legal or constitutional prohibition. Among other things:

The University at Albany Library "is a congressionally designated depository for U.S. Government documents. Public access to the government documents collection is guaranteed by public law." (Title 44 United States Code)
http://libguides.library.albany.edu/govinfo-us

I'd thus contacted the GPO for assistance; they oversee the Federal Depository Library Program. The GPO responded:

On Oct 12, 2012, at 9:54 AM, GPO Help [...] wrote:

Response Via Email([...]) - 10/12/2012 09:54 AM
["]Mr. Phillipo, 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.

["]If you have any further questions about any restrictions, please contact Mr. McNeill.

["]Thank you. [...]

["]Thank you for contacting the U.S. Government Printing Office. If you need further assistance, please contact us via e-mail at [...] or via phone locally at 202-512-1800 or toll free 866-512-1800. Also, orders can be placed on the Online Bookstore Web site at,http://bookstore.gpo.gov.["]

Given Mr. McNeill's behavior, I do not want to contact Mr. McNeill, nor do I want him to ever contact me or my family again. Please see that he does not.

Sincerely,

Christopher K. Philippo

* * *

If my request is too broad or does not reasonably describe the records, please contact me via email so that I may clarify my request, and when appropriate inform me of the manner in which records are filed, retrieved or generated.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, 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,

Christopher Philippo

"The chancellor for the system administration of the University [is] responsible for insuring compliance with the regulations herein. For the purposes of central administration of the University, the vice chancellor & secretary of the University, System Administration Services, or designee, State University Plaza, Albany, NY 12246, [...], shall serve as records access officer."
"FOIL (Compliance with Freedom of Information Law)." http://www.suny.edu/sunypp/documents.cfm?doc_id=537

From: FOIL

Dear Mr. Philippo,

This is to acknowledge receipt of your FOIL request to the State University of New York.

We are in the process of reviewing your correspondence and will be back to you within 20 business days regarding our response.

Thank you.

Sincerely,

Casey Vattimo
SUNY Records Access Officer

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Jan. 14, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: FOIL

Dear Mr. Philippo:

I am writing I response to your January 14, 2014 FOIL request for "responses to the concerns raised" in two October 12, 2012 e-mails from you entitled "possible Clery Act violations: Sexual Offender Registry, Campus Security Authorities . . . . " I am denying your request on the basis that it is not a request for reasonably described records as required by section 89(3) of the Public Officers Law. You have not described with sufficient particularity the subject matter of the desired records, the purported custodian of such records or the purported author of such records.

Moreover, even if your request was reasonably described, it has the potential to implicate intra-agency communication which would be exempt from disclosure under section 87(2)(g) of the Public Officers Law.

Notwithstanding and without waiving such objections, I am providing you with links to the following University at Albany websites which reflect changes made subsequent to the receipt of the above-referenced e-mails:

Sexual Offender Registry

http://police.albany.edu/SOR2.shtml

Campus Security Authorities

http://police.albany.edu/CSA.shtml

Annual Security Report for Clery

http://police.albany.edu/ASR.shtml

Student Code of Conduct http://www.albany.edu/studentconduct/community_rights_and_responsibilities.php

If you would like to appeal this decision, you may submit a written appeal, within 30 days, to:

James J. Malatras

SUNY FOIL Appeals Officer
State University of New York

SUNY Plaza

Albany, NY 12246

Sincerely,

Casey Vattimo

SUNY Records Access Officer

From: Christopher Philippo

"Notwithstanding and without waiving such objections, I am providing you with links to the following University at Albany websites which reflect changes made subsequent to the receipt of the above-referenced e-mails:"

If nothing else, I appreciate the acknowledgement from SUNY that SUNY Albany's Sexual Offender Registry was updated after I brought the fact that the SUNY Albany Police had not properly maintained the registry in years to the attention of SUNY system administration. Otherwise the complaint of SUNY's compliance administrator Abbruzese-Werling that I was bringing non-compliance at SUNY Albany to her attention and her act of putting John H. Reilly and Janet Thayer at SUNY Albany (people involved with threats sent to me and my mother) in charge of investigating (among other things) themselves and the response of SUNY Deputy General Counsel Ellerman "I suggest no response" had not seemed promising or likely to lead to the Sexual Offender Registry being properly managed.

However, SUNY system administration can't necessarily take credit for responding to notification of SUNY Albany's many years-long gross mismanagement of the Sexual Offender Registry. Albany County Comptroller Michael Conners in his e-mail "RE: UAlbany PD's mismanaged Sexual Offender Registries & reporting crimes?" of November 28, 2012 at 5:57:47 PM to me, Albany County Sheriff Craig Apple, Albany County Crime Victim and Sexual Violence Center Supervising Crime Victim Caseworker Bernard Amador, and Albany County Crime Victims Unit Bureau Chief Tricia George had stated in part "I spoke with the Sheriff and he has spoken with the people at SUNYA and that probably did lead to the improvements you’ve noticed."

That was in response to my noting to him in part (quote follows):

I'd written to Sheriff Apple and Comptroller Conners before about the problematic lack of proper maintenance of the University at Albany Police Department's Sexual Offender Registries (including the fact that they'd had two different ones for years instead of one). There's some good news to report about that issue below (perhaps Sheriff Apple and Comptroller Conners had something to do with improving the situation), though unfortunately I don't think the matter is closed just yet. [...]

Regarding the University at Albany Police Department's Sexual Offender Registries: they finally deleted the older of their two outdated, erroneous Sexual Offender Registries sometime in late October 2012. It had evidently been online for four or five years, and I'd been reporting the problems for a month or so.

• 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

• 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

They deleted the incorrect tally from the first one above, the one dated 2009, but in spite of them making that edit to the page it's still dated 2009 ( line 374 of the html source code for the page is "<p>&copy; 2009 University at Albany</p>".) I still have to question whether everyone listed is really still at the university and whether there might be people who should have been added post-2009 who haven't been added.

What would be far better than a copyright date would be a date indicating when the page was last updated and last checked, and information indicating who was responsible for last updating and checking it. [end of quote]

My idea about including a date when the registry was last updated and checked and regarding who was responsible for last updating and checking it was not implemented. I still think it is a fairly sound idea given the many years-long history of the SUNY Albany Police of mismanaging the SUNY Albany Sexual Offender Registry despite all that they are paid to be responsible for such things and despite the Oaths of Office they are supposed to have sworn and filed to the NY and US Constitutions. Little or no cost or effort would be involved in adding such information to the registry.

"While six sexual assaults have been reported on the UAlbany campus since September, university police contacted Albany County District Attorney David Soares' office for only one - the alleged rape of a freshman woman by the three football players. In the five other cases, the victims declined to press charges. In the case involving the football players, the district attorney's office was called by a television station before receiving a call from the UAlbany police. […] Wiley said university police usually wait until after an arrest, and this was the first time in his 10 years at the school that they contacted prosecutors before an arrest. [...]
"Wiley said university police honor victims' choices.
"'I don't want you to think for a second that victims are dissuaded from all the options, because that's certainly not the case,' he said. 'It's not in anyone's interest to hide numbers, to hide incidents. And the reason for that is simply this: The damage to the credibility of the police department and the institution is far greater if that were to occur. We do not have a senior administration that has ever considered doing anything like that. I have never received any pressure to keep numbers down.' [...]
"After the forum, Wiley declined interview requests, saying he only conducts interview by e-mail. 'I've been misquoted in my time here. I have been the object of irresponsible, gotcha journalism,' he said. Wiley steered questions to his officers."
Crowley, Cathleen F. "Handling of rape case defended; UAlbany police chief says officers followed protocol in dealing with alleged assault." Albany Times Union. October 26, 2006: A1. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=6365244

"SUNY police chiefs serve at the pleasure of the campus president, thus are motivated to keep crime stats down by any means […] SUNY can no longer afford to staff, or overstaff, a body, or overstaff, a body which is subject to inefficiencies, manipulation, cronyism, ill motivation and mismanagement."
Peter Barry, VP & Legislative Director of NYS University Police Officers Union Local 1792 of the American Federation of State County & Municipal Employees AFSCME, Council 82 & AFL-CIO. (127-128). http://www.nysenate.gov/files/SUNY%20Testimony%20pt.%203.PDF

Mr. Wiley's name was put on a fraudulent "'cease and desist' order" (as SUNY Albany Clery Act Compliance Officer John Murphy claimed it to be) sent by Clarence L. McNeill to me and my mother, one of the acts of retaliation that followed my reporting sexual harassment and retaliation at SUNY Albany. Mr. Wiley did not see a fraudulent "'cease and desist' order" with his own name on it as a police matter. After I filed a FOIL request with SUNY Albany for, among other things, Mr. Wiley's Oath of Office, Clarence L. McNeill sent me another threat indicating that I must not communicate with anyone other than himself at SUNY Albany. Mr. McNeill cc'd that threat to Mr. Wiley, Mr. Murphy, Ms. Thayer, Mr. Reilly, Christine Bouchard, and the UAlbany President's e-mail account.

It's quite clear that SUNY Albany *does* dissuade victims from all the options (including by making written threats), and does actively work to hide numbers and incidents, and that Mr. Wiley is motivated, as Peter Barry testified of SUNY Police Chiefs in general "to keep crime stats down by any means."

I still require interim relief as a complainant with respect to my having reported, among other things, sexual harassment by (then) Visiting Assistant Professor Michael W. Barberich and quid pro quo sexual harassment by (then) Communication Department Chair Jeanette Altarriba and the retaliation I was subjected to by SUNY Albany for having reported it. The agreement between SUNY and the U.S. Department of Education's Office for Civil Rights http://www.ed.gov/news/press-releases/us-department-education-reaches-agreement-state-university-new-york-address-and- , if I am not mistaken, requires that relief. "the comprehensive resolution agreement commits SUNY and each of the 29 state-operated campuses, to initiate or continue the following actions: [...] Provide interim relief for the complainant, if needed. [...] 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." The demonstrably false police report that Michael W. Barberich filed after the self-proclaimed head of the SUNY-wide judicial administrators group Clarence L. McNeill tipped him off that I wanted to pursue the complaints against him, a police report that the SUNY Albany Police further falsified and filed (presumably in violation of N.Y. Penal Law) remains on file, as far as I know. The threats Clarence L. McNeill sent to me and to my mother have not been retracted. That's all quite problematic.

Thanks again for your acknowledgement. James J. Malatras may expect an appeal.

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."

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Jan. 14, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: FOIL

Mr. Philippo,

Your Jan. 14, 2014 FOIL request has been answered and the file is closed. If you would like to appeal this decision, you may submit a written appeal, within 30 days of my Feb. 11, 2014, response, to:

James J. Malatras
SUNY FOIL Appeals Officer
State University of New York
SUNY Plaza
Albany, NY 12246

Sincerely,
Casey Vattimo
SUNY Records Access Officer

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