State University of New York at Albany police dep't manual

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:

The police department manual for the State University of New York at Albany.

("Because each police department is independently operated, each employs their own manual of procedures; a manual of procedures is a standard feature in any institution by no more so than within a police department. Yet, SUNY police department --- SUNY --- yet some SUNY police departments do not have a manual of procedures. This means that a police office has little or no direction as to how the university wishes to address a specific problem, thus liability issues arise.”
James Lyman, Executive Director of Council 82 for the New York State Law Enforcement Officers Union. (113-114). http://www.nysenate.gov/files/SUNY%20testimony%20pt.%202.PDF
)

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

Thank you for sending along the recently-updated SUNY-wide Police Manual. I look forward to receiving the SUNY Albany Police Manual(s) as soon as possible with no more redactions than are legally necessary.

SUNY Police Manual 8th Ed. § 2.13 "Employees shall, in accordance with the policies and procedures of a Department, render all possible police service to any citizen seeking information or assistance."

It's nice to see that an observation I'd made about the long outdated SUNY Police Manual has been addressed in the 8th Edition.

* Use of department mailing address for private purposes

SUNY Police Manual. 6th Ed. February 2007 and 7th Ed. August 2009 §35.03 "Members and employees shall not use the department as a mailing address for private purposes. The department address shall not be used on motor vehicle registration or operator’s chauffeur license."

Christopher Philippo to R. Bruce McBride, John King, Nancy Zimpher, William Howard, and others, November 5, 2013 at 12:54:45 PM EST, e-mail excerpt:

"316 Date: 2007-06-20 19:27:26 Wendy Knoebel ( wknoebel@uamail.albany.edu / no homepage) wrote: Hi K-9 handlers and dog trainers, I am a big K-9 fan ever since we got our Belgian Malinois. I have a K-9 card collection and would love to add some of your K-9’s to my collection. I also have some doubles so if anyone of you collect or know someone who collects cards I’d be happy to trade. I also collect patches, stickers, hats, t-shirts and anything else having to do with K-9’s. I hope you can help me out, if not perhaps you can let me know who I can contact in your agency. Or pass this on to someone else. Please mail cards to: [...]
http://www.cpwda.com/mjguest/oldguest.html

Why was Wendy Knoebler [sic] (1) using her work e-mail address (it seems to be against the State University of New York Police Manual's §§35.03-35.04 http://www.suny.edu/sunypp/documents.cfm?doc_id=364 on not using the work address or telephone equipment for personal things; despite the 6th edition being dated February 2007, it doesn't mention e-mail, but logically the same policy would apply) and (2) why was she sharing her daughter's name and address with complete strangers in 2007, where it's remained online for about five years? [...]

Wendy Knoebel had been using her work e-mail address wknoebel@uamail.albany.edu to post to deviantart.com as well, with the username whendloveshorses http://whendloveshorses.deviantart.com trying to obtain permission [March 17, 2010] to reproduce a picture http://blackseagull.deviantart.com/journal/10-free-sketches-Closed-227472687 for the online game http://www.howrse.com Concern about artist's rights is good, but it would be interesting to know if she was posting from work...

(end e-mail excerpt)

SUNY University Police Manual. 8th Ed. April 2014 § 4.20 "Employees shall not use the Department or campus mailing address, telephone numbers, websites, social media sites, and/or electronic mail addresses for personal or private business related purposes."

The above update was quite overdue. If Ms. Knoebel's violations of the intention of, if not necessarily the black letter of, the earlier editions of the manual had been addressed at the time they occurred, then perhaps her family's major local marijuana growing operation and her firearms violations would have come to light earlier.

* SUNY Police Manual editions and ignorance of the law

It’s interesting that on November 19, 2012 SUNY Police Commissioner R. Bruce McBride noted the 6th Edition dated February 2007 to be the manual “currently in use.” SUNY Binghamton subsequently shared a copy of a 7th Edition dated August 2009; somehow SUNY Police Commissioner R. Bruce McBride seems to have been unaware of that edition.

Begin forwarded message:

From: "McBride, Bruce" <Bruce.McBride@suny.edu>
Subject: RE: SUNY University Police training concerns?
Date: November 19, 2012 at 11:20:59 AM EST
To: Christopher Philippo [...]

Good morning Mr. Philippo:

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

Bruce McBride
Commissioner for Police

From: Christopher Philippo [...]
Sent: Friday, November 16, 2012 4:55 PM
To: R. Bruce McBride; McBride, Bruce
Subject: SUNY University Police training concerns?
Importance: High

Dear Commissioner McBride:

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

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

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

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

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

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

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

It's hard to understand how they'd failed to receive training regarding the Personal Property Law, or to learn it on their own, or why they would have been given orders to participate in such an ill-conceived operation (two male officers hiding in a women's restroom, using a peephole in the women's restroom, etc.?). To single out several sections from the SUNY Police Manual (though there are others that appear relevant as well):
§ 10.11 "University police members will be responsible for their own standard of professional performance and will take every reasonable opportunity to enhance and improve their level of knowledge and competence.

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

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

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

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

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

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

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

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

How is it that Mr. Wiley had failed to be responsible, for so many years, for training Mr. Burlingame, Mr. Berger, and (one presumes since he's also named in the decision) Christopher T. Farina, and perhaps others?
I sincerely hope, given SUNY Police Manual § 1.21, that you'll share the same degree of concern I have and that you will be able to address the matters as they should be addressed.

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

Thank you for any help you can provide,

Sincerely,

Christopher K. Philippo

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

---

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

(end quoted e-mail)

University at Albany Police Department Interim Deputy Chief Paul M. Berger, why is it that Abdul-Wahhab v. The State of New York indicates you'd claimed ignorance of the Personal Property Law in your defense, when the 6th and 7th editions of the SUNY Police Manual § 15.09 state "Every member is required to establish and maintain a working knowledge of laws, local ordinances, the rules and policies of the university and the department, and orders of the department. In the event of improper action or breach of discipline, it will be presumed that the member was familiar with the law, rule or policy in question and will be subject to possible disciplinary action"?

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

* SUNY Public Safety/University Police Academy

Did you graduate from the "S.U.N.Y. Public Safety Academy" or the "S.U.N.Y. University Police Academy" in April 1989?

"He graduated from the S.U.N.Y. University Police Academy in April 1989 with highest academic honors" [emphasis added].
http://police.albany.edu/Member2.asp?LName=Berger&FName=Paul

SUNY didn't have full police in 1989; they had peace officers which then changed to full police officers in 1999 by act of NYS legislature. Your bio used to state:

"He graduated from the S.U.N.Y. Public Safety Academy in April 1989 with highest academic honors" [emphasis added].
http://web.archive.org/web/20000712215006/http://police.albany.edu/staff2.html

Your bio changed from "S.U.N.Y. Public Safety Academy" sometime between March 8, 2001 http://web.archive.org/web/20010308180829/http://police.albany.edu/staff2.html (where it still states "Public Safety Academy") and June 30, 2002 (where it states "S.U.N.Y. University Police Academy") http://web.archive.org/web/20020630134103/http://police.albany.edu/staff2.html

N.Y. EDUC. LAW § 224 (4) "No diploma or degree shall be conferred in this state except by a regularly organized institution of learning meeting all requirements of law and of the university, nor shall any person, with intent to deceive, falsely represent himself to have received any such degree or credential [...] Counterfeiting or falsely or without authority making or altering in a material respect any such credential issued under seal shall be a felony; any other violation of this section shall be a misdemeanor; and any person who aids or abets another, or advertises or offers himself to violate the provisions of this section, shall be liable to the same penalties."

* SUNY Albany Sexual Offender Registry

Why did the SUNY Albany Police fail to properly maintain their sexual offender registry for so many years?

• Sexual Offender Registry #1

"© 2009 University at Albany" http://police.albany.edu/SOR2.shtml

"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

The quite obviously erroneous tally was deleted after it had been online for presumably three years and after I'd been reporting it for over a month, but for some time remained dated 2009 (in light grey, lower left); line 374 of the html source code for the page is "<p>&copy; 2009 University at Albany</p>".

Eventually the year 2009 was updated on the page. The date at the bottom of the Sexual Offender Registry is no longer a static one that might be indicative of when it was last updated. The html code was changed to automatically set the year to the current year, apparently without regard to when the page was last updated:
<p>&copy;
<script type="text/javascript">
var d = new Date()
document.write(d.getFullYear())
</script> University at Albany</p>

That could create the impression that it was updated in 2014, when it may not actually be the case that it was so updated. Given how many years it had been out of date there's no compelling reason to have any confidence in the information on it now. A clear statement on the page indicating the exact date when it was last updated and by whom remains desirable.

• Sexual Offender Registry #2

No date (probably circa 2007-2008) http://police.albany.edu/2ColPage.asp?PageSName=SOR2 (URL now redirects to UPD's homepage).

"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

There should not have been two different separate, sexual offender registries online at the same time, both containing obviously erroneous tallies of the number of sexual offenders, both not having been properly updated in years.

From the above one can see that the University at Albany demonstrably had not been maintaining its sexual offender registry for many years, making the yearly representation by J. "Frank" Wiley and John M. Murphy to the federal government that the "University at Albany maintains" the registry somewhat problematic:

"At the University, our foremost concern is the safety and well-being of the students, faculty, staff and visitors. [...]
"Sincerely,
"J. Frank Wiley, Chief
"John M. Murphy, Clery Compliance Officer [...]
"The University at Albany maintains on the UPD website a listing of any registered sexual offenders reported to the University as being enrolled, attending or employed at the University."
Annual Security & Fire Safety Report For CY 2012 Higher Education Opportunity Act (Clery Act) http://police.albany.edu/ASR.pdf

"'We certainly comply with Clery to the letter,' said UAlbany Police Chief J. Frank Wiley. 'We will at times go beyond Clery, when the circumstances warrant.'"
Parry, "Crime and college; Off-campus incidents aren't always reported." Albany Times Union. May 11, 2008: A1. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=6550616

SUNY Albany Police often didn't even spell the name of the law correctly; giving the name of the law an extra letter that didn't belong doesn't inspire confidence that they would "comply with Clery to the letter":

left column "'Right to Know' Student Safety/Cleary Act"
http://web.archive.org/web/20020616132348/http://www.albany.edu/public_safety/whatsnew.html

left column "Cleary Act Crime Statistics" http://web.archive.org/web/20020616132142/http://www.albany.edu/public_safety/safety/index.html

The NYS Comptroller and U.S. Department of Education's Office for Civil Rights seem to have found that SUNY Albany has not always complied with the Clery Act to the letter.

"DiNapoli: SUNY Colleges Inconsistently Reporting Crime Statistics" http://www.osc.state.ny.us/press/releases/oct08/102208.htm

"Compliance with the Clery Act" http://osc.state.ny.us/audits/allaudits/093009/07s121.htm

"Compliance with the Clery Act (Follow-Up Report)" http://osc.state.ny.us/audits/allaudits/093010/09f46.htm

etc.

* Disappearance of Suzanne Lyall

"On Tuesday, February 9, 1999, University President Hitchcock officiated at the police officer swearing-in ceremony. Also present were Vice Presidents Kirchner and Doellefeld, and the New York State Director of University Police, R. Bruce McBride. Many officers brought their families to share in the celebration as their took their oath of office as police officers.
"This event, held at the Alumni House, also served as the Department's annual awards ceremony. Tim Brady received the award for 1998 Officer of the Year, and Investigator Wendy Knoebel received the Chief's Award for Excellence"
"What's New…" University at Albany, Department of Public Safety. http://web.archive.org/web/19990501211630/http://www.albany.edu/public_safety/whatsnew.html

Was why Wendy Knoebel given an award for excellence for her work in 1998, the year she failed to solve the disappearance of Suzanne Lyall?

The picture to the right of the "ONGOING INVESTIGATION Missing Person Suzanne Lyall" at http://web.archive.org/web/19991023053405/http://www.albany.edu/public_safety/ciu.html#lyall is of Investigator Wendy Knoebel holding what might be her 1998 Chief's Award for Excellence, flanked by Investigators Paul Berger and Garry Slyke.

The SUNY Albany Police Department's later webpage for the Lyall investigation was hard to find and didn't appear to have been maintained in years. From at least 2006 to 2012 it even had misspelled her name in the right sidebar as "Suzan Lyall" and the SUNY Albany Police failed to correct even that:

https://web.archive.org/web/20060901231522/http://police.albany.edu/2ColPage.asp?PageSName=SL

https://web.archive.org/web/20120225084942/http://police.albany.edu/2ColPage.asp?PageSName=SL

I think the page was deleted roughly around the same time that problems with the sexual offender registry I'd been reporting at the local, county, state, and federal level were finally being addressed. Is the failure on the part of the SUNY Albany Police to have a page for her or for Karen Wilson, another student whose disappearance has never been solved, likely to help solve their disappearances?

* Response to calls for assistance from the public

SUNY Police Manual 6th and 7th Ed. § 50.15 "Members of the department shall respond without delay to all calls for assistance from the public or other members. Emergency calls take precedence; however, all calls shall be answered as soon as possible consistent with normal safety precautions and vehicle laws. Failure to answer a call for assistance promptly, without justification, is misconduct"

I had reported visiting assistant professor of Communication Michael W. Barberich for academic dishonesty, faculty ethics violations, sexual harassment, and retaliation. Further retaliation ensued, including Michael W. Barberich filing a demonstrably false police report about me after President of the SUNY-wide judicial administrators group Clarence L. McNeill tipped Michael W. Barberich off that I'd reported him and that I was interested in pursuing charges. Clarence L. McNeill subsequently e-mailed me and my mother what Clery Act Compliance Officer John Murphy claims is a "cease and desist order" that "is legitimate, valid and enforceable by the University Police Department." That fraudulent cease and desist order indicated it had been cc'd to Michael W. Barberich, thereby indicating to me and my mother that my mother's home address had been provided to Michael W. Barberich - a man who'd filed a demonstrably false police report about me after he'd been tipped off that I'd reported his academic dishonesty, faculty ethics violations, sexual harassment, and retaliation. John M. Murphy claims that it was not really sent to Mr. Barberich: "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.'" Whether it was or wasn't sent remains an open question given the number of demonstrably false statements by both Mr. McNeill and Mr. Murphy; sharing all of them here would not be practical.

"The Director [of the Office of Conflict Resolution and Civic Responsibility Clarence L. McNeill] noted that in theory, if a complaint of sexual harassment, including sexual assault, came to his office first, he would conduct the investigation. He noted, however, that in his six years as Director, he has never received such a complaint first; instead, these are usually referred by the University Police Department."
http://www2.ed.gov/documents/press-releases/suny-new-york-letter.doc

I'd reported sexual harassment to Clarence L. McNeill prior to contacting the University Police Department, yet according to the above letter Clarence L. McNeill informed the United States Department of Education's Office for Civil Rights that nobody had ever done so in six years.

Clarence L. McNeill had previously deceived Jeanette Altarriba, writing in his 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]". Jeanette Altarriba wrote 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.” Clarence L. McNeill wrote Jeanette Altarriba, December 7, 2011 9:26 AM e-mail subject “Cease & Desist” - changing 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. I was never sent a "'cease and desist' order" by Clarence L. McNeill on December 6, 2011 as he has claimed to me, my mother, and others. I have my doubts as to whether he can legally issue cease and desist orders at all.

As Albany County Sheriff's Office Senior Investigator Shaun Spring, Jr. stated, to me UAlbany's response to me reporting Barberich seems to have to do with Barberich's wife being Therese Assalian, a woman who doesn't think that threatening to have a whistleblower at a public school murdered by a hit man should be a firing offense:

"Albany Donna Bottari was so steamed that a fellow Saratoga Springs school bus driver reported her erratic driving in May 2002 that she told a co-worker she was going to arrange a 'hit' on him, according to a court decision released Thursday. Not a good idea. Following a two-year court battle, the Appellate Division of state Supreme Court ruled Thursday that Bottari must be fired. The 4-0 decision reversed a move by Saratoga County Supreme Court Justice Thomas D. Nolan Jr. to reinstate Bottari last summer. […] ‘We’re disappointed with the decision,’ said Therese Assalian [Mrs. Michael W. Barberich], a spokeswoman with the Civil Service Employees Association. ‘We agree with the lower court, and we’re considering our options.‘ That might include taking the case to the Court of Appeals, she said’" (emphasis added)
Bolton, Michael Morgon. "Bus Driver Firing Upheld" Albany Times Union. January 30, 2004: B4. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=6274649

"In May 2002, petitioner, a school bus driver employed by respondent Saratoga Springs City School District, was reported by another driver, Brian Winne, for driving her own bus erratically. A few days later, petitioner confronted Winne and verbally berated him. Petitioner also told another coworker that she was going to 'get a hit out on [Winne]' because he filed the report against her. [...] petitioner had erratically operated a school bus, had used threatening and obscene language against Winne and had threatened to 'get a hit man to take Winne out.' […] petitioner's poor judgment and lack of remorse, the disturbing nature of her comments" (emphasis added).
In the Matter of Bottari v. Saratoga Springs City School District, 3 AD 3d 832 - NY: Appellate Div., 3rd Dept. 2004. http://scholar.google.com/scholar_case?case=1343002799337654656

Mr. Spring stated that case "probably governs the reaction that the campus took with respect to you". I believe he's right.

On July 26, 2012 2:24 AM, after I'd learned about Michael W. Barberich's false police report, after "Chief" J. "Frank" Wiley indicated he didn't think a fraudulent cease and desist with his own name on it was a police matter, etc. I'd contacted you, Thomas J. Kilcullen, Paul M. Berger, Aran C. Mull, Jennifer L. Fila, WIlliam Yankowsku, Thomas Gebhardt, and others for assistance. Not one member of the SUNY Albany Police responded.

"the safety of our students and the security of our campuses is our top priority" — Governor Andrew Cuomo.
Press Releases. September 13, 2012. http://www.governor.ny.gov/press/091412stmtsunythreats

Is that even remotely true at SUNY Albany?

"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."

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 27, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 27, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

Mr. Berger, some assurance from Dr. Robert J. Jones that the SUNY Albany Police Manual exists and will be provided ASAP may be needed here.

Dr. Jones, as you presumably know, "has the authority and responsibility for the overall operation and security of the campus." His word, therefore, should carry some weight.

Your word is somewhat lacking in reliability. You had claimed to be ignorant of the law in your own defense in Abdul-Wahhab v. The State of New York, # 2012-032-004, Claim No. 116205 http://vertumnus.courts.state.ny.us/claims/html/2012-032-004.html which was a claim in apparent violation of SUNY Police Manual 6th Ed. February 2007 and 7th Ed. August 2009 §15.09 "Every member is required to establish and maintain a working knowledge of laws, local ordinances, the rules and policies of the university and the department, and orders of the department. In the event of improper action or breach of discipline, it will be presumed that the member was familiar with the law, rule or policy in question and will be subject to possible disciplinary action." Your testimony for the court thus apparently also violated your Oath of Office, and furthermore you failed to tell the court the whole truth by failing to disclose that by the SUNY Police Manual you were to have been presumed knowledgeable of the law of which you claimed ignorance.

For the purpose of your getting off, it was perhaps lucky for you (but not the People of the State of New York) that the judge was someone Chuck Schumer had thought should not be appointed due to her "lack of courtroom and prosecutorial experience", a judge who thought that male officers who hid in a women's restroom and used a peephole in the women's restroom to spy on a decoy bag, then arrested a young woman in her shorts, sandals, and a t-shirt outside after a major area blizzard, and who refused her a ride home at 1AM and then who claimed ignorance of the law in their defense made "a tactical decision, made with reasoned judgment". Nothing about what was done by the UAlbany Police in that case appears to have exhibited "reasoned judgment."

"After a failed bid to get her an appointment as U.S. attorney, Gov. George Pataki on Tuesday nominated Judith A. Hard as a Court of Claims judge.
"Hard, whose nomination for U.S. attorney for the Northern District was blocked by Democratic U.S. Sen. Charles Schumer for lack of courtroom and prosecutorial experience, still requires confirmation by the state Senate."
Odato, James M. "Pataki picks attorney for court of claims post." Albany Times Union. June 12, 2002: B2. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=6177652

Schumer unfortunately ultimately changed his mind about opposing her appointment, though he was not exactly enthusiastic:

"'Prosecutorial experience is very important,' Schumer said Thursday, referring to her lack of it. 'But maybe she is so good at everything else she won't need it.'"
"Schumer might be warming to Pataki's pick for prosecutor." Albany Times Union. February 22, 2002: B3. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=6159770

(Maybe she's not so good at everything else, as the absurd decision that officers who claimed ignorance of the law had exercised reasoned judgment demonstrates fairly conclusively. It would have been better if George Pataki had given up his inexplicable efforts to appoint her.)

It was perhaps lucky for you (but not the People of the State of New York) that your victim's lawyer had previously worked at UAlbany, donated his personal papers to UAlbany, had lost at least two other cases for young women against the UAlbany Police, failed to document in the case that there had been a major blizzard on December 13, 2007 (easy enough to document in no time at all:

Ilnytzky, Ula. "Storm slows travel across state." Albany Times Union. December 14, 2007: A3. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=6433727

"The storm that dumped up to 8 inches of snow on the Capital Region before blowing through at around 8:30 p.m."
Stanforth, Lauren. "More winter on the way Meteorologists say season's first snowstorm will be trumped by one expected to arrive this weekend." Albany Times Union. December 14, 2007: A1. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=6433747

Huber, Mark. "Snow shoots down safety mission." Albany Times Union. December 14, 2007. http://blog.timesunion.com/localpolitics/919/snow-shoots-down-safety-session/ ) thus leaving his client's testimony unsupported on a rather significant point "According to claimant, it was cold and snowy outside. She was dressed in a T-shirt, basketball shorts, socks and Adidas sandals. She did not have an overcoat with her" and that the victim's lawyer did not make use of any of the documents that he thanked me in writing for providing him in February and May 2012 prior to the June 18, 2012 decision in that case - including a false police report filed by Paul Burlingame (named in the case) and the fraudulent cease and desist order sent by Clarence L. McNeill (named in the case) and allegedly cc'd to Mr. J. "Frank" Wiley, who if he were chief would have been responsible for disciplining all the officers involved in the Abdul-Wahhab case (as well as having been "responsible for officer training and documentation of such training" as §5.10 of the SUNY Police Manual has stated). The testimony you and Lt. Burlingame provided that you were ignorant of the law would seemingly constitute sworn testimony that Mr. Wiley was not responsible for your training and failed to document your training (not surprising given that when he was appointed directly to chief he'd never so much as been an officer in New York, and his credentials were otherwise lacking). Mr. Wiley's word, for that and many other reasons, is utterly worthless.

J. "Frank" Wiley, May 19, 2012 5:16 AM, subject "Re: OK, so the December 9, 2011 cease and desist order I was sent is fake...?":
"Sir. Given the nature of your concerns i [sic] suggest you contact the office of Student Rights And Responsibilities. This [sic] office is the more appropriate outlet for your concerns. I will forward your concerns to that office. With respect to your desire to submit corrects [sic] i [sic] will forward your communication to the appropriate person who will contact you. Chief [sic] Wiley"

There is no "office of Student Rights And Responsibilities". Police seem the most appropriate outlet for a fraudulent cease and desist order with J. "Frank" Wiley's name on it, an order he, Jeremy Clapper, and Benjamin Nagy had not provided in response to a FOIL request denied the police had in response to a FOIL request, a request they all claimed to have fulfilled.

J. "Frank" Wiley, May 18, 2012 9:34 PM, subject "Re:": "Sir. Your FOIA [sic] request was satisfied on 050412. All your questions were answered in the response. Chief [sic] Wiley"

As for Mr. Wiley's promise that he would have someone contact me about correcting the false police reports that were filed, he lied about that.

Why is it that misconduct, abuse of authority, and biased policing are so acceptable to the UAlbany Police? Dr. Jones, having "authority and responsibility for the overall operation and security of the campus" might consider answering that.

Thanks. I was not sure if the manual would be provided at all, much less given ahead of the estimated date. The three other SUNY university centers have yet to provide their manuals.

Page 251, Sex Offender Registry, General Order Number 29.6.1, effective date March 22, 2011, under Notification, number 2: "The University at Albany Police Department will maintain a website listing of any registered sexual offenders reported to the University as being enrolled, attending or employed at the University. This website is located at the following URL: http://police.albany.edu/SOR2.shtml

At the time that policy was adopted and a badly-pixellated image of J. "Frank" Wiley's signature added to it, UAlbany had two different, separate sexual offender registries, neither of which was being kept in good condition. The policy doesn't indicate who is responsible for maintaining the registry, how often it is to be checked, etc.

• 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.

After I had been reporting the above at the local, county, state, and federal level for some time UPD deleted the incorrect tally from the first one above, the one dated 2009, but in spite of UPD making that edit to the page it was still dated 2009 ( line 374 of the html source code for the page is "<p>&copy; 2009 University at Albany</p>".) Eventually that was also corrected - though replaced with code "document.write(d.getFullYear())" which automatically causes the current year to appear, which might create the false impression that the page was actually updated in the current year. Otherwise there's no indication of when the registry was last updated, by whom it was updated, or who at UPD could be contacted regarding it.

UAlbany's annual Clery Act report for 2011 and 2012 stated:

"The University at Albany maintains on the UPD website a listing of any registered sexual offenders reported to the University as being enrolled, attending or employed at the University."
https://web.archive.org/web/20130217082407/http://police.albany.edu/ASR.pdf
http://police.albany.edu/ASR.pdf

J. "Frank" Wiley and Clery Compliance Officer John M. Murphy both put their names on those reports even though it wasn't true that the registry was being kept in order.

UAlbany has a certain history of non-compliance, e.g.:

"Three colleges lacked 10 or more of the required security and procedure statements: [...] Albany (10 statements)"
"Four colleges (Albany, Stony Brook, Maritime and Environmental Science and Forestry) did not designate campus security authorities."
"Three colleges (Albany, Buffalo State and Binghamton) did not publish the ASR as a complete document."
"Campuses that did not report crime statistics properly with respect to geographic locations and/or whether the crime occurred in an academic setting or residential facility: [...] University at Albany"
Compliance with the Clery Act Report 2007-S-121
http://osc.state.ny.us/audits/allaudits/093009/07s121.pdf

Mr. Wiley and Mr. Murphy have never acknowledged or explained UAlbany's history of noncompliance. To think that things will improve with such people in charge would be wishful thinking at best.

"'We certainly comply with Clery to the letter,' said UAlbany Police Chief J. Frank Wiley. 'We will at times go beyond Clery, when the circumstances warrant.'"
Parry, "Crime and college; Off-campus incidents aren't always reported." Albany Times Union. May 11, 2008: A1. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=6550616

The warning on the Operational Manual is rather disconcerting: "WARNING ['WARNING' is in red]: These directives are for departmental use only and do not apply in any other criminal or civil proceeding. Department policy should not be construed as a creation of a higher legal standard of safety or care in an evidentiary sense with respect to third-party claims. Violations of a directive will only form the basis for administrative action." No name is attached to that dodgy-sounding legal disclaimer, leaving one to suppose UAlbany's Office of General Counsel http://www.albany.edu/general-counsel/contact-us.php was involved without it being clear whether they really were or not. The author or authors of the manuals don't appear to be identified, for that matter.

The Senior Counsel of UAlbany's Office of General Counsel, John H. Reilly, and Associate Counsel Janet Thayer are rather peculiar. When President of the SUNY-wide judicial administrators group Clarence L. McNeill e-mailed a threat dated August 3, 2012 4:19 PM, he cc'd Mr. Reilly and Ms. Thayer (and Vice President for Student Success Christine Bouchard, Clery Act Compliance Officer John M. Murphy, J. "Frank" Wiley, and UAlbany's President's account. None of them seem to have taken issue with the threats or false statements made by Mr. McNeill that he cc'd to them. Mr. Reilly seems to turn a blind eye to a number of things.

Begin forwarded message (this and others below have some formatting changes and e-mails redacted):

From: "Christopher K. Philippo"
Subject: Re: US FOIA/NY FOIL/NY PPPL Request: Violation of Academic Integrity Report and related concerns
Date: June 4, 2012 at 10:33:57 AM EDT
To: "Taylor, Lisa A", "Reilly, John H"
Cc: "Robert J. Freeman"

Thank you for letting me know. While I'm curious as to why you cc'd UA Senior Counsel John H. Reilly (I have kept him on in my reply) and you keep neglecting to include Mr. Freeman, Executive Director of the NYS Department of State Committee on Open Government which deals with FOIL/PPPL (who I'd cc'd) in your replies, I know that I will not receive any further communication from you until you have all the information you need, as you have stated. I look forward to hearing from you at that time.

Every single one of my other professors at UA, I'm pleased to say, provided me with all of my grades prior to the end of their courses (which was true of my professors at other schools as well). UA also does deserve credit for having some very good and exceptional professors, ones whose courses I was very grateful to have taken. There were others who were just OK, and I'd expect that to be the case at any university. The remainder: well… those I have a bit of trouble understanding, I must say.

Sincerely,

Christopher K. Philippo

On Jun 4, 2012, at 10:08 AM, Taylor, Lisa A wrote:

Mr. Phillippo,

I have provided a final response date for this request and now need the time to research and find any responsive documents. Once I have a response I will communicate that to you. This will be handled as all FOIL requests sent to this office are handled and I will not be sending any additional communications until I have the information needed to respond.

From: Christopher K. Philippo
Sent: Monday, June 04, 2012 9:42 AM
To: Taylor, Lisa A
Cc: Robert J. Freedman
Subject: Re: US FOIA/NY FOIL/NY PPPL Request: Violation of Academic Integrity Report and related concerns
Importance: High

On Jun 4, 2012, at 9:15 AM, Taylor, Lisa A wrote:

This email acknowledges receipt of your second FOIL request today. You may expect a final response on this request by July 2, 2012.

Thank you. This one should hopefully be easier to respond to, given the specificity of the requests.

Might it be possible to respond to each as they become available, rather than waiting until they are all available?

My grades, for example. I should have received the grade for the Information Literacy Project Part 1 ideally in November 2011, but no later than December of 2011 (i.e. the month in which the course concluded). Mr. McNeill had twice promised my mother and me that he would e-mail them on behalf of the professor in December 2011, but he never did. I requested them of Assistant Dean Brian E. Gabriel on May 18, 2012.

It is now June 2012, and I'm being told that I may not receive all of my grades from within a Fall 2011 class until July 2012? If the University at Albany considers that to be "sufficient promptness" and "a timely way," perhaps those phrases should be updated on the website and printed materials to indicate that students may not receive all of their grades for a course until about seven months after it ends?

Thank you for any help you can provide,

Christopher K. Philippo

[end e-mail]

Begin forwarded message:

From: "Christopher K. Philippo"
Subject: Incident #: 23944-11 T/F police report?; December 9, 2011 C&D order: UPD enforcing/not enforcing?
Date: July 19, 2012 at 11:41:50 AM EDT
To: John H Reilly

Dear University at Albany Senior Counsel John Reilly,

As the University at Albany Senior Counsel, would you say University Police Department Incident #: 23944-11 Date: 12/06/2011 Time:1310 is not a false police report? Or as the University at Albany Senior Counsel, would you say University Police Department Incident #: 23944-11 Date: 12/06/2011 Time:1310 is a false police report?

As the University at Albany Senior Counsel, would you say University at Albany judicial administrator Clarence McNeill's December 6, 2011 9:51 AM e-mail with the subject line "Good Morning" is a cease and desist order? The time and subject line of the e-mail must be added to the December 9, 2011 cease and desist order; the time and subject line do not appear on the December 9, 2011 cease and desist order.

As the University at Albany Senior Counsel, would you say Clarence McNeill's December 9, 2011 12:44 PM e-mail, cc'd to my mother, with the subject line "RE: retaliation?" and/or its attachment ChrisPhilippo.doc , is/are "legitimate, valid and enforceable by the University Police Department" as stated by Clery Act Compliance Officer John M. Murphy in his July 3, 2012 3:43 PM e-mail with the subject line "C&D Order"?

As the University at Albany Senior Counsel, could you tell me why Clery Act Compliance Officer John M. Murphy claimed to me in his July 3, 2012 e-mail that "There is no indication of a copy being sent to your mother"?

Christine Bouchard assigned Mr. Murphy the job of answering my questions, but the above answer of his would appear to indicate he'd never looked at the header of the December 9, 2011 12:44 PM e-mail, where my mother's e-mail address appears in the "Cc:" line.

As the University at Albany Senior Counsel, could you tell me if UPD and/or Chief WIley in fact received one or two cease and desist orders pertaining to me in December 2011?

As the University at Albany Senior Counsel, could you tell me if UPD and/or Chief WIley in fact filed one or two cease and desist orders pertaining to me in December 2011?

As the University at Albany Senior Counsel, could you tell me if UPD and/or Chief WIley are in fact enforcing one or two cease and desist orders pertaining to me?

As the University at Albany Senior Counsel, could you tell me why UPD and/or Chief WIley did not contact me in December 2011?

As the University at Albany Senior Counsel, could you tell me why Officers Clapper, Officer Nagy, and Chief Wiley told me that UPD had complied fully with my Freedom of Information Law/Freedom of Information Law/Personal Privacy Protection Law request when they had not sent me:

• the December 6, 2011 9:51 AM e-mail that is supposedly a cease and desist order

• the December 7, 2011 e-mail by which Mr. Murphy alleges Mr. McNeill claims to have forwarded to UPD the December 6, 2011 9:51 AM e-mail that is supposedly a cease and desist order

• an incident report relating to the December 6, 2011 e-mail and/or the December 7, 2011 e-mail

• an incident report relating to the alleged violation of the December 6, 2011 9:51 AM e-mail that is supposedly a cease and desist order

• the December 9, 2011 12:44 PM e-mail

• the December 9, 2011 cease and desist order

• an incident report relating to the December 9, 2011 e-mail and/or cease and desist order?

I note that you have worked together with Clery Act Compliance Officer Murphy and Chief Wiley:

"The investigation was run by university counsel John Reilly and associate vice president for student success John Murphy, who interviewed women's lacrosse head coach Lindsey Hart and assorted players. University police chief Frank Wiley assisted the inquiry."
Singelais, Mark. "School says no hazing at party but UAlbany investigation did find alcohol use." Albany Times-Union. June 22, 2006. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=6405287

Despite them reporting to Ms. Bouchard and not you, and despite your having been a colleague of theirs for a number of years, perhaps even a friend, being that you are the University at Albany Senior Counsel, and that Ms. Bouchard is not answering my questions, would you please answer my questions?

Christopher K. Philippo
Glenmont, New York

---

"For those who stay curious, there are always new frontiers." — Jello Biafra

[end e-mail]

Begin forwarded message:

From: Christopher Philippo
Subject: possible Clery Act violations: Sexual Offender Registry, Campus Security Authorities, &c.
Date: October 12, 2012 2:59:09 PM EDT
To: Nedra Abbruzzese-Werling
Cc: AD3COPS, crimetip[at]troopers.ny.gov

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

[end e-mail]

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: AD3COPS, "crimetip@troopers.ny.gov"

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(Ashley Dahlen) - 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.

Ashley Dahlen

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

[end e-mail]

Begin forwarded message:

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

[end e-mail]

Mr. Berger, you had written: "Attached are the policy manuals and other documents relevant to your FOI request."

Annex F and Annex G of the Administrative and Personnel Manual don't appear to have been included. Was that an oversight or a denial, or...?

As former Assistant Chief of Police, possibly you should have brought to someone's attention the need to update General Order Number 21.2.6, subject "Assistant Chief of Police," dated September 30, 2009, item 16, page 152: "Coordinates the scheduling and assignments of sworn and non-sworn personnel who work the New York Giants Summer Training Camp" since that camp no longer exists at the UAlbany.

Wilkin, Tim. “Giants take a pass on keeping camp in Albany; NFL franchise decides to move preseason training to its facility in New Jersey after 16 years at UAlbany.” Albany Times Union. January 4, 2013. http://www.timesunion.com/sports/article/Giants-take-a-pass-on-keeping-camp-in-Albany-4167956.php

That Times Union, as per usual, failed to mention its publisher is the President of the Board of Directors of the UAlbany Foundation, or the role the Times Union has played in the Giants training camp at UAlbany, e.g.

"The Times Union will pay $158,000 to the University at Albany for maintenance and security for the 1997 training camp […] the Giants training camp fell short of economic expectations […] local business owners, who had hoped out-of-town Giants fans would spend money by eating, shopping and drinking locally, said last summer that business was much slower than expected. Many also said fans didn't come from great distances to watch the team practice. […] Because the Times Union covers the University at Albany, its sports programs and the Giants summer camp, there's a possibility for conflict of interest […] "We simply talk about this a lot and do our darndest to prevent it" […] University at Albany President Dr. Karen Hitchcock said no university money will be used to offset the costs to have the Giants train at the university.”
Bryce, Jill. "Giants camp gets new backers." Daily Gazette [Schenectady, NY]. July 19, 1997: B6.

General Order Number 21.2.6, subject "Assistant Chief of Police," like many (though not all) others, has “<date>” under “Revision Date.” “N/A” or “CURRENT” or something along those lines would make more sense to use if it is an order which has not yet been revised.

Was it things like failing to see that the Administrative and Personnel Manual was properly updated; your failure to respond to a call for help from the public on July 26, 2012; your testimony in the Abdul-Wahhab v. The State of New York case, June 18, 2012, http://vertumnus.courts.state.ny.us/claims/html/2012-032-004.html that you were ignorant of the law and you had had been aware of the operation that stationed two male officers in a women’s restroom where they used a peephole in the women’s restroom to spy on a decoy bag they were using to entrap students, the case where you failed to mention the relevant portions of the SUNY Police Manual concerning training and ignorance; the failure of UPD to properly comply with the Clery Act; the failure of UPD to properly maintain its sexual offender registry, etc. that led to your promotion to Interim Deputy Chief then Deputy Chief of Police - Administration? That’s not a rhetorical question.

Administrative and Personnel Manual, page 7: “All of our efforts are focused on supporting the educational process. We should consider ourselves as educators each time we interact with a student, whether they are in the role of victim, suspect, witness or simply someone seeking information.”

General Order Number 8.2.1, subject "UCR, Clery Act, and Other Required Reports" under "Policy" has "Cleary Act requirements." The UAlbany Police don’t just have a long history of failure to comply with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, but a long history of failures to even spell the act’s name correctly.

"Clery Act" misspelled as "Cleary Act" from at least 2002-2003 (with indications it went back to 2000):

http://web.archive.org/web/20020110104335/http://www.albany.edu/public_safety/safety/cleary1.html
http://web.archive.org/web/20031015194706/http://www.albany.edu/public_safety/safety/cleary1.html
http://web.archive.org/web/20020611183147/http://www.albany.edu/public_safety/
http://web.archive.org/web/20031212201649/http://www.albany.edu/public_safety/

I note that General Order Number 8.7.1, subject "Preparation of Reports and Records Management" states "Reports are to be free of grammatical and spelling errors, and all required information shall be included." General Order Number 42.0.0, subject "Criminal Investigations Unit" states "Spelling, clarity, and completeness shall also be checked." One would think that manuals that direct that certain police documents are to be free of grammatical and spelling errors ought themselves to be free of grammatical and spelling errors. Ex-athlete, ex-coach, football fan J. "Frank" Wiley should perhaps be checking such things before he permits a badly-pixellated image of his signature to be pasted onto general orders. He is paid rather a lot, after all. If he won’t, for example, report a gang rape by UAlbany football players to the Albany County District Attorney’s Office ASAP to strengthen the case for the prosecution and provide better victim's services, the very least he could do is learn how to spell "Clery."

J. Frank Wiley
Salary: $128,825
http://new-york-employees.findthebest.com/l/2289364/J-Frank-Wiley

I would have gotten flak at some of my minimum wage jobs for such an error.

If you need a reminder of who the act is named after and why UPD should spell it correctly and also stop submitting false Clery Act reports as UPD has so often done:

"Jeanne Ann Clery, 19, was found dead in her third-floor dorm, murdered by a fellow student. She had been raped, sodomized, beaten, bitten, strangled with a metal coil and mutilated with a broken bottle during the attack. […]
"There was no mystery about who Jeanne Ann Clery's killer was. Josoph M. Henry, then 20, had boasted to friends about the murder and had some of the girl's property in his possession when the police came for him. Nor was there any mystery about how Henry, who lived off campus, managed to enter the girl's Stoughton Hall dorm. Three doors, each equipped with automatic locks, had been propped open with empty pizza boxes for the convenience of the resident students. They were equally convenient for Henry, who had been on an all-night drinking binge after losing a close student election”
Gross, Ken and Andrea Fine. "After Their Daughter Is Murdered at College, Her Grieving Parents Mount a Crusade for Campus Safety." People 33(7). February 19, 1990. http://www.people.com/people/archive/article/0,,20116872,00.html

Nobody is immune from making spelling errors from time to time, but getting that young woman's surname right more often (if not always) might be the very, very least UPD can do. Aside from that, since presumably every member of the department is supposed to read the manual, at least one of its over sixty members (or R. Bruce McBride, Commissioner of New York State University Police or his predecessor or others in that office) should have caught the error and reported it by now, particularly since the effective date on it is December 1, 2010 - going on four years ago.

General Order 41.3.8, subject “Network and Records Management System Procedures” has a heading which reads “Use of Mobil Data Terminals (MDT)” on page 42 of the Operational Manual; that should probably read “Use of Mobile Data Terminals (MDT)” unless Exxon Mobil has such a terminal on campus. Granted, such a spelling error pales in comparison with UPD’s failure to properly maintain its sexual offender registry for so many years while submitting false Clery Act reports claiming it was being maintained. Still, details like spelling can be important - and UPD has proven to be rather poor with details.

"There are currently three (4) [sic] registered sex offenders enrolled or working at the University. The following Information has been released:” - which was followed by a list of six (6) offenders. Accessed: October 19, 2012 Archived by WebCite® at http://www.webcitation.org/6BXAjbUOP

"Attorney Eugene Grenz cast Liangdong Yi's arrest as case of post-Virginia Tech paranoia. City Court Judge Rachel L. Kretser, however, saw it more simply: University Police were incomplete in filling out the arrest documents."
Carleo-Evangelist, Jordan. "Police mistake leads to dismissal; Ex-student faces possible deportation to China after judge finds threat case is tainted." Albany Times Union. March 14, 2008: D1. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=6541186

One of the more puzzling inclusions in the manual is General Order 41.3.11, subject “Body Worn Camera.” It has “DRAFT” written across it in large letters, and the “EFFECTIVE DATE” and “REVISION DATE” are both blank. In spite of it evidently being an undated draft policy, the ubiquitous badly-pixellated image of ex-coach, ex-athlete, football fan J. “Frank” WIley’s name has been pasted onto it. Is it UPD’s or UAlbany’s policy to essentially rubberstamp things with Mr. WIley’s name? That’s not a rhetorical question.

If it is UPD’s or UAlbany’s policy to essentially rubberstamp things with Mr. WIley’s name, it might help explain why Mr. Wiley himself was so unconcerned with his name appearing on, among other things, a threat sent by Clarence L. McNeill to my mother and me.

Mr. Berger, in Abdul-Wahhab, one finds UPD officers claimed to be ignorant of the law.

"Although [Paul Burlingame] was extensively trained in the Penal Law, he never received any training in the Personal Property Law [...] Paul Berger testified that he has been the Assistant Chief of the UPD since 2002. He is the night commander for the afternoon and overnight shifts. He was aware of the decoy bag operation. He was not aware of the provisions of the Personal Property law prior to the use of the decoy bag on December 13, 2007."
http://vertumnus.courts.state.ny.us/claims/html/2012-032-004.html

Presumably Christopher Farina also made the same claim to be ignorant of the law, though inexcusably the decision doesn't indicate.

Though officers are responsible for their own training, the chief is also responsible for officers' training.

SUNY Police Manual 6th Edition February 2007 §15.09 "Every member is required to establish and maintain a working knowledge of laws, local ordinances, the rules and policies of the university and the department, and orders of the department. In the event of improper action or breach of discipline, it will be presumed that the member was familiar with the law, rule or policy in question and will be subject to possible disciplinary action."

SUNY Police Manual 6th Edition February 2007 §5.10 states in part, "The chief is also responsible for officer training and documentation of such training."

The testimony of you and Mr. Burlingame amounted to testimony that "Chief" J. "Frank" Wiley was not responsible for your training or documentation of your training. Mr. Wiley did not have you charged with perjury or libel, seemingly taking the position that your testimony was truthful (even though you did fail to tell the whole truth by failing to inform the judge of §15.09 and that you should have been presumed to be familiar with the law despite your claim of ignorance).

One is left, seemingly, with "Chief" J. "Frank" Wiley either being a "Chief" who failed to be responsible for the proper training of his officers, or a "Chief" who was responsible for the proper training of his officers but who permits his officers to effectively claim to a court that he was not responsible for the proper training of his officers. He would seem to be incompetent and/or corrupt in either instance; there might be other possibilities, but I fail to see what they might be.

General Order 52.1.1: "The Chief of Police should also review department policy and determine if department training is meeting the present standards. [...] The final authority and responsibility regarding the result of an investigation and any resulting actions rests with the Chief of Police. [...] Upon adjudication, the chief of police holds the final authority and responsibility for the determination of disciplinary action in accordance with the authority of his position. [...] The responsibility for the investigation of all complaints against an employee lies with the Chief of Police. It will be his discretion whether to coordinate with the accused employee’s supervisor concerning the investigation of any complaint. He will notify and coordinate with the district attorney’s office in the investigation of any alleged criminal conduct." Mr. Wiley's own men testified that department training isn't meeting standards, meaning that Mr. Wiley failed to be responsible for their training, yet Mr. Wiley (to the extent he can be considered Chief) is supposed to be in charge of reviewing and disciplining himself? Mr. Wiley permitted a badly-pixellated image of his signature to be pasted in approval on the very policy that he's in charge of reviewing and disciplining himself?

Can there be any doubt about the testimony given to a Senate committee regarding the corruption of SUNY Police Chiefs?

"there are police chiefs in SUNY who are not mandating policer [sic] officers, certified, whatever. We have police chiefs that refuse to voluntarily give up their fingerprints"
James Lyman, Executive Director of Council 82 for the New York State Law Enforcement Officers Union. (108). http://www.nysenate.gov/files/SUNY%20testimony%20pt.%202.PDF

"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

When I submitted a FOIL request to UAlbany for Mr. Wiley's Oath of Office, UAlbany's Records Access Officer failed to comply with the law - I was never sent an acknowledgement of the request, or a fulfillment of it, or a denial. Instead, President of the SUNY-wide judicial administrators group Clarence L. McNeill sent me a threat which he cc'd to Mr. Wiley, evidently under the impression that Mr. Wiley would want to know that I'd been threatened subsequent to my having requested Mr. Wiley's Oath of Office.

When I refiled the request with the NYS Department of State, they didn't respond with a threat. They indicated they had no Oath of Office for Mr. Wiley for 1996 (the year he was appointed) or 1999 (the year SUNY Peace Officers became Police). It's difficult to see why Mr. Wiley should not have legally vacated his office back in 1996 under N.Y. PUB. OFF. LAW § 30 (1) (h) and the legal precedent in People ex rel. Walton v. Hicks (173 App. Div. 338, affd. 221 N.Y. 503), at 341 which states of the New York Public Officers Law:

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

N.Y. EDUC. LAW § 3002 would seemingly require an Oath of Office from Mr. Wiley in order for him to be an instructor.

"Chief J. Frank Wiley has taught the undergraduate course 'Law and African America' here at the University at Albany since 1998." http://www.albany.edu/studentsuccess/assessment/docs/Divisional%20AR%2007-08%20Compiled.pdf

How could J. "Frank" Wiley have met the legal and constitutional requirements of N.Y. CIV. SERV. LAW §§ 58 (1) and (1-b), N.Y. EXEC. LAW § 840 (2) and N.Y. CONST. Art. 5, § 6? In 1996 he was appointed chief of UAlbany's peace officers (if I'm not mistaken) at age forty, at which time he was said to be a Baltimore, Maryland public schoolteacher.

"J. Frank Wiley, a teacher in Baltimore City Public Schools"
"University Appoints New Police Chief; Former U. of Maryland Chief Takes Reins." University Update 20(1). September 4, 1996. http://www.albany.edu/updates/1996/9-4/otherarticles.html (Archived by WebCite® at http://www.webcitation.org/6PvrkVXFK )

The UAlbany department became full officers by NYS legislative act in 1999, when he was (if I'm not mistaken) forty-three. Don't officers have to take the NYS police exam prior to age thirty-nine, demonstrate merit, moral, and physical fitness, work their way up through the ranks to become chief, etc.? Is there some reason why UAlbany, located next door to the New York State Police Academy, preferred to hire an ex-coach, ex-athlete, football fan from Baltimore who'd never so much as been a security guard in New York as chief around the time it acquired the NY Giants football training camp and was transitioning from Division III athletics to Division II then Division I?

Is there some reason why UPD preferred to create a Memorandum of Understanding with the UAlbany football team yet not with the Albany County Sheriff's Office, New York State Police, Ontario County Sheriff's Office, Rensselaer County Sheriff's Office, Rensselaer Police Department, Warren County Sheriff's Office, or the other law enforcement agencies with which it might have to work (other than the City of Albany and Town of Guilderland)? On that topic, General Order 40.1.4 addresses Downtown Campus Operations, yet no order seems to mention the East Campus and other properties; "the University at Albany Foundation purchased the former Sterling Winthrop pharmaceutical complex located at 81 Columbia Turnpike, East Greenbush, NY. " http://www.albany.edu/eastcampus/ http://www.albany.edu/uafoundation/uaf_properties.shtml "for the purposes of [the Higher Education Act] HEA, if you have an institution-associated foundation that owns or controls a building or property that is operated in support of, or in relation to, your institution’s educational purposes, your institution is considered to be in control of that building or property" (13).

Is there some reason why UPD created a ridealong program for UAlbany football players, used the UAlbany athletics logo on its "Gotcha" tags (an ill-conceived supposed anti-theft operation about on par with the decoy bag one), didn't report an alleged gang rape by UAlbany football players to the Albany County District Attorney's office ASAP, etc.?

"You may wish to direct further inquiries regarding Chief Wiley to his employer, the SUNY System Administration", the NYS Division of Criminal Justice Services has written.
https://www.muckrock.com/foi/new-york-16/alleged-police-officer-status-of-sunya-police-chief-wiley-10965/

Despite the lack of information the NYS Division of Criminal Justice Services has about such matters, the NYS Division of Criminal Justice Services gave the UAlbany Police Department a special accreditation
http://police.albany.edu/UPDAnnualReport2011.pdf (page 15) around the time of the fallout of the Raven Arms .25 "junk gun"/"Saturday Night Special" campus firearms violations and improper storage of a departmental weapon involving decorated Investigators Wendy Knoebel and Matthew A. Griffin, the major area drug manufacturing case involving Knoebel and the drug barn at their home in Duanesburg, and just prior to President Obama's visit to campus. The obvious problems with the UAlbany Police department's sexual offender registry still existed at the time the special accrreditation was given.

I have submitted inquiries regarding "Chief" Wiley to SUNY System Administration as DCJS suggested. I'd done so before they'd suggested it. By and large SUNY System Administration doesn't respond.

Commissioner McBride did respond to me once, to agree with me that the SUNY-wide Police manual was in need of updating - although you'll note he indicated that the 6th Edition dated February 2007 was "currently in use" despite there evidently being a 7th Edition dated August 2009. http://www.muckrock.com/foi/new-york-16/state-university-of-new-york-at-binghamton-police-dept-manual-10931/#1098366-police-manual-version-7 Why Commissioner McBride was ignorant of the 7th Edition when it was his office (under a different title and with a different person in charge) that was presumably responsible for it ("This manual has been developed by the Office of the Assistant Vice Chancellor for University Police and Public Safety"), I don't know.

Forwarded message, with some formatting differences:

From: "McBride, Bruce"
Subject: RE: SUNY University Police training concerns?
Date: November 19, 2012 at 11:20:59 AM EST
To: Christopher Philippo

Good morning Mr. Philippo:

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

Bruce McBride
Commissioner for Police

From: Christopher Philippo
Sent: Friday, November 16, 2012 4:55 PM
To: R. Bruce McBride; McBride, Bruce
Subject: SUNY University Police training concerns?
Importance: High

Dear Commissioner McBride:

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

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

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

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

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

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

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

It's hard to understand how they'd failed to receive training regarding the Personal Property Law, or to learn it on their own, or why they would have been given orders to participate in such an ill-conceived operation (two male officers hiding in a women's restroom, using a peephole in the women's restroom, etc.?). To single out several sections from the SUNY Police Manual (though there are others that appear relevant as well):
§ 10.11 "University police members will be responsible for their own standard of professional performance and will take every reasonable opportunity to enhance and improve their level of knowledge and competence.

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

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

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

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

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

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

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

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

How is it that Mr. Wiley had failed to be responsible, for so many years, for training Mr. Burlingame, Mr. Berger, and (one presumes since he's also named in the decision) Christopher T. Farina, and perhaps others?
I sincerely hope, given SUNY Police Manual § 1.21, that you'll share the same degree of concern I have and that you will be able to address the matters as they should be addressed.

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

Thank you for any help you can provide,

Sincerely,

Christopher K. Philippo

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

---

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

[end e-mail]

Mr. McBride hasn't responded to other e-mails.

Forwarded message, with some formatting differences:

From: "Christopher Philippo"
Subject: SUNY Police firearm policy insubordination & integrity concerns?
Date: November 20, 2012 12:31:46 PM EST
To: Bruce McBride

Dear Commissioner McBride,

University at Albany Chief Chief Firearms Instructor Matthew A. Griffin evidently serves, or served, on a SUNY-wide firearms committee, further amplifying concerns about his advice to UPD Investigator Wendy Knoebel to bring her weapons to campus when he feared she might use them at home during a divorce in an "emotional" moment; his knowledge that she was storing her departmental weapon and a "Saturday Night Special" in her locker when the former should have been tagged in the armory and the latter shouldn't have been on campus at all; his removing them from her locker (and his willingness to do so, no questions asked); his taking her Raven Arms .25 home to put in his safe; his bringing her unregistered "junk gun" back on campus and logging it in as evidence himself rather than calling the police with jurisdiction over his own home, etc.

"I was advised my Matt Griffin that there are some changes to the SUNY Pistol and Rifle Q's. For those of you that do not know Matt and I sit on the SUNY Firearms Committee. (I missed the last meeting) [...] Bob Light UPD Plattsburgh" [line and paragraph breaks removed here and below]
Tuesday, May 10, 2011 10:47 AM
http://lists.plattsburgh.edu/pipermail/firearm-instructor/2011-May/000070.html

Integrity of reviews and audits of firearm policies and procedures; possible insubordination regarding same

SUNY Police Manual § 15.09 Insubordination

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

SUNY Police Manual §75.31 "Firearms will be examined and cleaned at least once a month and after the weapon has been fired."

SUNY Police Manual § 75.51 "The System Administration Office of University Police may conduct regular on-site reviews of the application of these policies and procedures."

Regarding insubordination, would referring to monthly firearm cleaning policies as "overkill" constitute ridiculing an order? Regardless, the opposition to monthly cleaning expressed below (or ignorance of the cleaning policy?) seems to go beyond mere "expression or communication of a view, grievance, complaint or opinion" since Mr. Griffin and Mr. Harris both seem to indicate that their departments were failing or deliberately refusing to do monthly cleaning of firearms, when section 75.31 indicates that they "will" be cleaned once a month "at least", and if anything should be examined and cleaned more often than that.

I think policies on academic integrity (not informing people who have yet to take an examination what is on the examination, etc.) would apply to SUNY police, per sections like 15.09 above, Regardless, when SUNY police let each other know when an audit is occurring, what the auditors are looking for, why the audit is being done, when the audit is ending, etc. - does that make for a very effective audit? The auditors could leave campuses perhaps thinking they'd found them in compliance, when in fact the campuses may have only scrambled at the last minute to establish compliance after a tip from another department.

"Anyway you cen send me what the auditor's requested? Also please let us know how it turns out. The powers that be at Buffalo State are concerned about the "audit" thing. Does anyone know if theyare going to each SUNY or just certain ones? Thanks. [...] LT Daniel Harris NYS University Police Buffalo State College"
Mon Mar 22 09:29:18 EDT 2010
"Dan, At UAlbany we have our officers clean the weapons after range (2x a year) and we also do an annual inspection. We do not log cleaning as it is in our policy that the weapons be cleaned after firing. Reading the auditor’s request, they differentiate between cleaning and maintenance and only request maintenance records. Whenever maintenance is performed on a gun, we do log it and give a brief explanation what was done. As for a detailed cleaning once a month, that seems like overkill. The guns are Glocks and are pretty much indestructible. BTW, the auditor starts at UAlbany in about an hour. I’ll let everyone know how it works out. Matt Griffin UAlbany"
Mon, 22 Mar 2010 08:11:47 -0400
http://lists.plattsburgh.edu/pipermail/firearm-instructor/2010-March/000024.html

"Matt, thanks for the info, its appreciated. Dan"
Tue Mar 23 10:07:28 EDT 2010
"All: Slightly different topic, but I told Dan I would pass on some info on the audit. Auditor is currently here and told me that this is the last campus they are going to audit for the immediate future. They may resume audits at a later date. I’m attaching the list of items we needed to get together for the audit. It might be worthwhile to get your records together in case they do resume the audits and you are lucky enough to be chosen. Matt Griffin UAlbany"
Mon, 22 Mar 2010 15:00:18 -0400
"Thanks for the info, apparently they are worried about being "audited" Lt Daniel Harris NYS University Police Buffalo State College"
Mon, 22 Mar 2010 08:24:00 -0400
"Apparently a monthly cleaning is part of the SUNY wide manual and Binghamton got dinged on an audit for it. [...] Inv. Paul Van Valkenburg NYS University Police – Cortland"
Mon, 22 Mar 2010 08:11:01 -0400
"Just looking to see what others departments are doing or requiring their officers to do for maintenance on the Glocks? Do you have a log that they fill out when the gun is cleaned and if so how often are they cleaned? At Buff State we detail strip the Glocks once a year and they are cleaned by the individual Officer after firing the weapon. The admin is looking to have the officers clean their Glocks once a month and log what was done. I am personally not onboard with this idea and I think that annual detail strip/inspection and the cleaning after firing (we qual twice a year w Glock) is enough. Lt Daniel Harris NYS University Police Buffalo State College"
Monday, March 22, 2010 7:45 AM
http://lists.plattsburgh.edu/pipermail/firearm-instructor/2010-March/000027.html

"We were told about this audit last week. It was explained that there was a possiblity of a State audit of some SUNY PDs coming. It wasnt disclosed which ones..I could be a few, all, who knows. I have no Idea why this is has come about. Being that it supposedly is coming from the State level and not SUNY has peaked my interest. If I hear anything further Ill be sure to update. [Kenneth] Kloss Buffalo State"
Thu Sep 24 03:43:37 EDT 2009
"Hi all, Here at Binghamton we are apparently getting audited by the state for our firearms program. Apparently this involves someone from the state coming down and looking over our records, inventory (weapons), generals orders and basically anything that involves our firearms program. My question is has any other SUNY been through this and if so does anyone know if this is random or if there is usually a reason for it. To our knowledge we do not know why it is being done, atleast thats what im told. Any information would be great. Thanks Steven Faulkner NYSUP Binghamton"
Wed, 23 Sep 2009 18:14:44 -0400
http://lists.plattsburgh.edu/pipermail/firearm-instructor/2009-September/000011.html

Accuracy with firearms versus personal liability concerns

The Oath of Office in SUNY Police Manual §10.01 is an oath to "faithfully discharge the duties of the position of ... according to the best of [one's] ability." §10.02 makes reference to "the highest possible standards of professionalism" and 10.11 to a "high level of knowledge and competence that is essential." Among the "Core Values" (page 3) are references to "quality" and "a high standard"; the "Policy Statement" (page 2) also refers to "quality."

Addendum 1, with respect to accuracy with firearms, refers to "a program that meets or exceeds" [emphasis added] requirements and to "evaluating the officer's ability to fire the weapon accurately." It states, "This policy does not prohibit a campus from training its officers above and beyond the established standard" [emphasis added].

For SUNY policy to chose to do "pass/fail" examinations of accuracy with firearms because (from what they've expressed below) they're more concerned about their personal liability in civil lawsuits than their ability to do their jobs to the best of their ability and according to the highest possible standards, levels, and requirements strikes me as worrisome. What's particularly troubling is the reference to shooting someone in the "center mass" (a depersonalizing, dehumanizing term referring certainly to the torso, possibly the head?) which would tend to be deadly force given the presence of vital organs, as opposed to "an arm or leg", and the apparent desire to be free to intentionally target the "center mass" without fear of liability for doing so by refusing to record officers' actual accuracy with firearms that might establish they could in fact use a firearm in a non-lethal way rather than with deadly force.

To prefer to be free to shoot the "center mass" without exposing oneself to liability by establishing one might have been able to chose to shoot an "arm or leg" seems inconsistent with §10.07 regarding "use of force," § 45.09 regarding "use of physical force," and § 45.10 regarding "deadly physical force," namely that "All members will employ minimum force necessary" and "only with the greatest restraint" and that members "will refrain from applying the unnecessary infliction of pain or suffering and will never engage in cruel, degrading, or inhuman treatment of any person"; that "physical force must be limited to only what is necessary"; that deadly force be used only when "necessary" and "as a last resort." Those sections may require that officers train with firearms to obtain the sort of accuracy that would permit them to fire with non-lethal force whenever possible, and to go for the "center mass" only when absolutely necessary.

"Same in Alfred...pass/fail only...liability reasons Lt. Scott Bingham NYS University Police Alfred, NY"
Sun Mar 21 12:34:36 EDT 2010
"We went to pass/fail a few years ago. We still score the target togauge performance, but don't record the score. This was done after welearned that some attorneys in civil cases following police shootings would look at the officer's score and, if high enough would go into aline of questioning about being an expert marksman and asking why theofficer didn't shoot an arm or leg rather than going for center mass.Further, pass/fail discourages target shooting.Inv. Matt Griffin UAlbany"
Sunday, March 21, 2010 11:07 AM
"Just doing a quick poll to see which departments are logging an actualscore to qualify and which are just recording pass/fail. Your responsewould be greatly appreciated.Thanks, Lt. Tim Ludden SUNY Delhi"
Sunday, March 21, 2010 5:05 AM
http://lists.plattsburgh.edu/pipermail/firearm-instructor/2010-March/000017.html

Administrative and disciplinary action?

To conclude this e-mail, SUNY Police Manual § 45.10 states in relevant part "In using a firearm or other weapon, the officer is responsible for his or her acts and will be required to justify such actions in court and administrative hearings." Nearly the same is stated in § 75.16, "In considering the use of a firearm, university police officers must keep in mind that the officer alone is responsible for his or her acts and that he or she may be required to justify them in administrative hearings and courts of law."

How responsible would you judge these officers to have been for their acts; how able do you believe they would be to justify their acts?

Which of the following better expresses the view of SUNY police and SUNY in general?

• "the State is not an insurer or guarantor of the safety of SUNYA students" [emphasis added]

McEnaney v. State of New York, 267 AD 2d 748 - NY: Appellate Div., 3rd Dept. 1999. http://scholar.google.com/scholar_case?case=14949034404515783354

• "'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" [emphasis added]

"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%20final%20Johnson%20statement%20on%20Clery.htm

As quoted in my e-mail of November 19, 2012 2:58 PM, 8 NYCRR § 590.6 (b) states “Any violation of university regulations or procedures governing firearms, rifles, shotguns, airguns or other weapons on campus shall be cause for administrative and disciplinary action" [emphasis added]. If there has not been an administrative hearing concerning Wendy Knoebel or Matthew A. Griffin (perhaps even those others at other SUNY schools quoted from the firearm-instructor list), seemingly there should have been one and would then still need to be one?

I hope it's safe to raise such concerns to you. Whistleblowers, witnesses, victims: they don't tend to be treated very well, I've found. I don't feel all that safe reporting such things, but somebody needs to do so or things could continue in the same manner or worsen.

Sincerely,

Christopher Korey Philippo
Glenmont, New York

---

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

[end e-mail]

Begin forwarded message:

From: Christopher Philippo
Subject: university police chief oversight; jurisdiction over university police?
Date: November 26, 2012 at 4:23:21 PM EST
To: Bruce McBride

Dear Commissioner McBride,

An Albany County Sheriff's Office Investigator [Senior Investigator Shawn Spring, Jr.] had tried to find out for me what person or agency provides oversight for SUNY police departments, i.e. a sort of Internal Affairs and/or a person or agency outside of the individual university. To whom one could report potential crimes by a university police chief, the vice president to whom the chief is accountable, and the university president. He was unable to find out anything, but was certain there must be such.

Are you responsible for providing that kind of oversight, receiving reports, doing investigations, etc.? If not the System Administration Office for University Police, then who among city, county, or state law enforcement does? I know in the Wendy Knoebel case that the state police were involved; are they the proper agency, and are they the only proper agency?

Thank you for any help you can provide,

Christopher K. Philippo

---

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

[end e-mail]

Forwarded message, some differences, attachments not included here:

From: Christopher Philippo
Subject: SUNY Police: "Criminal impersonation in the first degree"?
Date: November 26, 2012 at 4:31:41 PM EST
To: Bruce McBride

Dear Commissioner McBride,

By what legal and constitutional authority is J. "Frank" Wiley the Chief of the University at Albany Police Department?

I have trouble understanding how J. "Frank" Wiley could possibly have met the legal and constitutional requirements of N.Y. CIV. SERV. LAW §§ 58 (1) and (1-b), N.Y. EXEC. LAW § 840 (2) and N.Y. CONST. Art. 5, § 6. In 1996 he was appointed chief of UAlbany's peace officers at age forty, at which time he was said to be a Baltimore, Maryland public schoolteacher:

"University Appoints New Police Chief; Former U. of Maryland Chief Takes Reins." University Update 20(1). September 4, 1996. http://www.albany.edu/updates/1996/9-4/otherarticles.html

How could he have taken the police exam competitively in New York prior to age thirty-nine when he hadn't even applied in New York until he was forty, for example? How was he appointed directly to chief without working his way up through the ranks? Did he meet, and has he continued to meet the requirements regarding moral character, physical fitness, etc.? He likewise seems to have violated numerous sections of the SUNY Police Manual, as I've indicated in prior e-mails and can further document. How, then, has he continued to hold that job? His predecessor was forced to retire, unwillingly, at age fifty-five. Mr. Wiley's older than that now.

I was also informed by the NYS Department of State in response to a FOIL request that there's no Oath of Office on file with the Secretary of State for Mr. Wiley for 1996, the year he was hired, or for 1999 to present. I didn't have them check 1997 or 1998; both years would have been legally too late to file for 1996. Would that not put him in violation of the SUNY procedure item requirement "Oath of Office" http://www.suny.edu/sunypp/documents.cfm?doc_id=546 and New York State law? "NYS Civil Service Law §62 requires that 'every person employed by the state or any of its civil divisions, except an employee in the labor class,…shall take and file' the following oath: […] The oath or statement of every state employee must be filed in the office of the secretary of state."

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

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

N.Y. PUB. OFF. LAW § 30 (1) (h) and People ex rel. Walton v. Hicks might help explain the August 3, 2012 University at Albany e-mail and the Certified Mail sent by United States Postal Service postmarked August 7, 2012, both by University at Albany judicial administrator Clarence L. McNeill, prohibiting me to communicate with anybody at the University at Albany other than Mr. McNeill for any purpose, via any means, for the rest of my life - and at a time when I was no longer a student, having graduated in May 2012. That had been sent very soon after I'd initially tried filing an August 2, 2012 FOIL request for Oaths of Office at UAlbany. That FOIL request had been a short list of requests that had included Mr Wiley's Oath of Office.

Mr. McNeill lied in the attachment to that e-mail, and in the letter he sent through the federal mail. For example, he wrote, "The offices responsible for handling requests for documents, including student records, have complied with your requests." That was a demonstrably, objectively false statement. University at Albany offices have not complied with a number of my requests, including that August 2, 2012 one which the Records Access Officers did not even acknowledge receiving, despite being legally required to do so. If he can prove they complied with my requests, he's welcome to try. For example, I'd requested from one of UAlbany's Records Access Officers this: "the written University at Albany policy that reports of retaliation should NOT be made to the Director of Conflict Resolution and Civic Responsibility but to some other office (see below quotes)."

The relevant quotes were:

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. Information on how to report retaliation is found in Appendix J. [bold emphasis in original]
http://www.albany.edu/studentconduct/prohibited_conduct.shtml

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 (518-442-­5501) and/or the Associate Director of Residential Life/Quad Supervisor (518-442­-5875) who will assist in filing a complaint for university disciplinary action. [bold emphasis added]

Definition: 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]

http://www.albany.edu/studentconduct/appendix-j.shtml

"That would not be reported to me."- Director of Conflict Resolution and Civic Responsibility Clarence L. McNeill, "RE: retaliation?" December 9, 2011 12:44:30 PM EST. E-mail from Clarence L. McNeill to Chris K. Philippo and cc'd by Clarence L. McNeill to [Christopher K. Philippo's mother]. [bold emphasis added]

Lisa A. Taylor's June 28, 2012 10:29 AM response simply dropped off that item, though she still had my original request for it below her response. In the absence of any other evidence, one must conclude that Mr. McNeill was lying to me and lying to my mother when he claimed that retaliation is not reported to him since the only policy I can find regarding retaliation and who it is to be reported to states quite clearly that it is reported to him.

The rest of Ms. Taylor's response was not much better, nor her other responses. The same is true of other offices; I'd first requested a copy of my own Student File from the Registrar's Office in January 2012, and I did not receive it until June 2012. The Registrar's office might be said to have complied with my request in the end, but they hadn't complied with any of my requests up until the very last one. If they had been compliant from the very start as they were in fact obligated to be, I would not have had to repeat the request over their continual obstructionist responses and it would have saved all parties involved a lot of trouble.

Mr. McNeill cc'd that August 3, 2012 e-mail (which refers to the above December 9, 2011 communication) to Mr. Wiley, who is evidently backing Mr. McNeill's orders concerning me off the record. That's evident because Mr. Wiley had denied, in response to a prior FOIL request, that UPD had any orders from Mr. McNeill concerning me at a time when Mr. McNeill claimed that UPD did have them and were enforcing them. Mr. McNeill has continued to maintain that UPD has and UPD is enforcing his orders concerning me, and since he cc'd Mr. Wiley it does seem that is the case, even though UPD had previously denied it in writing.

When I'd filed nearly the same FOIL request with the Department of State, it did not occasion from them the same threats and lies that Mr. McNeill chose to send me. I would not think prior restraint on freedom of speech, inquiry, association, movement etc. without due process to be remotely legal or constitutional, would you? The prohibitions Mr. McNeill sent me have remained in effect, as far as I know, even after the U.S. Department of Education sent George M. Philip a letter reminding him that retaliation is prohibited. I'm pretty sure they meant that to refer to past or ongoing retaliation (like Mr. McNeill's) as much as any new act of retaliation, but seemingly Mr. Philip did not interpret it that way? Mr. McNeill, by writing me what he did, and the others by receiving it and not contesting it - have any of them upheld their Oath of Office to the New York and United States constitutions (assuming they made such oaths), would you suppose?

If Mr. Wiley does not meet the legal and constitutional requirements to be a police officer, and if he automatically vacated his office back in 1996 and/or 1999 by failing to have filed his constitutionally-required Oath of Office with the NYS Secretary of State as legally required, would that put him in violation of N.Y. PEN. LAW § 190.26 (1) and (2), "Criminal impersonation in the first degree"?

"A person is guilty of criminal impersonation in the first degree when he:
"1. Pretends to be a police officer […], or wears or displays without authority, any uniform, badge or other insignia or facsimile thereof, by which such police officer […] is lawfully distinguished or expresses by his or her words or actions that he or she is acting with the approval or authority of any police department […]; and
"2. So acts with intent to induce another to submit to such pretended official authority or otherwise to act in reliance upon said pretense and in the course of such pretense commits or attempts to commit a felony"

If he did not meet the requirements of N.Y. CIV. SERV. LAW §§ 58 (1) and (1-b), N.Y. EXEC. LAW § 840 (2) and N.Y. CONST. Art. 5, § 6 (and I fail to see how he could possibly have met them), has not met requirements of the SUNY Police Manual, and since he does not have his Oath of Office on file with the NYS Secretary of State (the Department of State wrote me that he does not), is he not pretending to be a police officer without authority? Does he not act with intent to induce others to submit to such pretended authority, etc.? If he was exempted from those requirements, where is the evidence that he was exempted and by whose authority?

At present, I'm prohibited by Mr. McNeill from contacting UPD or from filing a FOIL request with UPD to obtain documents or statements from them which would indicate if they really have his demands concerning me (including ones they'd previously denied having). I may not even contact the police to clarify certain points in those demands; does it refer to people physically at the university or employed at the university regardless of where they are, for example. Is Mr. McNeill the "agent of the President" true of his relationship to Mr. Philip when Mr. Philip does not seem to have an Oath of Office on file with the NYS Secretary of State? Will Mr. McNeill be the "agent of the President" for Dr. Jones come January 2013? I've been threatened with (seemingly) a lawsuit for harassment if I were to try - a threat which is itself a form of harassment against me.

Do the University's "interests" really include prohibiting students to communicate with the university police or to make use of FOIL with the properly designated Records Access Officers? Prohibiting graduates of the University to contact the Registrar for their own official transcript, or communicate with the Career Services Center, or with faculty and staff for references, etc.? In many ways, it's now as if I never graduated; all that time and tuition, effectively stolen.

Mr. Wiley, to the best of my knowledge, is among the best-paid of SUNY police chiefs, and is paid more than City of Albany Chief Krokoff and Albany County Sheriff Apple are paid. Both Krokoff and Apple serve larger populations and have far stronger credentials. In spite of being paid comparatively so well, Mr. Wiley recently seems to have been in consideration for a job in Illinois:

"Christensen was selected for the position after a nationwide search led by the Hollins Group, which is the firm that assisted in the search leading to Barbara O’Connor’s hiring in 2008.
"The search turned out three finalists: Christensen and two candidates from outside of the University. Frank Wiley, chief of police at the University of Albany and Penny Fischer, police inspector at Michigan State were the other two finalists. A committee headed by Renee Romano, vice chancellor of student affairs, chose to recommend Christensen for the job."
Vazquez, Steven. "Christensen named University police chief." Daily Illini. June 10, 2012. http://www.dailyillini.com/article/2012/06/christensen_named_university_police_chief

Is Mr. Wiley in fact thinking of leaving the University at Albany and leaving the state of New York entirely? If he's thinking of leaving the state and leaving the state's employ, it might be better to raise questions with him before he does leave. I believe the Lyall family, more than anyone else, deserve at least that.

Thank you for any help you can provide,

Christopher K. Philippo

---

"For those who stay curious, there are always new frontiers." — Jello Biafra

[end e-mail]

Forwarded message, some differences, attachments not included here:

From: Christopher Philippo
Subject: official word on SUNY Police & firearms violations?
Date: May 17, 2013 at 5:24:06 PM EDT
To: John King <jking@mail.nysed.gov>, Nancy Zimpher <nancy.zimpher@suny.edu>, Bruce McBride <bruce.mcbride@suny.edu>, Rex Smith <rsmith@timesunion.com>, Scott Waldman <swaldman@timesunion.com>, Sarah Hinman <shinman@timesunion.com>, Kate Barry <barry@nysenate.gov>, Louis Corsi <LCorsi@townofbethlehem.org>, Chief Steven Krokoff <officeofthechief@albany-ny.org>, Craig Apple <Craig.Apple@albanycounty.com>, "IAFFAIRS@troopers.ny.gov" <IAFFAIRS@troopers.ny.gov>, PISTOLPT@troopers.ny.gov [and others]

"Sunday night's incident apparently induced panic as many students cowered in their dorm rooms in fear, while some crouched in corners and said prayers after reports about a gunman on campus began to circulate around 8:20 p.m. At 9:30 p.m. the school finally sent out an email notifying students that the gunman was actually an off-duty law enforcement officer who was there to move a family member out of the Livingston Tower dorm. […] No official word on why the law enforcement officer felt it necessary to wear a weapon while moving his child out of the dorm. Although it's apparently legal for an off-duty officer to carry a weapon, Luntta said he was not sure if the man's possession of the gun on campus was a violation of school policy" (bold emphasis added)
Waldman, Scott. "Campus Notebook: Tense moments for UAlbany students." Albany Times Union. May 16, 2013. http://www.timesunion.com/local/article/Campus-Notebook-Tense-moments-for-UAlbany-4523960.php

Tsk, tsk, Luntta…

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

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

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

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

535.3 (j) "No person, either singly or in concert with others, shall: […] Knowingly have in his possession upon any premises to which these rules apply, any rifle, shotgun, pistol, revolver, or other firearm or weapon without the written authorization of the chief administrative officer; whether or not a license to possess the same has been issued to such person" http://www.albany.edu/studentconduct/assets/Community_Rights_FINAL_10-28-11.pdf

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

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

No doubt Lunta gets paid very well for what he does, and "Chief" J. "Frank" Wiley, et al.

Whistleblowing isn't enjoyable, but whistleblowers can't give up or else the problems tend to persist or worsen. Clean up the problems, please? [...]

[end e-mail]

When I'd submitted an inquiry regarding Mr. Wiley to UAlbany, as mentioned above, a threat was sent to me and cc'd to Mr. Wiley. Why is that?

General Order 52.1.1.
"All supervisors of this department are required to assume the duties and obligations of their rank and assignment in the inspection of all areas of employee activity under their preview. They shall not look to higher authority to initiate action regarding misconduct or breach of duty by an employee, but will immediately take the necessary steps to begin corrective action."

Is there some reason why necessary steps to begin corrective action (and follow through) didn't occur when I've reported things to Jeremy W. Clapper, Benjamin J. Nagy, J. "Frank" Wiley, Deputy Chief of Police Thomas J. Kilcullen, Inspector Aran C. Mull, Inspector Jennifer L. Fila, Captain William Yankowski, Director of Personal Safety & Off-Campus Affairs Gebhardt, and you back when you were Assistant Chief of Police?

General Order 21.2.5 states the Deputy Chief of Police "Carries out internal investigations."

James J. Malatras
FOIL Appeal Officer
Office of University Counsel
SUNY Plaza
Albany NY 12246

Dear Mr. Malatras:
I hereby appeal the apparent denial of access regarding my request, which was made on March 27, 2014 and sent to the University at Albany.
The records that appear to have been denied by James Berger include: Annex F and Annex G of the Administrative and Personnel Manual.
Regardless, Mr. Berger's overall behavior as a police officer has been somewhat problematic, whether it be his actions in and leading up to the Abdul-Wahhab v. The State of New York case, his failure to respond to calls for help (a failure shared by all the members of the command staff of the University at Albany Police Department), etc.
The SUNY Police Manual 8th Edition April 2014 states in §1.2 "Employees shall be held personally responsible for knowing and adhering to the rules and regulations, orders, current directives, and policies and procedures of a Department, University or College, or the State University of New York, and any local state or federal laws affecting their duties" and in §1.2(B) "Unfamiliarity with or ignorance of laws, ordinances, rules and regulations, current directives, procedures, policies or General Orders shall not constitute a defense." Earlier versions of the manual stated more or less the same in § 15.09 "Every member is required to establish and maintain a working knowledge of laws, local ordinances, the rules and policies of the university department, and orders of the department. In the event of improper action or breach of discipline, it will be presumed that the member was familiar with the law, rule or policy in question and will be subject to possible disciplinary action." In Abdul-Wahhab v. The State of New York Mr. Berger claimed ignorance of the law in his own defense and did not inform the judge of the whole truth - i.e. what the SUNY Police Manual has stated relevant to that. In spite of that claim of ignorance of the law in his defense, or because of that, Mr. Berger received an award for "Excellence in Professional Service" (being ignorant of the law and ignoring calls for help, in a police department that failed to properly maintain its sexual offender registry for years, etc. exhibits excellence?) http://www.albany.edu/president/awards/2014/paul_berger.shtml (Archived by WebCite® at http://www.webcitation.org/6Q574ZMCZ ) and has been promoted from Assistant Chief to Deputy Chief.
Incidentally, the person who updated http://police.albany.edu/Member2.asp?LName=Berger&FName=Paul failed to properly update it, not unlike how the department's sexual offender registry had failed to be properly maintained for years. The top of his bio states "Deputy Chief of Police - Administration" while it goes on to state Assistant Chief Paul Berger has been with the University Police Department since December 1988. [...] As a patrol officer, Assistant Chief Berger was a member of the Department's Police Bicycle Unit and had received training in Doppler Traffic Radar, Breathalyzer, and Street Survival Tactics."
Despite Mr. Berger's questionable job performance, he, like former UAlbany Police Investigator Wendy Knoebel (at least two awards, and then found to have brought an unregistered junk gun on campus which she then had a fellow officer hide, and found to have a major area drug operation at her suburban home, aside from which using her department address on http://www.deviantart.com among other things) has been honored more than once. Despite Mr. Berger's admission that he is ignorant of the law, he's been an instructor. "Assistant Chief Berger, while serving the University with distinction daily, has also gained recognition as a criminal justice instructor at Bryant and Stratton College. The Bryant and Stratton Leadership Committee has recognized Paul Berger as an 'Outstanding College of Education Instructor.'" http://www.albany.edu/studentsuccess/assessment/docs/Divisional%20AR%2007-08%20Compiled.pdf

Despite the cover of the above-linked report stating it's for 2006-2007, the rest of it as well as the URL indicates it was for 2007-2008. The report's claim that Mr. Berger has served with "distinction' was thus made in 2008 - i.e. after the December 2007 incident in which two male police officers hid in a women's restroom, used a peephole in the women's restroom to spy on a decoy bag they were using to entrap students, arrested a young woman outside after a major blizzard in her shorts, t-shirt, and sandals, refused her a ride home at 1AM, etc. - an operation Mr. Berger admitted he knew about: "He was aware of the decoy bag operation." http://vertumnus.courts.state.ny.us/claims/html/2012-032-004.html
Aside from that, I also note that the Memorandum of Understanding with the City of Albany Police Department https://muckrock.s3.amazonaws.com/foia_files/APD_MOU_2009.pdf was signed not by the current chief but by the last one, James W. Tuffey, on December 10, 2008 - going on six years ago.
"For weeks, a controversy boiled inside the city police department over Chief James W. Tuffey's alleged use of a racial slur while he discussed the unsolved killing of a white University at Albany student.
"Anonymous letters were mailed -- purportedly by a group of concerned officers claiming to have formed a 'Coalition against Racism and Bigotry' -- to Mayor Jerry Jennings, several members of the Common Council, District Attorney David Soares, the Times Union and others.
"The letters alleged the 56-year-old chief, while in a stairwell at police headquarters, told Assistant Chief Anthony Bruno, 'This wasn't just some spook that was killed,' referring to the October slaying of UAlbany senior Richard Bailey."
Lyons, Brendan and Jordan Carleo-Evangelist. "The Fall of a Police Chief; Jim Tuffey was given the job of cleaning up Albany's streets. Now, he's out amid allegations that he used a racial slur." Albany Times Union. September 2, 2009: A1. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=8603557
When the City of Albany had previously provided me that MOU they'd excluded the fourth page with Mr. Tuffey's signature: https://www.muckrock.com/foi/albany-720/law-enforcement-agreement-between-city-of-albany-suny-albany-4811/#723833-responsive-documents
At the time Mr. Tuffey signed that document, it appears he was not a sworn officer.
"Police Chief James W. Tuffey is taking an indefinite leave on paid vacation time from his $100,000-plus-a-year job in the wake of a Times Union report that showed he is not a certified police officer."
Gavin, Robert. "Tuffey taking time off with pay; Top cop takes action after Times Union report that he hasn't been sworn officer since 1996." Albany Times Union. May 27, 2009: A1. http://albarchive.merlinone.net/mweb/wmsql.wm.request?oneimage&imageid=8108430
While that agreement might(?) be valid, it might be about time a new one was made, rather than letting stand an agreement UAlbany made with a man who was not a sworn officer who made an offensive racist statement with respect to the murder of a UAlbany student?
As required by the Freedom of Information Law, the head or governing body of an agency, or whomever is designated to determine appeals, is required to respond within 10 business days of the receipt of an appeal. If the records are denied on appeal, please explain the reasons for the denial fully in writing as required by law.
In addition, please be advised that the Freedom of Information Law directs that all appeals and the determinations that follow be sent to the Committee on Open Government, Department of State, One Commerce Plaza, 99 Washington Ave., Albany, New York 12231.

Sincerely,
Christopher K. Philippo

Thanks for your response to the appeal. It strikes me as more or less in keeping with Chancellor Zimpher's rhetoric about openness and transparency. (Hopefully I've accurately transcribed all the below quotations.)

"Nancy L. Zimpher, Chancellor of the State University of New York, said, 'SUNY shares the Governor’s commitment to openness and transparency and Dr. Theresa Pardo is a strong addition to the ‘Open NY’ team as this important initiative moves forward. Dr. Pardo is a leader and innovator in her field, and under her guidance The Center for Technology in Government has become renowned for helping governments develop policies for sharing information in order to maximize value for the public. She is well prepared for this new challenge on behalf of the people of the state and I commend Governor Cuomo on his selection.'"
"Governor Cuomo Announces Special Advisors for Open Data Initiative; Andrew Nicklin to serve as the Director of Open NY; Professor James Hendler to serve as the State’s Open Data Advisor; Doctor Theresa Pardo to serve as the State’s Open NY Policy Advisor." September 20, 2013. http://www.governor.ny.gov/press/09202013-open-data-special-advisors

It would have been better if UAlbany simply had the police department manual online and didn't require people to file a FOIL request for it.

“Robert J. Freeman, Executive Director of the Committee on Open Government, said, 'Governor Cuomo has made use of information technology to enable New Yorkers to gain access to more information than ever before, and to use it in ways that are creative and innovative. Pushing information out to the public, rather than requiring people to pull it out through requests made under the Freedom of Information Law, represents a positive step that will create lasting benefit for the public.’”
“Governor Cuomo Highlights Open NY for Sunshine Week; Issues One-Year Report on Open NY Transparency Initiative
Encourages New Yorkers to Engage with Open Data Online at Data.NY.Gov” March 18, 2014.
https://www.governor.ny.gov/press/03182014Sunshine-Week

The response to the appeal is certainly much more in keeping with openness and transparency than President of the SUNY-wide judicial administrators group, UAlbany Assistant Vice President for Student Success and Director of the Office of Conflict Resolution & Civic Responsibility Clarence L. McNeill’s threat, his coercive prior restraint on freedom of speech, inquiry, association, etc. without due process, sent via e-mail and United States Postal Service.

“Effective immediately, you are hereby notified that you are to cease and desist all contact with any office, department, unit or employee at the University other than me. As of this date, the University has designated me as your sole contact for all written and oral communication with the University, including, but not limited to, telephone calls and messages, emails, and mailed and faxed correspondence. I will determine when and if your communications will be addressed by the University. [...] This decision may only be reconsidered by me as the agent of the President of the University. If you continue to contact others at the University, the University may consider your actions to constitute harassment, and consult with local authorities about the University’s options to protect its interests. Thank you." - Clarence L. McNeill (and cc'd by him to George M. Philip, Vice President for Student Success Christine Bouchard, Senior Counsel John Reilly, Associate Counsel Janet Thayer, Clery Act Compliance Officer John M. Murphy, and Police "Chief" J. "Frank" Wiley)
https://drive.google.com/file/d/0B7Mt-S77wZKfQ3d5dzh3Y0VUSXc/edit?usp=sharing

McNeill, Philip, Bouchard, Reilly, Thayer, Murphy, and Wiley seem to be rather unfamiliar with the US and NY constitutions, or are familiar with them but have the deepest contempt for them.

"Teachers and students must always remain free to inquire, to study and to evaluate, to gain new maturity and understanding; otherwise our civilization will stagnate and die."
Keyishian v. Board of Regents of Univ. of State of NY, 385 US 589, 603 (1967) (quoting Sweezy v. New Hampshire, 354 U. S. 234, 250)

"the State may not, consistently with the spirit of the First Amendment, contract the spectrum of available knowledge. The right of freedom of speech and press includes not only the right to utter or to print, but the right to distribute, the right to receive, the right to read (Martin v. Struthers, 319 U.S. 141, 143) and freedom of inquiry, freedom of thought, and freedom to teach (see Wiemann v. Updegraff, 344 U.S. 183, 195) — indeed, the freedom of the entire university community. Sweezy v. New Hampshire, 354 U.S. 234, 249-250, 261-263; Barenblatt v. United States, 360 U.S. 109, 112; Baggett v. Bullitt, 377 U.S. 360, 369. Without those peripheral rights, the specific rights would be less secure.”
Griswold v. Connecticut, 381 U.S. 479, 482 (1965)

McNeill's fraudulent “cease and desist notification of December 9, 2011” referenced in the above
https://drive.google.com/file/d/0B7Mt-S77wZKfLUJZdGdGbDhhRmM/edit?usp=sharing

The fraudulent “cease and desist” was premised upon the alleged violation of a non-existent “‘cease and desist’ order’” McNeill allegedly “imposed on December 6, 2011.”

McNeill’s December 6, 2011 “Good Morning” e-mail, which does not use the words “cease” or “desist” and is not in any way a “’cease and desist’ order”
https://drive.google.com/file/d/0B7Mt-S77wZKfcnRtNkhYcnVuS0U/edit?usp=sharing

McNeill’s December 6, 2011 e-mail, which he retitled "Cease & Desist", redacted, and amended with "P.S. I did notify the UPD Police Chief's [sic] of this directive as well" and sent to Jeanette Altarriba without noting to her the extent to which he’d changed what he’d sent to her from what he’d sent to me
https://drive.google.com/file/d/0B7Mt-S77wZKfNkhvSGx4TE9OWjQ/edit?usp=sharing

Ms. Altarriba is Chair of UAlbany's Presidential Advisory Committee on Sexual Assault and was promoted to UAlbany Vice Provost and Dean for Undergraduate Education after requiring me to remain in the class of visiting assistant professor Michael W. Barberich who I reported to her for academic dishonesty and sexual harassment, continuing to be subjected to that professor's offensive behavior as a condition of receiving my degree and graduating. Perversely, she encouraged me to continue reporting Mr. Barberich even though she'd refused to grant me academic accommodation that would let me drop Mr. Barberich's class and thereby cease being subjected to his offensive behavior against my will:

"Thank you for writing, as you have every right and have been encouraged, to do so, so that I stay informed of your perceptions and your experiences in your class. Do not consider that you have become any kind of 'target' [for retaliation for having reported Michael W. Barberich] as some have suggested, that's simply not the case. I, as Chair, and as a Faculty Member, always listen to students and never discourage them from discussing their issues of concern, no matter what those issues may be, so you can of course bring these kinds of items to my attention." E-mail subject: "RE: what was your take on how the meeting with Dr. Barberich and me went?" November 9, 2011 3:55:32 PM.

The promotion of Ms. Altarriba does not seem consistent with the agreement between SUNY and the US Department of Education's Office for Civil Rights.

"By January 31, 2014, SUNY will provide to OCR a report of each campus’ review of complaints filed during and since academic year 2011-2012 at SUNY Albany, SUNY New Paltz, SUNY Buffalo State College, and SUNY Morrisville. At a minimum, this report will identify any complaints that were not handled consistent with the criteria set forth in Section C above; and, will indicate the action that will be taken to address any problems identified."
http://www2.ed.gov/documents/press-releases/suny-new-york-agreement.doc

"OCR reviewed 159 individual cases of alleged sexual harassment from four of SUNY’s individual campuses visited during the review (SUNY Albany, SUNY New Paltz, SUNY Buffalo State College, and SUNY Morrisville). OCR determined that the vast majority of these cases involved reports of sexual assault or violence sufficiently serious to create a sexually hostile environment for the affected students. In some of the instances, OCR found deficiencies, including complainants not receiving prompt or adequate investigations of their complaints; not receiving notice of the outcomes of their complaints; not being provided equal opportunities to attend prehearing conferences and/or present evidence and witnesses at the hearing."
https://www.ed.gov/news/press-releases/us-department-education-reaches-agreement-state-university-new-york-address-and-