Subject: your investigation of Dean Makau W. Mutua's perjury

From: Jeffrey Malkan (jeffrey.malkan@outlook.com)

To:

jbaker4@buffalo.edu; robert.ruggeri@suny.edu; jljarvis@buffalo.edu; jereed@buffalo.edu;

lynn.vance@goer.ny.gov; liesl.zwicklbauer@suny.edu; cewing@buffalo.edu; gbinder@buffalo.edu;

jrnewton@buffalo.edu; ubprovost@buffalo.edu; newsroom@ubspectrum.com; finleylu@buffalo.edu;

mutua@buffalo.edu;

Date: Monday, April 7, 2014 9:20 AM

This message is addressed to President Satish K. Tripathi through SUNY Counsel.

Dear President Tripathi,

On December 5, 2013, you signed an affidavit disclaiming knowledge of my allegations of

criminal misconduct against Dean Makau W. Mutua. That was four months ago. Since then, I

have continued my attempts through your attorneys to report the crime to you. Unfortunately, I

have succeeded only in creating a record of your refusal to respond or investigate.

This is the list of faculty members who have personal knowledge of the facts underlying my

allegations:

Janet Lindgren (retired)

Rebecca French

Betty Mensch (retired)

Rob Steinfeld

Tony Szczygiel

Fred Konefsky

Errol Meidinger

Dianne Avery

Sue Mangold

Shubha Ghosh (now at University of Wisconsin)

George Kannar

Makau Mutua

Bert Westbrook

Barry Boyer (retired)

Isabel Marcus

Stephanie Phillips

Guyora Binder

Jim Gardner

Markus Dubber (now at University of Toronto)

Lucinda Finley

Nils Olsen

Most of these tenured professors are still university employees. Lucinda M. Finley is your Vice-

Provost for Faculty Affairs. The truth could be elicited from them within a matter of days, or

even hours. In addition, the Attorney General has deposition transcripts and documentary

evidence that you and your attorneys, under the circumstances, are obliged to review and

consider.

The evidence is conclusive that Dean Mutua swore to false testimony regarding a material fact in

my legal claims against him and the University. He testified that I did not have a valid contract

or property interest in state employment because the P&T Committee, on April 28, 2006, failed

to make a recommendation on my reappointment and promotion, and instead voted to

recommend my termination on one year's notice. His lies were premeditated, calculated, and

repeated in both state and federal courts at an interval of three years. His intention was to

leverage the credibility of the Dean's Office into a miscarriage of justice.

Your disengagement from your oversight responsibilities over the past four months raises the

distinct possibility that your disclaimer of prior knowledge of my allegations, which took the

form of a sworn legal instrument, was intentionally and materially false.

The congratulatory e-mail you sent to Dean Mutua on November 15, 2012 is evidence that you

personally received a copy of the tainted ruling of the Public Employment Relations Board

(PERB). (See below.) That establishes your constructive knowledge of facts and circumstances

of which you professed ignorance in your affidavit. Dean Mutua's deposition testimony on

December 19, 2013 proves that he is repeating and embellishing the same lies in an attempt

to derail the due process of law in federal court. The state's attorneys are certainly aware that, as

officers of the court, they cannot condone your continued protection of Dean Mutua, much less

the use of state resources for doing so, without putting themselves at legal risk.

Sincerely,

Jeffrey Malkan

-----Original Message----- From: mutua@buffalo.edu [mailto:mutua@buffalo.edu] Sent: Thursday, November 15, 2012 10:34 AM To: Tripathi, Satish; UB Provost Subject: Fw: U-28826 (UUP v. SUNY Buffalo) ALJ Decision.PDF Satish, Chip: See judgment of the Labor Board -- Jeff Malkan has lost the case. The judge's opinion is very unequivocal. Good news. Makau Mutua Dean SUNY Distinguished Professor

Floyd H. & Hilda L. Hurst Faculty Scholar SUNY Buffalo Law School The State University of New York 319 O'Brian Hall Buffalo, New York 14260 Tel: (716) 645-2052 Fax:(716) 645-5968 SSRN: http://ssrn.com/author538742

Dear Makau,

Great news! Congratulations. Best, Satish ******** Satish K. Tripathi President University at Buffalo, SUNY 501 Capen Hall Buffalo, NY 14260 Phone: 716-645-6269 Fax: 716-645-3278