Case 1:13-cv-01717-CCC Document 1-7 Filed 06/24/13 Page 1 of 4

CLARK & KREVSKY, LLC

FRANK P. CLARK
FPC@Clark-Krevskylaw.com P. O. Box 1254 CAMP HILL, PA 17001-1254

STREET ADDRESS: 20 Dump ROAD, STE 300A LEMOYNE, PENNSYLVANIA 17043

SOLOMON Z. KREVSKY
SZK@Clark-Krevskylaw.com

(717) 731-8600 FAX (717) 731-4764 www.Clark-Krevskylaw.com

March 20, 2013

VIA email to skiAhace.edu and by CERTIFIED AND REGULAR MAIL TO:

John J. Sygielski, Ed.D. President HARRISBURG AREA COMMUNITY COLLEGE One HACC Drive Harrisburg, PA 17110 RE: Crawley, Todd HARRISBURG AREA COMMUNITY COLLEGE Dear Dr. Sygielski: on behalf of Todd Crawley, the Director of Public Safety for Harrisburg Area Community College ("HACC"). Please take this letter as official notice that HACC, through your actions, is violating Mr. Crawley's legal rights in violation of the False Claims Act, 31 U.S.C. 3729-3733 (the "FCA") and Pennsylvania's Whistleblower Law, Act of December 12, 1986, P.L. 1559 (the "PWL"), 43 P.S. 1421 et seq. EIACC appointed Mr. Crawley to the position of Safety Coordinator in 2006. In 2009, HACC promoted Mr. Crawley to the position of Environmental Health and Safety Director. In 2012, HACC promoted Mr. Crawley to the position of Director of Public Safety.
I write

Upon his appointment as Safety Coordinator, Mr. Crawley discovered that HACC was noncompliant with federal guidelines regarding Education Department General Administrative Regulations (EDGAR) Title 34, Code of Federal Regulations, Part 86 Drug and Alcohol Abuse Prevention. This was a concern to Mr. Crawley, not only because HACC was failing to provide a required program to its students, but because HACC had accepted federal funding related to a Drug and Alcohol Program that did not exist. After notifying HACC of this problem, Mr. Crawley implemented a Drug and Alcohol Program during the 2008-2009 school year. Under this program, audits must be conducted every two years. Thus, Mr. Crawley conducted HACC's first and only biennial Program Report in 2011. In or about December 2012, the United States Department of Education ("USDE") sent two inspectors to HACC to audit all aspects of the college's federal student aid. Manuel Loera, an Institutional Review Specialist with USDE, met with Mr. Crawley on December 5, 2012,
EMPLOYMENT LAW EDUCATION LAW LITIGATION

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2 March 20, 2013

regarding HACC's Drug and Alcohol Program. The following week, USDE requested documentary information from Mr. Crawley, including HACC's most recent biennial reports for the Drug and Alcohol Program. Mr. Crawley cooperated with the USDE to the extent he could, providing HACC's policies and the 2011 Program Report, among other requested items. Mr. Crawley advised his direct supervisor, Lisa Sanford, formerly HACC's Chief Human Resources Officer, that HACC did not have any biennial reports prior to 2011. He advised her that he would be unable to fully comply with the USDE documentary request and would have to disclose HACC's non-compliance with required recordkeeping for years 2009 and before. Ms. Sanford agreed with Mr. Crawley's concerns and his intent to truthfully disclose HACC's past noncompliance. She reported to Mr. Crawley's concerns and intended truthful disclosure to USDE. In response you asked Ms. Sanford if Mr. Crawley was sure that a 2009 (or earlier) report did not exist. She confirmed his certainty that HACC had no reports predating 2011. On or around December 18, 2012, USDE requested the 2009 Program Report. Mr. Crawley informed USDE on December 19, 2012 that, to his knowledge, the 2011 Program Report is the only report to date and that a 2009 Program Report does not exist. The following day, December 20, 2012, Mr. Crawley personally informed you of his concerns with HACC's non-compliance with this program and its implication for receipt of federal funds. You responded to Mr. Crawley and Ms. Sanford with an email stating. "Please let me know what we need to do to alleviate your concerns (which you mention twice) or those of the Department of Education." Both Mr. Crawley and Ms. Sanford immediately drew from your emphasis on the words "to do" (in bold and underline) that you were suggesting for Mr. Crawley to create a false report. Mr. Crawley informed you on December 21, 2012, that the only action he was taking with regard to the USDE request was to wait for the USDE response to his truthful disclosure that no other records existed. Ms. Sanford subsequently resigned her position in mid-January 2013. After Ms. Sanford's resignation, you have imposed demands on Mr. Crawley through repetitive emails making oftenunreasonable demands, mostly with demeaning and snide remarks about Mr. Crawley and his job security. Examples of these demands include: On February 28, 2013, at 5:50 PM, you sent Mr. Crawley an email with 13 questions that opened as follows: "Please answer the following questions for me by the end of your day, today, with three, single sentence bullet points." The words "three, single sentence bullet points" were in bold, underlined and a font size roughly twice that of the rest of the email. The use of such email formatting is unprofessional, inappropriate, childish and abusive. Furthermore, your email directed him to answer the 13 questions "by the end of [Mr. Crawley's] day, today," an absurd demand to make of someone at 5:50 P.M. The same day, at 5:59 PM, you sent Mr. Crawley an email with a request for seven pieces of information, the last of which was "Name of your successor in case you won the lottery, tomorrow" [sic].

Mr. Crawley reasonably believes that your demands on him are retaliation and discrimination for his providing USDE with truthful information (albeit damning to HACC). You have since attempted to make Mr. Crawley a scapegoat for several of HACC's recent public embarrassments.

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March 20, 2013

For the above reasons, Mr. Crawley believes that his job is in danger. Your retaliatory methods are illegal and must cease at once. First, I write to remind you that HACC has been receiving funding under the U.S. Department of Education General Administrative Regulations (EDGAR) for Drug and Alcohol Abuse Prevention from 1991 to the present, all while being noncompliant with this program's federal guidelines until 2008. HACC's compliance with these requirements ultimately occurred due to Mr. Crawley's advocacy for a Drug and Alcohol program immediately upon his appointment to the position of Safety Coordinator in 2006. In that role he promptly identified a concern for HACC's eligibility for the receipt of financial assistance in the absence of such a program, and corrected HACC's non-compliance with the Drug and Alcohol program. Second, the federal False Claims Act, 31 U.S.C. 3729-3733 (the "FCA"), prohibits (among other offenses) making false or fraudulent claims to the federal government for payment, or conspiring with others to get a false or fraudulent claim paid by the federal government. Mr. Crawley has clearly advised you that HACC's receipt of federal funds may violate the FCA, and he has openly rebuffed your suggestion that he falsify one or more documents to cause payment of a false or fraudulent claim to HACC. Third, Section 3730(h) of the FCA prohibits the discharge, demotion, harassment or discrimination against a person who took lawful acts to stop a violation of the FCA. We advise you that your actions against Mr. Crawley constitute harassment and discrimination in violation of the FCA. Any further actions against Mr. Crawley will add to and exacerbate the existing violation of the FCA. Be advised that, under the FCA, Mr. Crawley will be entitled to all relief necessary to make him whole, including reinstatement, double back pay, compensation for any special damages, and litigation costs and reasonable attorneys' fees. Fourth, Pennsylvania's Whistleblower Law, Act of Dec. 12, 1986, P.L. 1559 (the "PWL"), 43 P.S. 1421 et seq., prohibits discrimination or retaliation against a employee who makes a good faith report of waste or wrongdoing. Mr. Crawley's verbal and written alerts to you and Ms. Sanford, to the effect that HACC's past non-compliance with Drug and Alcohol policy violates EDGAR and places HACC's federal funding at risk, makes Mr. Crawley a "whistleblower" subject to the protection of the PWL. Be advised that, under the PWL, Mr. Crawley will be entitled to reinstatement, back wages, full reinstatement of fringe benefits and seniority rights, and all or a portion of the costs of litigation, including reasonable attorney fees and witness fees. I write to place you on notice that if any adverse job action is taken against Mr. Crawley, the offending persons and/or HACC will face litigation under the above statutes. Mr. Crawley will pursue all necessary claims against all responsible parties, including any and all persons with individual liability, to recoup any losses from the above-described conduct. Because the above matters may implicate potential litigation, HACC must accordingly preserve all evidence (including documents, email and other communications) that pertain to the USDE audit and all communications to Mr. Crawley regarding his employment. HACC's failure to preserve this information could result in a legal finding that HACC has caused the spoliation of evidence.

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Please have HACC's lawyers respond to me with the steps that HACC will take to ensure that harassment and retaliation of Mr. Crawley is stopped and that no adverse employment action is implemented at Mr. Crawley.

Sincerely,

FRANK P. CLARK cc: Todd Crawley