From: jeffrey_malkan@msn.com To: jbaker4@buffalo.edu; robert.ruggeri@suny.edu CC: cewing@buffalo.edu; ubprovost@buffalo.edu; averydianne@gmail.com; svm@buffalo.edu; eemeid@buffalo.edu; gbinder@buffalo.edu; mcclusk@buffalo.edu; steinfel@buffalo.edu; nolsen@buffalo.

edu; imarcus@buffalo.edu; jljarvis@buffalo.edu; jrnewton@buffalo.edu; schlegel@buffalo.edu; jwooten@buffalo.edu; finleylu@buffalo.edu; jgard@buffalo.edu Subject: my report to you of Dean Mutua's criminal misconduct Date: Thu, 6 Mar 2014 13:30:11 -0500 Dear Ms. Baker and Mr. Ruggeri, Please consider this an official report of a crime committed by a senior member of the administration. This e-mail is part of the record I am compiling to document my case. You are responsible for seeing that your client, President Tripathi, is fully advised and informed. My allegation is that Dean Mutua gave perjured testimony regarding my faculty appointment at the PERB hearing in Albany on March 31-April 1, 2010. By so doing, Dean Mutua leveraged the credibility of the Dean's Office to perpetrate a miscarriage of justice. He is attempting to do the same in federal court with his perjured testimony of December 19, 2013. At that deposition, he also accused former-Dean R. Nils Olsen and former Vice-Dean Susan V. Mangold of vandalizing the Dean's Office personnel files in order to conceal their attempts to subvert the integrity of the faculty. In fact, Dean Mutua himself destroyed these subpoenaed documents. By defaming two esteemed legal educators of the highest ethical standards, Dean Mutua has taken dishonesty and incivility to a new low. Despite Dean Mutua's abuse of his powers, President Tripathi has left him sitting in the Dean's Office. Any responsible University President would recognize the jeopardy to the institution and appoint an interim dean while commissioning an impartial investigation to clear Dean Mutua's name, if that is possible. On the other hand, if my allegations are true, the University should consider whether Dean Mutua's malicious and criminal misconduct represents good cause for revoking his faculty appointment. Finally, you drafted an affidavit for President Tripathi, which he signed in full knowledge that his statements were, at best, admissions of callous indifference to his legal obligations and oversight responsibilities as University President. My opinion, however, is that it isn't the least bit plausible that the President's legal counsel concealed from him the facts and circumstances I have recited here. President Tripathi's failure to respond to this crime is compelling evidence that he already knew the facts that supposedly he did not learn until he signed the affidavit you prepared for him in

December. This University is not an organized crime enterprise where the President can surround himself with subordinates whose purpose is to give him plausible deniability for his wrongdoing. In any event, that is not a strategy that his counselors can aid and abet.

Sincerely,

Jeffrey Malkan