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Submitted on Monday, May 9, 2016 - 13:13
Submitted values are:
--Personal Information-Salutation: Mr.
First Name: Jeffrey
Last Name: Malkan
Email Address: jeffrey.malkan@outlook.com
Comments:
re: Malkan v. Mutua; Malkan v. State University of New York (Buffalo); NYSUT/UUP v. SUNY Buffalo
(May 9, 2016)
Dear Colleagues,
On October 5, 2015, President Satish K. Tripathi issued a persona non-gratis letter that authorized my
arrest for criminal trespass if I am apprehended on campus. Interim Dean James A. Gardner took the
opportunity to issue a warning that I represent an "imminent" (though not "immediate") danger to the
faculty.
This bizarre hoax was contrived by University officials for the purpose of discrediting the victim of a
crime committed and covered-up by those same University officials. It was based on extreme and
outrageous lies and slanders that Makau W. Mutua and James A. Gardner started spreading eight years
ago.
At the time, the union intervened on my behalf to protect the academic freedom of the entire faculty
after it had became clear that former-Dean Mutua's bullying and grandstanding was making it difficult
for some of us to function in the workplace, but to no avail.
I have never had an opportunity to withdraw from this situation. Two mediations have been held, one at
Public Employment Relations Board on February 12, 2009, and one at the Offices of Hodgson Russ on
March 1, 2013. Makau W. Mutua refused to participate in either. His personal attendance was required
at the latter, under the mandatory ADR Plan of the Western District of New York, but he defied the
Court and did not show up.
Although he was finally removed from the Dean's Office at the end of the fall 2014 semester, he is still

protected by President Tripathi and is still drawing a full-time base salary of $300,000 while he is on a
three-semester "sabbatical," plus a full-time salary at another institution and an additional full-time
salary for his wife, who has taught a total of two credits this year.
The President's Office has the duty of supervising the Dean's Offices of the various colleges and
departments to make sure that they do not go off-track on their own private agendas. SUNY Counsel has
the duty of advising the President's Office about how to comply with the law. The Attorney General's
Office has the duty of defending the law and prosecuting crimes. None of this has happened.
My initial appointment was recommended by the Appointments Committee, followed by a two-thirds
majority vote of the faculty. My reappointment was recommended by a majority of the Promotion and
Tenure Committee, which is a committee of the whole, in accord with the faculty's rules and procedures.
My letter of appointment was signed by former-President John B. Simpson. My contract was signed by
former-Dean R. Nils Olsen, Jr., and it was backed by the Faculty Bylaws and the full faith and credit of
the faculty. Former-Dean Mutua did not have the authority to nullify my contract or revoke my faculty
appointment, which is why he lied about the vote of the Promotion and Tenure Committee.
A law school faculty cannot acquiesce to the arbitrary use of power for the self-gratification of two
malicious individuals. Law school administrators are amateurs who are lifted from the ranks of the
faculty and then return to it. Any person in the room could become the dean next month or next year.
President Tripathi does not believe that his administration is checked by any legal constraint and SUNY
Counsel refuses to tell him otherwise. The chilling effect on the faculty and its loss of coherence should
have been foreseeable.
What was not foreseeable was that the Law School would ever have a dean who would be capable of
lying under oath about a faculty appointment. Even worse, he subverted the judicial process in an
attempt to justify his violation of the faculty's own due process rules. Very few non-violent crimes could
have inflicted as much damage on the victim and his community. This administration and its counsel
have crossed bright lines for which I expect they will be held legally accountable before this is over.
Sincerely,

Jeffrey Malkan

Thanks,
New York State Attorney General Web Team