From: Ruggeri, Robert [mailto:Robert.Ruggeri@suny.

edu] Sent: Tuesday, December 17, 2013 4:43 PM To: Rick Ostrove Cc: Baker, Jessica Subject: Malkand message to faculty re Declaration of Satish Tripathi 12 16 13 Importance: High

Dear Rick:

As discussed in today’s call, and as I predicted in our earlier conversation last week, attached please find your client’s email missive to the faculty and the UB student newspaper concerning President Tripathi’s declaration. Your client attached the declaration to his email.

Bob Ruggeri

Robert E. Ruggeri Senior Managing Counsel
Office of General Counsel The State University of New York State University Plaza - Albany, New York 12246 Tel: 518.320.1400 Fax: 518.443.5137
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From: Jeffrey [mailto:jeffrey_malkan@msn.com] Sent: Tuesday, December 17, 2013 9:06 AM To: Aaron Mansfield; newsroom@ubspectrum.com Subject: message to faculty re Declaration of Satish Tripathi 12 16 13 Dear Colleagues, At this point, because of the evidence he had to review in response to a federal subpoena, President Satish K. Tripathi acknowledges that he is aware of my allegation that Makau W. Mutua lied to a state administrative tribunal (PERB) about a material fact in this litigation -- the vote of the Promotion and Tenure (P&T) Committee on my faculty appointment.

In order to protect himself from live questioning under oath, President Tripathi chose to submit an affidavit swearing that he knew nothing about my allegations against Dean Mutua. He claims that he is not briefed about University legal matters and does not read legal correspondence addressed to him. As a consequence, he claims he was unaware of the five letters I sent or copied to him as well as the two news articles published by the Spectrum, in the latter of which (April 2013) I accused him of complicity in a cover-up and obstruction of justice. He has given no indication, however, that the University plans to change its legal position as a result of what he knows now. I have had to pursue legal remedies and seek media attention only because Dean Mutua has been unwilling to meet with me over the past five years in any forum and President Tripathi has been unwilling to investigate or even receive any information from me or anyone else about the situation in the law school. In fact, his counsel claims that my reasons for seeking his testimony were "dubious" and a "waste of his time." My most recent effort to present my case to the University was March 1, 2013, at the mandatory mediation required by the rules of the Western District of New York, but neither President Tripathi nor Dean Mutua appeared, nor any other authorized representative of the administration. No faculty member, student, or employee of the University should ever be treated inhumanely or disrespectfully, much less bullied and defamed, nor should employment contracts be broken and academic standards and procedures suspended at the whim of the Dean. Honesty and civility were the unquestioned norms of conduct before President Tripathi and Dean Mutua took office, but now they seem like quaint, archaic notions. I think the faculty and students of this institution have a right to know what is going on in the law school and to question whether its integrity has been compromised by President Tripathi's disengagement and Dean Mutua's violations of law and legal ethics. Sincerely,

Jeffrey Malkan