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Thank you for sending your comment to the New York State Attorney General .

Submitted on Friday, May 20, 2016 - 09:05

Submitted values are:
--Personal Information-Salutation: Mr.
First Name: Jeffrey
Last Name: Malkan
Email Address:
re: Malkan v. Mutua; Malkan v. State University of New York (Buffalo); NYSUT/UUP v. SUNY Buffalo
(May 20, 2016)

The first certified letter I received from this University, on August 28, 2008, was the twelve-month
notice of non-renewal from former-Dean Makau W. Mutua, informing me that he was terminating my
employment because the "Research and Writing" program had been abolished and replaced by the
"Skills" program. The second was the "persona non gratis" letter issued by the President's Office on
October 5, 2015, informing me that I would be arrested for criminal trespass if I ever again step onto this
During my last year in the Law School, former-Dean Mutua (1) spread slanderous rumors about my
character and competence, which he refused to disavow, (2) refused to meet with me about the LRW
program, (3) refused to let me speak in the Academic Planning and Policy Committee (APPC), (4) blocked
me from being heard in the Grievance Committee, and (5) blocked me from being heard by the full
tenured faculty.
What ensued for me was seven years of litigation and five acts of perjury (four by former-Dean Mutua
and one by President Satish K. Tripathi) in both state and federal courts. Former-Dean Mutua refused to
participate in the mandatory federal mediation process. In addition, my Dean's Office personnel file was
vandalized and my P&T dossier mysteriously "disappeared into thin air." To this day, former-Dean
Mutua maintains that the Promotion and Tenure Committee (P&T) Committee, in April of 2006, did not
take action on my application for 405(c)-protected status (i.e., clinical tenure) and instead voted to
recommend a one-year terminal contract. He also maintains that former-Dean Nils Olsen and formerVice Dean Sue Mangold conspired with me to circumvent the faculty personnel procedures by
promoting clinical imposters.
For his part, President (former-Provost) Tripathi still maintains that he did not know about my

allegations of perjury against former-Dean Mutua, even though the story was reported on the front
page of the UB Spectrum, which he claimed he does not read. He continues to block any investigation
and to subsidize Makau W. Mutua and Athena D. Mutua on full-salary sabbaticals of dubious legality,
three and two semesters respectively. Finally, SUNY Counsel argued in both state and federal courts that
the Law School had obtained its re-accreditation over the past two ABA cycles based on bogus Faculty
Bylaws and fraudulent employment contracts.
This has gone far beyond posturing, bullying, and grandstanding into a crime committed with the intent
of inflicting as much harm as possible, short of violence, on an innocent person.
The dignity of the legal profession cannot be reconciled with a Law School Dean who commits perjury,
another who files false police reports, a University Provost who perpetrates fraud on the Law School's
accrediting agency, a University President who obstructs justice, and an Attorney General who defends
criminal misconduct by state officials. It is difficult to imagine that the public will not perceive this case
to be yet another reason to distrust lawyers and their institutions.
My position is that Satish K. Tripathi, Makau W. Mutua, and James A. Gardner, and the six tenured law
professors with direct knowledge of the facts who have withheld evidence for personal advantage must
be given their due process rights, but that the University and the Attorney General cannot end this
litigation with me unless they commit to the process of investigating and acting upon the truth.

Jeffrey Malkan

New York State Attorney General Web Team