Is this illegal?

[ekuemoah]

Is this illegal? Can a department that receives federal funding block a person from using FOIA or a complaint system in their department or organization to resolve a matter because of the person's perceived disability by threatening to take legal action against the person if they do this? The situation involves a complaint about a potential injury that occurred through their property. The person doing it is using their property to do it. This is against their policies. When it happens, it says that you can file a complaint with their abuse department about it. When this happened, without even investigating it, the department took negative action against the complainant for complaining. They told the person that they could not contact the department or anyone int he company ever again about it. If they do this, they will take legal action against them for a crime. The complainant asked them for personal property(emails) that were addressed to an old account they had on the departments property or networks and to look into a harassment issue that is a violation of their terms of use and can lead to injury to the complainant if not resolved.

The person's actions caused a lot of fear, anxiety, stomach problems, and inability to stand up to report any crime involving the person involved to the police. While I'm typing this, I am having stomach discomfort and distress over it because I could not go there and resolve another situation involving my records which would require me to contact the department or business for information. Also, the department ruined my name so that I am not credible against them. I am confused as to what I can or cannot do. Their Cease and Desist letter removes my right to take care of other business with the department. For example, I have false information in my records there that I need to correct. I cannot contact the department that handles this to ask them how to do this. My doing it would be seen as a violation of this request and lead to legal action against me. The letter said that they will not respond to any of my calls or contacts either. I can't even ask them for copies of the emails that were sent to them to make sure that I'm the one who sent them. They will not answer any of my questions but will just go ahead and keep it as evidence of my contacting them against their wishes and take me to court. In the past, I have had my internet account broken into. If it happens again and it's used, I will get into trouble for it. Their saying that they will take me to court if I ask for them again and not willing to answer any of my questions about it is blocking me from being able to defend myself and prevent prosecution of myself if this occurs. I will not find out until the last minute. This has happened before. The person who did it made a false allegation. I discovered this 5 years later. I was not allowed to see any of the evidence either. I cannot request it either from their police department or else I will face legal or criminal action. What can I do about this situation so it does not lead to my being prosecuted for something I did not do or my safety endangered by my not being intimidated from resolving this situation by the person telling me that they will take me to court or arrest me. Based upon their comments, they are doing this because of perceived disability.

 

[tranquility]

Pretend you don't know anything about what is happening. Re-read your post. You need to take a breath and re-write it. (If your prior communications with the other party are similar, I bet I know the reason why they aren't working with you.)

What do you want?

What did you do to get it?

Why did they not give it to you?

 

[Shadowbunny]

All of what tranquility said, and this: US Law Only.

 

[swalsh411]

That is the worst "question" I have read in a long time. I think you do in fact have a disability and that is the inability to form cogent thoughts and communicate clearly in writing.

 

[commentator]

Confusing post. But I love the concept of taking the matter to their abuse department, though.

This sounds like "word salad" and the disability is mental, no question, a building spell of it coming on fast. This OP need to have this sitution evaluated by an attorney. It will definitely do no no good for them to try to procede with anything, as they have been told NO about a goodly number of things they were trying to do.

Are you still employed? I can't quite make it out from reading this.

 

[ekuemoah]

Reply

Oh sorry, I'm not that good with English right now. I was typing really fast and did not get the chance to edit it before pasting it. I read it again and I agree it could be written better.

 

[ekuemoah]

Response to Is this Illegal?

Pretend you don't know anything about what is happening. Re-read your post. You need to take a breath and re-write it. (If your prior communications with the other party are similar, I bet I know the reason why they aren't working with you.)

What do you want?
1.)Emails addressed to myself
I had an Internet account on their network. I shut it down. I wanted to check to see if they received any emails at the account still and to look for the emails, which were addressed to me, on their network. These would go to the dead letter system and postmaster account. I asked them to search for it and give me copies of all emails addressed to me.

2.)Determine if a harasser was using their network to post slanderous remarks about me and something the person did to me. If it was there, it would prove that the person committed a crime against me and was repeating the offense. The person(s) may have used the network to plan an assault crime against me or discussed doing this in their Internet account. I wanted them to look for it to see if it was there or not. If it is, it would be discovered and I would be able to take action against the person or prevent it from happening to me.

3.)University Records considered Business Records
I used FOIA to request records from the University. The records were needed to determine if allegations I recall an individual who was involved in a harassment situation with myself made about the location of evidence was correct or not. The person said that the evidence was in the School's Police Department, which is where the person said the person who harassed me was investigated and had a criminal history. As I became aware of new information or recalled it, I used FOIA to ask them to look for it. The person who harassed me allegedly committed the same crime against another person and was busted for it through the police at the school. The person allegedly interrogated for it in relation to a drug incident. So, I went to ask for these and other records-like complaints about it. I also asked the department how to look for the records. I noticed that there were a lot of false information
written in my records and told to me and the University. I know it's false because what I was told was not what was written down in the notes and letters of the person who gave me the information. I used FOIA to try to get the records, which are considered public records, to determine if other allegations I heard were correct or not.

What did I do to get it?
In requesting the information, I did what the University Policies or the Law said I was allowed to do to try to resolve it without legal action-like a subpoena to get the information. I am an alumni at the U and still have an account there for handling financial aid matters.

Why did they not give it to you?

The person said that they had done the work to look for it and found nothing. The person cited the past work they did. I know that they did not do the work to look for it because the information about location of evidence or request for emails was not known at the time they did the work. I don't see how they could have looked for it and found nothing if they did not know what to look for.

I did not get any email responses back from the computing department either telling me that they found no records or that they could not do the work either. So, I don't know if they found any records or not.

They also did not respond at all to any of my requests. I kept filing requests because I thought they were not getting the emails or were still looking for it. They did not tell me that I was doing anything wrong or ask me to stop doing it.

The person said that they felt that my allegations were all false because all of my complaints I filed against the harasser in the past turned out to be false after being investigated by the school. The school just asked the harasser and his friends(all white). They all said that they were never there and that they did not do any of the things(which involved racial harassment and intimidation) I accused them of doing. However, later, they said that they were always at the place where I said the incidents happened and lived there. The complaint handler(police department and the School Attorney at the time) were biased also by the harasser and the person who investigated the complaint at the school having told them before the investigation that I lie, am a trouble-maker in the school, and have an illness that leads me to say that I am being harassed when I'm not. I was viewed as having this illness only because the white students said that they did not call me racial slurs or harass me. It was my word vs. theirs. The white person who had to decide who was telling the truth is friends with the white students involved. She said that they were telling the truth and concluded that I came up with these ideas because I was in the beginning phases of developing an illness. My saying that I was being abused and harassed were all symptoms of it. Also, the white staff member lied about my symptoms to make me look like I was suffering from her diagnosis and lying if I said that I wasn't, she was favoring the white students or racially insensitive, and that she had lied. I know the person lied because what she says is contradicted by what she wrote down, others observed, and I experienced.

They stopped the investigation after the white staff person told them to ignore my side because of my perceived disability. The police person would not look at my case again. She dismissed it due to disability also. She just accepted the white students word, which is that they did not do anything, as the truth and looked no more for other witnesses or evidence. If I told her that there were witnesses who would not say anything about it, she would not do the investigation because of my perceived disability. It is a mostly white system that has had problems with racism targeted at black students.

Lastly, the person said that she believed that I was seriously ill and deteriorating in health because I had complained and requested the information. She told me and a police department that I filed false complaints, when I had not, because none of my previous complaints were ever proven correct. Because of her view of my health problem, the person said that they would not look for the information and that I could not contact the University ever again. The person said that they would not answer my requests(whether it's by email, phone, letter) for information or respond to any complaints I file in their system. This means that if I am on their campus and I get robbed or assaulted and file a complaint with the campus police, I will be charged with filing a false complaint and not get service. They can also retaliate against me where I live by making me look sicker than I am and pressing charges against me so I will be prosecuted for an offense if I complain or try to sue for the information. The person said they will just keep the contacts on file, not respond to any of them, and take legal action against me if it is needed.


What I currently need to do?

Now, I noticed that there is false information in my records. I would like to change it to include the correct information and my side. I need to ask the University how to change it. I cannot do this because they told me that if I contact them, they will not respond to my questions and will charge me with a crime. I don't know the process involved in doing this and I cannot ask questions about it from them in doing this and get a response. I do not even want to contact them and ask for it because I am afraid that they will retaliate against me and say I violated their request to not contact the U again.

The false information was used as reasons for why my side should be ignored and I had to stop complaining or else face legal action. If it isn't corrected, it will continue to be used against me in society and damage my reputation in all areas of my life.

Also, the evidence in the emails is needed to prove that a stalking crime occurred to me and that my allegations are not in my head. Allegedly, the white students admitted to lying online while boasting about it and their having escaped punishment for doing this to me. The person is violent who likes to harass, stalk, intimidate, threaten me because I cannot have any protection against the person due to perceived disability and I can be retaliated against for reporting their conduct.


I hope this was more easier to understand. I again typed this really fast and did not get a chance to review it. I am studying for an exam, teaching myself PHP and MySQL right now. I've been pretty busy and in a hurry.

Thank You for your help and not being so harsh in your criticism of my post. You were really the nicest and most compassionate in responding to my post.

 

[tranquility]

Apparently, they already responded.

The person said that they had done the work to look for it and found nothing. The person cited the past work they did. I know that they did not do the work to look for it because the information about location of evidence or request for emails was not known at the time they did the work. I don't see how they could have looked for it and found nothing if they did not know what to look for.

You did not believe them, so continued to make requests.

They also did not respond at all to any of my requests. I kept filing requests because I thought they were not getting the emails or were still looking for it. They did not tell me that I was doing anything wrong or ask me to stop doing it.

I suspect the number of requests on the same topic rose to the level of where they felt they were being harassed by you.

The person said they will just keep the contacts on file, not respond to any of them, and take legal action against me if it is needed.

For whatever reason, you have lost the ability to do this casually. Even if they are wrong, they are not going to play with you any longer.

It seems you need an attorney. While this post was far easier to read than the first, you are still having too much going on to give any real answer to you other than that. An attorney may guide as to if you are getting a little too wound up about this and help you chart a course for proper resolution.