Report: #1412602

Complaint Review: University of Alabama Compliance Office

  • Submitted: Sun, November 19, 2017
  • Updated: Sun, November 19, 2017
  • Reported By: Duluth Georgia United States
  • University of Alabama Compliance Office
    1720 2ND AVE SOUTH
    Birmingham, Alabama
    United States

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Details have been already docuemented to both University and Rip Off Report "Crystal Bay Caterers Sam LoPiccolo Catering Concerning Health Inspection report - consistent violations and fines and fines going back to 2012 Boca Raton Florida"

Below are specific area's of Code of Conduct this office has failed to show good faith.  Entire Code of Conduct can be found on thier website:

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Background

The University of Alabama at Birmingham (UAB) Enterprise is committed to conducting its affairs in ways that promote mutual trust and public confidence.  All members of the UAB community are responsible for sustaining the highest ethical standards of excellence, integrity, honesty, and fairness and for integrating these values into teaching,  research, patient care, business practices, and other services.  Ethical conduct is a fundamental expectation for every UAB community member.  
  

Scope


This Code of Conduct applies to all members of the UAB community, including faculty, staff, volunteers, contractors, agents, affiliates, and others providing services to UAB or  on behalf of UAB.

 

Standards of Conduct
 
The UAB Code of Conduct is a shared statement of commitment to uphold the ethical, professional, and legal standards used as the basis for daily and long-term decisions and actionsAdherence to its spirit, as well as its specific provisions, is critical to UAB’s continued success.  Each member is individually accountable for his or her own actions, and the UAB community is collectively accountable for upholding these standards of behavior and for compliance with applicable laws and policies that guide UAB’s work.
  


4. Use confidential information responsibly 
 
UAB community members are creators and custodians of various types of confidential, proprietary, and private information.  Each UAB community member is required to comply with federal and state laws and regulations agreements with third parties and UAB policies pertaining to the use, protections, and disclosure of such information.  UAB community members are expected to:

* Learn and follow all laws, UAB policies, and agreements with third parties regarding access, use, protection, disclosure, retention, and disposal of public, private, and confidential information;
 
* Maintain information security using appropriate electronic and physical safeguards;

 
5. Acknowledge and appropriately manage conflicts of interest
 
UAB community members who are UAB faculty and staff owe their primary professional allegiance to UAB and its mission to excel in the highest levels of education, patient care, research, and scholarship.  UAB community members have an obligation to be objective and impartial in making decisions on behalf of UAB.  External professional activities, private financial interests, or the receipt of benefit from third parties can cause an actual or perceived conflict between UAB’s
interests and an individual’s private interests.  UAB community members are expected to: 

*Disclose relationships with third parties, such as consulting, board  membership, or professional services, in accordance with UAB's process to ensure objective  judgment in purchasing, research, and other UAB business and to identify any potential or actual conflicts of interest; 

*Ensure one’s personal relationships do not interfere with objective judgment in decisions affecting UAB employment or academic progress of any UAB community member

8. Document, code, bill, and collect in accordance with applicable rules and regulations

UAB treats every notice of suspected compliance violation very seriously and considers reports of suspected noncompliance to be a service to UAB.  Reporting a compliance concern in good faith will not jeopardize one’s employment.  No such protection is extended to UAB community members reporting in bad faith.  

* UAB prohibits UAB community members from retaliating or allowing retaliation against another community member for reporting activities suspected of violating laws,  regulations, contractual obligations, or UAB policy. 

* Confirmed violations of this Code of Conduct will result in appropriate consequences for the violators, up to and including termination of employment or other relationships with UAB.

 

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This report was posted on Ripoff Report on 11/19/2017 10:01 AM and is a permanent record located here: http://www.ripoffreport.com/reports/university-of-alabama-compliance-office/birmingham-alabama-35294-011/university-of-alabama-compliance-office-code-of-conduct-violation-birmingham-alabama-1412602. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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Updates & Rebuttals

REBUTTALS & REPLIES:
3Author
0Consumer
0Employee/Owner

#1 Author of original report

Amendment to Complaint 2 / include Title IX Sexual Violence and Sexual Misconduct Policy UoA Nov 22 2016

AUTHOR: Michael - (United States)

Amendment to Complaint 2 / include Title IX Sexual Violence and Sexual Misconduct Policy UoA Nov 22 2016

Relevant section:


It is the responsibility of every member of the University community to foster an environment free of Prohibited Conduct. All members of the University community are encouraged to take reasonable and prudent actions to prevent or stop an act of Prohibited Conduct (insert plaintiff - this is interpreted as knowing and/or defending said action. Hypothetical question “did you or do you know who is harassing the wife for something the husband has done” – person refuses to say NO, but implies they do know, but feels action can be justified by stating “I will explain” latter.  Again, email backup will be provided in 10 days.) The University will support and assist community members who take such actions. Retaliation against an individual for making a claim (insert plaintiff - as in providing additional, confidential information to harasser to aid in his/her harassment – email or phone number not previously known by harasser) of Prohibited Conduct or having participated in the reporting, investigation or resolution of a claim of Prohibited Conduct is also a violation of this Policy and constitutes Prohibited Conduct.


IV. Free Speech and Academic Freedom
The faculty and other academic appointees, staff, and students of the University enjoy free speech protections. This Policy is intended to protect members of the University community from discrimination, not to regulate protected speech (insert plaintiff- assumes non employees share same protection since this refers to First Amendment ). This Policy shall be implemented in a manner that recognizes the importance of rights to freedom of speech and expression. – (insert plaintiff: i.e. attempt stop communications advising users - or potential users - of catering services with reported state health inspection issues of kitchen environment and practices)


Supplemental
For purposes of this complaint, plaintiff agrees to use UoA definitions/standards outlined in their policy.

SEXUAL ASSAULT/SEXUAL CONTACT/SEXUAL EXPLOITATION
Non-consensual sexual contact means any intentional sexual touching (or an attempt to commit the same), however slight, with any object, by person upon another person, and, without consent or by physical force. Sexual touching is any intentional contact with the breasts, buttocks, groin, or genitals; or touching another with any of these body parts; or making another touch you or themselves with or on any of these body parts; or any intentional bodily contact in a sexual manner not involving these body parts.

Sexual exploitation taking non-consensual or abusive sexual advantage of another for one’s own advantage or benefit or to benefit a person other than the one being exploited.

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#2 Author of original report

Timeline of complaint

AUTHOR: Michael - (United States)


•October 2017 sent update on hospitality health risk advisory to “at risk” companies and associations about poor sanitation report given to Crystal Bay Catering, Boca Raton, by the Florida State Health Department.


•Week of 10/30, Mrs. Cathryn Byrd, Office Associate II, University of Alabama posted a counter post to one of these health alerts on Google reviews. On line statement indicated she had booked several events with Crystal Bay Catering and countered Florida Health department poor sanitation reports. Mrs. Cathryn Byrd LinkedIn page indicates she books functions for the University Of Alabama Department Of Health Services.


[For record: Mrs. Cathryn Byrdis close friends with Sam LoPiccolo, owner of Crystal Bay Catering; Ms. Byrd step mother (Teresa Harrington) and father (Art Harrington) own a company named Ancomp DMC. Crystal Bay Catering is Ancomp’s official catering company and the owner Sam LoPiccolo is close friends with both Mr. and Mrs. Harrington – parents of Cathryn Byrd.]

•11/3 My wife got a call at work – the person refused to identify herself, but made it a point to provide enough information to limit it to three persons 1) Mrs. Cathryn Byrd and 2) Mrs. Teresa Harrington and 3) Mrs. LoPiccolo. This person was extremely rude and threatening. Caller demanded all negative reviews of Crystal Bay Catering be taken down from the internet under threat of more harassment at work.


•11/4 early PM; I found out about said call and called all three parties work phone numbers to confront them over harassment call, none were available, left voice mail messages.


•Sent email 11/4 9:00 PM – further reflection narrowed suspects to Cathryn Byrd, or because of her close relationship with Teresa Harrington, Cathryn Byrd would know if Teresa Harrington had made call.


To: Cathryn Byrd,

Office Associate II

University of Alabama at Birmingham

 

CC Direct Supervisor

Christy Lemak PhD, FACHE

Professor and Chair, Department of Health Services

University of Alabama at Birmingham

 

Mrs. Byrd, this is a follow up to my voice mail message I left on Sunday 11/4; I am copying Ms Lemark to insure you receive this message due to the urgency in following up on this event - as well as make sure all realize the seriousness of this matter - not just for myself, but possibly for XXXXXXX Corporation, yourself and the University.

My wife received a threatening harassment phone call on Friday afternoon at her place of employment (I assume this is working hours for you as well, thus this event also happened while you were working for the University.)

This person refused to identify themselves, but their description of who they were it is clear they know you intimately. The subject was a consumer complaint against Crystal Bay Catering, which we also know you have an ongoing …. relationship with. The person making this call stated [I had reposted negative Florida Health inspection reports on the Rip Off report and they wanted me to remove it or] threatened more harassment calls against my wife.

It would expedite this …. process if you would go on the record and confirm

1.You did not make this anonymous threatening phone call to my wife from your office at the University, or any other place for that matter.


[or]

2)  Advise us who did or might have made this call. We have reason to believe your step mother, the owner of a company called ANCOMP, that has a business and a personal relationship with Crystal Bay Catering, the subject of the threatening phone call - is the person behind this act. Definitively confirming if this is true, or if not and why - would go a long way to show good faith by all parties involved in this issue.

•11/4 10:15 PM


Email to me

 

From:

Cathryn Byrd,

Office Associate II

University of Alabama at Birmingham

 

CC

Christy Lemak PhD, FACHE

Professor and Chair, Department of Health Services

University of Alabama at Birmingham

 

“I am glad to explain on Monday.” 

 

•11/5 6:45


Email From me

 

To:

Cathryn Byrd,

Office Associate II

University of Alabama at Birmingham

 

CC

Christy Lemak PhD, FACHE

Professor and Chair, Department of Health Services

University of Alabama at Birmingham

 

What would be professional would explain to me and my wife why ….  [Cathryn Byrd event planner for UofA] and/or family member [Teresa Harrington President of Ancomp] is calling, not me, but my wife - over a time frame that would indicate  [Cathryn Byrd] was under the supervision of the University.

 

What is the to explain? - did you call my wife, or know who did - these are binary questions. A definitive and on the record NO would [end this]…. If you have to explain it, that indicates you did it, but feel your action was justified.

To be clear, this is, at minimum, the below incident we are discussing. 

Nuisance calls encompass any type of unwanted, unsolicited, telephone call. Common types of nuisance calls include prank calls, telemarketing calls, and silent calls. Obscene phone calls and other threatening calls are criminal acts in most jurisdictions, particularly when hate crime is involved.

 

•11/5 @ 4:23 PM


No response from from Cathryn Byrd or Christy Lemak 

 

Processed Work Place Harassment / threatening phone calls Code of Conduct Complaint to:

Teresa D. Bragg, CPA, CHC, CRMA

University Compliance Officer

University Compliance Office, University of Alabama

 

Referenced Section 7.3 / Employee Behavior and the Working Environment

• Failure to cooperate in an investigation or providing false information during an investigation

 

• Failure to disclose conflicts of interest or failure to eliminate a conflict of interest when so directed

 

• Harassment to include sexual harassment

 

• Negligence, abuse or unauthorized use of UAB property or equipment

 

Also included the following information

……. [Mitigation to sanitation report action is an event that happened 11 years ago].  Mr. Sam LoPiccolo sexually harassed XXXXX at an ANCOMP party (catered by ANCOMP, held at their home).  This harassment included Sam [LoPiccolo] grabbing XXXXXXX face repeatedly and kissing XXXXXXX on the face.  XXXXXXX try to stop Sam from this behavior by embarrassing him by asking him if he was gay.  Instead of stopping, in front of XXXXXXX, XXXXXXX and others, he literally dropped his pants and pressed his bare bottom against XXXXXXX leg.

 

[Report included an offer to set up an interview with the University of Alabama investigator and my wife (via my wife HR department) to provide direct testimony on why we felt Cathryn Byrd or Teresa Harrington who made these threatening calls.  University declined this invitation, in fact did not respond at all.]

 

11/5 AM My wife received harassment email from CRYSTAL BAY CATER <crystalbaycater@bellsouth.net.  Person self-identified himself as Sam LoPiccolo.  My wife advised Sam LoPiccolo not to contact her again and forward all documentation to her HR department.

 

•11/ 9 1:22 PM I sent email to


Teresa D. Bragg, CPA, CHC, CRMA

University Compliance Officer

University Compliance Office, University of Alabama

 

Please be advise(d) the individuals that were harassing my wife at work via phone calls and emails have been identified. They were:

 

Sam LoPiccolo
 Owner
 Crystal Bay Catering
 1728 Avenida Del Sol
 Boca Raton, FL 33432
 561.338.4742

TERESA HARRINGTON
 Owner
 Ancomp
 160 W. Camino Real #224
 Phone
 561.792.8018

This matter is now being handled by my wife's HR department with XXXXXXX Corporation, regional office in Atlanta Ga.

 

Based upon this development, I am withdrawing my Code of Conduct complaint against the University Of Alabama School Of Health Professionals and Mrs. Byrd.

 

•11/13, 8:01 received email from CRYSTAL BAY CATER <crystalbaycater@bellsouth.net  Person self-identified himself as Sam LoPiccolo.


Michael X. XXXXX, (aka R. Justice, Mark J., R.J., ByrdLady, ( ex wifes last name in which changed to from the other alias’ ) and other Ripoff report alias’).

We have learned that you’ve withdrawn your complaint against Katie Byrd, your xxxxx xxxxxx, and the University of Alabama. The complaint was baseless, mean and merely reflects your anger at your own failures. Clearly, you are in no position to defend your senseless actions.

A review by the University of Mrs. Byrd’s records, telephone, email, message or other means of communication, prove only that you have established a one way communication, sent her lengthy emails and left her detailed voice mails. None of which has she responded to. Your points of contact that you have used are email address xxxxxxxxxxxx and the phone number of xxx-xxx-xxxx

[Various threats and insults – side not, only one voice mail message was left to Mrs. Byrd’s, in response to threats made to wife and strong indications Mrs. Byrd made these threats were done by Ms. Byrd’s or she knew who did them ]

In going further, in discussion with council you are being advised not to further contact and leave threatening and harassing messages to my wife and her business associates, to stop forthwith in leaving anymore negative reviews about Crystal Bay Catering and the companies employees on the internet, as well as ANCOMP and its employees, remove and or amend the negative reports, reviews that you have left on the various internet sites, I.E. Ripoff reports, Google, Yelp, Yellow Pages etc.

[More threats and insults]

[Side Bar: In that person who called and harassed my wife identified herself as the wife of owner – we assume it was Owner of Crystal Bay Catering, so one phone call was made to Mrs. LoPiccolo, no emails were sent.  A voice mail message was left, as well as an apology if we had gotten the wrong person (in that the other information or “hints” seem to point to Cathryn. Byrd’s or Teresa Harrington.)

It was not until latter we determined it was the wife of owner Ancomp, Art Harrington, which met the caller was Teresa Harrington. Why she would identify herself as the wife of owner, but not provide her name or company, when such information is easily identified latter, is unknown – but while it did eventually provided information to make a final identification, it did cause initial confusion of identification; thus the unnecessary phone call to Mrs. LoPiccolo – for which we again apologize for.]

•11/16 2:40 PM email sent by me to Teresa D. Bragg, CPA, CHC, CRMA, University Compliance Officer, University of Alabama

 

I am sorry ……… just cannot get my head around what your University did - I just wanted to make sure, you did get this email? 

It clearly states that we found out it was not Ms. Byrd, it was her Step Mother that was the phone harasser of my wife (and I admit I was really angry when she told me how nasty and rude that person was to my wife - to be honest, I think I showed a lot of restraint in my phone call to Ms. Byrd - and my emails to your staff).

We also warned you that Sam LoPiccolo Crystal Bay Catering was harassing my wife.  Why would you share more information with him to enable his behavior even more?

We did an anonymous report on the Rip Off report because of [our experience with] Sam LoPiccolo behavioral / physical abuse history. On top of that, when he identified who he thought it was, he did not email them or call the male - he did extra research to identify a women to harass, the wife. You all are PHDs, do you not see a pattern here?

I will be honest, you[r] code of conduct is the most moving and professional document on subject I have ever read in corporate America - and your management & staff actual behavior is the most egregious violation I have ever experienced (or even read about).

 

After not getting a response to the above email, filed this online report.

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#3 Author of original report

Amendment to Complaint / include Alabama Code Title 13A. Criminal Code § 13A-4-3

AUTHOR: - (United States)

Amendment to Complaint to include

Alabama Code Title 13A. Criminal Code § 13A-4-3

Note, if good faith overt action not shown from UoA within 10 working days, plaintiff will begin posting email evidence that will include emails to and from UofA, individuals working at UofA  and Crystal Bay Catering to support claims in this complaint.  Disclosure may include those who sent or received said communication. Redaction of information at discretion of plaintiff.

 

 

 

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