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program support. These additional provisions. The letter to Binghamton students who were members, associated items will result in an increase in non- University is in Appendix A of this with, or supporters of a recognized MDE cost of $500 million, causing a notice. Binghamton University student group called Accessible Format: Individuals with ‘‘College Republicans’’ began ‘‘tabling’’ using revised total cost for non-MDE of $1.76 two folding tables displaying fliers and other billion. Major Defense Equipment disabilities can obtain this document in promotional materials in a common area of (MDE) will remain $.04 billion. The an accessible format (e.g., braille, large campus used to promote on-campus total estimated case value will increase print, audiotape, or compact disc) on speeches, activities, and political causes. The by $500 million to $1.8 billion. request to the person listed under FOR College Republicans handed out fliers (iv) Significance: The proposed FURTHER INFORMATION CONTACT. promoting a November 18, 2019, lecture by articles and services will support Electronic Access to This Document: the prominent economist, Dr. Arthur Laffer. Australia’s efforts to modernize its The official version of this document is Other literature from a different organization supporting the Second Amendment but Electronic Warfare support capability the document published in the Federal Register. You may access the official unrelated to the College Republicans was and increases interoperability between displayed on a nearby table. At the U.S. Air Force and the Royal edition of the Federal Register and the approximately 2:00 p.m., approximately 200 Australian Air Force (RAAF). Code of Federal Regulations at persons surrounded the College Republicans (v) Justification: This proposed sale www.govinfo.gov. At this site you can and their tables, shouting threats and will support the foreign policy goals and view this document, as well as all other obscenities. They allegedly destroyed the national security objectives of the documents of this Department College Republicans’ materials and tables published in the Federal Register, in and attempted to chase them away. See United States by improving the security Matthew Benninger, ‘‘Binghamton University of a major Non-NATO Ally that is a key text or Portable Document Format (PDF). To use PDF you must have says ‘provocative’ displays by political partner of the United States in ensuring student organizations led to campus protest’’ peace and stability around the world. Adobe Acrobat Reader, which is (Nov. 18, 2019), https://wbng.com/2019/11/ (vi) Sensitivity of Technology: The available free at the site. 18/binghamton-university-says-provocative- Sensitivity of Technology Statement You may also access documents of the displays-by-political-student-organizations- contained in the original notification Department published in the Federal led-to-campus-protest/. Contemporaneous Register by using the article search applies to items reported here. video footage demonstrates the University’s feature at www.federalregister.gov. police did not impede or prevent the (vii) Date Report Delivered to Specifically, through the advanced conspirators’ violence and intimidation. See Congress: August 26, 2020 search feature at this site, you can limit https://www.youtube.com/watch?v=_X2- 1 [FR Doc. 2020–21632 Filed 9–29–20; 8:45 am] your search to documents published by 96gt9MI. BILLING CODE 5001–06–P the Department. Preliminary information suggests these persons were acting in concert pursuant to a Reed D. Rubinstein, conspiracy. Contrary to law, the express Principal Deputy General Counsel. object of this conspiracy was to injure, DEPARTMENT OF EDUCATION oppress, threaten, or intimidate the College Appendix A Republicans in the free exercise or enjoyment Notice of Investigation and Record of their First Amendment rights. See 18 Requests September 15, 2020 U.S.C. 241; 42 U.S.C. 1985(3). Reported President Harvey Stenger SUNY-Binghamton, social media messages confirming the AGENCY: Office of the General Counsel, P.O. Box 6000, Binghamton, NY 13902–6000 conspiracy’s purpose included, inter alia, Department of Education. ‘‘[y]eah there’s not that many but f— em [sic] via electronic mail ACTION: Notice. up anyways’’ and ‘‘[t]oday on the spine Re: Notice of 20 U.S.C. 1094 Investigation/ Trump supporters are actively advocating for SUMMARY: The Department publishes a Request for Records and Transcribed the Trump administration and gun violence. letter, dated September 15, 2020, Interviews/Binghamton University Join us at 2 as we disrupt this disgusting notifying Binghamton University of an space that Binghamton has allowed students Dear President Stenger: to create and protect the racism, investigation and request for records The U.S. Department of Education homophobia, and xenophobia that has and transcribed interviews. (‘‘Department’’) has become aware of facts erupted from Trump and his supporters’’. See FOR FURTHER INFORMATION CONTACT: suggesting representations made by Editorial, ‘‘To protect free speech, SUNY Patrick Shaheen, U.S. Department of Binghamton University (‘‘Binghamton’’), part Binghamton must throw the book at these Education, Office of the General of the State University of New York, Counsel, 400 Maryland Avenue SW, promising, inter alia, institutional protection 1 On November 14, 2019, less than thirty minutes Room 6E300, Washington, DC 20202. for free speech and free inquiry rights are before the College Republicans began tabling, a misleading to students, parents, and shooter at a California high school killed two fellow Telephone: (202) 453–6339. Email: consumers in the market for education students and injured three others before killing [email protected]. credentials. Instead, there seems to be himself. On November 18, Binghamton’s Vice If you use a telecommunications evidence suggesting Binghamton selectively President for Student Affairs, Brian Rose, imputed applies its stated policies and procedures to knowledge of this shooting to the College device for the deaf (TDD) or a text Republicans without any evidence the College telephone (TTY), call the Federal Relay discriminate against students based on the Republicans knew or could have known of it at the Service, toll free, at 1–800–877–8339. content of their speech and their decision to time they commenced their protected activity. He associate with groups such as the College SUPPLEMENTARY INFORMATION: said: ‘‘The [College Republicans’] display included The Republicans and Young Americans for provocative posters with gun imagery, this being Department publishes this letter, dated Freedom/Young America’s Foundation the same day as the Saugus High School shooting September 15, 2020, notifying (‘‘YAF’’). Consequently, the Department is [so] the [College Republicans] intended to be Binghamton University of an opening an investigation to determine if provocative.’’ See Benninger, supra https:// Binghamton’s conduct related to events wbng.com/2019/11/18/binghamton-university-says- investigation under 20 U.S.C. 1094 to provocative-displays-by-political-student- determine if Binghamton’s conduct occurring between November 14 and November 19, 2019, as more particularly set organizations-led-to-campus-protest/. The related to events occurring between Department is concerned because Rose’s statement forth below, violated applicable statutory, November 14 and November 19, 2019, seemingly contextualizes the police’s failure to stop regulatory, and/or contractual provisions. the threats, intimidation, and violence, and as more particularly set forth in The reported facts are as follows: provides reason to believe Binghamton may harbor Appendix A, violated applicable On November 14, 2019, beginning around systemic bias and animus toward students with statutory, regulatory, or contractual 10:00 a.m., fewer than ten Binghamton Republican or conservative political views.

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bullies’’ (Nov. 19, 2019), https://nypost.com/ 6:45pm to hear the LIES they are feeding Laffer’s driver to remain with the vehicle to 2019/11/19/to-protect-free-speech-suny- republicans !!!!we must put an end to this facilitate Dr. Laffer’s escape if the anticipated binghamton-must-throw-the-book-at-these- clownery. See you there (more emojis)).’’ disruptions occurred. bullies/. These social media strongly suggest Another social media post with the same Shortly thereafter, the doors opened to the that many of the conspirators agreed to images included the message ‘‘COLLEGE lecture hall. Hundreds of students and non- injure, oppress, threaten, or intimidate the REPUBLICAN AND TURNING POINT [sic] students filled the hall, including many College Republicans because of and/or to HAVE INVITED ARTHUR LAFFER, AN conspirators. Dozens wore masks and prevent their exercise of constitutional rights, ECONOMIST/LIAR WHOSE THEORIES clothing with indicia of PLOT affiliation, and many of the persons who acted pursuant HAVE BEEN USED TO JUSTIFY TAX CUTS including armbands, pins, and red shirts. to that conspiracy, were Binghamton FOR THE RICH, AND RAISES ON THE Conspirators remained standing, blocked students. POOR. F— THIS & THEM.’’ The post was access to seating, and stood in the aisles. On November 15, 2019, YAF’s General captioned ‘‘LET’S SHOW UP, SPEAK OUT, Facilitated by Binghamton, the room adjacent Counsel contacted Binghamton attorney AND DISRUPT.’’ These conspiratorial threats to the lecture hall also filled with Barbara Scarlett seeking assurances to disrupt the lecture and violate conspirators. Upon information and belief, Binghamton would protect students’ ‘‘republicans’’ and ‘‘TURNING POINT’’ the object, purpose, and intention of the constitutional rights to freedom of assembly members’ civil rights included threats by the conspirators’ agreement were combined and association during an upcoming lecture Binghamton, New York ‘‘Progressive [sic] action to deny and intimidate Dr. Laffer, YAF by Dr. Arthur Laffer. Scarlett refused to Leaders of Tomorrow (‘‘BING PLOT’’). 2 members, College Republican members, and provide any such assurances. Consequently, Binghamton told the College Republicans other community members in the exercise of YAF hired two protective agents from and YAF the lecture was being moved to a their First Amendment and other Pinkerton Consulting & Investigations, Inc. different hall to provide better egress if constitutional rights. Also, upon information (‘‘Pinkerton’’) to protect Dr. Laffer. university police decided it was necessary to and belief, Binghamton had both actual and On November 18, 2019, Dr. Laffer was remove Dr. Laffer from the lecture. However, constructive knowledge of the wrongs scheduled to give his lecture. notwithstanding clear evidence of a conspired to be done and about to be On that day, Vice President Rose issued a conspiracy by persons with a history of committed. It also had the power to prevent statement in his official capacity blaming violence and lawlessness to violate the civil or aid in preventing the commission of the College Republicans and ‘‘another group rights of College Republicans’ and YAF’s same, yet it appears to have neglected or known as Turning Point’’ for displaying members, refused so to do. See 42 U.S.C. 1986. ‘‘provocative’’ posters and intending to be Binghamton informed the College YAF and the College Republicans asked for ‘‘provocative.’’ He said Binghamton’s Republicans and YAF it was also providing assistance from the University police officers response ‘‘was and will be guided by an adjacent room, connected by a doorway to in getting attendees seated. A university principles and values related to safety, the lecture hall, where ‘‘protesters’’ would be police officer made a single announcement equity, free expression and reason.’’ He said allowed to gather. about the fire code and requested that the conspirators who pulled down the Dr. Laffer arrived at a nearby airport en attendees be seated. Binghamton took no College Republicans’ tables ‘‘acted in a route to the lecture. Upon disembarking from further action to enforce the request or to manner that may have violated University his plane, he and two aides were intercepted inform the crowd that disruptions of Dr. rules. In the context of the incident and in by two university police officers at the Laffer’s lecture would be inappropriate, a keeping with the principles and values noted airport.3 They informed him of their security violation of the University’s policies, illegal, above, the University did not seek to identify concerns for the event, discussed social or the subject of University discipline. While or charge any protesters.’’ (Emphasis added.) media posts threatening to disrupt the event, many officers were present, they remained He said, apparently referring to criticism and asked him to abandon his speaking standing against the walls of the room— regarding Binghamton’s failure to protect a commitment and return to his plane. Dr. making no effort to bring order to the room. student political organization duly Laffer refused and affirmed his commitment At 7:30 p.m., the College Republicans’ recognized by Binghamton and their First to give the lecture as planned. President introduced Dr. Laffer, first Amendment rights from conspiratorial At approximately 6:30 p.m., roughly an announcing to all attendees that all violence and intimidation: ‘‘We acknowledge hour before the lecture, Binghamton officials comments or questions should occur at the the larger political context in our country informed the Pinkerton agents that they end of Dr. Laffer’s lecture, specifically that is polarizing our society. It is expected Dr. Laffer’s lecture to be disrupted welcoming the comments of those who may unfortunate that interests external to the by PLOT and the ‘‘College Progressives.’’ wish to express disagreement. Dr. Laffer went campus have seized upon this incident and University police officers informed the agents to the podium and, within seconds, attempted to mischaracterize it to feed their that if the anticipated disruption neared the conspirators in the second row began own narrative and to attempt to influence our podium, the Pinkerton agents would be shouting to prevent him from speaking. One response. We will not be responding to those ordered to remove Dr. Laffer from the lecture emerged from the side of the hall to hand a external voices or altering our approach as a venue. The police officers also instructed Dr. bullhorn to the shouting protester, thereby result of external pressure.’’ (Emphasis preventing Dr. Laffer from being heard. added.) Rose never mentioned the First 2 BING PLOT is an ‘‘anti-capitalist’’, ‘‘radical’’, Others joined in the hostile display, Amendment. See ‘‘A message from Vice and violent organization aiming to ‘‘create a culture drowning out Dr. Laffer and denying other President for Student Affairs Brian Rose’’ of high-quality accomplices [sic] willing to put their students the right to hear his views. See (Nov. 18, 2019), https:// bodies . . . on the line in the pursuit of justice.’’ https://www.youtube.com/ www.binghamton.edu/president/ See https://www.facebook.com/BingPLOT/. For watch?v=eTqlmDar_hg. statements.html. example, on October 14, 2019, PLOT halted Instead of making a good faith effort to Also, on that day, representatives of the Binghamton’s Columbus Day Parade and several of restore order to allow the lecture to continue, College Republicans and YAF met with its members were arrested and criminally charged. university police ordered Dr. Laffer’s removal See Amy Hogan, ‘‘Binghamton Mayor Condemns Binghamton police and administrative Community Group PLOT, Challenges Other Elected by the Pinkerton agents. This ended the personnel to discuss lecture security. The Officials To Do The Same’’ (Oct. 15. 2019), http:// lecture, allowing the conspirators to police advised of social media posts www.wicz.com/story/41184593/binghamton- unlawfully deny and intimidate Dr. Laffer threatening lecture disruptions (widely- mayor-condemns-community-group-plot- and the students who came to listen in the published images included those of Dr. Laffer challenges-other-elected-officials-to-do-the-sa. exercise of their First Amendment rights. receiving the Medal of Freedom from 3 Customarily, university officials greet visiting Only after the protester with the bullhorn fell President Trump, with black boxes blocking dignitaries like Dr. Laffer upon arrival at the from the chair on which he/she was standing the eyes of both Dr. Laffer and the President, university. On this occasion, unique in Dr. Laffer’s did the university police approach the and calling for protesters to ‘‘Come out and decades of lecturing experiences at American leading protester around whom other universities, not a single Binghamton administrator support BING PLOT, gathering voices to or faculty member welcomed him publicly or protesters then formed a human barricade. speak out against College republicans [sic] privately. Since the event, not one Binghamton (or Conspirators from the adjacent room and Turning Point USA (angry and middle other SUNY) administrator or faculty member has (provided by Binghamton to facilitate their finger emojis) come out to lecture hall 8!!!at communicated publicly or privately with Dr. Laffer. activities) flooded the lecture hall and joined

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the disruption. For approximately an hour, fully empowered, state law enforcement move this investigation forward with all the protesters continued to occupy the officers trained to address the unique needs appropriate speed. lecture hall. of the University campus’’ with The Department requests Binghamton On November 19, 2019, the College ‘‘comprehensive programs and procedures to produce the requested records, make Republicans received email notification that help every member of the University available the identified employees for its status as a chartered student organization community remain safe.’’ See https:// transcribed interviews under oath, and was being suspended for failure to obtain www.binghamton.edu/about/campus- answer the specified questions in accordance proper approval prior to its November 14, safety.html. with the deadlines specified below. See 20 2019, tabling. • Binghamton has generally applicable U.S.C. 1094(a)(17); 20 U.S.C. 1097a; U.S. v. There is no record of Binghamton conduct rules, and these rules will be Morton Salt, 338 U.S. 632, 642–63 (1952); investigating, disciplining, or imposing any enforced consistently for ‘‘any conduct U.S. v. Powell, 379 U.S. 48, 57 (1964); penalty on or sanctioning any other students system to be credible, consistency must be a Oklahoma Press Pub. Co. v. Walling, 327 U.S. or student organization involved in any of central element.’’ Specifically, ‘‘Rule #8’’ 186, 216 (1946); see also U.S. Dep’t of Educ., the above-described events. provides ‘‘[e]ndangering, threatening, Notice of Proposed Rulemaking, 85 FR 3190, In exchange for the annual payment of causing, or attempting to cause physical 3213 n.137 (Jan. 17, 2020) (‘‘The Department approximately at least $10,201.00 in tuition harm to any person or causing reasonable notes that public and private institutions also and fees, Binghamton promises students that apprehension of such harm’’ and may lead to may be held accountable to the Department they will have the freedom to speak, learn, sanctions including a period of disciplinary/ for any substantial misrepresentation under challenge, and dissent. These promises are final probation, suspension or expulsion, the Department’s borrower defense to not merely aspirational goals but rather are educational intervention(s), and a loss of repayment regulations’’); Standard Form representations to students, parents, and housing. ‘‘Rule #19’’ provides ‘‘disorderly 424B; Executive Order 13864, Improving Free consumers intended to create reliance and conduct,’’ which includes disrupting a Inquiry, Transparency, and Accountability at induce attendance. Binghamton’s classroom and blocking access to a roadway, Colleges and Universities, 84 FR 11401 (Mar. problematic representations include but are office, or building, may lead to sanctions 21, 2019); and Final Rule: Direct Grant not limited to: based on ‘‘the level of disruption, the impact Programs, State-Administered Formula Grant • Binghamton fosters ‘‘open dialogue.’’ See on the learning environment, the duration of Programs, Non Discrimination on the Basis of https://www.binghamton.edu/about/mission- the disruption, and safety concerns.’’ See Sex in Education Programs or Activities vision-values.html#. https://www.binghamton.edu/student- Receiving Federal Financial Assistance, • _ _ Binghamton requires all members of the conduct/resources/1920 sanctioning available at https://www2.ed.gov/about/ University community to conduct themselves guidelines.pdf. offices/list/ope/freeinquiryfinalrule • ‘‘lawfully, maturely and responsibly, and to Binghamton is ‘‘absolutely committed to unofficialversion09092020.pdf (Sept. 9, share the responsibility of maintaining upholding free speech’’ and ‘‘will not tolerate 2020). Please be advised the Department standards of behavior that are essential to the efforts to disrupt or shut down gatherings considers your answers to these requests to smooth functioning of the institution.’’ See where academic and personal freedoms are be matters within the jurisdiction of the https://www.binghamton.edu/student- being exercised.’’ ‘‘An end-of-the-year executive branch of the Government of the handbook/policies/index.html message from President Harvey Stenger’’, United States for the purposes of 18 U.S.C. • The ‘‘full exercise of First Amendment (Dec. 23, 2019) https://www.binghamton.edu/ 1001. Accordingly, Binghamton should make rights is encouraged and protected.’’ See president/statements.html every effort to answer our requests fully and • https://www.binghamton.edu/student- ‘‘As an institution of higher education, completely. handbook/policies/index.html. freedom of speech is fundamental to our core • ‘‘Conduct that interferes with or mission; academic inquiry and the exchange I. Records Production threatens the operation of the University or of ideas rest on the principle that all have a Please produce the following records the rights of others, either in or out of the right to express their beliefs.’’ ‘‘A message within twenty-one (21) calendar days: classroom, is not condoned’’. See https:// from President Stenger’’ (Nov. 15, 2019) 1. All records concerning, regarding, www.binghamton.edu/student-handbook/ https://www.binghamton.edu/president/ referring to, or relating to the events of policies/index.html. statements.html (emphasis in original). November 14 through 19, 2019, as described • ‘‘Every member of the University The facts regarding Binghamton’s conduct above. The relevant time for this request is community has a right to feel secure in during the subject time are not fully January 1, 2019 to the present. person and property and has the developed. Therefore, it is unclear whether 2. All records concerning, regarding, responsibility to respect and protect the Binghamton’s actions and omissions were referring to, or relating to the content of and rights of others.’’ See https:// due to management failures; political bias statements made in ‘‘A message from Vice www.binghamton.edu/student-handbook/ and animus against College Republicans, President for Student Affairs Brian Rose’’ policies/index.html. YAF, and political conservatives; or other (Nov. 18, 2019) https:// • Dissent and demonstrations must occur factors. Regardless, those actions and www.binghamton.edu/president/ ‘‘in an orderly and peaceful manner.’’ See omissions suggest serious reason for the statements.html and ‘‘A message from https://www.binghamton.edu/student- Department to be concerned that President Stenger’’ (Nov. 15, 2019) https:// handbook/policies/demonstrations.html# Binghamton’s many representations about www.binghamton.edu/president/ ∼text=Students%20are%20free%20 free speech and student conduct to students, statements.html. The relevant time for this to%20voice,normal%20functioning%20of parents, and consumers in the market for request is November 13, 2019 to the present. %20the%20University. education certificates may be false, 3. All records concerning, regarding, • Students must ‘‘conduct themselves in a erroneous, or misleading, in violation of 20 referring to, or relating to actual or potential manner that supports and respects the rights U.S.C. 1094(c)(3)(B) and 34 CFR 668.71(c). discipline of any student and/or any sanction of others’’. See https://www.binghamton.edu/ Therefore, the Department’s Office of of an organization due to or arising out of any student-handbook/pdfs/accessible-version- Postsecondary Education, in consultation statement, action, or conduct during or of-student-code-of-conduct-2020-21.pdf. with the Department’s Office of the General related to the events of November 14 through • Binghamton demands ‘‘respectful Counsel, is opening this investigation. 19, 2019, described above. The relevant time discourse, allowing all members to express As you are aware, the Secretary may for this request is November 14, 2019, to the themselves in a manner that enables others commence a fine proceeding, among other present. to feel personally safe and emotionally secure measures, if the Department ultimately 4. All records concerning, regarding, or both in and out of the classroom.’’ See concludes Binghamton has made substantial relating to PLOT (a.k.a. Progressive Leaders https://www.binghamton.edu/student- misrepresentations about the nature of its of Tomorrow), the College Republicans, and handbook/pdfs/accessible-version-of- educational program. The Department is Young Americans for Freedom/Young student-code-of-conduct-2020-21.pdf. aware of the challenges posed by COVID–19 American’s Foundation. The relevant time • Binghamton promises ‘‘[t]he safety of our to institutions of higher education. However, for this request is June 1, 2016, to the present. students and the entire campus community’’ the critical gravity of Binghamton’s 5. All records concerning, regarding, or is the ‘‘highest priority’’ and its police ‘‘are representations compels the Department to relating to Jeffrey Coghlan. The relevant time

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for this request is November 1, 2019, to the possible, with an explanation of why full information, writings, drawings, graphs, present. compliance is not possible. Any document charts, photographs, sound recordings, 6. All records concerning, regarding, or withheld in whole or in part due to privilege, images, financial statements, checks, wire relating to John Restuccia. The relevant time or for any other reason, shall be identified on transfers, accounts, ledgers, facsimiles, texts, for this request is June 1, 2016, to the present. a privilege log submitted with response to animations, voicemail files, data generated by 7. All records concerning, regarding, or this request. The log shall state the date of calendaring, task management and personal relating to Jon Lizak. The relevant time for the document, its author, his or her information management (PIM) software this request is June 1, 2016, to the present. occupation and employer, all recipients, the (such as Microsoft Outlook), data created 8. All records concerning, referencing, or title and/or subject matter, the privilege with the use of personal data assistants relating to the Stipulation of Settlement and claimed, and a brief explanation of the basis (PDAs), data created with the use of Discontinuance Pursuant to Rule 41(A), of the claimed privilege. document management software, data created • Center for Bio-Ethical Reform v. Black, 1:13- Records shall be produced in electronic with the use of paper and electronic mail cv- 00581–RJA–HBS (W.D.N.Y. June 2, 2017), form instead of paper productions. Records logging and routing software, and other data ECF No. 30 (Exhibit A). shall be delivered as delimited text with or data compilations, stored in any medium 9. All records of the University police images and native files. Alternatively, all from which information can be obtained concerning, referring, or relating to Dr. Laffer, records derived from word processing either directly or, if necessary, after College Republicans, Young Americans for programs, email applications, instant translation by the responding party into a Freedom/Young America’s Foundation, message logs, spreadsheets, and wherever reasonably usable form. The term ‘‘recorded College Progressives, PLOT, Jeffrey Coghlan, else practicable, shall be produced in text information’’ also includes all traditional John Restuccia, Jon Lizak, Pinkerton searchable PDF format. Spreadsheets shall forms of records, regardless of physical form Consulting & Investigations Inc. (a.k.a. also be provided in their native format. or characteristic Pinkerton), and the events of November 14– Audio and video files shall be produced in 19, 2019, as described above. The relevant their native format, although picture files II. Transcribed Interviews time frame for this request is January 1, 2018, associated with email or word processing Please make the following individuals to the present. programs shall be produced in PDF format available for transcribed interviews: 10. A true copy of Binghamton’s safety along with the document it is contained in 1. President Harvey Stenger plan in support of Dr. Laffer’s lecture and all or to which it is attached. 2. Vice President for Student Affairs Brian records concerning, regarding, or relating • Other than native files produced along Rose thereto. The relevant time frame for this with TIF images, records should be 3. Chief of Police John Pelletier request is November 1, 2019, to the present. sequentially numerically indexed (a.k.a. 4. A duly authorized corporate designee to 11. A list of Binghamton employees who Bates stamping) and reference should be testify regarding Binghamton’s (a) determined (a) Dr. Laffer’s lecture should be made to the request to which the records are representations, as specified above, and (b) moved to a larger hall, (b) that the adjacent responsive (e.g., Item 1). All files produced the contents and application of its policies or hall would be provided for those opposing shall be numerically identified within the practices regarding free speech, free inquiry, Dr. Laffer’s lecture, and (c) that Dr. Laffer range that the file contains (e.g., University- and the First and Second Amendments to the would be ordered removed if his lecture was 00001-University-000050). U.S. Constitution. disrupted by protesters. • Searches for records in electronic form 12. A list of all Binghamton employees 5. The university police officers who should include searches of all relevant responsible for or involved in Binghamton’s appeared at the airport to meet Dr. Laffer on decision not to seek to identify or charge any mobile devices, hard drives, network drives, November 18, 2019. ‘‘protesters’’ involved in the events of offline electronic folders, thumb drives, 6. The university police officers in November 14, 2019. removable drives, records stored in the command (including onsite command) of the 13. All records about, concerning, or noting cloud, and archive files, including, but not security effort relating to Dr. Laffer’s lecture. meetings with University officials and limited to, backup tapes. Do not time stamp 7. The university police officers in University police officers about the College or modify the content, the create date, or the command (including onsite command) Republicans, Young Americans for Freedom/ last date modified of any record and do not regarding the events of November 14, 2019. Young America’s Foundation, College scrub any metadata (other than to If Binghamton asserts attorney-client or Progressives, or PLOT, including all records numerically index, as described above). attorney-work product privilege for a given shared, distributed, or discussed at such Electronic records should be produced in record, then it must prepare and submit a meetings. The relevant time for this request native format. For emails, please place privilege log expressly identifying each such is June 1, 2016, to the present. responses in one .pst file per employee. For record and describing it so the Department 14. All records of any student organization, .pdf files, please provide searchable file may assess the claim’s validity. Please note including a chartered student organization, format and not image file format. that no other privileges apply here. Your • that was suspended, disciplined, or All email searches should be conducted record and data preservation obligations are otherwise reprimanded. The relevant time by the agency’s information technology outlined at Exhibit B. frame for this request is June 1, 2016, to the department, or its equivalent, and not by the This investigation will be conducted by the present. individuals whose records are being Department’s Office of the General Counsel 15. All records of any policies or searched. Please provide the name and with support from the Office of statements regarding the provision of security contact information of the individual(s) who Postsecondary Education. Your legal counsel at events organized by any student conducted the search, as well as an will be contacted by Paul R. Moore, the organizations, including chartered student explanation of how the search was Department’s Chief Investigative Counsel, to organizations. The relevant time frame for conducted. schedule the transcribed interviews, and by this request is January 1, 2018 to the present. • Should you have any questions about the the Office of the General Counsel’s electronic Your production should utilize the method or format of production please discovery attorney, Kevin D. Slupe, to following procedures: contact the undersigned to coordinate. arrange for records transmission. • For purposes of this request, records As used in this Notice of Investigation and Additionally, please be advised that by copy shall be produced in their entirety, without Records Request: of this letter we are referring Binghamton to abbreviation, modification, or redaction, ‘‘Record’’ means all recorded information, the U.S. Department of Justice’s Civil Rights including all attachments and materials regardless of form or characteristics, made or Division for such additional investigation affixed thereto. received, and including metadata, such as and action as may be appropriate. • All records should be produced in the email and other electronic communication, Thank you in advance for your same order as they are kept or maintained in social media posts, texts, word processing cooperation. the ordinary course, or the records should be documents, PDF documents, animations Sincerely yours, organized and labeled to correspond to the (including PowerPointTM and other similar Robert L. King categories of the records requested. programs) spreadsheets, databases, calendars, Assistant Secretary, Office of Postsecondary • If the request cannot be complied with telephone logs, contact manager information, Education in full, it shall be complied with to the extent internet usage files, network access Enclosure (Exhibits A and B)

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cc: John B. Daukas, Principal Deputy Electronic Access to This Document: The OMB Memorandum and the Attorney Assistant Attorney General Civil Rights The official version of this document is General’s Memorandum remind agencies that Division, U.S. Department of Justice the document published in the Federal religious organizations are entitled to Reed D. Rubinstein, Principal Deputy Register. You may access the official compete on equal footing with secular General Counsel delegated the Authority edition of the Federal Register and the organizations for Federal financial assistance, and Duties of the General Counsel as clarified most recently by the Supreme Paul R. Moore, Chief Investigative Counsel Code of Federal Regulations at Court of the United States in Espinoza v. Kevin D. Slupe, Special Counsel Chancellor www.govinfo.gov. At this site you can Montana Department of Revenue 4 and Jim Malatras view this document, as well as all other Trinity Lutheran Church of Columbia, Inc. v. The State University of New York documents of this Department Comer.5 In particular, rules or grant terms [FR Doc. 2020–21649 Filed 9–29–20; 8:45 am] published in the Federal Register, in that ‘‘expressly discriminate[] against BILLING CODE 4000–01–P text or Portable Document Format otherwise eligible recipients by disqualifying (PDF). To use PDF you must have them from a public benefit solely because of Adobe Acrobat Reader, which is their religious character’’ violate the Free DEPARTMENT OF EDUCATION available free at the site. Exercise Clause, unless the government can You may also access documents of the prove that such rules or terms are the least Guidance Regarding Department of restrictive means of achieving a compelling Department published in the Federal government interest.6 This is Education Grants and Executive Order Register by using the article search 13798 unconstitutional because it forces a religious feature at www.federalregister.gov. institution to choose between ‘‘participat[ing] AGENCY: Office of the General Counsel, Specifically, through the advanced in an otherwise available benefit program or Department of Education. search feature at this site, you can limit remain[ing] a religious institution.’’ 7 As a result, Department grants must be available ACTION: Notice. your search to documents published by the Department. to all qualified organizations, regardless of SUMMARY: The Department publishes their religious or non-religious character, and Reed D. Rubinstein, this guidance, dated August 7, 2020, to all eligible individuals, regardless of their religion. pursuant to a memorandum from the Principal Deputy General Counsel delegated the authority to perform the functions and Furthermore, all agency actions— Office of Management and Budget duties of the General Counsel. including, but not limited to, agency rules (OMB) directing all grant administering and grant terms—that impose a substantial agencies to publish policies detailing Appendix—Guidance Regarding burden on an organization or individual’s how they will administer Federal Grants Department of Education Grants and exercise of religion violate the Religious in compliance with Executive Order Executive Order 13798 Freedom Restoration Act (RFRA) 8 if they do not survive strict scrutiny.9 RFRA thus must 13798, titled ‘‘Promoting Free Speech I. Purpose and Background and Religious Liberty,’’ the Attorney inform all agency rulemaking.10 On May 4, 2017, the President signed General’s October 6, 2017 Memorandum The Department of Education (ED or Executive Order 13798, titled ‘‘Promoting Department) issues this guidance to comply on Federal Law Protections for Religious Free Speech and Religious Liberty.’’ *1 This with the law and to protect religious liberty Liberty, and OMB’s Memorandum. decree, among other things, directed the in the administration of its grant programs. FOR FURTHER INFORMATION CONTACT: Attorney General to provide guidance to The sections that follow detail the ways in Patrick Shaheen, U.S. Department of Federal agencies on the requirements of which the Department’s specific Education, Office of the General Federal laws and policies protecting religious regulations 11 protect the religious freedoms Counsel, 400 Maryland Avenue SW, liberty. Accordingly, on October 6, 2017, the of institutions and individuals, the process Room 6E300, Washington, DC 20202. Attorney General issued a memorandum by which both faith-based organizations and advising agencies on such laws and policies, Telephone: (202) 453–6339. Email: individuals can inform the Department of a including how they apply to the awarding of burden or potential burden on religious [email protected]. grants (Attorney General Memorandum).2 exercise under RFRA, and the role within the If you use a telecommunications Subsequently, the Office of Management and Department that the Center for Faith and device for the deaf (TDD) or a text Budget (OMB) issued its own guidance on Opportunity Initiatives plays as a resource on telephone (TTY), call the Federal Relay January 16, 2020 (OMB Memorandum), issues of religious liberty. Service, toll free, at 1–800–877–8339. directing all grant administering agencies ‘‘within 120 days of the date of this II. Equal Treatment of Religious SUPPLEMENTARY INFORMATION: The Organizations and Students in Department Department issues this guidance to Memorandum . . . [to] publish policies detailing how they will administer Federal of Education Programs comply with the law and to protect grants in compliance with E.O. 13798, the a. Equal Participation of Religious religious liberty in the administration of Attorney General’s memorandum, and this Organizations its grant programs. The guidance details 3 Memorandum.’’ The Free Exercise Clause, Supreme Court the ways in which the Department’s jurisprudence, and Federal grant regulations specific regulations protect the religious * Other than statutory and regulatory freedoms of institutions and individuals requirements included in the document, the 4 Espinoza v. Mont. Dep’t of Revenue, No. 18– contents of this guidance do not have the force and and introduces a process by which both 1195 (U.S. June 30, 2020). effect of law and are not meant to bind the public. faith-based organizations and 5 This document is intended only to provide clarity Trinity Lutheran Church of Columbia, Inc. v. individuals can inform the Department to the public regarding existing requirements under Comer, 137 S. Ct. 2012 (2017). of a burden or potential burden on the law or agency policies. 6 Id. at 2021. religious exercise under the Religious 1 Exec. Order No. 13798, 82 FR 21675 (May 4, 7 Id. at 2021–22. Freedom Restoration Act (RFRA). The 2017). 8 42 U.S.C. 2000bb, et. seq. 9 guidance is in the Appendix of this 2 Jeff Sessions, Federal Law Protections for Little Sisters of the Poor Saints Peter & Paul Religious Liberty, Memorandum for All Executive Home v. Pennsylvania, No. 19–431, slip op. at 7 notice. Departments and Agencies (Oct. 6, 2017), https:// (U.S. July 8, 2020). Accessible Format: Individuals with www.justice.gov/opa/press-release/file/1001891/ 10 See id. at 21–22. disabilities can obtain this document in download. 11 Note that amendments to the regulations at 34 an accessible format (e.g., braille, large 3 Office of Mgmt. & Budget, Exec. Office of the CFR parts 75, 76, 106, 606, 607, 608, and 609, as President, M–20–09, Guidance Regarding Federal well as 2 CFR part 3474 have been proposed, as print, audiotape, or compact disc) on Grants and Executive Order 13798 (January 16, announced in the notice of proposed rulemaking request to the person listed under FOR 2020), https://www.whitehouse.gov/wp-content/ issued by the Office of the Secretary. See 85 FR FURTHER INFORMATION CONTACT. uploads/2020/01/M-20-09.pdf. 3190 (January 17, 2020).

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