Dec. 7, 2023

Loss of regular privileges

by John Peana (author's profile)

Transcription

On 10/19/23 after weeks of antagonization, threats, derogatory/homophobic comments/statements from another resident I told the resident that I was going to punch him in the face out of frustration. The frustration not only stemmed from the other residents' actions but also due to the facility not having done anything for weeks even though I reported what was happening daily.
Then on 10/30/23 I supposedly told a staff member to show me the policy about being at other residents doors talking when he told me to "wrap it up". I was at another residents door for approx. 30 seconds prior to the staff speaking to me. I did not say anything about a policy, the resident who's door I was at made the statement to others.
Then on 11/3/23 due to both incidents I was served with a 14 day "Loss of regular privileging" (loss of work, commissary, catalog buy, outside food and electronics (TV, radio, etc...)) without being able to defend myself or call witnesses at a hearing. This is standard practice at STARC. What I mean is that if a staff member says you did/said something, you are automatically guilty and punished.
The other resident (10/19) and staff member (10/30) received no punishment for their actions.
Then on 11/6/23 I sent an appeal with a letter attached to it from the resident that made statements on 10/30/23 to the proper people. The letter makes it clear I did nothing I was accused of. I now await a decision on the appeal.
Then on 11/15/23 I received a reply to my appeal dated 11/8/23 that said in part, "Please be advised, in a review of CCTV footage of October 30, 2023 you were observed to be defiant, argumentative, and non-compliant with staff. Staff's documentation appears to be accurate and your treatment team is not currently exploring discontinuing your 14-day LOP."
So, once again staff lie and I lose. When will the cover-ups stop? I don't have an answer to that, but I do know that until others on the outside speak up it will continue.

*see attached:
1.) "Brief Summary of Behavior" for "Loss of Regular Privileging"
2.) Appeal and other residents statement letter

Brief Summary of Behavior:
Mr. Peana has been involved in more than one negative interaction. On 10/19/23, Mr. Peana engaged in a verbal altercation with his peer. As a result of the verbal altercation, Mr. Peana threatened to punch his peer in the face. SCTA staff redirected Mr. Peana twice before he walked away. On 10/30/23, SCTA 2 Staff instructed Mr. Peana to wrap up a conversation with a peer in their doorway. My. Peana stated that he had just arrived at the doorway and was once again instructed to wrap up the conversation or take it to the dayroom. In response to staff instructions, Mr. Peana requested in writing that he had to clear the hallway. Again, Mr. Peana was instructed to wrap up the conversation. Mr. Peana implied that SCTA 2 Staff were throwing their weight around. After being informed that the incident would be documented, Mr. Peana began to say his C# aloud. Mr. Peana then retired to his dorm room.

Appeal:
Description of Problem: On 11/3/23 I was served with a 14 day "loss of regular privileging" concerning a incident on 10/19/23, which did happen. I did tell another resident I was going to punch them (I lost my cool after having dealt with his antagonization, threats, derogatory/homophobic comments for months). The 14 days was also for a supposed incident on 10/30/23 which did not happen as noted. (Please see attached letter from the resident who made statements claimed by SCTA 2 that I said).
Action Requested: That I be taken of the 14 days "Loss of regular privileging", be able to make up any lost work hours and from here forward I be given Due Process when accused of doing/saying something.

Other residents statement:
On 10/30/23, during the 3-11 shift, John P came to my room with a question. Within seconds TA 2...yelled from the "T" for John P to "wrap things up". I never even got to hear the question. As you may know, I have been outspoken about STARC's failure to legally promulgate any rules or policies. I've become tired of staff bullies spouting out a "rule" for their own personal reason, such as convenience, spite, control, etc... I yelled out my door saying there are no rules here and demanded TA 2,,,, Show me them in writing. He never did this because we both know I am correct. Events like this could be prevented if you would just follow NYs Law and fix this.
John P left my door soon after he stopped me from telling TA 2 a few more things. Nothing was said by John P that was outside the "Social Norm" for unit 405. Why is he being punished for this? Due process would have clarified all of this if it were allowed. it is curious that I was not written up. i had more to say than John P. He was even credited with what I said. More Due Process, I would say, is what is needed.

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