Case 1:13-cv CCC Document 1-1 Filed 06/24/13 Page 1 of 1 CIVIL COVER SHEET. Attorneys (IfKnown) Citizen or Subject of a Foreign Country

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1 JS 44 (Rev. 12/12) I. (a) PLAINTIFFS Crawley, Todd, A. Case 1:13-cv CCC Document 1-1 Filed 06/24/13 Page 1 of 1 CIVIL COVER SHEET The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) Cumberland (EXCEPT IN U.S. PLAINTIFF CASES) (b) County of Residence of First Listed Plaintiff DEFENDANTS Harrisburg Area Community College Sygielski, John, J. (in his individual and official capacity) Heinle, Dennis, P. (in his individual and official capacity) County of Residence of First Listed Defendant Dauphin (IN U.S. PLAINTIFF CASES ONLV NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. (C) Attorneys (Firm Name, Address, and Telephone Number) Clark & Krevsky, LLC (Frank P. Clark) P.O. Box 1254, Camp Hill, PA (717) II. BASIS OF JURISDICTION (Place an -X" in One Box Only) O 1 U.S. Government M 3 Federal Question Plaintiff (U.S. Government Not a Party) Attorneys (IfKnown) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Box for Plaintiff (For Diversity Cases Only) and One Box for Defendant) PTF DEF PTF DEF Citizen of This State X 1 III I Incorporated or Principal Place of Business In This State O 2 U.S. Government Defendant DATE 06/24/2013 FOR OFFICE USE ONLY 0 4 Diversity (Indicate Citizenship of Parties in Item III) IV. NATURE OF SUIT (Place an "X" in One Box Only) oantra'cr..t...3:lhas O 110 Insurance O 120 Marine O 130 Miller Act O 140 Negotiable Instrument O 150 Recovery of Overpayment & Enforcement of Judgment O 151 Medicare Act O 152 Recovery of Defaulted Student Loans (Excludes Veterans) 153 Recovery of Overpayment of Veteran's Benefits O 160 Stockholders' Suits O 190 Other Contract O 195 Contract Product Liability O 196 Franchise IIKAkv.PROPERTY - O 210 Land Condemnation Foreclosure O 230 Rent Lease & Ejectment Torts to Land Tort Product Liability All Other Real Property PERSONAL INJURY Airplane Airplane Product Liability O 320 Assault, Libel & Slander Federal Employers' Liability Marine Marine Product Liability O 350 Motor Vehicle Motor Vehicle Product Liability CI 360 Other Personal Injury O 362 Personal Injury - Medical Mal ractice V. ORIGIN (Place an "X" in One Box Only) X 1 Original 0 2 Removed from Proceeding State Court VI. CAUSE OF ACTION VII. REQUESTED IN COMPLAINT: VIII. RELATED CASE(S) IF ANY PERSONAL INJURY O 365 Personal Injury - Product Liability Health Care/ Pharmaceutical Personal Injury Product Liability O 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY Other Fraud 371 Truth in Lending O 380 Other Personal Property Damage CI 385 Property Damage Product Liability - CIVIL RI P ISONER PETITIONS Other Civil Rights Habeas Corpus: Voting Alien Detainee NI 442 Employment Motions to Vacate Housing/ Sentence Accommodations General O 445 Amer. w/disabilities - O 535 Death Penalty Employment Other: O 446 Amer. w/disabilities - O 540 Mandamus & Other Other O 550 Civil Rights 448 Education O 555 Prison Condition Civil Detainee - Conditions of Confinement 0 3 Remanded from Appellate Court Citizen of Another State Incorporated and Principal Place of Business In Another State Citizen or Subject of a Foreign Country FORE E 1 TURERENALTY Drug Related Seizure of Property 21 USC Other LABOR Fair Labor Standards Act Labor/Management Relations Railway Labor Act Family and Medical Leave Act Other Labor Litigation 791 Employee Retirement Income Security Act 1NIMIGItATION. O 462 Naturalization Application 465 Other Immigration Actions JUDGE SIGNATURE OF ATTORNEY OF RECORD CEvt-Lt>._, Foreign Nation BANKRI,JPTCY Appeal 28 USC Withdrawal 28 USC 157 PROPERTY -WIWI J_ O 820 Copyrights Patent Trademark SOCIAL SECURIT'Y, 861 HIA (1395ff) O 862 Black Lung (923) DIWC/DIWW (405(g)) 864 SSID Title XVI RSI (405(g)) "'"""PEDERA TAX suns Taxes (U.S. Plaintiff or Defendant) IRS Third Party 26 USC Reinstated or Reopened 0 5 Transferred from Another District 0 6 Multidistrict Litigation (specift) RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE OTHER STA -PIPITS O 375 False Claims Act O 400 State Reapportionment Cl 410 Antitrust O 430 Banks and Banking O 450 Commerce O 460 Deportation O 470 Racketeer Influenced and Corrupt Organizations O 480 Consumer Credit O 490 Cable/Sat TV 850 Securities/Commodities/ Exchange O 890 Other Statutory Actions O 891 Agricultural Acts O 893 Environmental Matters O 895 Freedom of Information Act O 896 Arbitration O 899 Administrative Procedure Act/Review or Appeal of Agency Decision O 950 Constitutionality of State Statutes Cite the U.S. Civil Statute under whichyou are filing (Do not cite jurisdictional statutes unless diversity): False Claims Act, 31 U.S.C Brief description of cause: Defendants' violation of False Claims Act, PA Whistleblower Law, and retaliatory behavior toward Plaintiff CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: )4 Yes 0 No (See instructions): DOCKET NUMBER

2 Case 1:13-cv CCC Document 1-7 Filed 06/24/13 Page 1 of 4 FRANK P. CLARK FPC@Clark-Krevskylaw.com SOLOMON Z. KREVSKY SZK@Clark-Krevskylaw.com CLARK & KREVSKY, LLC P. O. Box 1254 CAMP HILL, PA (717) FAX (717) STREET ADDRESS: 20 Dump ROAD, STE 300A LEMOYNE, PENNSYLVANIA March 20, 2013 VIA to skiahace.edu and by CERTIFIED AND REGULAR MAIL TO: John J. Sygielski, Ed.D. President HARRISBURG AREA COMMUNITY COLLEGE One HACC Drive Harrisburg, PA RE: Crawley, Todd HARRISBURG AREA COMMUNITY COLLEGE Dear Dr. Sygielski: I write on behalf of Todd Crawley, the Director of Public Safety for Harrisburg Area Community College ("HACC"). Please take this letter as official notice that HACC, through your actions, is violating Mr. Crawley's legal rights in violation of the False Claims Act, 31 U.S.C (the "FCA") and Pennsylvania's Whistleblower Law, Act of December 12, 1986, P.L (the "PWL"), 43 P.S et seq. EIACC appointed Mr. Crawley to the position of Safety Coordinator in In 2009, HACC promoted Mr. Crawley to the position of Environmental Health and Safety Director. In 2012, HACC promoted Mr. Crawley to the position of Director of Public Safety. Upon his appointment as Safety Coordinator, Mr. Crawley discovered that HACC was noncompliant with federal guidelines regarding Education Department General Administrative Regulations (EDGAR) Title 34, Code of Federal Regulations, Part 86 Drug and Alcohol Abuse Prevention. This was a concern to Mr. Crawley, not only because HACC was failing to provide a required program to its students, but because HACC had accepted federal funding related to a Drug and Alcohol Program that did not exist. After notifying HACC of this problem, Mr. Crawley implemented a Drug and Alcohol Program during the school year. Under this program, audits must be conducted every two years. Thus, Mr. Crawley conducted HACC's first and only biennial Program Report in In or about December 2012, the United States Department of Education ("USDE") sent two inspectors to HACC to audit all aspects of the college's federal student aid. Manuel Loera, an Institutional Review Specialist with USDE, met with Mr. Crawley on December 5, 2012, EMPLOYMENT LAW EDUCATION LAW LITIGATION

3 Case 1:13-cv CCC Document 1-7 Filed 06/24/13 Page 2 of 4 2 March 20, 2013 regarding HACC's Drug and Alcohol Program. The following week, USDE requested documentary information from Mr. Crawley, including HACC's most recent biennial reports for the Drug and Alcohol Program. Mr. Crawley cooperated with the USDE to the extent he could, providing HACC's policies and the 2011 Program Report, among other requested items. Mr. Crawley advised his direct supervisor, Lisa Sanford, formerly HACC's Chief Human Resources Officer, that HACC did not have any biennial reports prior to He advised her that he would be unable to fully comply with the USDE documentary request and would have to disclose HACC's non-compliance with required recordkeeping for years 2009 and before. Ms. Sanford agreed with Mr. Crawley's concerns and his intent to truthfully disclose HACC's past noncompliance. She reported to Mr. Crawley's concerns and intended truthful disclosure to USDE. In response you asked Ms. Sanford if Mr. Crawley was sure that a 2009 (or earlier) report did not exist. She confirmed his certainty that HACC had no reports predating On or around December 18, 2012, USDE requested the 2009 Program Report. Mr. Crawley informed USDE on December 19, 2012 that, to his knowledge, the 2011 Program Report is the only report to date and that a 2009 Program Report does not exist. The following day, December 20, 2012, Mr. Crawley personally informed you of his concerns with HACC's non-compliance with this program and its implication for receipt of federal funds. You responded to Mr. Crawley and Ms. Sanford with an stating. "Please let me know what we need to do to alleviate your concerns (which you mention twice) or those of the Department of Education." Both Mr. Crawley and Ms. Sanford immediately drew from your emphasis on the words "to do" (in bold and underline) that you were suggesting for Mr. Crawley to create a false report. Mr. Crawley informed you on December 21, 2012, that the only action he was taking with regard to the USDE request was to wait for the USDE response to his truthful disclosure that no other records existed. Ms. Sanford subsequently resigned her position in mid-january After Ms. Sanford's resignation, you have imposed demands on Mr. Crawley through repetitive s making oftenunreasonable demands, mostly with demeaning and snide remarks about Mr. Crawley and his job security. Examples of these demands include: On February 28, 2013, at 5:50 PM, you sent Mr. Crawley an with 13 questions that opened as follows: "Please answer the following questions for me by the end of your day, today, with three, single sentence bullet points." The words "three, single sentence bullet points" were in bold, underlined and a font size roughly twice that of the rest of the . The use of such formatting is unprofessional, inappropriate, childish and abusive. Furthermore, your directed him to answer the 13 questions "by the end of [Mr. Crawley's] day, today," an absurd demand to make of someone at 5:50 P.M. The same day, at 5:59 PM, you sent Mr. Crawley an with a request for seven pieces of information, the last of which was "Name of your successor in case you won the lottery, tomorrow" [sic]. Mr. Crawley reasonably believes that your demands on him are retaliation and discrimination for his providing USDE with truthful information (albeit damning to HACC). You have since attempted to make Mr. Crawley a scapegoat for several of HACC's recent public embarrassments.

4 3 Case 1:13-cv CCC Document 1-7 Filed 06/24/13 Page 3 of 4 March 20, 2013 For the above reasons, Mr. Crawley believes that his job is in danger. Your retaliatory methods are illegal and must cease at once. First, I write to remind you that HACC has been receiving funding under the U.S. Department of Education General Administrative Regulations (EDGAR) for Drug and Alcohol Abuse Prevention from 1991 to the present, all while being noncompliant with this program's federal guidelines until HACC's compliance with these requirements ultimately occurred due to Mr. Crawley's advocacy for a Drug and Alcohol program immediately upon his appointment to the position of Safety Coordinator in In that role he promptly identified a concern for HACC's eligibility for the receipt of financial assistance in the absence of such a program, and corrected HACC's non-compliance with the Drug and Alcohol program. Second, the federal False Claims Act, 31 U.S.C (the "FCA"), prohibits (among other offenses) making false or fraudulent claims to the federal government for payment, or conspiring with others to get a false or fraudulent claim paid by the federal government. Mr. Crawley has clearly advised you that HACC's receipt of federal funds may violate the FCA, and he has openly rebuffed your suggestion that he falsify one or more documents to cause payment of a false or fraudulent claim to HACC. Third, Section 3730(h) of the FCA prohibits the discharge, demotion, harassment or discrimination against a person who took lawful acts to stop a violation of the FCA. We advise you that your actions against Mr. Crawley constitute harassment and discrimination in violation of the FCA. Any further actions against Mr. Crawley will add to and exacerbate the existing violation of the FCA. Be advised that, under the FCA, Mr. Crawley will be entitled to all relief necessary to make him whole, including reinstatement, double back pay, compensation for any special damages, and litigation costs and reasonable attorneys' fees. Fourth, Pennsylvania's Whistleblower Law, Act of Dec. 12, 1986, P.L (the "PWL"), 43 P.S et seq., prohibits discrimination or retaliation against a employee who makes a good faith report of waste or wrongdoing. Mr. Crawley's verbal and written alerts to you and Ms. Sanford, to the effect that HACC's past non-compliance with Drug and Alcohol policy violates EDGAR and places HACC's federal funding at risk, makes Mr. Crawley a "whistleblower" subject to the protection of the PWL. Be advised that, under the PWL, Mr. Crawley will be entitled to reinstatement, back wages, full reinstatement of fringe benefits and seniority rights, and all or a portion of the costs of litigation, including reasonable attorney fees and witness fees. I write to place you on notice that if any adverse job action is taken against Mr. Crawley, the offending persons and/or HACC will face litigation under the above statutes. Mr. Crawley will pursue all necessary claims against all responsible parties, including any and all persons with individual liability, to recoup any losses from the above-described conduct. Because the above matters may implicate potential litigation, HACC must accordingly preserve all evidence (including documents, and other communications) that pertain to the USDE audit and all communications to Mr. Crawley regarding his employment. HACC's failure to preserve this information could result in a legal finding that HACC has caused the spoliation of evidence.

5 Case 1:13-cv CCC Document 1-7 Filed 06/24/13 Page 4 of 4 4 March 20, 2013 Please have HACC's lawyers respond to me with the steps that HACC will take to ensure that harassment and retaliation of Mr. Crawley is stopped and that no adverse employment action is implemented at Mr. Crawley. Sincerely, cc: Todd Crawley FRANK P. CLARK

6 Case 1:13-cv CCC Document 1-6 Filed 06/24/13 Page 1 of 1 Todd A Crawley From: SKI Sent: Thursday, February 28, :59 PM To: Todd A Crawley Cc: Dennis P Heinle Subject: Requests by Mar 1, 2013 Greetings, Todd! By noon, Friday, I need the following information: 1. Organization Chart of the Office of Public Safety 2. Spreadsheet containing: a. Names of officers b. Years of service to college in public safety role c. Years of experience in law enforcement d. Qualifications of each officer (e.g., certificates, special training, degrees, etc.) 3. Top three goals for the unit in the next three months 4. Top three goals for the unit in the next six months 5. Top three challenges of the unit 6. Top three areas of assistance you need from Dennis in the short term 7. Name of your successor in case you won the lottery, tomorrow Thank you! John J. "SKI" Sygielski, Ed.D., president HACC, Central Pennsylvania's Community College One HACC Drive, Harrisburg, PA [office] , x [fax] Facebook: SKI John J. Sygielski Linkedln: John J. Sygielski Twitter: HACCSki

7 Todd A Crawley Case 1:13-cv CCC Document 1-5 Filed 06/24/13 Page 1 of 2 From: Sent: To: Cc: Subject: Attachments: SKI Thursday, February 28, :50 PM Todd A Crawley Dennis P Heinle URGENT QUESTIONS TO BE ANSWERED Todd.doc Greetings, Todd. Please answer the following questions for me by the end of your day, today, with three, single sentence bullet points :, 1. What is the primary role of our director of environmental, health and safety? 2. What is the primary role of our director of public safety? 3. Why do fire extinguishers need to be current? 4. What is the worst outcome of our fire extinguishers being out of compliance? 5. Why is it your responsibility to ensure the fire extinguishers are in compliance? 6. How often are our fire extinguishers checked for currency? 7. What dates were fire extinguishers checked for currency on the following campuses/center: a. Gettysburg b. Harrisburg c. Lancaster d. Lebanon e. Midtown I f. Midtown II g. York 8. What dates were fire extinguishers checked for currency at: a. Campus Square b. Dental Assisting Lab area (as I learned about the expiration date of extinguishers in this area by their visiting accrediting team) c. North Hall (automotive and fire safety centers) (as I learned about the expiration date of extinguishers in these areas by their advisory committee) 9. Since extinguishers are out of compliance, what three steps have you taken to rectify this situation since I notified you about this fact on Wednesday? 10. By what date will all of our fire extinguishers be in compliance? 11. What would you tell a jury if a student died because a fire extinguisher was out-of-date and not functioning properly? 12. When were emergency call boxes tested on the following campuses/center (if applicable): a. Campus Square b. Gettysburg c. Harrisburg d. Lancaster e. Lebanon f. Midtown I g. Midtown II h. York 13. How will the change you are initiating with our vendor improve their service of our fire extin: *shers? 1

8 Case 1:13-cv CCC Document 1-5 Filed 06/24/13 Page 2 of 2 By close of business, Friday, Mar. 1, 2013, please provide me with the following information: 14. The check list you and your team use to test our emergency call boxes. 15. The revised checklist you and your team use to review fire extinguisher currency. 16. Provide the course outline and desired outcomes for training our employees and students in: a. Weather b. Fire drills including the use of extinguishers c. Shooter on campus Thank you! John J. "SKI" Sygielski, Ed.D., president IIACC, Central Pennsylvania's Community College One HACC Drive, Harrisburg, PA [office] , x [fax] Facebook: SKI John J. Sygielski Linkedln: John J. Sygielski Twitter: HACCSki

9 Case 1:13-cv CCC Document 1-4 Filed 06/24/13 Page 1 of 1 Todd A Crawley From: Todd A Cra ley Sent: Friday, December 21, :59 AM To: SKI; Lisa A Sanford Subject: RE: Department of Education Audit Good evening, SKI Unfortunately, there is nothing we can do but wait. What is in question happened before both of our tenures. I wanted to be sure that you were informed if questioned by the Department of Education and I will inform you if they should contact me again. Take care and happy holidays, Todd

10 Case 1:13-cv CCC Document 1-3 Filed 06/24/13 Page 1 of 2 From: SKI Sent: Thursday, December 20, :18 PM To: Todd A Crawley; Lisa A Sanford Subject: RE: Department of Education Audit Thank you for this information, Todd. Please let me know what we need to do to alleviate your concerns (which you mention twice) or those of the Department of Education. Thank you! From: Todd A Crawley Sent Thursday, December 20, :02 AM To: Usa A Sanford; SKI Subject: Department of Education Audit Good morning, FYI My involvement with the Department of Education audit was two fold: Clery Act and Alcohol and Drug. Clery Act - I have no major concerns Alcohol and Drug - one major concern HACC inherited from prior administration Alcohol and Drug (AD) legislation HACC AD Policy 1991 HACC AD AP 2009 HACC Biennial AOD report - spring 2011

11 Department of Ed. requested all AD associated polices and procedures induding the latest biennial report - which I supplied. They sent a second request for 2009 biennial report - which I informed them we do not have. In theory, there should be biennial reports from 92, hence my concern. To my knowledge, HACCs first attempt to comply with AD since 91 was in 2006 when a AD task force chaired by David Morrison was created and failed miserably. In 2008 I took over, created the AP, associated documentation and wrote the 2011 biennial report. My major concern - One of the requirements when accepting Federal funding is attempting to comply with AD. In my opinion, it would appear that there was a lack of compliance from Thanks, Todd Case 1:13-cv CCC Document 1-3 Filed 06/24/13 Page 2 of 2 2

12 Case 1:13-cv CCC Document 1-2 Filed 06/24/13 Page 1 of 1 Todd A Crawley From: Sent: To: Subject: Attachments: Todd A Crawley Wednesday, December 19, :45 PM 'Loera, Manuel' RE: Outstanding Clery related issues employee and student information.pdf; Harrisburg AAR_Final.docx Hi Manuel, Thanks, Todd Employees are contacted throughout the year from HR and encouraged to participate in various HR programs which including drug and alcohol assistance. Please see attached. Students are primarily notified at orientation however are also contacted electronically and given the following address: htto:// age%3dtrue%26reload%3d1&th=hacc%2f114&stage=true&reload=1 Various student information is available via this portal including policies and procedures such as Drug & Alcohol. Please see attached. Also, I am resending my after action report (AAR). Due to the size I think it did not send with my original . I am not including a Biennial report from To my knowledge, 2011 was the College's first report. Todd Crawley Director, Public Safety HACC, Central Pennsylvania's Community College 349 Wiconisco Street Harrisburg, PA Phone: x1567 Fax: tcrawlevphacc.edu Central Pennsylvania's Community College From: Loera, Manuel [mailto:manuel.loera@ed.gov] Sent: Tuesday, December 18, :15 AM To: Todd A Crawley Cc: Bartges, Katherine; James ] Carideo Subject: RE: Outstanding Clery related issues Todd- Thank you for your response. Just a couple of follow up questions for you. The distribution of the Drug and Alcohol prevention programs to both employees and students, I need the text of the message that was sent to each notifying them of the availability of this information. In addition, I need the previous biennial that was conducted in If you have any questions please feel free to contact me. 1