UB statement on social media video of 2018 Spring Fest incident

(This statement was updated July 9, 2020)

The University at Buffalo and its police department are dedicated to providing a safe environment for all students, faculty, staff and visitors. UBPD is service-oriented and committed to the philosophy of community policing and defusing potentially confrontational situations.

During UB Student Association’s Spring Fest 2018 concert, UBPD responded to numerous calls, including reports of fights and people passed out and in need of aid. While patrolling a parking lot, officers interviewed an individual and found that he was wanted on an out-of-state warrant for assault. While arresting this individual, a former UB student physically interfered with officers making the arrest. The student was charged with obstruction and resisting arrest.

All charges have been reviewed and decided upon by the courts. An independent internal review led by UB’s Office of Equity, Diversity and Inclusion, which included reviewing video footage of the incident, has found no evidence of wrongdoing on the part of UBPD.

Social media posts wrongly claim that an individual was arrested for sleeping in a car.

A UB police officer initiated a welfare check on a man after noticing that he had been lying back unresponsive in a parked car for approximately 45 minutes during the UB Student Association’s Spring Fest 2018 concert. The officer placed this man, identified as Daniel P. Matos of Union City, New Jersey, into custody after learning that he was wanted on an active arrest warrant for domestic assault. Matos, who was not a UB student, was cooperative with officers, did not resist arrest, and was not charged with any additional offenses related to this incident.

The person recording the video was not arrested.

The person who recorded the video posted on social media was not arrested nor charged with any offenses during the incident. There was a UB student* who physically interfered with the arrest of Daniel P. Matos. That student, who no longer attends UB, was subsequently charged with obstruction and resisting arrest. During the arrests of Matos and the former student, officers instructed the person taking the video to stay back from the area.

Why did numerous officers respond to the scene?

To ensure public safety at events with large crowds, such as UB Student Association’s Spring Fest 2018 concert, UB increases the number of officers on patrol. At the same time officers were speaking with Daniel P. Matos, additional officers responded to a motor vehicle accident in the same parking lot. More officers responded to a call for assistance after the former student* began physically interfering with the arrest of Matos.

Was someone punched and pepper sprayed by officers?

A former student* was charged with obstruction and resisting arrest after he physically interfered with the arrest of Daniel P. Matos by pushing and pulling on Matos and the officers involved. After several officers struggled unsuccessfully to handcuff the former student, pepper spray was used by an officer to overcome this physical resistance. Police supervisors at the scene confirmed that no one was punched or struck by any officer. The former student and two officers were examined by medical personnel for pepper spray exposure and minor abrasions.

Social media posts wrongly claim that a student was permanently suspended from UB as a result of this incident.

One student involved in the incident was referred to UB Student Conduct and Advocacy (SCA) by UB Police. SCA sometimes places students on a temporary suspension for a few days pending an initial hearing, and there are several other reasons why a student might be suspended from UB that do not involve a conduct violation. The Family Educational Rights and Privacy Act (FERPA) prohibits the University from disclosing details about a specific student’s disciplinary record. However, no student was suspended from UB for conduct related to this incident.

*Note: Certain records related to this incident have been sealed by court order. UB Police is permitted to provide information regarding the arrest of Daniel P. Matos, but is restricted from providing certain information or documents that would identify other individual(s) who may have been involved in this incident.

UB’s Office of Equity Diversity and Inclusion statement on UB’s process for investigating reports of discrimination and harassment

The Office of Equity, Diversity and Inclusion (EDI) is responsible for ensuring UB’s compliance with laws, rules, regulations and policies prohibiting discrimination and harassment in UB programs and activities. Any member of the UB community has the option of reporting discrimination to EDI. EDI conducts investigations into allegations of discrimination and discriminatory harassment under the University’s Discrimination and Harassment Policy. This includes harassment and differential treatment based on race. We take these matters very seriously.

EDI’s policies prohibit disclosure of confidential information about an individual matter or investigation. UB’s Discrimination and Harassment Policy states, “EDI maintains the confidentiality of discrimination reports to the fullest extent possible, and requests the same of parties to the investigation and third party witnesses. Records of conversations with parties or witnesses will not be released unless required by law or court order.” More information about EDI’s investigatory process, including confidentiality requirements, is available on EDI’s webpage: http://www.buffalo.edu/equity/reporting-discrimination-and-harassment.html. 

While EDU cannot disclose information about an individual UB student due to confidentiality requirements, which are necessary to protect the rights of all parties and witnesses in an investigation, UB can explain in general terms the process by which EDI investigates reports of discrimination. These steps include the following:

• Meeting or speaking with the person reporting discrimination or harassment. EDI will present options for proceeding, one of which is a full investigation into any allegations of discrimination or discriminatory harassment. If the individual decides to pursue an EDI investigation, we then proceed with the following additional investigatory steps.
• Notifying the supervisor of the person accused of discrimination or harassment about the investigation.
• Meeting with the person accused of discrimination or harassment in order to explain the allegations and obtain his or her response. EDI is required by law to provide due process, and to allow any party accused of discrimination or harassment to speak to the allegations and present any evidence that supports their account of events.
• Reviewing any relevant documents, policies or other information submitted by the parties to the complaint. This may include video evidence, reports, text messages, email correspondence, or other evidence that documents what parties to the complaint have asserted.
• Interviewing third-party witnesses.
• Holding a follow-up meeting with the person reporting discrimination or harassment to explain the responses to the claims. This provides transparency regarding the investigation, and allows the person who reported discrimination or discriminatory harassment an additional opportunity to provide information and evidence.
• Making a finding and/or recommendations based on the investigation. If EDI finds that there has been a violation of the policy, EDI will recommend appropriate remedial action and work with the accused party’s supervisor to ensure that the matter is addressed appropriately.

When notifying parties to the complaint of the outcome of the investigation, EDI also explains their options to pursue further actions. While there is no internal appeal mechanism for an EDI investigation, EDI advises the complainant of their right to pursue a complaint through external agencies. For students, these are the U.S. Department of Education’s Office for Civil Rights (OCR) and the New York State Division of Human Rights. Any student who disagrees with an EDI determination can file with these agencies at no cost to them by filling out a form on either agency’s website.

In addition to its investigatory procedures, EDI will talk with students and employees who contact us about matters that we can help resolve. For students, these may be academic accommodations or assistance in navigating issues involving financial aid or academic grievance processes. If there is an issue that falls outside of EDI’s purview, EDI will identify a contact in the appropriate department that can help the student. With the student’s permission, EDI will reach out to the appropriate contact on the student’s behalf so that they understand the student will be contacting them and EDI can confirm that they can assist them with the issue.