Records

Requester: 
Stevens, Peter W.
Organization: 
Cambridge Stratford, Ltd.
Initial Request Date: 
08/01/2018
Status: 
Closed
Request Completion Date: 
10/24/2018

I represent Cambridge Stratford, Ltd in Williamsville, New York (USA) as president/CEO. Our organization hashad correspondence with your organization in the past regarding its publications, The Master Tutor: A GuidebookFor More Effective Tutoring and its pre/post assessment, The TESAT (Tutor Evaluation and Self AssessmentTool. (hereafter “The Master Tutor”) which was inadvertently made available to the public over theInternet from the University of Kentucky’s (hereafter “University”) computer network via a pdf file on its website.The website has been taken down but our organization has legally obtained the wedsite’s database of allInternet Protocol addresses that accessed it including the date or dates each organization accessed it.We are seeking information to determine whether we can identify specific persons that may have downloadeda copy of “The Master Tutor” while it was on the University’s network and used it or copies thereof to train peerand staff tutors they trained and employed to avoid buying hard printed copies or a licensed right to use a copyvia a computer conveyance. We also want to curtail further use and distribution of this US copyrighted workand to evaluate the options for pursuit of any financial payments for the unauthorized usage from date of firstaccess to the date this matter is finally resolved and usage has stopped..To this end, and pursuant to a Freedom of Information Act Request (FOIA) or similar local law, I am requesting an opportunity to inspect or obtain copies of the following that may be in possession, custody, or control of your organization 1.Copies of all written and visual information regarding the content and subject matter covered during each tutor training session completed by each department, grant programs, and any other on or off campus affiliating programs that trained tutors during the dates since access was proven (including both printed, computer files pertaining to syllabi, handouts, copies of books/assessments/Internet accessible content, etc.) until the present together with the dates of each training, and the number trained during both face-to-face instruction or online. 2. Copies of written and visual information about tutor training content that were completed and submitted during the dates since access as part of applications for international, national, or local tutor training program or learning Center Program certification (i.e.including CRLA-International Tutor Training Certification Program, NCLCA, NADE, National Tutor Association, Association forTutoring Professionals, etc.) .) as well information used in applying for grant funding with federal (i.e.TRIO, etc), state, and local sources for all categories of students including traditional, nontraditional, thosewith disabilities, athletes, and all disciplines employing tutors as it applies to the topics of Tutor Roles,Tutor Goals, Tutoring Steps (the 12 Step Tutor Cycle), Tutor Strategies, and Tutor Tips for improvedeffectiveness with special attention to gathering information and copies thereof that show clear imprints atthe bottom of each page “Copyright Cambridge Stratford, Ltd. 1995” either available as computer files orprinted hard copies thereof, .3.Names and contact information (legal residence, telephone, email #) of all employed tutor trainers and tutors trained both internally and externally via affiliates in all programs employing tutorsincluding federal, state and state and local funded and volunteer programs that had knowledge of thecomponents of training and validation thereof (NOTE: this request is for employee information andabout public knowledge that was accessed during training for employment. It is intended to determinethe matter of facts and will be used be used to conduct a survey questionnaire of those trainedregarding familiarity with the intellectual property pertinent to this matter and not for purposes ofcommercial gain, etc.) ; 4. Copies of all IP addresses used by all departments training tutors both internally and externally at your institution, especially those encrypted with only numbers, that can be correlated to the Universityof Kentucky ‘s website’s database report to pinpoint other offices or tutor training departments at yourinstitution that may have been notified to also accessed, copy, and use the intellectual property inwhole or part after it was first accessed by the IP address found on the university’s website data-basereport that first identified access by your organization via an easily to identify Internet Protocol addressending in your organization’s name (NOTE: Privacy protection is guaranteed by our organization.Information is for comparison purposes only to obtain proof of further access and potential use withinyour organization, etc. If access is denied, would request by a duly chosen arbitration body beacceptable? Kindly notify.); 4. If available, formal identification of the department(s) whose IP address(es) accessed theintellectual property and a copy of your webmaster’s database audit that is available with specialidentification of files pertaining to tutor training and also any deleted files, their subject, size, andusage dates as each relates to tutor training. 5. Copies of any information that had been used by your organization to inform or train staff, instructors, or administrators that include the subjects in item #2 and include at the bottom of each page the imprint “Copyright Cambridge Stratford, Ltd. 1995”and the identification of the dates usedand the specific number of individuals introduced to that information including via listserv, emails,direct mail, or internal mail, etc. during the dates since evidence indicates the IP was accessed bysomeone at your organization. The information is not being sought for commercial purposes and will be held confidentially for sole use of this organization in actions related to resolving the unauthorized access and use of this intellectual property. If there are any fees for searching or copying of records, please inform me if the cost will exceed $100. The Freedom of Information Act (FOIA)requires a response time normally within three-seven business days.If access to the records I am requesting will take longer that that time period, please contact me with informationabout when I might expect copies or the ability to inspect the requested records. If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available under the law. If your organization, as a records custodian, does not have custody or control of any or all of the requested records, please furnish the name and location of the official custodian of the governmental agency having custody of such records. Thank you for assisting with this request. A copy of the Tutor Train Survey Questionnaire is attached for your review in seeking information from tutor trainers and tutor employees.

Request ID: 
2019-038