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Rosa-Santos v. Puerto Rico Childrens Hospital, Inc. et al
Filing 67
ORDER granting in part and denying in part 43 Motion to Dismiss. Signed by US Magistrate Judge Marcos E. Lopez on 9/28/2012. (GDR)
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO ODALYS ROSA SANTOS, Plaintiffs, v. CIVIL NO.: 11-1539 (MEL) PUERTO RICO CHILDREN'S HOSPITAL, et. al., Defendants. OPINION AND ORDER I. PROCEDURAL HISTORY On June 8, 2011, plaintiff Odalys Rosa Santos ("Rosa" or "plaintiff") filed a complaint against defendants the Puerto Rico Children's Hospital ("the hospital"), Dr. Samuel A. Fernández López ("Fernández"), and Fernando Lugo Fabres ("Lugo"), alleging that Fernández, an orthopedic physician, and Lugo, an anesthesiologist, sexually harassed plaintiff, who was employed by the hospital. Docket No. 1. The complaint asserts, against all three defendants, hostile work environment and quid pro quo sexual harassment claims under Title VII of the Civil Rights Act of 1964 ("Title VII") and Puerto Rico Law 17 of 1988 ("Law 17"), 29 L.P.R.A. § 155, as well as retaliation claims under both of those laws. Docket No. 1, ¶¶ 19-27. Subsequently, all three defendants filed respective motions to dismiss. Docket Nos. 22, 23, 43. At an initial scheduling conference on May 17, 2012, the court granted the motions filed by Lugo and Fernández. See Docket No. 62. Initially, the court also granted the hospital's motion, but later withdrew this ruling upon reconsideration. At a subsequent conference on May 21, 2012, the motion was denied as to its first argument, which asserted that the hospital could not be held liable for the actions of Lugo and Fernández because they were not its employees, but rather, respectively, an independent contractor and a doctor with staff privileges. See Docket No. 43. The hospital also argued that: (1) plaintiff's allegations were not severe or pervasive enough to constitute a hostile work environment claim; and (2) even if the allegations were sufficient, the hospital would not be liable under the Faragher/Ellerth doctrine. The court held in abeyance the decision on these latter two arguments and now, for the reasons set forth below, grants in part and denies in part the motion to dismiss. II. FACTUAL ALLEGATIONS The following allegations are drawn from plaintiff's complaint. Docket No. 1. The factual allegations are taken as true for the purpose of the pending motion. At all times relevant to the complaint, Fernández worked at the hospital as an orthopedist, Lugo worked there as an anesthesiologist, and Rosa was an employee of the hospital, although the complaint does not indicate her position or the type of work that she did. Docket No. 1, ¶¶ 47. The complaint describes various incidents of alleged harassment that occurred between March 16, 2010 and June 29, 2010. On March 16, 2010 Fernández approached Rosa while she was working and told her he liked her a lot. Docket No. 1, ¶ 9. He then followed her around making comments, including inviting Rosa "to go out to a motel to have sex." Id. This occurred in front of others and against Rosa's will. Id. Rosa subsequently complained to the hospital's personnel director about unwanted sexual advances on March 19, 2010. Docket No. 1, ¶ 15. In May of 2010, while Rosa was working, Fernández approached her and asked why she was so "old fashioned." Id. at ¶ 10. He told her that the only thing he wanted was "a piece of that," referring to her genitalia, and that there was "nothing wrong with that because it is going to produce pleasure at the moment." Id. He continued, asking her to let him pick her up "so we 2 can go to bed with you and please myself with your body because you always smell so good and I am wondering if is going to taste good as well." Id. On May 4, 2010, while Rosa was helping to perform an x-ray and Fernández tried to cover himself from the radiation by standing behind Rosa and telling her "sexual jokes" while trying to smell her neck and also rubbing his genitals against her back. Id. at ¶ 12. When Rosa asked him to stop, he replied, "[W]hat[, o]h my god, you don't even let yourself give you a touch." Id. On May 18, 2010, while Rosa was making a report for a patient, Fernández walked by very close to her and, when she turned her back, spanked her left buttock so hard that it caused her pain. Id. at ¶ 11. In response, Rosa yelled at him, "Hey! What are you doing?" Id. Rosa also alleges that on June 15, 2010, Lugo approached her in the washing area and rubbed her from behind, "putting his genitalia in [her] butt." Id. at ¶ 13. After Rosa denounced these incidents to an unspecified individual or individuals, several high-ranking hospital employees ceased talking with her during work. Id. at ¶ 14. They assigned her different working schedules, with which she could not comply. Id. They also failed to inform her about schedule changes during holidays, did not let her take lunch breaks, forced her to use physical force beyond her capacity, and gave her duties that were not in her job description. Id. Rosa resigned from her position with the hospital on June 29, 2010, an act which she claims was compelled by the circumstances previously described. Id. at ¶ 14, 16. III. STANDARD OF REVIEW When considering a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), the court must limit its focus to the allegations of the complaint. Litton Indus., Inc. v. Colón, 587 F.2d 70, 74 (1st Cir. 1978). The inquiry is whether the allegations, accepted as true, show "a plausible entitlement" to the relief requested. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 559 3 To avoid dismissal, plaintiff must "set forth factual allegations, either direct or (2007). inferential, regarding each material element necessary to sustain recovery under some actionable legal theory." Gooley v. Mobil Oil Corp., 851 F.2d 513, 515 (1st Cir. 1988). Determining whether a complaint makes out a plausible entitlement to relief involves two steps. See Ocasio Hernández v. Fortuño Burset, 640 F.3d 1, 11-12 (1st Cir. 2011) (citing Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009)). First, the court should separate a complaint's factual allegations from any "legal conclusions couched as fact or threadbare recitals of the elements of a cause of action," and disregard the latter. Id. at 12 (quoting Iqbal, 556 U.S. at 678) (internal quotations omitted). The court then treats non-conclusory factual allegations as true, "even if seemingly incredible." Id. Second, the court must determine if the factual content, taken as a whole, admits of "the reasonable inference that the defendant is liable for the misconduct alleged." Id. (quoting Iqbal, 556 U.S. at 678). Only if it does will the complaint survive a motion to dismiss under Rule 12(b)(6). IV. ANALYSIS A. Hostile Work Environment Claim In her complaint, plaintiff alleges that the actions of the hospital, Fernández, and Lugo created a hostile work environment in violation of Title VII. Docket No. 1, ¶¶ 23-24. Defendant argues in its motion to dismiss that the facts alleged by plaintiff are insufficient to state a hostile work environment claim. Docket No. 43, at 9. The protection against discrimination in employment provided by Title VII has extended to protection against an abusive or hostile work environment. See Nat'l R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 115-16 (2002). An abusive work environment is created "when the workplace is permeated with discriminatory intimidation, ridicule, and insult, that is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive 4 working environment." Id. (internal quotations omitted) (quoting Harris v. Forklift Systems, Inc., 510 U.S. 17 (1993)); see also Collazo v. Nicholson, 535 F.3d 41, 44-45 (1st Cir. 2008); Pomales v. Celulares Telefonica, Inc., 447 F.3d 79, 83 (1st Cir. 2006); Valentín-Almeyda v. Municipality of Aguadilla, 447 F.3d 85, 94 (1st Cir. 2006); Noviello v. City of Boston, 398 F.3d 76, 92 (1st Cir. 2005). To sustain a hostile work environment claim, a plaintiff must prove: (1) that he is a member of a protected class; (2) that he was subjected to unwelcome sexual or racial harassment; (3) that the harassment was based upon sex or race; (4) that the harassment was sufficiently severe or pervasive so as to alter the conditions of plaintiff's employment and create an abusive work environment; (5) that sexually or racially objectionable conduct was both objectively and subjectively offensive, such that a reasonable person would find it hostile or abusive and the victim in fact did perceive it to be so; and (6) that some basis for employer liability has been established. Douglas v. J.C. Penney Co., Inc., 474 F.3d 10, 15 (1st Cir. 2007) (internal quotations omitted). Defendant contends that plaintiff's claim fails to rise to the level of a hostile work environment, because the facts alleged in the complaint, even if accepted as true, are not so severe or pervasive as to constitute an alteration of the conditions of plaintiff's employment. Determining whether the conduct is sufficiently severe or pervasive is a highly factual and contextual question. In Harris, the Supreme Court noted that the test for proving a hostile work environment "is not, and by its nature cannot be, . . . mathematically precise." 510 U.S. at 22. To determine whether an environment is sufficiently "hostile" or "abusive," a court must examine the totality of the circumstances including "the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee's work performance." Id. at 23. The conduct must be "extreme" or "humiliating," or must have "unreasonably interfered with [plaintiff's] ability to work." Prescott v. Higgins, 538 F.3d 32, 42 (1st Cir. 2008). At one end of the spectrum, "[s]imple teasing, offhand comments, and isolated incidents" would not constitute 5 a hostile work environment. Faragher v. City of Boca Ratón, 524 U.S. 775, 788 (1998) (internal quotations omitted) (quoting Oncale v. Sundowner Offshore Servs., 523 U.S. 75, 82 (1998)); see also Alberti v. Univ. of P.R., Civil No. 08-1484 (DRD), 2012 WL 2355579, at *8 (D.P.R. June 21, 2012) (holding that "isolated and stray remarks" that plaintiff found offensive were not a consistent pattern undertaken with the intent to cause harm). At the other end, "[s]evere or pervasive sexual remarks, innuendoes, ridicule, and intimidation … may support a jury verdict finding a hostile work environment." Figueroa Garcia v. Lilly Del Caribe, Inc., 490 F. Supp. 2d 193, 204-05 (D.P.R. 2007). For example, in Figueroa Garcia, the plaintiff presented evidence at the summary judgment stage of "numerous, sexually charged incidents, some humiliating and one involving unwanted and explicitly sexual physical contact with an intimate body part … and sexually suggestive comments directly to her two or three times per week." Id. at 205. The court determined that this evidence was enough for plaintiff to take her case to the jury. Id. Here, with respect to Fernández, the complaint alleges four sexually charged incidents in a three-month period, consisting of sexual comments on three of those occasions and two instances of physical contact with an intimate body part. As to Lugo, the complaint alleges conclusorily that he used "hostile and sexual language" on "many occasions," but it also states one incident on June 15, 2010, of uninvited contact between intimate body parts. Docket No. 1, ¶ 13. This particular incident is sufficient to establish that Lugo's alleged conduct was sexually charged and humiliating. The incidents that plaintiff alleges are comparable to, if not worse than, the conduct in numerous cases where a motion to dismiss or a motion for summary judgment has been denied. See, e.g., Colondres v. Potter, CIV. 11-1171 JAF, 2012 WL 1069257, at *1-*2 (D.P.R. Mar. 29, 6 2012) (denying motion to dismiss where supervisor "lustfully stared at [plaintiff's] body, made comments to Plaintiff about her physique that indicated her desire to have sex with Plaintiff, made sexual insinuations to Plaintiff, invited Plaintiff to go out, and displayed jealousy regarding Plaintiff's relationships with her ex-husband, female coworkers, and clients at work"); Garcia v. Sprint PCS Caribe, 841 F. Supp. 2d 538, 557 (D.P.R. 2012) (denying motion for summary judgment where plaintiff alleged that supervisor made four comments over a three-month period); Guzmán v. Macy's Retail Holdings, Inc., 09 CIV.4472 (PGG), 2010 WL 1222044 (S.D.N.Y. Mar. 29, 2010) ("A female plaintiff's allegation that a male co-worker rubbed his genitals against her body, and then repeated that action after the plaintiff asked him to stop has adequately alleged sexual harassment, particularly for purposes of a motion to dismiss.") (internal citation omitted); Walter v. Westdeutscher Rundfunk, 03 CIV.5676 LAK JCF, 2004 WL 1052776, at *5-*6 (S.D.N.Y. May 11, 2004) (a single act of plaintiff's supervisor "'rubbing his genitals' in his office" was sufficient to withstand a motion to dismiss), report and recommendation adopted in part, 03 CIV. 5676 (LAK), 2004 WL 1238382 (S.D.N.Y. June 2, 2004) (adopting the recommendation of dismissal of motion to dismiss); Wahlstrom v. Metro-N. Commuter R. Co., 89 F. Supp. 2d 506, 511, 521 (S.D.N.Y. 2000) (denying motion for summary judgment with respect to a co-worker who "wrapped his arms around [plaintiff], grabbed her in a 'bear hug,' made a grunting sound, and slapped her left buttock three times" because of the severity of the single incident); Yaba v. Roosevelt, 961 F. Supp. 611, 620 (S.D.N.Y. 1997) (holding one incident of "sexual touching and harassment" to be sufficient to deny a motion to dismiss). Thus, plaintiff has alleged facts that, if accepted as true, are sufficiently severe or pervasive as to establish a plausible entitlement to relief. 7 B. The Hospital's Vicarious Liability The hospital bases its contention that it cannot be held liable for Fernández's and Lugo's conduct on two grounds. The first, as previously mentioned, is that Title VII does not hold employers liable for the actions of non-employees. As discussed, however, the court rejected this argument because a plaintiff's employer may indeed be liable for a non-employee's acts of harassment under Title VII if it "knows or should have known of the conduct and fails to take immediate and appropriate corrective action." Hernández v. Miranda Vélez, Civil No. 92-2701 (JAF), 1994 WL 394855, at *8 (D.P.R. July 20, 1994) (quoting 29 C.F.R. § 1604.11(e)), aff'd, 132 F.3d 848 (1st Cir. 1998); see also Docket No. 62, at 3 (citing Rivera v. MVM, Inc., Civil No. 09-2114 (DRD), 2011 WL 5075662, at *7 (D.P.R. Aug. 1, 2011) (holding that plaintiff's employer could be liable for subcontractor's conduct if employer knew or should have known of such conduct and failed to take action)); Plaza Torres v. Rey, 376 F. Supp. 2d 171, 182-84 (D.P.R. 2005); Acevedo Vargas v. Colón, 68 F. Supp. 2d 80, 87-88 (D.P.R. 1999); Dunn v. Washington County Hosp., 429 F.3d 689, 690-92 (7th Cir. 2005) (holding that a hospital may be liable for acts of sexual harassment by a doctor who has staff privileges if the hospital knew or should have known of such acts and "did not act reasonably to equalize working conditions once it had knowledge"). Defendant's next argument is that it should not be held liable under the Faragher/Ellerth doctrine. The Faragher/Ellerth doctrine sets forth the standard of vicarious employer liability when the alleged harasser is the plaintiff's "supervisor with immediate (or successively higher) authority over the employee." Faragher v. City of Boca Ratón, 524 U.S. 775, 807 (1998). The affirmative defense is available when an employer maintains an anti-harassment policy and complaint procedure of which the employee is aware, and the employee unreasonably fails to utilize that procedure. Faragher, 524 U.S. at 808; Burlington Industries, Inc. v. Ellerth, 524 U.S. 8 742 (1998). There are two elements to establishing a Faragher/Ellerth defense. "First, the employer must show that it 'exercised reasonable care to prevent and correct promptly any sexually harassing behavior.'" Marrero v. Goya of Puerto Rico, Inc., 304 F.3d 7, 20 (1st Cir. 2002) (quoting Ellerth, 524 U.S. at 765). Usually, this element is met with "proof that the employer 'had promulgated an antiharassment policy with [a] complaint procedure.'" Id. (quoting Ellerth, 524 U.S. at 765). "Second, the employer must establish 'that the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise.'" Id. at 20-21 (quoting Ellerth, 524 U.S. at 765). This element is usually met with "proof that the plaintiff unreasonably ignored an established complaint procedure." Id. at 21. Defendant's assertion of this defense is procedurally premature. To prove the first element, an employer must demonstrate that it has such an antiharassment policy with a complaint procedure. At the motion to dismiss stage, only the facts alleged in the complaint may be considered. Litton Indus., Inc. v. Colón, 587 F.2d 70, 74 (1st Cir. 1978). Here, plaintiff makes no mention of an antiharassment policy at the hospital. Defendant would be unable to establish this defense at this stage of the proceedings. The Faragher/Ellerth defense is more appropriate at the summary judgment stage. Furthermore, the Faragher/Ellerth defense is inapplicable in this case. As discussed at the beginning of this section, the standard for employer liability here is a negligence standard; in other words, plaintiff will prevail if she can prove that the hospital knew or should have known about the harassment. Because this defense only applies where the harassment is committed by the plaintiff's supervisor,1 it is not available where, as here, the alleged harasser is a third-party 1 Here, the complaint does not allege that Fernández and Lugo were plaintiff's superiors. The complaint does not even indicate what position plaintiff held at the hospital. 9 over which defendant has some degree of control. See Godoy v. Maplehurst Bakeries, 747 F. Supp. 2d 298, 312 (D.P.R. 2010) (noting that the Faragher/Ellerth defense is unavailable where alleged harasser is plaintiff's co-worker; rather, "knew or should have known and failed to take appropriate action" was the applicable standard); see also Dulaney v. Packaging Corp. of Am., 673 F.3d 323, 330-31 n.7 (4th Cir. 2012) (noting that respondeat superior liability under Title VII is subject to the Faragher/Ellerth defense and contrasting respondeat superior with negligence liability). Even if the Faragher/Ellerth defense were applicable, defendant would fail to meet the second element. Contrary to what defendant claims in its motion, plaintiff does allege that she complained to the personnel director about Fernández's advances. Docket No. 1, ¶ 15. While it is not clear whether this was the exact procedure provided for in defendant's anti-discrimination policy, if the allegations of the complaint are taken as true—as they must at this stage of the proceedings—it is certainly not the case, as defendant says, that "Rosa did not complain about any improper conduct on Fernández or Lugo's behalf, or anyone else." 2 Docket No. 43, at 16. Particularly considering that the hospital personnel director told plaintiff that "they were going to deal with it," plaintiff's actions are sufficient to defeat the second element of the Faragher/Ellerth defense. Docket No. 1, ¶ 15. It is not true that "an employee only acts reasonably if the employee follows the [employer's] formal procedure, and … [the employer] is entitled to ignore any notice of harassment that is outside of the procedure." Agusty-Reyes v. Dept. of Educ. of Puerto Rico, 601 F.3d 45, 56 (1st Cir. 2010) (noting that "a reasonable jury could find … that … 2 Defendant may be correct that plaintiff did not inform the hospital about Lugo's advances until the EEOC complaint on January 4, 2011. The only non-conclusory allegation in the complaint concerning Lugo occurred on June 15, 2010. Docket No. 1, ¶ 13. Plaintiff complained to the hospital personnel director about unwanted sexual advances on March 19, 2010. Id. at ¶ 15. Nevertheless, the complaint sufficiently alleges that she complained about Fernández's advances, as one incident with Fernández occurred three days before the meeting with the personnel director. Id. at ¶¶ 9, 15. 10 [plaintiff] had exercised reasonable care" where she complained to her supervisor's supervisor and filed a union grievance, rather than filing a formal internal complaint) (internal quotation omitted). Therefore, defendant would not qualify for the Faragher/Ellerth defense even if it were applicable. C. Quid Pro Quo Claim Another cause of action that plaintiff sets forth is quid pro quo sexual harassment under Title VII. Under quid pro quo sexual harassment, "'an employee or supervisor uses his or her superior position to extract sexual favors from a subordinate employee, and if denied those favors, retaliates by taking action adversely affecting the subordinate's employment.'" ValentinAlmeyda v. Municipality Of Aguadilla, 447 F.3d 85, 94 (1st Cir. 2006) (italics added) (quoting O'Rourke v. City of Providence, 235 F.3d 713, 728 (1st Cir. 2001)). "Quid pro quo harassment, in which 'a supervisor uses employer processes to punish a subordinate for refusing to comply with sexual demands,' is actionable because it involves explicit and tangible alterations in the terms or conditions of employment." Perez-Cordero v. Wal-Mart Puerto Rico, Inc., 656 F.3d 19, 26 (1st Cir. 2011) (internal citation omitted) (quoting Hernandez–Loring v. Universidad Metropolitana, 233 F.3d 49, 52 (1st Cir. 2000)). The facts alleged in the complaint are not sufficient to support a claim of quid pro quo harassment. First, in the complaint, plaintiff does not allege that Fernández or Lugo is her superior. She does not even state what her position at the hospital is, nor does she indicate whether she ever had to report to or follow the instruction of Fernández or Lugo. In four out of five of the allegations involving Fernández or Lugo, plaintiff was working and was approached by Fernández or Lugo independently of her work. In the incident on May 4, 2010, plaintiff and Fernández were working together; specifically, "[plaintiff] was helping to perform a CT Scan." 11 Docket No. 1, ¶ 12. But this allegation also fails to demonstrate a supervisor-subordinate relationship contemplated by Title VII. Furthermore, plaintiff alleges no instance where Fernández, Lugo, or any other person used employer processes to punish her for denying sexual favors. "The harassing supervisor must be the one who orders the tangible employment action or, at the very least, must be otherwise substantially responsible for the action." Agusty-Reyes v. Dept. of Educ. of Puerto Rico, 601 F.3d 45, 53 (1st Cir. 2010) (internal quotation omitted) (quoting Lee-Crespo v. Schering-Plough Del Caribe Inc., 354 F.3d 34, 44 (1st Cir. 2003). Plaintiff does allege that the hospital itself "took reprisals," but she does not allege at any point in the complaint that Fernández or Lugo took advantage of his position at the hospital to punish her. Docket No. 1, ¶ 14. The only allegations with respect to Fernández or Lugo involved solicitations of sexual favors, inappropriate joking, and inappropriate touching, not any punishment or threat of punishment for refusing to comply with their sexual demands. For these reasons, plaintiff fails to meet a quid pro quo cause of action under the facts articulated in her complaint. D. Retaliation Claim Defendant does not address plaintiff's retaliation claim in its motion to dismiss. This alone would be sufficient for this court to deny the motion with respect to the retaliation claim. Furthermore, the facts in the complaint are sufficient to sustain plaintiff's prima facie burden for retaliation. Plaintiff can establish a prima facie case for retaliation by showing: (1) she engaged in protected conduct; (2) she suffered a materially adverse action, which caused her harm "sufficient to dissuade a reasonable worker from making or supporting a charge of discrimination"; and (3) a causal connection between the two. 12 Mariani-Colon v. Dep't of Homeland Sec. ex rel. Chertoff, 511 F.3d 216, 223 (1st Cir. 2007) (citing McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973)). While an EEOC complaint would constitute protected conduct ordinarily, plaintiff filed her EEOC complaint (January 4, 2011) after the end of her employment (June 29, 2010). Nevertheless, her discussion with the hospital personnel director on March 19, 2010, was protected conduct for Title VII retaliation purposes. "'The term "protected activity" refers to action taken to protest or oppose statutorily prohibited discrimination.'" Rivera Maldonado v. Hosp. Alejandro Otero Lopez, 614 F. Supp. 2d 181, 198 (D.P.R. 2009) (quoting Fantini v. Salem State College, 557 F.3d 22, 31 (1st Cir. 2009)). "'Protected conduct includes not only the filing of administrative complaints, … , but also complaining to one's supervisors.'" Id. (quoting Valentin-Almeyda v. Municipality of Aguadilla, 447 F.3d 85, 94 (1st Cir. 2006)). Thus, complaining to the personnel director certainly qualifies as protected conduct. Second, although the actions taken by the hospital did not qualify as "explicit and tangible alterations in the terms or conditions of employment" for purposes of quid pro quo harassment, Perez-Cordero, 656 F.3d at 26, it does qualify as a "materially adverse" action which "might have dissuaded a reasonable worker from making or supporting a charge of discrimination," Burlington N. & Santa Fe Ry. Co. v. White, 548 U.S. 53, 68 (2006) (internal quotations omitted). These two standards differ; the retaliation standard, "unlike the substantive provision, is not limited to discriminatory actions that affect the terms and conditions of employment." Morales-Vallellanes v. Potter, 605 F.3d 27, 36 (1st Cir. 2010) (internal quotation omitted) (quoting Burlington Northern, 548 U.S. at 64), cert. denied, 131 S. Ct. 978 (U.S. 2011); see also Billings v. Town of Grafton, 515 F.3d 39, 54 (1st Cir. 2008) ("[C]onduct need not relate to the terms or conditions of employment to give rise to a retaliation claim."). Thus, plaintiff 13 need only show that the employer's action "might have dissuaded a reasonable worker from making or supporting a charge of discrimination." Burlington Northern, 548 U.S. at 68 (internal quotation omitted). For example, plaintiff allegedly was given working schedules she could not comply with, assigned physical labor beyond her capability, not informed about changes in schedules, and assigned duties not in her job description. Docket No. 1, ¶ 14. Even though these actions "'might not have made a dramatic impact on plaintiff's job,'" they made it substantially more difficult or even impossible for plaintiff to complete her job satisfactorily; thus, this series of actions by the hospital, considered together, certainly might have dissuaded a reasonable worker from speaking with the personnel director. Bibiloni Del Valle v. Puerto Rico, 661 F. Supp. 2d 155, 169 (D.P.R. 2009) (quoting Billings v. Town of Grafton, 515 F.3d 39, 54 (1st Cir. 2008)). Furthermore, an escalation of harassment on the heels of complaints about harassment is sufficiently adverse action. See Pérez-Cordero v. Wal-Mart Puerto Rico, Inc., 656 F.3d 19, 31 (1st Cir. 2011). According to the facts alleged in the complaint, plaintiff had one incident where Fernández solicited a sexual favor, reported it three days later, and the remainder of the specific incidents involving Fernández and Lugo occurred afterwards. This set of allegations is sufficient to support a claim at the motion to dismiss stage that the sexual harassment escalated in response to plaintiff's complaint. See id. With respect to the third prong, temporal proximity can be a major factor in determining whether there is a causal connection between protected activity and adverse action for purposes of a prima facie retaliation case. See DeCaire v. Mukasey, 530 F.3d 1, 19 (1st Cir. 2008) ("[T]emporal proximity alone can suffice to meet the relatively light burden of establishing a prima facie case of retaliation.") (internal quotation omitted); 14 Mariani Colón v. Dep't of Homeland Sec. ex rel. Chertoff, 511 F.3d 216, 224 (1st Cir. 2007) (finding two-month interval sufficient to meet prima facie burden); Calero-Cerezo v. U.S. Dept. of Justice, 355 F.3d 6, 25-26 (1st Cir. 2004) (finding one-month interval sufficient to meet prima facie burden). A reasonable reading of paragraphs 14 and 15 of the complaint would indicate that the alleged reprisals took place between March 19, 2010, and June 29, 2010, a range of time over three months. It is unclear from the complaint whether these incidents occurred closer to plaintiff's internal complaint or closer to her resignation. At this time, plaintiff has alleged sufficient facts to meet her prima facie burden at the motion to dismiss stage. The issue of temporal proximity between protected activity and materially adverse action in this case can be readdressed at the summary judgment stage. Therefore, defendant's motion to dismiss is denied with respect to the claim of retaliation. E. Supplemental Jurisdiction over Puerto Rico Law 17 Claims Plaintiff makes each of her three claims—hostile work environment, quid pro quo harassment, and retaliation—under Puerto Rico Law 17 as well. Because only the quid pro quo harassment claim is dismissed under Title VII at this stage, plaintiff's Law 17 claim is dismissed only to the extent that it pertains to a quid pro quo harassment claim. See Ruiz v. Caribbean Restaurants, Inc., 54 F. Supp. 2d 97, 120 (D.P.R. 1999) (noting that Law 17 causes of action are "nearly identical to the EEOC's guidelines for Title VII sex discrimination causes of action, that is quid pro quo and hostile work environment"). V. CONCLUSION Based on the foregoing analysis, the Court hereby GRANTS IN PART and DENIES IN PART defendant's Motion to Dismiss (Docket No. 43). The Court DENIES defendants' motion with respect to plaintiff's Title VII and Puerto Rico Law 17 causes of action that state hostile work environment and retaliation claims. The Court, however, grants defendants' motion with 15 respect to plaintiff's quid pro quo sexual harassment claim under Title VII and Puerto Rico Law 17, and thus DISMISSES both causes of action WITH PREJUDICE. IT IS SO ORDERED. In San Juan, Puerto Rico, this 28th day of September, 2012. s/Marcos E. López U.S. Magistrate Judge 16


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text:
(HWAH-nah DEE ahz)
Juana Díaz is known as "La Ciudad del Mabí" (mabí city) and "La Ciudad de los Reyes y los Poetas" (city of kings and poets). Juana Díaz was founded in 1798. The civil government of this territory was established in April 25, 1798.
Juana Díaz is located in the southern coast of the island, south of Villalba; east of Ponce; and west of Coamo and Santa Isabel. Several rivers run through the Juana Díaz territory, among them: Jacaguas, Descalabrado, Inabón, Guayo and Cañas.
Juana Díaz produces sugar cane and beige marble--one of the finest marbles in the world.
There are many well-known "juanadinos", among them: Luís Llorens Torres, Arturo Gomez Costa, Emilia Villaronga de Armstrong, Soledad Llorens Torres, tomas Carrion Maduro, Maria Braschi, Lic. Herminia Torres Garcia, Luis Felipe de Jesus, Cesareo Rosa-Nieves, Jose A. Romeu, Pedro Antornio Ocasio Bermudez, Herminuo Mercado, Jose Chen Izquierdo, eladio Vega, Ramon Tristani, Jr., and Victor Cotto.
|Land Area:
|159 sq km (60.6 sq mi)
|Water Area:
|46.75 sq mi
|313.81 per sq km (818.2 per sq mi)
|Housing Units:
|Housing Density:
|Per Capita Income:
|Source: 2000 Census
|Juanadinos, alcemos las voces...
|Amuelas, Callabo, Capitanejo, Cintrona, Collores, Guayabal, Jacaguas, Lomas, Pueblo, Río Cañas Abajo, Río Cañas Arriba, Sabana Llana and Tijeras.
|Driving Distance:
|69.5 miles *
|Driving Time:
|1 hour, 38 minutes *
Festivals and Events
- Festival Santos Reyes - Juanuary
- Festival Sapo Toro - April
- Fiestas Patronales de San Ramon Nonato - September
- Every year, Juana Diaz celebrates a patron saint festival, San Pedro. The festivities include dances, food, parades and religious processions. (787) 837-2185
- Fiestas Puertorriquenas - December
- Mavi Carnival - April
- Juana Diaz celebrates in April a mavi carnival, a fermented drink made from the bark of the ironwood (Colubrina reclinata) tree. The festivities include dances, food, parades and costumes. (787) 837-2185
- Semana Llorensiana - May


text:
Church Revitalization
Southern seminary is gathering a doctor of ministry cohort in church revitalization for the summer 2014, which is designed to equip pastors and other church leaders with the training needed to revitalize struggling churches. The program is founded upon the belief that the revitalization of a local church happens through people who have a biblical vision of a healthy church.
If you believe that God is calling you to revitalize churches for the glory of God, then this is the program for you.
Personal coaching and mentorship is a centerpiece of the program. The D.Min. program does not require you to relocate to Louisville, Ky., and can be completed in 30 months.
32 Hour D.Min.*
- Foundational Seminars (16 hours)
- Contextualized Writing Seminar (8 hours)
- Research Project and Methodology (8 hours)
*D.Ed.Min. in Church Revitalization students follow the program outlined on the D.Ed.Min. program overview page. The four foundational seminars above are taken as Ministry Concentration seminars for the D.Ed.Min. program.
Learning Outcomes
- Students will be able to demonstrate an advanced understanding and integration of ministry into various theological disciplines.
- Students will be able to demonstrate applied knowledge & skills pertinent to his/her vocational ministry.
- Students will be able to demonstrate the ability to use standard research tools and methods in the chosen field of study.
- Students will be able to research, plan, and implement a project relevant to his/her vocational ministry and to communicate the plan and its results effectively.
- Students will be able to contribute to the understanding and practice of ministry through the completion of a written project report suitable for inclusion in the seminary library.


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December 19, 2014
It's Summer Time!
It's summertime and we are more than half way through 2014. What? Already? I just started putting the right year on my checks last week. The one check a month I write anymore, that is. Anyway, while you are (hopefully) getting in some R&R is a good time to think about ways to improve your business and financial practices. I can help with that. Maybe you haven't filed your 2013 taxes yet. I can help with that, too.
My services include:
- Tax planning, Preparation and Problem Resolution,
- Accounting and Management Consulting
- Quickbooks Proadvisor.
- Xero Accounting Ceritified.
My clients include:
- Individuals, Corporations, LLC's, Partnerships, Trusts, Non-Profits
- Owner Managed Businesses of All Types
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Certified Public Accountant with over thirty years experience
Friendly personal service
Free initial consultation. Please call, email or fill out the contact form on the next page.
310-379-6600 Email: email@example.com


text:
For the next week, I am going to give my opinion about seemingly "healthy" foods in an "Is It Healthy" Series. I decided to kick this series off on a random Friday because it's my blog and I can do what I want.
Pretzels. Are they healthy? I get this question A LOT, so I decided to address it on my blog. In my opinion, pretzels have very little to brag about. Even though they are low in fat and relatively low in calories, they are not particularly nutritionally sound.
Enriched wheat flour (wheat flour, niacin, iron, thiamin, riboflavin, folic acid), water, salt, malt, dextrose, canola oil*, yeast, soda. *Adds a trivial amount of fat.
I am not going to pretend that I don't enjoy pretzels every now and then. Occasionally I'll pick up a bag from the vending machine at work because it is literally that or a hostess cupcake (ick). The one thing I have found though is they aren't very satisfying. Yes, they tide me over for a little while, but I find I'm looking for more to eat fairly quickly; whether that is more pretzels or another snack altogether. Could be the lack of protein and whole grain; you aren't going to stay very full on less than 1 gram of fiber (for most brands) and even less protein. Plus there is a lot of sodium per serving and generally I'm left feeling bloated!!
When I snack, I try to be smart about it. I try to look for foods that are going to tide me over for at least 2-3 hours. If you enjoy salty/chip-type snacks, I'm not going to take that away from you. As I always say, you can enjoy all foods, just not every day.
How about trying some healthy alternatives though? Snacks that might leave you feeling MORE satisfied and give you a boost of nutrition?
Some similar/healthier alternatives?
- Homemade popcorn (controlled salt/butter)
- Whole wheat or whole grain crackers
- Toasted whole grain pita chips (I like to buy pita bread that literally has one ingredient: whole wheat flour)
- Baked sweet potato "fries"
- Apple or banana chips (without added sweeteners or ingredients).
*I try to pair these snacks with some form of healthy protein for extra staying power (especially if I know that I won't have another meal for awhile).
QUESTION: Do you like pretzels? What is your favorite chip-like snack? Any other chip-like snack ideas to share?


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What does UHO mean in Colleges & Universities?
This page is about the meanings of the acronym/abbreviation/shorthand UHO in the Academic & Science field in general and in the Colleges & Universities terminology in particular.
University Honors Organization
Find a translation for UHO in other languages:
Select another language:
Discuss this UHO abbreviation with the community:
Use the citation below to add this abbreviation to your bibliography:
"UHO." Abbreviations.com. STANDS4 LLC, 2014. Web. 22 Dec. 2014. <http://www.abbreviations.com/term/215891>.
UHO also stands for:
- Ultimate Home Office
- Undergraduate Housing Office
- Unit Historian
- United Health Organization
- United Homeless Organization
... and 9 more »
Nearby & related abbreviations:
Alternative search:
- Search University Honors Organization on Amazon.com
- Search University Honors Organization on Google


text:
China Digital TV To Hold 2012 Annual General Meeting On December 21, 2012
BEIJING, Nov. 16, 2012 /PRNewswire/ -- China Digital TV Holding Co. Ltd. (NYSE: STV) ("China Digital TV" or "the Company"), the leading provider of conditional access ("CA") systems to China's expanding digital television market, today announced that it will hold its annual general meeting of shareholders ("AGM") at 12/F Dina House, 11 Duddell Street, Central, Hong Kong, on December 21, 2012 at 10:00am ( Hong Kong time).
Holders of record of ordinary shares of the Company at the close of business on November 23, 2012 are entitled to notice of, and to vote at, the annual general meeting or any adjournment or postponement thereof. Holders of the company's American depositary shares ("ADSs") who wish to exercise their voting rights for the underlying ordinary shares must act through the depositary of the Company's ADS program, Deutsche Bank Trust Company Americas.
The notice of the annual general meeting, which sets forth the resolution to be submitted for shareholder approval at the meeting, is available on the Investor Relations section of the Company's website at: http://ir.chinadtv.cn.
Shareholders may request a hard copy of the company's annual report, free of charge, by emailing firstname.lastname@example.com or by contacting:China Digital TVJingmeng High-Tech Building B, 4th Floor No. 5 Shangdi East Road, Haidian District Beijing 100085, People's Republic of China
About China Digital TV Founded in 2004, China Digital TV is the leading provider of CA systems to China's expanding digital television market. CA systems enable television network operators to manage the delivery of customized content and services to their subscribers. China Digital TV conducts substantially all of its business through its PRC subsidiary, Beijing Super TV Co. Ltd., and its affiliate, Beijing Novel-Super Digital TV Technology Co. Ltd., as well as subsidiaries of its affiliate. For investor and media inquiries, please contact: In China:
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text:
Quick Action Saves Woman In Car Accident
By Harold Hutchison
A Special Tactics Airman's training kicked in and his actions have been cited as having helped save a woman's life near Pope Field.
Maj. Francis Damon Friedman, with the 21st Special Tactics Squadron, came upon a car accident and went into help. He discovered a woman trapped in her vehicle, and acted. He lead three others to clear tree limbs to clear the vehicle, and then went inside to render first aid to the woman.
When rescuers arrived, Friedman had provided first aid, and was taking to the victim.
"The gentleman was asked if he wanted to come out (of the truck) which he denied," Capt. Steven Barker of the Spring Lake Fire Department said. "By doing this it spared us an extra person to assist in the extrication process."
The woman was extracted from the disabled vehicle. Friedman said, "I was doing exactly for that lady what any of my operators would do for me. Any one of my guys would do that, and that's just our breed in special tactics. I am just honored it was my time to help."


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i found the most recent entry to be a bit... un-called for.. bcuz the person who that wuz to... i dont even care about 1 bit. heh. so fuck that... =) i hate skool. i dont wanna go. thats bad that i dont wanna go this bad.. n its only the 4th week? ha. wow. sad. but whatever.i love him so much. jeepers. dis b CRAZY. i didnt think id ever find sum1 that id care this much about. i wuld do anything for him... <3ok the end.
Post a comment in response:


text:
Candlewood Suites JERSEY CITY
Description provided by Candlewood Suites JERSEY CITY
Bright Lights, Big Apple and Jersey City Meet Hotel's Perks Set along the Hudson River in the bustling New York metropolitan area, the Candlewood Suites Jersey City hotel's location is ideal for extended trips and short stays alike. While the hotel's setting is near New York City and provides easy access to the downtown area, it is far removed from the hectic city atmosphere. Some of the best business opportunities in the world reside in New York. Our hotel's property near Times Square and other downtown Manhattan destinations is ideal for those handling business in the area. The Exchange Place and Pavonia/Newport PATH stations are nearby and can take guests quickly into the city for meetings. Jersey City itself is home to large companies, as well, including JP Morgan and Goldman Sachs. Much visitor entertainment is derived from the hotel's location near New York City. The hotel's guests are near Times Square, a mecca for shoppers and tourists. Patrons are also close to Madison Square Garden and American Dream Meadowlands, home of the NFL's Giants. Here in Jersey City, we strive to make you feel at home with 24-hour perks like the Candlewood Cupboard, free laundry facilities and a Fitness Center. Guests can opt for the City Pass Package to see highlights like the Empire State Building and Statue of Liberty for free, or they can take our free shuttle to sites closer to home. Visit Jersey City today and experience all of the excitement!
List of Amenities for Candlewood Suites JERSEY CITY
| · ATM/Cash machine
· Accessible facilities
· Car rental desk
· Color television
· Cups/glassware
· Dishwasher
· Dry cleaning
· Full kitchen
· Golf
· Hairdryer
· Housekeeping - daily
· Housekeeping - weekly
· Interior corridors
· Ironing board
· Late check-out available
· Microwave
· Microwave
· Non-smoking
· Onsite laundry
· Pets allowed
· Pots and pans
· Private bathroom
· Refrigerator
· Refrigerator with ice maker
· Safe deposit box
· Satellite television
· Silverware/utensils
· Spare electrical outlet available at desk
· Toaster oven
· Transportation services - local area
· Valet same day dry cleaning
· Wireless internet connection in public areas
Recreation Information
Fitness center on-site
Fitness center off-site
Area AttractionsLa Guardia International Airport
John F. Kennedy International Airport
Jacob Javitz Convention Center
Exchange Place Path Station
Newark Liberty International Airport
Room Information for this hotel
Miscellaneous Information provided by Candlewood Suites JERSEY CITY
· American Dollars is the native currency.
· Check in time is 3:00 PM
· Check out time is 12:00 PM
· Time Zone is GMT
· Opened in 2001
· Renovated in 01/01/2012
· 214 rooms.
· 214 suites.
· 8 floors.


text:
GDP can't be a target until the stats improve
There's a growing school of thought that the lodestar for the UK economy should be growth rather than consumer prices. Well, there's nothing wrong with setting the Bank of England a GDP target that it misses instead of it failing to hit an inflation target, but we'll need to devise better growth statistics if the whole economy depends on them.
The incoming Bank governor, Canadian Mark Carney, has mooted making nominal GDP the axis of the economy instead of inflation and there is a phalanx of academic economists and teenage scribblers that would like to see the target switched.
But whereas official inflation figures are calculated monthly, GDP data comes out only four times a year. (Well actually, there are 12 GDP figures but eight of them merely confirm or correct the other four.) That makes spotting trends difficult. One rogue inflation figure is revealed as that the following month; if a quarterly GDP statistic is wayward, it is another three months before we can see if it was a fluke or the start of a new trend – and another three months before that trend is confirmed. By then, it is too late for the Bank of England to adjust monetary policy to steer the economy back on course.
Further, growth figures tend to be very small – even when the economy is growing healthily rather than flat-lining. GDP data is commonly expressed as a percentage change from the previous quarter rather than as an index figure like the RPI or CPI inflation measures. So what looks like a 0.3 per cent contraction in the economy actually means the economy is at 99.7 per cent of where it was previously. Since the start of 2012 the figures have been 99.6, 99.7, 99.6, 100.9 and 99.7 per cent: that's pretty fine tuning.
(But don't confuse those numbers with index figures: an index would go 99.6, 99.3, 98.9, 99.9, 99.6. Ie, down, down, up, down rather than up, down, up, down. Understand? No, few do, but if figures that look like a rise are actually a fall, don't expect widespread public support.)
What's more, Britain's GDP figures are prone to revision. Usually by just 0.1 or 0.2 per cent – but that, currently, is roughly the extent of the quarterly growth or contraction in the economy, so it is quite significant. In mid-2012, the initial GDP contraction was revised by 0.3 to 0.4 per cent.
The truth is that the RPI or CPI figures may be equally in need of frequent revision but statisticians realise that so much depends on them – from the Bank's interest rate policy to the return on index-linked gilts and changes in pensions – that it avoids changing them after publication. It would be embarrassing if the Bank decided policy on a set of numbers that radically changed a month or two later.
At present the Bank governor has to write a grovelling letter to the chancellor each time inflation differs by a percentage point from the 2 per cent target. Presumably similar correspondence would be required when growth is missed – though blaming the governor alone for Britain's sagging economy seems unfair. At least quarterly figures would mean fewer letters. But would the chancellor have to write back months later apologising if the original data had been revised back towards the target? There is much to sort out before nominal GDP can become the Bank's new target.


text:
Privacy Policy
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Lifegard Aquatics Wet/Dry Aquarium Air Pump
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I would like to play in a water world with deep oceans and islands everywhere, not just occasional ocean biomes. I have looked for a good seed, but nothing really shows up. I am wondering if there is a way I can hack to flood an entire world. Is there an effective way of raising the water level across the entire world?
Try out the Bukkit plugin called Terrain Control. It features the ability to change the water height by modifying the config. However, you will have to run a Bukkit server on your local network to use it.
As of snapshot 14w17a, it is now possible to customize the water level ingame. When creating a new world, this can be achieved by clicking
Update: With the introduction of the ocean biome in beta 1.8, it is possible to play in a "water world" without needing to raise the sea level, by finding a seed which starts you in the middle of such a biome. Seeds can be found wherever Minecraftians congregate, including the official forums and Reddit.
Even with a world editor, you cannot flood "the whole world", because the world is procedurally generated as you explore it. The best you could get would be to flood the areas of the world you've already seen.
Instead, you should look for mods which affect world generation. A quick search of the mod forum turns up the Phoenix Terrain Mod, which has a
The only possible way i can think of that might work for this is if you use the WorldEdit Mod, The only issue being though that this won't raise the properties for the actual world as i'm sure you've guessed. It'd be a very quick and easy way to modify the water levels in the immediate and surrounding areas though.
I hope you've got a few days spare, It's a hell of a mod to learn!
You can create a water world by going into the superflat customization screen (Create World > More world option... > World type: Superflat > Customize) and then choosing the "Water World" preset. Note that this will generate villages, so you might be able to get some wood and stuff by doing some diving. Have fun!
There is a naturally generated survival island world that I play on occasionally. The seed is "Sprite". the S is capitalized.
Use world painter http://www.worldpainter.net/ and make a world with lots of islands


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Why Marion Technical College?
Students accepted into the online Business Management Degree Program will receive preferential enrollment for online course sections scheduled in the term listed on the student's academic plan.
Students may earn an Associate of Business in Business Management degree 100% online at Marion Technical College. The required courses in the Business Management curriculum are offered online spring and fall semesters and a student who enrolls full-time may complete the degree in two years. This program is offered to qualified students who must be college ready in reading, writing, math; have Internet access, and Microsoft Office ®.
Online students must be self-motivated, independent learners willing to commit to a challenging program.
You should complete the Online Learner Self-Assessment to make sure that distance learning is right for you.
To learn more about expectations for online students, please review information about Online Learning @ MTC.
The Business Management Online program is a limited enrollment program. To be admitted, a student must meet the following requirements:
Students will be accepted into the Online Business Management program on a first-come, first-served basis provided the student meets all the requirements.


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Fugitive found at Milgate Street residence in Utica
Credit: (Photo Courtesy of Utica Police Department)
UTICA, N.Y. (WKTV) - A fugitive from justice sought by numerous law enforcement agencies has been located at a Utica address. On Wednesday, authorities said they were looking for Louis O. Wright, who was wanted by the Utica Police Department on four counts of first-degree criminal contempt. The charges are in connection with a domestic violence investigation being conducted by Utica PD. Police say Wright continued to stalk the victim of the domestic violence even after warrants were issued for his arrest. Authorities said since Wright was featured throughout the media on Wednesday, investigators were able to develop where Wright was hiding. At 11:20 a.m. on Friday, Task Force members executed a search warrant at 513 Milgate Street in the city of Utica. Wright was located inside the first floor apartment and arrested. The investigation continues and additional charges are being considered against the occupants of 513 Milgate Street for their role in attempting to aid Wright in avoiding capture. The following agencies participated in this investigation: *United States Marshals Service- Utica *Oneida County Sheriffs Office- Warrants Unit *Utica Police Department- Warrants Unit, Metro Unit and Patrol Division *Oneida County Probation Department *NY State Police- Violent Felonies Warrants Unit *NY State Division of Parole


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Tip Sheet for week of April 9, 2012April 9, 2012
Story Idea
Dr. Jeffrey Goodman, assistant professor of psychology, was a co-author of a recently published article reporting the results of research into the effect of "cognitive load" on an individual's political ideology. The article, "Low-Effort Thought Promotes Political Conservatism," appears in the April 2012 issue of the Personality and Social Psychology Bulletin. The article reports the findings of a series of studies that examined subjects' consideration of political terms while controlling the subjects' levels of cognitive thought. Data from the studies led to the research team's conclusion that "low-effort thinking promotes political conservatism," the article states. The research was featured in a recent Rolling Stone blog post and Miller-McCune.com article. Dr. Goodman is available to discuss the research team's findings and conclusions. He may be reached at 715-836-2215 or firstname.lastname@example.com.
Story Idea
A UW-Eau Claire program designed to stimulate interest in mathematics among Hmong school students in the Eau Claire area recently received a $4,000-plus grant from the Mathematical Association of America. Dr. Manda Riehl, assistant professor of mathematics, is director of the Opportunities for Outstanding Mathematics Performance for Hmong Students program. The program's goal is to increase the number of math courses taken at the college/university level among Hmong students. Through the program, university students lead high school Hmong students in mathematical activities and lessons that prepare the high school students to compete in UW-Eau Claire's annual Mathematics Meet. Organizers hope the experience sparks an interest in mathematics among the high school students. Eight mathematics majors and minors participate in the campus-based program as mentors, working in small groups with the high school students during 12 sessions. Two mathematics education majors help faculty plan the program's activities and lessons. Li Boon Tay, Eau Claire, was among the UW-Eau Claire student mentors this year. The program also features Hmong speakers and field trips that inform the high school students about how mathematics is useful in a range of careers, from computer science to manufacturing. Twenty-eight Eau Claire area high school students participated in the program this year. For details, contact Dr. Manda Riehl at 715-836-4616 or firstname.lastname@example.com.
Story/Photo Idea
The 38th annual Viennese Ball will be held Friday and Saturday, April 13-14, in Davies Center. This will be the last time the original Davies Center building will be used for the annual ball. The building will be demolished this summer when the new student center opens. The ball — which attracts students, alumni and community members — will begin at 6:30 p.m. each evening. The event recalls the culture, history and music of 19th-century Vienna. It features dance waltzes and polkas from the latter half of the 1800s and into the 1900s, a time known as a golden age of romance and elegance. The Viennese Ball also features many student and faculty ensembles and regional musicians, performing music from different periods and eras. Proceeds and donations provide music, service and international study awards for UW-Eau Claire students.


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Ultra Music Festival 2012 Taking Over Bayfront Park
Categories: Music Festivals, Ultra Music Festival
|Photo by Jacob Katel
Our sources have confirmed that next year's three-day Ultra Music Festival will be taking place at Bayfront Park, the home of the festival before it moved to Bicentennial Park in 2006.
"Expanded footprint, increased capacity, prime waterfront location with lots of grass, trees and lush landscaping," says the source. "Additional exciting details about the new venue layout will be released in the coming months."
The Bayfront location may be a bit trickier now considering the size of current-day Ultra. Unlike Bicentennial, Bayfront has more obstacles to contend with like the amphitheater and enormous fountain. However, with Museum Park's construction well underway, the news of the move back isn't exactly surprising.
Here's hoping our earlier report that the 2012 edition would be nothing like we've experienced before delivers.
Anyway, Ultra 2012 takes place March 23 to 25. Tickets are still available at ultramusicfestival.com for $299.95 plus fees for general admission and $599.95 plus fees for VIP (21 and over only).
Ultra's Back to Bayfront teaser trailer:
Follow Crossfade on Facebook and Twitter @Crossfade_SFL.
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text:
Peter Martin Google+
Peter Martin is the Economics Editor for The Age.
Joe Hockey needs to put his cards somewhere - the table's gone missing
Peter Martin Malevolent? Treasurer Joe Hockey says Fairfax Media's reporting of the budget has been sometimes ''quite malevolent''.
Budget cuts hit lowest-income earners hardest, says Treasury
Tom Allard and Peter Martin Treasury analysis obtained by Fairfax Media confirms the critics - poor families are hit harder than rich ones.
Carbon tax going, but don't expect big savings
Peter Martin The carbon tax will be repealed within days after a breakthrough in talks between the government and cross bench senators who were concerned at what they believed were draconian provisions in the...
Gruen transfer leaves second large hole at top of Treasury
Peter Martin The federal Treasury is to lose its two top officials in coming months.
The 'death spiral' scaring electricity providers
Peter Martin Energy specialist Lucy Carter of the Grattan Institute outlined the horror scenario for suppliers.
Houses, dollar to fall warns Reserve Bank
Clancy Yeates and Peter Martin The Reserve Bank has warned home owners that "people should not assume that prices always rise" when deciding to buy property.
Unambitious women part of Australia's history, says University of NSW study
Peter Martin Australia's convict past has been evoked as an explanation for why so few Australian women make it to the top in politics or in business.
Head east for the jobs, new data reveals
Peter Martin A tidal shift in the jobs market has seen mining supplanted by aged care and even manufacturing as job vacancies in the west vanish and are replaced by new vacant jobs in Australia's east.
OECD data shows ACT as best place to live
Peter Martin The Northern Territory is a lot like North Carolina, Queensland like Western Norway and the Australian Capital Territory like New Hampshire.
Plain packaging pushes cigarette sales down
Peter Martin The Commonwealth Treasury has entered the debate over cigarette sales, publishing previously secret information that shows sales falling since the introduction of graphic health warnings and plain...
Treasury figures confirm decline in tobacco sales
Peter Martin The Commonwealth Treasury has entered the debate over cigarette sales.
Banking expansion into Asia needs trade deal, says Robb
Peter Martin Secret international financial services negotiations will open up new opportunities for Australian businesses in Asia, according to the government, but the opposition has raised concern about the...
Government set to dilute investor protection
Peter Martin The government is expected to move quickly to water down Labor's financial advice laws following the conclusion of an 11-week Senate inquiry.
Tax survey finds Australians would pay more for health, education and do not feel overtaxed
Peter Martin For the first time in years, Australians do not feel overtaxed.
Why Melbourne's population will pass 8 million
Peter Martin Stand by for a Sydney of 8 million, a Melbourne of 8 million. And that's just the moderate projection.
Interest on uni students' debts to hit women harder
Peter Martin, Matthew Knott Women will suffer disproportionately from the government's decision to apply real interest to student debts for the first time, new modelling shows.
Banks expected amendments to financial advice law
Peter Martin So unprepared are Australia's banks for the provisions of a new financial advice law that they haven't implemented training and compliance systems for the changes.
Wage rises hit brakes to reach lowest recorded rate ever
Peter Martin No wonder we're feeling squeezed. It's not that prices are climbing fast, the latest consumer price index has them advancing 2.9 per cent a year.
Labor MPs will target electorates to make most of budget fury
Mark Kenny and Peter Martin Labor MPs have been told to step up their profiles in their electorates to capitalise on ''a tide of anger'' over the first Abbott-Hockey budget, during a special phone-based meeting of the federal...
Families on benefits the biggest losers, analysis of budget shows
Peter Martin Information withheld from the budget shows high income couples may suffer scarcely at all while low income families on benefits could lose as much as 10 per cent of their incomes.


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Finding the best lemonade in Kansas City
This year, the summer-like days started in March. It was as hot, so the weather people tell us, as it traditionally is in July. With my granddaughters, Cierra and Carlee, I started talking about an adventure to help us through these unseasonably warm days.
School was not out yet, so we were limited to meeting after school or on weekends. I asked whether they'd like to start looking for the best lemonade in Kansas City. Their eyes lit up like fireworks on July 4.
The lemonade I make would not be the starting criteria for this adventure, because I use Crystal Light. When we met to discuss our criteria, Cierra started defining: the right blend of tart and sweet, and refreshing. I wanted fresh-squeezed and naturally sweetened.
Then I looked online to find three places I could take the girls in search of the perfect lemonade. I found James Lemonade, made in Kansas City, Kan., Chic-Fil-A, and Winstead's.
I was intrigued when I saw James Lemonade, because I didn't know that someone in the metro area made and bottled it. I thought it would be the ultimate adventure for Cierra and Carlee to see lemonade made so close to home. But I called the number listed on the Web site, and it was incorrect. So was the link to the James Lemonade Web site. So I talked to the girls and they decided to stick to fresh lemonade instead.
I went to dinner with a friend at Chai Shai, in Brookside, and saw the owner making a lemon drink. I asked the woman he served it to whether it was fresh. She said yes, so my list started to grow.
On April 17, I picked up the girls for our first adventure. Armed with my list of places, we started with Winstead's on Shawnee Mission Parkway. The anticipation was growing as we drove, and our feeling was light-hearted. We walked in and sat down. When the waitress brought our water, I asked how their lemonade was made. She said it was a fountain drink. I said "Thank you," and we left. We did not want to waste our time on a fountain mix!
Our spirits still high, we headed to Chick-Fil-A behind Oak Park Mall. We walked in and were greeted with a sign on the side of the dispenser: "Fresh Squeezed Lemonade." We looked at each other and smiled. I let the manager know that we were on an adventure to find the best Lemonade in Kansas City. He said, "You came to the right place!"
There were two kinds of fresh-squeezed lemonade: regular and diet. The diet contained Splenda. We decided we would try both. First we sipped the diet, and decided it was OK. Then we sipped the regular. Wow! This was just what we all expected, the right balance of tart and sweet plus "very refreshing!" said Carlee. Cierra said, "This will be hard to beat!"
Saturday, May 5, was our next adventure. It was 97 degrees out, and we were ready for some refreshment. When I got to the girls' house, I was faced with a twist; Carlee had a headache and did not want to go out. We decided we would do carryout. Cierra and I would go get the lemonade and bring it back for Carlee.
We picked Café Gratitude, in Kansas City, Mo. The café had just opened, and a friend told me it had lemonade. There we were told that the lemonade was just what we were looking for because it was fresh-squeezed and sweetened with Agave, a natural sweetener. We left the café with our treasures and headed back to the house. Carlee was feeling much better when we got there, ready for the tasting.
We sipped the lemonade and found an ingredient we did not expect: sparkling water. We decided this lemonade would take some getting used to because of the agave and sparkling water. It was a healthful drink, but we were used to sugar!
Our last tasting took place on a cooler, 74-degree day. The three of us talked on the way to Chai Shai about whether the weather would influence our tasting.
Eagerly we went into the restaurant, which specializes in Pakistani and Indian food. We ordered, sat at a table, and the drinks were brought to us. There was something green floating in the lemonade—a mint leaf. We sampled the drink. Wow! This one turned out to be much better than we expected.
We thought this was our last tasting, but I found a bottle of James Lemonade at a liquor store and bought a bottle. On Sunday, May 20, we shared the bottle.
We decided right there to choose a favorite, but it was a mixed vote!
Carlee liked Chick-Fil-A the best because it was refreshing, a good balance between sweet and tart; her second choice was Chai Shai's lemonade, with Café Gratitude coming in last.
Cierra named a tie between Chick-Fil-A and Chai Shai because they both were refreshing with a good balance of sweet and tart, with Café Gratitude her last choice.
I liked Chai Shai best because it was refreshing, the right balance of tart plus sweet, and I liked the mint flavoring. Chick-Fil-A was my second choice, and again Café Gratitude came in last.
After the refreshing taste of fresh lemonade, the bottled James came in at the bottom—but we did think it was better than other bottled lemonade. And it was made locally.
We did not consider the price of any of these drinks, because the experience and time together were priceless. We did talk about our next adventure and what it would be. Maybe ice cream or hamburgers. We are sure that another adventure awaits us!


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The Party That Changed Peter Stelling's Life
By Brian Turk
By Drew AIles
By Taylor Boylston
By Bree Davies
By Emerald O'Brien
By Backbeat
Chive Fest hopes to win over neighbors
By Gina Tron
How the Hornbuckles overcame heroin
By Jon Solomon
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When the Faint released Danse Macabre in 2001, it seemed like a nostalgic look back at the intersection of '80s new wave and post-punk. Now, after the waves of dance punk, electroclash and synth pop that followed in its wake over the past decade, the record seems positively prophetic. It doesn't hurt that the tunes themselves have held up remarkably well — most of them, anyway. Perhaps that's why the band is reissuing the album in a deluxe edition and heading out to play it in its entirety for the first time ever. If you're not burnt out on the whole retro synths and drum machine beats topped with squalling post-punk guitar noise thing — and you shouldn't be, as it's stuck around long enough to prove itself as a classic formula at this point — this is a chance to catch one of the second-wave pioneers of the movement re-creating its finest moment live and on stage.
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Tag Archives: Switzerland
Novartis Names Jimenez CEO
By admin | Published: January 26, 2010
Novartis shocked investors on Tuesday morning when the Swiss-based firm announced that CEO Daniel Vasella would relinquish his post as CEO to Joe Jimenez while retaining his chairman of the board spot. According to a release, this move has been in the works since 2008 and lead to the restructuring of its management team. The […]
Posted in Strategy | Also tagged AstraZeneca, business, Chief financial officer, Daniel Vasella, Novartis | 2 Comments


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Biography of Junius H. Foltz
Junius H. Foltz. On other pages of this publication is given an account of the career of one of the oldest citizens of Shawnee County, Martin L. Foltz, of a family that had been identified with Kansas since territorial epoch. The two living sons of Mr. Martin Foltz are Junius H. and Nevin M. Foltz,


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Have you ever wondered how Smashburger makes their burgers? They have been kind enough to share a burger recipe that you can replicate at home, just in time for July 4th festivities. The recipe even includes how to properly "smash" them!
Ingredients (Serves 4):
2 pounds fresh, never frozen, 100% Certified Angus beef
4 slices of pepper jack cheese
2 avocados
2 sliced tomatoes
2 finely chopped onions
8 large lettuce leafs
4 torta rolls
4 wedges of lime
Sour Cream
Chipotle Mayonnaise
Chopped cilantro
1. Set grill to 400 degrees
2. Place a flat metal surface over the grill (this allows you to caramelize the outside while sealing in the juices)
3. Form loosely-packed third, or half, pound balls of fresh, never frozen 100% Certified Angus Beef
4. Paint the grill with real, unsalted butter
5. Use a cast-iron grill press to sear patty and lock in juices
6. Smash the meatball on the grill for the first 10 seconds to ensure meat is seared on the outside
7. Once the juices start to percolate, flip the burger to keep the juices in
8. Grill the beef patties until they are cooked thoroughly and then remove them from the grill
9. Melt spicy pepper jack cheese on top of each patty
10. Add half of a hand-sliced avocado
11. Add tomato slices
12. Sprinkle a blend of freshly chopped cilantro and onions
13. Add lettuce leaves
14. Top with a scoop of fresh sour cream and chipotle mayo
15. Serve the burger on a fresh torta roll with a wedge of lime
In addition to unveiling tips on how to cook the perfect burger at home, Smashburger is giving Smashfans an opportunity to savor summer with a Smashburger-catered picnic to celebrate the 4th of July. From now until June 30, Smashfans can enter to win a 4th of July picnic for up to ten guests. Pick up an entry form at your local Smashburger. Winners will be selected on July 3, 2011.
Of course, we love Smashburger in La Jolla. What's your favorite order there? I like the Spicy Baja burger.
Photo Credit: Smashburger


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Philippines protests China map depiction
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Philippines protests China map depiction
Published By United Press International
MANILA, Philippines, Nov. 22 (UPI) -- The Philippines has protested China's inclusion of the disputed islands in the South China Sea on maps in its new passports.
The map depiction by China is reported to be in the form of a U-shaped "nine-dash line" in the passports, which the Philippines says covers its territory. China's continuing sovereignty claims to much of the vital sea has raised international concerns.
"The Philippines strongly protests the inclusion of the nine-dash lines in the e-passport as such image covers an area that is clearly part of the Philippines' territory and maritime domain," Foreign Affairs Secretary Albert del Rosario said in his country's protest note handed to the Chinese Embassy in Manila, the Manila Bulletin reported.
"The Philippines does not accept the validity of the nine-dash lines that amount to an excessive declaration of maritime space in violation of international law. ... The Philippines demands that China respect the territory and maritime domain of the Philippines."
Government officials said the Chinese action was a violation of the Declaration on the Conduct of Parties in the South China Sea, which Beijing signed in 2002 along with the 10 members of the Association of Southeast Asian Nations that includes the Philippines. The declaration calls for the signatories to "refrain from actions that complicate and escalate the dispute."
The South China Sea is a vital sea lane for global commerce and other activities and some of neighboring nations, with decades-long overlapping territorial claims to the resource-rich islands in the Sea, strongly object to China's stand. Those nations include the Philippines, Vietnam, Malaysia, Brunei and Taiwan.
The Financial Times reported Vietnam also has raised the passport issue with Beijing.
Philippines's GMA News said the latest development stemmed from Beijing's release of a new batch of e-passports. Vietnam and the Philippines already have had separate incidents with China over the dispute.
"We are expecting a reply soon" to the protest, the report quoted Philippines Foreign Affairs spokesman Raul Hernandez as saying.
The Philippines says the region in the Sea, which it calls the West Philippine Sea, including the waters, islands, rocks and other maritime features, form an integral part of the Philippine territory and maritime jurisdiction.
GMA News quoted Hernandez as saying Manila cannot just ignore China's passport action. "The passport will be used by Chinese nationals and if they carry that kind of map that violates our sovereignty and if we allow that then it would mean acquiescence to their claim of the whole of South China Sea," he said.
At the recently concluded East Asia Summit, Philippine President Benigno S. Aquino III urged all participants to respect the exclusive economic zone and continental shelves of all coastal states, irrespective of their size or naval power, the Philippine Information Agency reported. He said such a step would also comply with the provisions of the Declaration on the Conduct of Parties in the South China Sea.
Aquino also called on all territorial claimants to jointly discuss the maritime claims and resolve the disputes in accordance with the U.N. Convention on the Law of the Sea.
"At no time in the contemporary history of the South China Sea has clarification and delimitation of maritime areas become more urgent and imperative than they are now," he said.
The summit was also attended by U.S. President Barack Obama during his three-nation Asia tour.
Speaking at the same summit, Chinese Premier Wen Jiabao was quoted by the official Chinese media as saying the disputed Scarborough Shoal in the South China Sea is an integral part of Chinese territory and China's sovereignty over them is indisputable. China refers to the Shoal as the Huangyan Island.
China has insisted on bilateral negotiations with related parties to resolve the issue, while the United States prefers a multilateral approach. Critics of the bilateral approach say it would allow China to influence those with whom it has economic ties.
Last July, the Chinese military set up a garrison in its newly created Sansha City in south Hainan province, which is seen as being designed to strengthen its claims.
Wen was quoted by Xinhua as saying China's stance on the South China Sea issue is clear and consistent, and that China, as a continental and maritime country, attaches importance to the peace, stability, free navigation and security in the South China Sea.
© 2012 United Press International, Inc. All Rights Reserved. Any reproduction, republication, redistribution and/or modification of any UPI content is expressly prohibited without UPI's prior written consent.
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Race winner Bradley Wiggins of Great Britain (C) stands between second place finisher Christopher Froome of Great Britain (L) and third place finisher Vincenzo Nibali of Italy on the presentation podium following the final stage of the Tour de France in Paris on July 22, 2012. Wiggins of Great Britain became that country's first ever overall winner of the Tour de France. UPI/David Silpa
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Last weekend was pretty exciting for all the self-proclaimed nerds in the city: it was the 2012 return of Calgary Comic and Entertainment Expo! This was the biggest year yet, including the entire cast of Star Trek: The Next Generation, cameos by James Marsters of Buffy the Vampire Slayer fame and those Weasely twins from the Harry Potter movies. Along with a team of likeminded nerds, I attended the Comic Expo as a representative of Calgary Public Library where we showcased the great collections of sci-fi, horror, fantasy and graphic novels available in our catalogue. We got to meet hundreds of convention goers, most in elaborate costumes and super committed to the characters they were portraying – like Wario, Mario's evil counterpart, who we managed to photograph at the Calgary Public Library table!
I was super inspired after this comic-book fueled sci-fi weekend that I thought I'd pull together a list of great reads that showcase our collection. If you're at all interested in exploring our sci-fi/fantasy, horror and graphic novel collection, hopefully this list will get you started!
A startling, seductive literary novel that entwines suspense, science fiction, adventure, romance and history into an intoxicating new genre. 1908: New Venice--"the pearl of the Arctic"--a place of ice palaces and pneumatic tubes, of beautifully ornate carriage-sleds and elegant victorian garb, of long nights and vistas of ice. But as the city prepares for spring, it feels more like qaartsiluni , "the time when something is about to explode in the dark." Local "poletics" are wracked by tensions with the Eskimos circling the city, with suffragette riots led by an underground music star, with drug round-ups by the secret police force known as the Gentlemen of the Night. An ominous black airship hovers over the city, and the Gentlemen are hunting for the author of a radical pamphlet calling for revolt. Their lead suspect is Brentford Orsini, one of the city's most prominent figures. But as the Gentlemen of the Night tighten the net around him, Orsini receives a mysterious message from a long-lost love that compels him to act. What transpires is a literary adventure novel unlike anything you've ever read before. Brilliant in its conception, masterful in its prose, thrilling in its plot twists, and laced with humor, suspense, and intelligence, it marks the beginning of a great new series of books set in New Venice-and the launch of an astonishing new writer. (Syndetics )
The first in Chaz Brenchley's chilling new haunted house series - War widow Ruth Taylor arrives at RAF Morwood, the great house formerly known as D'Esperance, hoping that nursing badly wounded airmen will distract her from her sorrows. But almost as soon as she enters the house, she experiences strange visions and fainting spells, and the almost overwhelming sensation of her late husband's ghostly presence. For D'Esperance is a place of shadows and secrets -- and as the strange occurrences become increasingly menacing and violent, Ruth is forced to confront a terrible possibility: that her dead husband might be the cause... (Syndetics)
Journey to the final frontier of sci-fi zombie horror! Jim Pike was the world's biggest Star Trek fan-until two tours of duty in Afghanistan destroyed his faith in the human race. Now he sleepwalks through life as the assistant manager of a small hotel in downtown Houston. But when hundreds of Trekkies arrive in his lobby for a science-fiction convention, Jim finds himself surrounded by costumed Klingons, Vulcans, and Ferengi-plus a strange virus that transforms its carriers into savage, flesh-eating zombies! As bloody corpses stumble to life and the planet teeters on the brink of total apocalypse, Jim must deliver a ragtag crew of fanboys and fangirls to safety. Dressed in homemade uniforms and armed with prop phasers, their prime directive is to survive. But how long can they last in the ultimate no-win scenario? (Syndetics)
Teen outcast Andy is an orphaned nobody with only one friend, the obnoxious - but loyal - Louie. They roam school halls and city streets, invisible to everyone but bullies and tormentors, until the glorious day when Andy takes his first puff on a cigarette. That night he wakes, heart pounding, soaked in sweat, and finds himself suddenly overcome with the peculiar notion that he can do anything. Indeed, he can, and as he learns the extent of his new powers, he discovers a terrible and seductive gadget - a hideous compliment to his seething rage - that forever changes everything. The Death-Ray utilizes the classic staples of the superhero genre - origin, costume, ray gun, sidekick, fight scene - and reconfigures them in a story that is anything but morally simplistic. With subtle comedy, deft mastery, and an obvious affection for the bold pop-art exuberance of comic book design, Daniel Clowes delivers a contemporary meditation on the darkness of the human psyche. (Syndetics)
For more great reads, head on over to the Readers' Nook homepage and subscribe to our NextReads monthly and bi-monthly newsletters, including genres like Fantasy/Sci-Fi and Horror. These newsletters let you in on what's new in our collection and give you bunch of suggested reads as well.