Friday, October 28, 2011

Should Private Universities Be Held to the Same Standards for Anti-Discrimination as Public? Are All Student's Backgrounds Checked and including MTV? Are All Students Who Lie on an Application Expelled?

BY DAVID OLSON STAFF WRITER dolson@pe.com
Published: 28 October 2011 08:17 PM
EDITED BY:  I, Praetorian, October 30, 2011

Domaine Javier, 24; stated that Cal Baptist University officials told her she was expelled for falsely claiming on her application form that she is a female. Javier revealed on MTV’s “True Life” that she is biologically male.
Letters the university sent to Javier say she was expelled for “committing or attempting to engage in fraud, or concealing identity,” and for presenting false or misleading information in university judicial processes.


However, Javier, 24, said she has identified herself as female since she was a toddler and correctly clicked the space next to “female” on the online application form.


“I didn’t do anything wrong,” she said. “They said, ‘On your application form you put ‘female.’ And I was like, ‘Yeah, that’s how I see myself.’”
Javier’s expulsion was finalized on Aug. 30, the week before she was scheduled to begin a nursing program at Cal Baptist after transferring from Riverside City College.


In an emailed statement, university spokesman Mark Wyatt wrote, “California Baptist University does not comment on student disciplinary matters or other confidential student information.”


California law prohibits employment, housing, government, insurance and other types of discrimination based upon gender identity. But private universities generally are not covered by the law, said Mark Wood, an attorney with the San Francisco-based Transgender Law Center. The center is not aware of other transgender college students who were expelled.


Transgender refers to people whose gender identity differs from the biological sex they were born with. Some transgender people undergo sex-change operations; others do not.


Javier said university officials told her during expulsion hearings that they discovered her MTV appearance through a background check (Bullshit). They did not say whether that is how they discovered her gender identity, she said.
Javier was on an April episode of “True Life” entitled “I’m Passing as Someone I’m Not.” Cameras showed a man hitting on Javier while she danced at Riverside’s Club Sevilla in a low-cut pink and black dress and putting on make-up in the club’s bathroom. Javier said she only revealed her gender identity to family members.


“I am a girl trapped in a guy’s body,” Javier said on the show.
“When I’m out on a date, the loneliness goes away,” Javier said during a segment of her on one of her dates with a man who cut off the relationship after she told him she is transgender.


She said she applied to appear on the show to raise awareness on transgender issues and let other transgender people know that they’re not alone.
Javier said she was impressed with the nursing program at Cal Baptist, which is three blocks from her Riverside home. A university financial aid form shows she received a $3,500 dean’s academic scholarship. Javier said she was shocked when in July she received a letter that temporarily expelled her, pending hearings.


“I was devastated, because I really, really wanted to attend this campus,” she said.


Javier said the expulsion, that was finalized days before classes were set to begin, will delay her graduation from a nursing program by at least a year. She said she declined an admission offer by Cal State San Bernardino – that as a public university cannot discriminate against transgender students – to attend Cal Baptist.


Javier is back at Riverside City College but said she cannot enter the nursing program until next fall.


“This totally ruined my career path,” she said. “I’ve been trying to finish as soon as possible.”


Javier said she knew the university is a religious institution but did not realize it is affiliated with the Southern Baptist Convention, the most conservative major Baptist denomination.


“I didn’t know they were that extreme,” said Javier, who attended Catholic schools in her native Philippines before immigrating to California eight years ago.


Cal Baptist’s written policies do not explicitly bar transgender students. But it has generally socially conservative rules, including a prohibition of social dances on university property and a requirement that applicants sign a form agreeing not to engage in homosexual behavior or to cohabit with someone of the opposite sex.


Despite the expulsion, Javier doesn’t regret her MTV appearance. She is buoyed by the support and positive comments she has received from about 200 people, most of them straight, through chats on the street or on Facebook.
“I’m a happier person now,” she said.

Wednesday, October 26, 2011

Part 1 of Deconstructing Hate Sites


This Information is Provided by the Victim of Such A Hate Site: A Man Still Fighting One Year Later to Clear His Name From the False Accusations of Belonging to Such Hate Based Internet Sewage... I am that Victim along with another outstanding person and Journalist MVgordie (mvgordie.com).


I, Praetorian






Responding to Online Hate
When people see hate on the Net, they just say: "Well, what can I do about it?" And they move on. But the only way people can start to get rid of the hate is by taking some interest in the ways in which we, as human beings, can prevent hate from spreading.
A Vancouver Island high-school student
MNet’s 2001 survey "Young Canadians in a Wired World" showed that when young people came across a "hateful" Web site, more than a third (36 per cent) simply ignored it. If they received hateful e-mail messages, again more than three in ten did nothing—though a similar percentage told a friend, an adult, or the police. There is no reason to believe that adults’ rate of response is any higher.
Granted, it’s not always easy to tell whether hateful online content is actually illegal, rather than just offensive and annoying. Sometimes material can only properly be defined as illegal by the courts. Still, the courts can’t prosecute what they don’t know about—so public response is crucial.
If people want to do something about hate material they see on the Internet, there are several options:
Contact the Internet Service Provider
All over the world, Internet Service Providers (ISPs) are being forced to become more proactive about hate material on their servers. Most ISPs now have Acceptable Use Policies that clearly define the guidelines for using their services, as well as the penalties for violating those guidelines.
In Canada, most ISPs belong to the Canadian Association of Internet Providers (CAIP). CAIP’s Code of Conduct states that its members will not host illegal content, and will make a reasonable effort to investigate legitimate complaints about illegal content or network abuse—taking appropriate action, if needed. However, ISPs do not have the legal power to decide what material is illegal; and so most are reluctant to remove suspect content from their servers without official direction from a law enforcement agency.

Repor
t online hate to the police
Some urban police departments now have a High-Tech Crime Unit to investigate online offences. If none exists, a complaint can be made to the local police. It’s advisable to attach a copy of the offending material to the letter of complaint.

File a complaint with the F.B.I.
Good for the records otherwise pretty useless unless threats of violence are made.

Check out "hate watch" Web sites
A number of sites exist to monitor and document illegal material on the Internet. Some notable examples are B’nai Brith League for Human Rights, which hosts a hate hotline; and the Simon Wiesenthal Center, which has identified thousands of offensive Web sites. Its CD entitledDigital Hate 2002 lists sites that promote antisocial and illegal activities ranging from hate music to suicide bombing. The Southern Poverty Law Center is another good resource.


Any hate found on a California Web site is now subject to new legislation—though hate encountered on other states sites must be dealt with differently. However, the U.S.-based Simon Wiesenthal Center and the Anti-Defamation League both recommend that surfers alert them to any online hate, so that they can try to get the offending material removed.


And since the active promotion of tolerance is one of the Abest responses to hate, check out the online pamphlet 101 Tools for Tolerance: Simple Ideas for Promoting Equity and Diversity, developed by the Web-based group Tolerance.org.

For more detailed information about the organizations mentioned here, a
s well as information on how to report online hate, see the links in the sidebar.

Tuesday, October 25, 2011

Freedom of Information Act | Restore Erased Email

Freedom of Information Act : Restore Erased Email

Electronic Records Had Been Discarded Under Interpretation of Retention Policy

Why Allow Deletion If Government Must Later Restore Records?
A county's formal policy on e-mail destruction failed to save it from the cost of recovering deleted e-mails in a lawsuit under Ohio's Public Records Act. Like FOIA laws in other states, Ohio's Records Act requires state government agencies like counties to disclose records to citizens upon request.
The case in question is a decision by the Ohio Supreme Court, State ex rel. Toledo Blade Co. v. Seneca County Board of Commissioners, 2008 WL 5157733 (Ohio Dec. 9, 2008).  Plaintiff sought e-mails of county commissioners concerning demolition of an old courthouse.  The county turned over some e-mails, but plaintiff managed to show that some relevant e-mails were missing because they had been deleted. It made this showing by analyzing the e-mails that were turned over and proving some logical gaps appeared within them.  Also, some commissioners admitted they had deleted some of their relevant e-mails.
The county's written policy allowed each user to delete e-mail that the user deemed to be of "no significant value." (Some people call such e-mails "non-records".)  Such a policy is a version of the make-a-decision style of e-mail (text and instant message) records management, where users are expected to decide the destruction/retention fate of each message.  
After the court determined that some relevant e-mails must have been deleted, it observed that through the use of forensics measures some e-mails might be recoverable from commissioner hard drives. The county argued it should not be required to restore deleted e-mails because they had been deleted in accordance with the county's record retention policy, which the county had adopted in good faith. Further, the county argued that forensics measures are excessively expensive.
The court disagreed with the county. The court ordered the county to undertake costly forensics steps to search for and restore deleted e-mail records that met certain criteria – all at the county's expense.
Gadzooks! If a government agency is required under a FOIA to incur great expense to recover deleted e-mails after officials had determined -- under a formally-adopted policy -- that the e-mails were of "no significant value," then it makes no sense to let officials delete e-mails in the first place.  Such a make-a-decision style of policy is unworkable because it will cause the government regularly to employ expensive forensics to recover deleted records.  As a policy matter, the government is wiser just to archive copious records and take decision-making out of the hands of individual users.
I have long questioned e-mail retention policies (the make-a-decision policies) that emphasize a user examining each particular message and then deciding whether to destroy it or to keep it.  But some learned people disagree with me.  An argument they sometimes make in favor of the make-a-decision style policy is that it mimics how paper was handled. With paper, they argue, lots of documents came across the desk of each official. The official would decide whether to throw the paper in the trash can, or to place it in folder A, or folder B or folder C.
Yet this Toledo Blade case demonstrates that e-mail is different from paper. Even after e-mail is deleted, it can still be recovered forensically.  The cost of recovery can be high, but this court forced government to incur that cost.
Technical footnote: The court ruled the commissioners had probably violated the county's policy by deleting e-mails that were of significant value, when the policy said that onlyinsignificant records would be deleted. However, this detail should not change our understanding of the case's import.  From the point of view of someone writing records management policy, the risk is ever-present that a court will second-guess users after-the-fact.  Looking back at past decisions, a court can always say, "user should not have allowed that e-mail to be deleted" or "user should have placed that e-mail in retention category X rather than retention category Y."  Users always make records management mistakes, and thus leave an enterprise constantly exposed to the threat of having to employ forensics (after-the-fact) to reverse user decisions.  Therefore, the policy writer is motivated just to remove users from retention/deletion decisions.
Background:  One of the purposes behind Freedom of Information Acts -- and public records acts generally -- is to enable citizens, FBI, police and internal auditors to investigate public officials for fraud, waste, corruption, embezzlement, conflicts of interest and misappropriation of funds.  The ever-present possibility of such a probe motivates officials to be fair and honest.
–Benjamin Wright

This is the fight of our professional careers. Are You In or Out?

What's taking so long? This is the fight of our professional careers. Are You In or Out? "Hell has a special level for those who sit by idly during times of great crisis."
Robert Kennedy

The Art of SETTING LIMITS, Its not as easy as it looks.

Art of Setting Limits Setting limits is one of the most powerful tools that professionals have to promote positive behavior change for their clients, students, residents, patients, etc. Knowing there are limits on their behavior helps the individuals in your charge to feel safe. It also helps them learn to make appropriate choices.


There are many ways to go about setting limits, but staff members who use these techniques must keep three things in mind:
Setting a limit is not the same as issuing an ultimatum.
Limits aren’t threats—If you don’t attend group, your weekend privileges will be suspended.

Limits offer choices with consequences—If you attend group and follow the other steps in your plan, you’ll be able to attend all of the special activities this weekend. If you don’t attend group, then you’ll have to stay behind. It’s your decision.
The purpose of limits is to teach, not to punish.
Through limits, people begin to understand that their actions, positive or negative, result in predictable consequences. By giving such choices and consequences, staff members provide a structure for good decision making.
Setting limits is more about listening than talking.
Taking the time to really listen to those in your charge will help you better understand their thoughts and feelings. By listening, you will learn more about what’s important to them, and that will help you set more meaningful limits.
Download The Art of Setting Limits

SYSTEMATIC USE OF CHILD LABOR


CHILD DOMESTIC HELP
by Amanda Kloer

Published February 21, 2010 @ 09:00AM PT
category: Child Labor
Wanted: Domestic worker. Must be willing to cook, clean, work with garbage, and do all other chores as assigned. No contract available, payment based on employer's mood or current financial situation. No days off. Violence, rape, and sexual harassment may be part of the job.

Would you take that job? No way. But for thousands of child domestic workers in Indonesia, this ad doesn't just describe their job, it describes their life.

A recent CARE International survey of over 200 child domestic workers in Indonesia found that 90% of them didn't have a contract with their employer, and thus no way to legally guarantee them a fair wage (or any wage at all) for their work. 65% of them had never had a day off in their whole employment, and 12% had experienced violence. Child domestic workers remain one of the most vulnerable populations to human trafficking and exploitation. And while work and life may look a little grim for the kids who answered CARE's survey, it's likely that the most abused and exploited domestic workers didn't even have the opportunity to take the survey.

In part, child domestic workers have it so much harder than adults because the people who hire children are more likely looking for someone easy to exploit. Think about it -- if you wanted to hire a domestic worker, wouldn't you choose an adult with a stronger body and more life experience to lift and haul and cook than a kid? If you could get them both for the same price, of course you would. But what if the kid was cheaper, free even, because you knew she wouldn't try and leave if you stopped paying her. Or even if you threatened her with death.



Congress Aims to Improve Laws for Runaway, Prostituted Kids

by Amanda Kloer

categories: Child Prostitution, Pimping

Published February 20, 2010 @ 09:00AM PT

The prospects for healthcare reform may be chillier than DC weather, but Democrats in the House and Senate are turning their attention to another warmer but still significant national issue: the increasing number of runaway and throwaway youth who are being forced into prostitution. In response to the growing concerns that desperate, runaway teens will be forced into prostitution in a sluggish economy, Congress is pushing several bills to improve how runaway kids are tracked by the police, fund crucial social services, and prevent teens from being caught in sex trafficking. Here's the gist of what the new legislation is trying to accomplish:

Shelter: Lack of shelter is one of the biggest vulnerabilities of runaway and homeless youth. Pimps will often use an offer of shelter as an entree to a relationship with a child or a straight up trade for sex. In the past couple years, at least 10 states have made legislative efforts to increase the number of shelters, extend shelter options, and change state reporting requirements so that youth shelters have enough time to win trust and provide services before they need to report the runaways to the police. Much of the new federal legislation would make similar increases in the availability and flexibility of shelter options.

Police Reporting: Right now, police are supposed to enter all missing persons into the National Crime Information Center (NCIC) database within two hours of receiving the case. In reality, that reporting doesn't always get done, making it almost impossible for law enforcement to search for missing kids across districts. This hole is a big problem in finding child prostitution victims and their pimps, since pimps will often transport girls from state to state. The new bill would strengthen reporting requirements, as well as facilitate communication between the National Center for Missing and Exploited Children and the National Runaway Switchboard

We Must Never Forget These Soldiers, Sailors and Airmen and Women

We Must Never Forget These Soldiers, Sailors and Airmen and Women
Nor the Fool Politicians that used so many American GIs' lives as fodder for the fight over an english noun - "Communism"