Thursday, April 07, 2016

Drug firm charges UCSD with fraud





Drug firm charges UCSD with fraud
Nippon Zoki Pharmaceutical, a Japanese drug company, on April 1 charged the Regents of the University of California with fraud, claiming that UCSD defrauded the company and then engaged in "a whitewash campaign to sweep the embarrassing episode of academic fraud under the rug."

The complaint, filed in federal court in San Diego, said the company paid over $1 million to UCSD to determine whether a pain medicine developed by the company is effective in treating lower-back pains. The work was allegedly done by Dr. Koichi Masuda of UCSD's Orthopaedic Surgery department. The company charges the research was "not only objectively flawed, but likely outright fabricated."

When Nippon Zoki demanded the underlying data, "Dr. Masuda claimed that he did not have them," according to the suit. An internal investigation by the university found that the research was incorrect, but the university concealed its results to "protect its own reputation," according to the suit.

UCSD did not respond to a request for comment within the allotted time frame. However, if the university has a response of reasonable length, the Reader will print it.




North County Report includes intesting comments about CAB bonds and secretive lawyers


......Beatty voiced concerns with Shinoff’s work for San Ysidro schools and a recent unsuccessful attempt to get a restraining order against an outspoken Poway Unified resident WITHOUT THE BOARD'S KNOWLEDGE" (emphasis added).
-- from North County Report by , Voice of San Diego April 6, 2016


Maura Larkins' comment:

I applaud Kimberly Beatty's efforts to have the Poway Unified School Board take more responsibility for the district's actions in court.
 
But Ms. Beatty has her work cut out for her if she thinks she's going to be able to get the board to deal with issues that it has traditionally let lawyers deal with.

There's a reason that school lawyers take action without consulting the board. It's the way things are done in most districts. It helps incumbent board members avoid controversial issues. And Beatty might have the courage to deal with hot-button issues, but I think she'll find that most of her fellows on the board will want to leave things as they are.

Sure, the board might decide to discontinue its relationship with Stutz Artiano Shinoff & Holtz law firm. But will the board want to change the way legal business is normally handled?
School board members regularly set up firewalls so they can claim they know nothing about what the lawyers are doing. If Beatty is talking about the Chris Garnier case, then the board can hardly claim ignorance of what was going on. Perhaps Dan Shinoff didn't consult with them ahead of time, and ask for an official decision about how to proceed, but the board must have heard about the case since it was covered in the San Diego Union-Tribune and on Channel 10 News.

If the board had a policy of having school lawyers consult with them before filing any request for a TRO, we would have heard board members howling about the breach of protocol at the very next board meeting. Instead, the board maintained silence through months of news stories. During that time, the board must have been approving payments to Stutz law firm.

Many people know that I've had my problems with school attorneys, but it has become clear to me that legal problems are not entirely the fault of the attorneys.

Attorneys are hired first and foremost to protect school officials, not to protect the public interest. Attorneys are expected to do what needs to be done so the district can present a calm, happy face to the world, and the incumbents can be reelected when it comes time to vote.

We seem to have unique ethics rules for lawyers.

For example, most people would agree that an elected official is supposed to act in the interest of the public that elected him and pays his salary. But this apparently does not apply to the elected City Attorney of San Diego. Remember when San Diego went into paroxysms of outrage when City Attorney Mike Aguirre claimed that his job was to act in the public's interest in regard to the big pension scandal? Even the California Bar Association said that public entity attorneys represent the officials, not the public. Of course, the Bar Association's goal is to advance the careers of attorneys. I do not believe that any court has actually ruled on this question.)

The system is set up to protect board members from responsibility for their lawyers' actions. This set-up ensures that board members have plausible deniability if the district ends up in court. Board members can plead ignorance. In addition, school attorneys fight tooth and nail to keep board members off the witness stand. So when you go to the voting booth in school board elections, you're going to have to choose between incombents who have absolutely nothing to say about the district's legal problems and challengers who are also ignorant of what goes on behind the scenes.

So how does a school district communicate with lawyers on a day-to-day basis? You might think that the superintendent steps in and takes responsibility for communications with the district's legal counsel. Nope, not the superintendent, at least not in my experience at Chula Vista Elementary School District or in many districts I've read about.

Who is the district's contact person for the lawyers? Usually, it's the Human Resources Director. And does the HR director tell the attorneys what to do? Heavens no. The attorneys instruct the HR director.

(I did see an exception to this rule in Grossmont Union High School District in around 2008 when board members Priscilla Schreiber and Larry Urdahl challenged the status quo and asked questions openly in board meetings about what was going on with the lawyers. At that time Superintendent Terry Ryan revealed that Shinoff had a verbal agreement with SDCOE rather than a written one.)

It is clear to me that many elected officials and superintendents intentionally abdicate responsibility.

Why? I think they like not having to think about pesky problems like lawsuits. I guess you'd call that laziness. And they don't want the voters to hold them responsible for what goes on in schools. They think that if they keep problems covered up, they will be reelected.

And they are almost always right about that.


Monday, April 04, 2016

Has UCSD forgotten that it's a public entity? State auditor says UC admitting more students from out of state as its in-state admissions dropped

UC San Diego Saw Sharpest Increase In Out-Of-State Students
Monday, April 4, 2016
By Megan Burks
Aired 4/4/16 on KPBS News

A state audit says the University of California has been admitting more students from out of state as its in-state admissions dropped. Of the campuses offering fewer spots to Californians, UC San Diego had the sharpest increase in out-of-state students.

State Audit On UC Enrollment Download

Christopher Yanov of Reality Changers has been working to get San Diego students with low socio-economic backgrounds into college over the past five years. This March brought him a first.
A student with a 5.0 grade point average and good SAT scores received rejection letters from all four of the University of California campuses to which he applied, Yanov said.

"What else does somebody have to do besides have a 5.0 GPA, a good story, and a lot of community involvement?" Yanov said. "That's a tough message to have to deliver — that he couldn't have done anything else."

The four UC campuses where the student applied — San Diego, Los Angeles, Santa Barbara and Berkeley — are behind an admissions trend that caught the attention of the state auditor last month. In a scathing report released Tuesday, she said the University of California has been admitting more students from out of state as its in-state admissions dropped.

Those campuses are the only ones to recruit more out-of-staters while offering fewer spots to Californians.

UC San Diego had the sharpest increase in out-of-state students, climbing 126 percent between 2010 and 2015. It cut in-state freshman admissions by nearly 3,000 students in that time, and added about 3,600 out-of-state students, according to the audit.

State Auditor Elaine Howle argues more out-of-state students, who pay about three times what resident students pay, should have meant funding for more Californians, not fewer. And she suggests students coming from other states aren't as qualified as locals, because they aren't held to the same admissions standards...

Friday, March 25, 2016

Judge Whitney dissolves restraining order obtained by Escondido School District against Jose Fragozo

On March 25, 2016 San Diego Superior Court Judge Richard Whitney dissolved the restraining order obtained by Escondido Union School District against its own board member Jose Fragozo.
From the Superior Court website:


03/25/2016Minutes finalized for Hearing on Restraining Order
heard 03/25/2016 01:30:00 PM.





03/25/2016Temporary Restraining Order dissolved.



03/25/2016Restraining order as requested denied without prejudice.

See story: EUSD denied restraining order against Trustee Jose Fragozo 

See my original post HERE.

San Diego Union-Tribune story about the case:
Fragozo makes case to lift restraining order
By Pat Maio
Feb. 10, 2016

— Escondido elementary school district Trustee Jose Fragozo testified in Vista Superior Court on Wednesday that he never yelled or threatened school officials who want him banned from district property.
Fragozo’s testimony came near the end of a weeks-long hearing into whether a temporary workplace violence restraining order filed against him by district administrators should be made permanent... Fragozo, 50, is the first Latino elected to the school board. He has said officials want to silence his concerns about declining enrollment, minority issues and what he has said are deficiencies in teaching English language learners...

Rankins-Ibarra, and trustees Zesty Harper and Paulette Donnellon, testified last month that Fragozo has harassed administrators with bullying text messages, emails, finger-pointing antics and name-calling. The superintendent has said the behavior has caused him to fear for his life.
Fragozo said in court Wednesday that he believes his board colleagues are discriminating against him because of his race. 

Superior Court Judge Richard Whitney has presided over the hearing and is expected to issue a ruling in March...

Tuesday, March 08, 2016

I'm not surprised that the US is 11th in world literacy, but I was surprised by Japan and the Netherlands


Most literate nation in the world? Not the U.S., new ranking says.
A new world ranking of countries and their literacy rates puts the United States at 11th. Who’s No. 1? Finland.

The study, conducted by John W. Miller, president of Central Connecticut State University in New Britain, Conn., analyzes  trends in literate behavior and literacy in more than 60 countries...

Friday, February 19, 2016

Should teachers work to undermine rebellious kids? New research says rebellious kids more likely to succeed

Should oppositional defiant disorder be stamped out by teachers?

Researchers say this disagreeable personality trait displayed by Bill Gates as a kid may predict success in adulthood

Shana Lebowitz
Yahoo Business Insider
Feb. 18, 2016
Bill Gates kid(CBS/YouTube) Bill Gates as a kid. 

Around age 11, Bill Gates started to become a problem for his parents.
As his intellectual capacity grew, so did his argumentativeness. He refused to do the things his mom asked of him, like cleaning his room and showing up on time to dinner, according to The Wall Street Journal.
It came to a head one night when Gates was about 12 years old. The "tempestuous" know-it-all got into a "nasty" shouting match with his mother, according to The Journal, and his father threw a glass of water in his face. Soon after, Gates told a counselor: "I'm at war with my parents over who is in control."
Gates' adolescent behavior might seem like nothing remarkable — many of us went through similar stages of rebelliousness without growing up to be multibillionaires.
Yet a new study, published in the journal Developmental Psychology and cited by the Association for Psychological Science, suggests that there is in fact a connection between defiance and rule-breaking in adolescence and earning a high income later in life.
Back in 1968, nearly 3,000 sixth-graders living in Luxembourg took intelligence tests and answered questions about their feelings toward school. Their teachers also filled out questionnaires about the students' behavior. At the time, researchers assessed the students' family background as well.
In 2008, researchers revisited this data in order to see which childhood traits predicted career success and income. They were able to get in touch with 745 of the students, who were now about 52 years old.
Some of what the researchers found wasn't especially surprising. For example, more studious kids (as rated by teachers and by the kids themselves) went on to land better jobs.
But the researchers were surprised to find one childhood characteristic — beyond IQ, parents' socioeconomic status, and the amount of education the students attained — that predicted higher adult income: rule-breaking and defiance of parental authority.
At this point, the reason why rule-breaking preteens go on to become high-earning adults is unclear. The researchers say it's possible that people with rule-breaking tendencies are more inclined to stand up for themselves, which could lead to greater financial success.
Meanwhile, other research has yielded similar findings: One study found that agreeable (i.e. nice) adults tend to make less money than disagreeable adults. And Malcolm Gladwell argues in his book "David and Goliath" that entrepreneurs like Apple founder Steve Jobs and IKEA founder Ingvar Kamprad were more successful because they were disagreeable, allowing them to take social risks and decline requests that weren't in their best interests... (read more HERE)

Sunday, January 24, 2016

Texas eighth-grader suspended for rescuing classmate during asthma attack

 It's perfectly possible that a girl in Killeen Independent School District faked a health emergency in the case reported below, but the district is wrong to compromise safety in order to maintain control. The district tried to make sure that the next time there's a possible health emergency, students will be more afraid to take action. But, with all the negative publicity the school has endured, perhaps students will be emboldened to create fake emergencies and to respond aggressively to apparent emergencies. The district may have achieved the opposite of what it was trying to achieve.

The apparent asthma attack may not have been a genuine health emergency, but it needed to be treated as such. I have sympathy for the teacher, who, I suspect, may have had a longstanding problem with students faking health emergencies.

If the girl had a genuine problem with asthma, I think her mother would be outraged that her child was allowed to collapse instead of being sent to the nurse. I think the girl's mother would be talking to the news. Instead, she's not making a peep.

Still, suspending a boy who carried the girl to the nurse's office wasn't the right response.

Texas eighth-grader suspended for rescuing classmate during asthma attack

Anthony Ruelas watched for what seemed like an eternity as his classmate wheezed and gagged in a desperate struggle to breathe.

The girl told classmates that she was having an asthma attack, but her teacher refused to let anyone leave the classroom, according to NBC affiliate KCEN. Instead, the teacher emailed the school nurse and waited for a reply, telling students to stay calm and remain in their seats.

When the student having the asthma attack fell out of her chair several minutes later, Ruelas decided he couldn’t take it anymore and took action.

“We ain’t got time to wait for no email from the nurse,” a teacher’s report quotes him as saying, according to Fox News Latino.
And with that, the 15-year-old Gateway Middle School student carried his stricken classmate to the nurse’s office, violating his teacher’s orders.

The teenager later texted Ruelas to let him know she was fine, according to KWTX, but that didn’t stop school officials at the alternative school in the Killeen Independent School District from punishing him. Ruelas was written up by his teacher and eventually suspended for two days, according to KCEN.

“I was like what?” Ruelas told the station. “I’m suspended for this? Like, I was trying to help her.”
A teacher’s report documenting the incident appears to correspond with Ruelas’s version of what transpired:
“During 5th period another student complained that she couldn’t breathe and was having an asthma attack,” the report states. “As I waited for a response from the nurse, the student fell out of her chair to the floor. Anthony proceeded to go over and pick her up, saying ‘f—k that, we ain’t got time to wait for no email from the nurse.’ He walks out of class and carries the other student to the nurse.”
...John Craft, superintendent of the Killeen Independent School District, released a statement on Wednesday addressing the incident:
“The District is unable to provide details related to the matter as it pertains to information involving student discipline and/or health records,” the statement said. “In an effort to protect students’ rights to confidentiality granted under the Family Educational Rights and Privacy Act, the details of the investigation and/or disciplinary actions may not be provided by the district at this time. The Killeen ISD maintains the safety of our students, staff and campuses as a priority and applauds the efforts of students who act in good faith to assist others in times of need.”
Ruelas told KCEN that he’s more concerned about his classmate’s health than his suspension. Asked whether he would make the same decision again if he was given the chance, he sounded confident.
“Most definitely,” he said.

Wednesday, December 30, 2015

Problems in STS foreign student exchange program

 Danielle Grijalva continues to advocate for young people suffering in unhealthy or dangerous homes who get no help from the agencies who who took their money. Here's her latest story:


 16-year old Salla Rautiola from Finland





 16-year old Salla Rautiola after exposure to allergens



2011/2012 STS EXPERIENCE (CANADA)
Committee for Safety of Foreign Exchange Students (CFES)
Dec. 28, 2015

16-year old Salla Rautiola signed a contract in January 2011 with STS Kielimatkat for an exchange student year in the French-speaking part of Canada.

STS promises a carefully screened host-family, school placement and local representative and support persons in the exchange-country. They also promise to take into account the health information given in the application form when choosing the host family. Salla had reported that she is allergic to dogs, cats and pollen.

STS provided the host family information in July 2011, one month before the departure date, but withheld the information they had received the day before from STS CANADA that STS could not fulfill the French-speaking program. Instead, Salla would have to be placed with an English-speaking family.
IN CANADA:
As a host family, STS had chosen a 62-year old single Jamaican immigrant who for the most part socialized with her own relatives and culture and who spoke only Jamaican creole. The Canadian life-style or traditions were not present in any way in her filthy and moldy house. In the Helsinki District Court, as STS witness, a former male exchange student, who had lived in the same house a couple of years earlier, told the court that the host mother never cleaned. He witnessed that it was his and another exchange student’s responsibility to clean the house. At that time there was still a vacuum cleaner in the house. During Sallas stay there was no vacuum cleaner in a house with wall-to-wall carpet. This witness also told the court how the basement was used as a living room where they watched TV and used the computer.

STS Finland country manager, Mira Silvonen, continued insisting that the condition of the home was suitable for an allergic person and gave up to seven different explanations (move, cellar, store etc.) for the pictures Salla had taken of the house.

The shocked child protection officials in Finland stated that they would not even temporarily place a minor in conditions like that. Responsible for this host family’s approval as a host family for an allergic minor for ten months was area representative Sandra Hanniman/STS Foundation Canada.

Within two months, Salla started to get allergic reactions from all the dust and mold (picture). She could not go to school, but the host mother did not let the school know about Salla’s absence as required, something STS later blamed Salla for and issued her a warning about. Because of her strong allergic symptoms, Salla asked both the host mother and the area representative, Sandra Hanniman, to take her to see a doctor, but the host mother stated that: «The doctors don’t know anything» and the area representative said: «Let’s see».

 As parents we had to get the medicine here in Finland and mail them as express to Canada.

Instead of helping Salla get to the doctor, STS Canada area director Kim Berry decided to issue a warning to Salla regarding her host mother not informing Salla’s school about her absence. Salla was invited to STS Canada office 14. Nov. 2011. Salla had written a four page complaint about all the problems and failures on STS’ part so far:
  • There was no school placement arranged by STS when Salla arrived. Salla was turned away from Gisele la Londe-school, because they had no knowledge of the exchange student. It took almost a week to arrange a school placement.
  • The host mother left for five days leaving Salla alone with the allergic symptoms. The host mother did not leave any contact information to Salla and strongly forbad Salla to inform STS about her absence.
  • The host mother did not check her mailbox despite Sallas request. Salla had no key to the mail box. The expensive medication we had sent from Finland lay in the mail box nine days before Salla finally got them.
  • The host mothers fierce mood swings raised questions. She could be laughing and dancing by herself, but in an instant lose her temper and throw dishes to the floor. Once Salla saw a ziplock-bag on the kitchen table and the host mother told her not to touch it and that it was marijuana. As parents we became worried about that and asked STS to investigate. Despite the pictures taken of the supposed marijuana bag, STS only threatened to issue another warning to Salla for spreading unfounded rumours. The local representative, also the host mothers best friend, stated that she did not believe it was marijuana. That was all STS did. Case closed.
The Canadian area director, Kim Berry, did not even bother to view the complaint Salla had left in the STS office 14. Nov. 2011. Nor did STS Finland manager, Mira Silvonen, reply in any way. Whereas STS Canada country manager, Yannick Becu, sent his greetings to me: Strict demand to not interfere in matters.



Aware of Sallas cat and dog allergy, the area representative Sandra Hanniman tried to temporarily house her in her own home where there were several cats and dogs. Salla started getting an allergic reaction during the first evening and had to organize a place for herself with her friends for almost for a week because STS was not capable of doing so.

After having moved to the second host family, we found out that the host mother was a chain smoker with two dogs. The host mother also told how the area representative had convinced her to take an exchange student just for a while to » try it on».  She had agreed to keep the exchange student at most for two months, i.e. to the end of January 2012. At Sandra’s request, this was kept secret from Salla and us.

STS asserts that the host families live up to certain standards, that they are carefully screened and backgrounds checked, homes are inspected and photographed etc. With both of Sallas host families, these promises turned out to be just lies. When showing the pictures taken from Sallas first host family to STS Finland manager Mira Silvonen, she disputed the pictures were not from the host family’s house. STS did not have pictures from the house at all, neither did they show any interest in inspecting the conditions even though STS Canada has an office in Ottawa. When Salla moved in with the second family, STS’ office had no information about the family. We had to ask for address and other information several times. More specific information, for example the age or profession of the host mother, was never given to us.

In the second host family, the host mother’s nephew was a frequent visitor. This army man harassed Salla and without Salla knowing it, loaded porn on her computer. Salla experienced the situation extremely awkward, but was too scared to inform STS about it, because she had already learned that there would not be any kind of support from STS. She also knew that STS could use that porn on her computer as an excuse to dismiss her. A third party got involved and the army man confessed.
DISMISSAL FROM THE EXCHANGE STUDENT PROGRAM:
STS was aware of the latter host family only hosting temporarily to the end of January 2012. Without even trying to find a new host family for the rest of Sallas exchange time, Mira Silvonen deliberately began fabricating grounds for dismissal demanding supplementary reports about Salla’s health. Mira Silvonen did not think that Salla could have been taken to a health inspection in Canada. Instead she invited us as Salla’s parents to STS office in Helsinki to «discuss Salla’s allergies». On Friday 20. jan. at four pm Mira Silvonen, arrogantly announced that she had dismissed Salla from the program and that Salla would leave on Sunday.

As grounds for dismissal, Silvonen submitted breach of contract. According to Silvonen, we had not given essential information about Salla’s health. We should have mentioned that tobacco smoke can cause symptoms to an allergic person. Silvonen as a layman, had also decided that Salla had asthma that we also had not informed STS of. Mira Silvonen later in Court described how she was shocked to hear that a person allergic to pollen could get a reaction from apples during pollen season. It was the same with an allergic person suddenly getting a reaction from combination of for example spices, perfumes etc. All this should have been mentioned in the application form according to Silvonen.

STS advertises, that they comply with the recommendations of the Finnish national board of education regarding international student exchange. According to these recommendations, as well as STS’s own special terms of conditions, the exchange student and her parents should be informed about dismissal as soon as possible. The organization is also responsible for giving appropriate help and support before dismissal.

Mira Silvonen acted totally against the agreement. She bought flight tickets one month earlier and kept the dismissal secret from Salla and us until two days before departure. Silvonen says that she takes responsibility for the dismissal. She has never communicated, explained or apologized to Salla. She e-mailed the flight tickets without a comment about her decision.

It was left to us parents to inform Salla about this totally unexpected dismissal. In Canada the regional director Kim Berry had told Salla that the reason for her dismissal was «not sufficient interest towards the school» and therefore Salla did not appreciate the opportunity to study abroad. Apparently, Kim Berry was not aware of the fact that Salla was quite successful and was going to be moved to higher class after Christmas.

The Helsinki District Court sentenced STS Kielimatkat to refund €6.505 (US$7105) to Finnish Salla Rautiola due to unfair dismissal and numerous other breaches of contract in their exchange student program.