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ITT Educational Employees File Lawsuit Over Sudden Terminations

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ITT Educational Employees File lawsuit Over Sudden Terminations

IBJ for www.theindianalawyer.com

Two employees who were terminated Tuesday as part of mass layoff by ITT Educational Services Inc. have filed a lawsuit claiming the Carmel-based firm violated federal law by failing to provide 60-days notice.

ITT Educational announced Tuesday morning that it would permanently “discontinue academic operations” at all ITT Technical Institute campuses.

Allen Federman, a business analyst at ITT Educational’s Carmel headquarters, and Steve Ryan, an instructor for ITT Technical Institutes at two locations in California, filed the suit in U.S. District Court in Delaware the same day they were fired.

The lawsuit seeks class-action status on behalf of the 8,000 employees who are losing their jobs as a result of ITT Educational’s decision to shut down more than 130 ITT Technical Institute campuses in 38 states.

The lawsuit claims ITT violated the federal Worker Adjustment Retraining and Notification Act, or WARN Act, which requires 60 days advance written notice in the case of mass layoffs or plant closings.

The law affects employers with more than 100 employees and plant locations (or business sites) with more than 50 workers. ITT Tech campuses with fewer than 50 employees might not be responsible for following the law.

The suit also claims the layoff violates California labor laws, which also require 60 days notice during mass layoffs. ITT Educational operated 15 ITT Tech campuses in the state.

The lawsuit seeks a judgment to each affected employee equal to the sum of their “unpaid wages, salary, commissions, bonuses, accrued holiday pay, accrued vacation pay, pension and 401(k) contributions and other ERISA benefits” that would have been paid over a 60-day period.

“We’re involved in a complicated process of closure of our academic institutions right now,” ITT spokeswoman Nicole Elam said in an email response to IBJ about the lawsuit. “All matters involving students and personnel are priorities.”

One of the attorneys representing the plaintiffs is Jack A. Raisner of Outten & Golden LLP of New York, who represented employees of Corinthian College, another for-profit education chain that closed down, in April 2015, after the government withdrew aid.

ITT’s closure followed years of scrutiny by the federal education department over the school’s recruiting methods and students’ educational performance, and recent actions that made it ineligible to accept new students who relied on student loans.

In its statement Tuesday morning, ITT called the federal sanctions “inappropriate and unconstitutional.”

Adopt A Pet

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Madison is a 2 ½-year-old female orange tabby w/ white. She was adopted as a kitten, and then returned through no fault of her own. Her $30 adoption fee includes her spay, microchip, vaccines, and more. Call (812) 426-2563 or visit www.vhslifesaver.org for adoption details!

OTTERS TO RECOGNIZE LEAGUE ACHIEVEMENTS

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The Evansville Otters will recognize the league achievements of Josh Allen, Randy McCurry and Sam Hartsfield during tonight’s pre-game ceremonies before they take on the Joliet Slammers in Game #2 of the FLDS at Bosse Field.

League Deputy Commissioner, Steve Tahsler, will award Allen with the Morgan Burkhart Award (2016 League MVP). McCurry, relief pitcher, was named to the League’s Post-Season All-Star team. Hartsfield will be recognized by the league for his outstanding service to the Otters organization during his tenure. The Clubhouse Manager of the Year Award will be renamed in his honor.

First pitch is at 6:35pm. Tickets available at www.evansvilleotters.com or by phone at 812-435-8686 ext. 21.

SEPTEMBER 7 “READERS FORUM”

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WHATS ON YOUR MIND TODAY?

“IS IT TRUE” will be posted on this coming Thursday or Friday.

Todays READERS POLL question is: Who would you vote for If the election was held today for District 77 State Representative seat?

Please take time and read our newest feature articles entitled “BIRTHDAYS, HOT JOBS” and “LOCAL SPORTS” posted in our sections.

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City County Observer has been serving our community for 15 years.

Copyright 2015 City County Observer. All rights reserved. This material may not be published, broadcast, rewritten or redistribute.

CHANNEL 44 NEWS

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Former UK Board Chairman and Owensboro Businessman Charged with Rape,Sodomy
 Former University of Kentucky board chairman and Owensboro businessman, Billy Joe Miles, is charged with rape, sodomy and bribing a witness.

The 76 year old was charged in Daviess County Circuit Court Tuesday. Miles is charged with one county of first-degree rape, first-degree sodomy and bribing a witness. The rape reportedly happened in early July.

Miles served three terms on the University of Kentucky board between 1995 and 2013. He was also chairman from September 1999 through September 2002.

Miles is set to be arraigned September 26th.

Kentucky Congressman Officially Out of Office

 At 6:00 Tuesday night, Kentucky Congressman Ed Whitfield officially resigned from office.

Governor Matt Bevin will call a special election to fulfill the remainder of Whitfield’s term, which ends in January.

The special election will be November 8th during the general election.

Last year Whitfield announced he would not seek another term.

Previous Stories:

U.S. Congressman Ed Whitfield Resigns –  August 31st, 2016

Congressman Whitfield Found Violating House Rules – July 15th, 2016

ITT Tech Shuts Down Following Federal Sanctions

major announcement from ITT Educational Services. The for profit school will close all of its “ITT Technical Institute” campuses including the one in the Newburgh area effective immediately.

The announcement comes off the heels of increased scrutiny from the Federal Government. In August the Department of Education announced it would cut off federal aid to new students. Lawmakers say this sends a message to for-profit schools that are not producing job-ready graduates. Nationwide the campuses enroll around 40,000 students and 8,000 employees who are all without jobs as of Tuesday morning.

But Voters, As Always, Must Choose

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But Voters, Ss Always, Must Choose

by Andrew Horning
Libertarian for 8th District US House of Representatives

Freedom, IN – Many feel that our “Major Party” choices on Election Day have been getting worse and worse, while the general condition of our society and individual lives seems to be devolving toward calamity. That’s true, of course. But we could fix it if only we’d acknowledge the problem, admit who freely chose this, and realize who’s got the power to turn this around. The fix itself is simple enough, and mostly written-down already.

The most important three steps are:

· Stand down our military-industrial complex and global imperialism.
· Monetary/banking reform.
· End the cronyism/corruption culture.

That’s in reverse order, unfortunately; because as congressmen I could address the first two listed only after voters take a stand against the recent (since the 1970’s), self-appointed and irretrievably corrupt, “Two Party System”…by electing me!

Only voters can topple the two-party-in-name-only, crony network, which has become little more than a front, distraction, protection and marketing group for the finance and militarism elites who run the world behind the Two Party Firewall.

So before we can nullify the unjust, profligate, unconstitutional judgments, agencies, laws and actions which produced the welfare cliff, the horrific cost of healthcare, oppressive lawless bureaucracy, and of course endless war and ever-more militarization, voters must first say something to the ruling elites that they’ve not heard in a hundred years:

…NO!

The other 8th district candidates have no intention or ability to fix the mess they choose to represent. So, first, voters must vote against that corrupt monstrosity. Yes, it’s good to vote against what’s wrong. To say otherwise is a terrible misunderstanding of the whole point of elections; and that is for peaceful revolution. If they feel that they can vote for me, that’d be great. But first, voters must fire the Two Party System!

After voters fire that shot heard ‘round the world, we can talk about other reforms including:
· Term Limits
· Rule of Law
· End “earmarks” (pork)
· End special classes, special deals for special people – equality for all at long last
· Sunset provision/amendment to refine and reduce the number of laws so that our rules are:
o Few enough to actually know
o Simple enough to actually obey
o Important enough to enforce without exceptions or special classes

None of the preceding is ideological, untested or even new. Most of it is already law.
It’s all in voters’ power to set things right. But first, in order to use their power, they must understand that they’ve always had it, and used it to get to where we are today. And for that to happen, they need to be better informed of their choices, and how elections have been working up to now.

Liberty or Bust!
Andrew Horning
Libertarian for 8th District US House of Representatives
7851 Pleasant Hill Road, Freedom, IN 47431
(812) 585-0902 cell

Justices Take Case On DCS Caller Confidentiality

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Justices Take Case On DCS Caller Confidentiality

written by Dave Stafford for Indiana Lawyer

September 6, 2016

The Indiana Supreme Court will decide whether the Indiana Department of Child Services may be sued for failing to maintain the confidentiality of a caller who reported suspected child neglect.

Justices last week granted transfer in John Doe #1, et al. v. Indiana Department of Child Services, 49S02-1609-CT-464. A divided Court of Appeals panel reversed summary judgment in favor of DCS on a civil tort alleging DCS was negligent in failing to protect the reporting source, which violated I.C. § 31-33-18-2.

Majority judges Robert Altice and James Kirsch held that in the specific circumstances of John Doe #1, the Does established that DCS owed a duty of care to them, and therefore could be the subject of a complaint alleging negligence. Chief Judge Nancy Vaidik dissented, writing that the Legislature did not intend to create a private right of action.

Justices took one other negligence case before the Labor Day weekend, granting transfer on the question of whether a woman in a karate class who held a training bag may sue a man whose kick injured her.

Tresa Megenity sued David V. Dunn after she was injured in a karate class. Megenity claimed she was expecting a front kick, but Dunn delivered a kick with a jump, the force of which caused injuries. Dunn won summary judgment at the trial court, but a majority of the Court of Appeals — writing Judge Edward Najam and Judge Melissa May reversed, holding this was an issue of material fact requiring reversal. Judge Patricia Riley dissented and would have affirmed, and would have decided the matter based on the broad scope of karate, rather than whether Dunn’s kick was outside the sport’s reasonable and appropriate conduct.

The case is Tresa Megenity v. David V. Dunn, 22S04-1609-CT-465.

EVSC to Roll Out Texting Option for Parents

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In order to better communicate with families, the Evansville Vanderburgh School Corporation is officially rolling out text messaging as another avenue for communication and family notification. Text messages will officially begin Tuesday, September 20, and will be an addition to the phone calls and emails families receive.

Families who wish to receive text messages from the EVSC and their school must opt-in to the service. On Tuesday, September 20, families who have a wireless number listed in their student’s account with the EVSC will receive a message from 67587 asking them to reply “Y” to confirm and to continue receiving messages.  Those individuals who do not wish to receive texts can disregard the message.  Any wireless number listed on the student’s account can opt-in to receive text messages.

“This will be a great service to our parents and families,” said Jason Woebkenberg, EVSC Chief Communications Officer. “Our families communicate in so many different ways today and we know that one important way is through texts. Having the ability to quickly communicate with parents via text messaging will be important as we continue to refine ways we communicate with our families.”

As always, messaging and data rates may apply and the frequency of text messages will vary. Individuals may call 812-435-EVSC with questions.

Eagles Turn Attention To Augustana Invitational

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EVANSVILLE, Ind.—University of Southern Indiana Volleyball returns to action Friday and Saturday when it competes at the Augustana Invitational in Sioux Falls, South Dakota.

The Screaming Eagles (4-0) look to carry their momentum from a strong opening weekend into this week’s action as they take on No. 13 Winona State University Friday at 12:30 p.m. and Saturday at 10 a.m.; No. 22 Augustana University Friday at 7 p.m.; and Chadron State College Saturday at 3:30 p.m.

This weekend’s matches will be held at the Sanford Pentagon, site of the 2016 NCAA Division II Volleyball Championships as well as the 2017 NCAA II Men’s Basketball Elite Eight. Live stats and video for all four matches can be accessed at GoUSIEagles.com.

USI Volleyball Notes (September 6, 2016)

Flagler Invitational champs: By virtue of their 4-0 record, the Eagles captured the Flagler Invitational championship this past weekend. Included in their four wins were victories over host Flagler College, the 2015 Peach Belt Conference champions, and Valdosta State University, a 23-win team from 2015 that was picked to finish third in the Gulf South Conference this year.

Comeback kids: USI Volleyball rallied from match deficits in three of the four matches it played at the Flagler Invitational. The Eagles found themselves in two-set deficits against Flagler and Valdosta State before rallying for five-set triumphs in both matches. USI trailed Brevard, 1-0, in its fourth match of the weekend before rallying for a four-set victory.

Statistical Leaders: Freshman outside hitter Mikaila Humphrey (Floyd Knobs, Indiana) and junior outside hitter Shelbi Morris (Brazil, Indiana) paced the Eagles’ attack last week with 3.31 and 2.94 kills per set, respectively. Junior middle hitter Te’Ayla Whitfield (Fort Wayne, Indiana) averaged a team-best 1.29 blocks and 0.53 aces per frame, while senior setter Quin Shoultz (Columbus, Indiana) and junior libero Shannon Farrell (Munster, Indiana) led the Eagles with 9.24 assists and 3.82 digs per game, respectively.

No Bones about it: Whitfield, nicknamed Bones by her teammates, displayed an all-around game for the Eagles last week. She had at least five kills in each of USI’s matches, while twice racking up four aces. She had at least six blocks in USI’s last three outings, including seven in both of USI’s wins on Saturday.

Nice debut: Humphrey made her collegiate debut in USI’s come-from-behind win over Flagler last Friday. She racked up 11 of her 12 kills in the final three frames as USI rallied from a two-set deficit to defeat the Saints. Humphrey had 12 of her 16 kills in the final three sets as the Eagles rallied from a two-game deficit to defeat Valdosta State on Saturday.

Neutral site success: The Eagles have played well in neutral-site contests dating back to the 2014 season. Including this year, USI is 12-2 in its last 14 neutral-site matches.

Scouting the opposition: USI has a tough task this weekend as three of the four matches it plays features opponents ranked in this week’s AVCA Top 25. Winona State, which USI plays twice, enters the week ranked No. 13 after posting a 5-0 record last week, while Augustana is ranked No. 22 after posting a 4-0 mark last week. Chadron State went 1-3 in its opening weekend of competition.