Daily Cal - Monday, June 27, 2011

Page 1

look at us now: Recapping the Cal baseball team’s one-of-a kind season.

See P7 Independent Student Press Since 1971.

Berkeley’s Newspaper since 1871

Student’s appeal of sanction is rejected By Aaida Samad | Staff asamad@dailycal.org For a former UC Berkeley student journalist found responsible for conduct violations stemming from the November 2009 occupation of Wheeler Hall, more than a year and a half of student conduct proceedings recently came to a close following the rejection of his appeal and submission of his sanction paper late last week. In a letter addressed to Josh Wolf — a recent graduate of the campus Graduate School of Journalism — Vice Chancellor for Student Affairs Harry Le Grande rejected Wolf ’s appeal of a decision in late April that found Wolf responsible for three of five student conduct violations. The response to the appeal maintains the finding of responsibility as well as Wolf ’s sanction — a five-page paper on the role of student journalism on a university campus. “(The) appeal is denied and dismissed,” the letter reads. “I uphold the decision of the hearing panel and confirm the sanction issued.” Under the campus Code of Student Conduct, students who are sanctioned are able to submit an appeal to Le Grande, “based on newly discovered evidence that was not

conduct: PAGE 3

conduct

Task force submits final conduct code suggestions By Allie Bidwell | Senior Staff abidwell@dailycal.org Nearly eight months after its creation, the campus’s Code of Student Conduct Task Force submitted its final report Thursday, detailing proposed revisions to the UC Berkeley Code of Student Conduct. The task force was formally charged by Executive Vice Chancellor and Provost George Breslauer in October 2010 with the responsibility of modifying the campus’s hotly debated code of student conduct. Recommendations listed in the report include the establishment of an independent hearing officer position, the creation of a fixed timeline for the conduct process and the clarification of several definitions within the code. “I appreciate the enormous amount of work, time, and thought that went into this process,” Breslauer said in an email to the task force. “The main points you have

Code: PAGE 2

city government

PROJECTED DEFICIT

20

MILLION $

conduct

24/7 News Coverage at dailycal.org

Berkeley, CA • Monday, JUNE 27, 2011 – wEDNESDAY, JUNE 29, 2011

POSITIONS PROPOSED FOR LAYOFF OVER NEXT 2 YEARS

15 10

16.2

5 0

2011

79

12.2

13.3

2012

2013

FISCAL YEAR

77

47

eliminated

30

deferred

POSITIONS PROPOSED FOR LAYOFF LAST YEAR

Source: City of Berkeley Fiscal Year 2012 and Fiscal Year 2013 Proposed Biennial Budget WOOK LEE/STAFF

City Council to vote on budget proposals By J.D. Morris | Senior Staff jmorris@dailycal.org With the Berkeley City Council set to adopt a budget at its meeting Tuesday, a number of employee layoffs and reductions to city programs may result. The city is looking at eliminating about 79 positions — some of which are already vacant — over the next two years in order to cope with a projected $12.2 million deficit in the next fiscal year — down about $4 million from last year — as suggested in the biennial budget proposal from City Manager Phil Kamlarz, which was presented May 3. Kamlarz said that since that time, the impact of the layoffs has been somewhat mitigated through attrition. At the June 14 City Council meeting, an agreement was announced with the Service Employees International Union Local 1021, which represents the city’s maintenance and clerical workers. Under the agreement, a two-tiered pension system will be established along with the deferral of a 4 percent pay increase the union was to receive by 2012. “Ultimately, what we’re trying to do is mitigate the layoffs,” said City Budget Manager Teresa

Berkeley-Simmons. “We don’t want to have any layoffs if at all possible.” Though Berkeley-Simmons said the city has been doing everything it can to minimize the amount of layoffs that actually occur, she said there will be positions eliminated. Last year, the city deferred 30 of 77 proposed layoffs through reduced work schedules and voluntary time off. But the city manager’s proposals are not the only options on the table. Councilmember Kriss Worthington is one of several on the council who have submitted budgetary recommendations. Worthington’s recommendations propose cutting some of the city’s overtime pay funds to alleviate proposed cuts to its social service programs. “I think there’s about a dozen key programs that need just a little bit of money, and I think we can keep all of those things going,” Worthington said. In conjunction with Councilmember Darryl Moore, Worthington compiled a recommendation regarding Berkeley’s Warm Water Pool, which is slated to close later this year. Worthington and Moore recommended the preparation of a report regarding the therapeutic benefits of warm pools and recommendations for a new warm pool as well as pre-bond planning for all four of the city’s pools.

In all of this, uncertainty regarding the amount of state funding may require additional adjustments in the city’s budget down the road, Kamlarz said. Especially susceptible to further state cuts, Kamlarz said, is the city’s health department. The Public Health Division will already decrease clinic and case management services and the Mental Health Division will shift away from high-intensity services and toward wellness and recovery services under Kamlarz’s proposed budget. “We don’t know what that all means yet,” he said. “Nothing’s specific.” Contributing significantly to the city’s budgetary woes is the rising cost of health care and pensions. Health care rates have risen about 70 percent since fiscal year 2005. Furthermore, increasing rates of CalPERS — the city’s contribution to the statewide pension agency — will cost the city about $7 million over the next two fiscal years. Though cities across the state are struggling, Berkeley-Simmons said Berkeley has been able to brace itself to some extent through policies including the use of one-time revenue increases for one-time projects, such as road maintenance. “We have policies in place which have really helped us weather this storm,” she said. J.D. Morris is an assistant news editor.

Campus Renovations

Campanile construction will improve wheelchair accessibility By Jonathan Tam | Staff jtam@dailycal.org

Ayon Kabir/Staff

William Tatlonghari, David Moreno-Medina and Maria Parar visit the Campanile, which will begin being renovated starting July 5. The process will last just under six weeks.

UC Berkeley’s Sather Tower, better known as the Campanile, will be closed to visitors for six weeks beginning next month to make its entrance more wheelchair accessible. Due to the fact that the only visitor-accessible entrance will be blocked by construction efforts, visitors will not be allowed inside the building or up the 307 feet to the top of the clock tower between July 5 to Aug. 13, should construction move forward as planned. Paid for by general campus funds, the construction project will cost approximately $40,000, according to Sarah Hawthorne, assistant pro-

vost for academic compliance and disability standards. Hawthorne said the construction on the tower is part of a larger campus program to provide access upgrades to campus buildings so that UC Berkeley will be able to comply with the Americans with Disabilities Act of 1990. Under the act, it is required that all buildings on campus have wheelchair access. Upgrades to allow for better wheelchair accessibility on campus — which began in 2005 — started with “minor fixes” to a few campus buildings, including Zellerbach Hall and the lower level of Moses Hall that faces Barrows Hall, Hawthorne said. Currently, a slight step at the

Campanile: PAGE 2

2

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Online coverage 24/7

Dailycal.org Online Exclusives School board cuts funding for preschool classroom

Allyse Bacharach/Senior Staff

After voting to continue three of four 9.5-hour preschool classes for

the next school year, the Berkeley Unified School District Board of Education decided at its meeting June 22 not to use any more of its funds to keep the last classroom open. The issue was raised at the meeting by director Josh Daniels, who said he brought it up because he had learned that City Council members were open to using city funds to subsidize the preschool programs and planned to submit it for the upcoming City Council meeting. ...

Campus center co-sponsors report on Islamophobia The United States was given a score of 6.4 on a one to 10 scale measuring nationwide Islamophobia, with 10 being the “worst possible situation for Muslims,” in the first annual “Same Hate, New Target” report released June 23. The report, co-sponsored by the UC Berkeley Center for Race and Gender and the Council on American-Islamic Relations, defines Islamophobia as “close-minded prejudice against or hatred of Islam and Muslims.” “An islamophobe is an individual who holds a closed-minded view of

UC Berkeley alumna Mia Geurts was honored by State Assemblymember Nancy Skinner,

CODE: Provost says he accepts the proposals almost entirely From Front recommended strike a good balance between your stated desire for procedural consistency and fairness, on the one hand, and your belief that those who violate the Code should take responsibility for their actions.” Breslauer said he accepts the specific proposals almost entirely as written, with a few recommended changes, such as holding a broader discussion systemwide about reviewing the campus’ sexual misconduct process and incorporating only a statement on free speech and not a statement and definition on civil disobedience. Over the course of the school year, the 19-member group — composed of administrators, faculty and students — met several times to evaluate if current policies are fair and consistent. Many students facing conduct violation charges have complained their hearings have not been conducted in a timely manner. “It became apparent to the Task Force that a significant challenge for

Ayon Kabir/Staff

Islam and promotes prejudice against or hatred of Muslims,” the report states. ...

D-Berkeley, as the district’s Veteran of the Year last Wednesday. At a luncheon ceremony held Wednesday afternoon in Sacramento, Geurts — who served as a United States Army combat medic in Iraq — was presented with the award for her military service as well as her humanitarian volunteer efforts. “I’m just honored and overwhelmed,” Geurts said. “It was kind of unexpected, and it’s an honor to be chosen by this district. I’m glad they are supporting veterans.” ...

entrance of the tower can hinder handicapped visitors in entering the lobby, which led campus officials to determine an upgrade was necessary. UC Berkeley’s Department of Facilities Services, along with contractors, will temporarily remove the bricks in front of the entrance and grade some of the foundation underneath, which will slightly change the angle to the entrance, said Christine Shaff, communications manager for the campus’s facilities services. “At the construction’s completion, there should not be any noticeable difference from what (the entrance) looks like today,” she said. Shaff added that the campus usually experiences most of its construction work during the summer because there are fewer people on campus, making

Newly renovated!

JOAQUIN PHOENIX FILM IN BERKELEY: Over the weekend, Joaquin Phoenix was in the Berkeley hills filming a new movie at Hillside School. Check out Katie Nelson’s blog for the full story and a video with interviews and footage from the set.

“The location on the corner of Telegraph and Channing Way is one of the best perks of living at Telegraph Commons. It’s located only 2 short blocks from the UC Berkeley campus, and a short 15 minute walk from just about anywhere in Berkeley, I love it.”

Corrections The June 23 article “Budget proposal spurs on UC athletics debate” originally stated that Barsky began looking into whether state moneys were being used to possibly fund intercollegiate athletics a year and a half ago. In fact, Barsky began looking into whether campus moneys were being used to help fund the department at that time. The article also stated that Barsky was concerned with whether state money could be given to campus departments such as intercollegiate athletics after noticing a change in the 2009-10 governor’s budget. In fact, he noticed the change while looking at Brown’s 2011-12 proposed budget that was presented in January. In addition, the article incorrectly quoted the Nov. 5, 2009, resolution as recommending that there be an end to “all funding of Intercollegiate Athletics from campus subsidies immediately.” In fact, the resolution recommends that “All funding of Intercollegiate Athletics from campus subsidies and the use of student registration fees cease immediately.” The Daily Californian regrets the errors.

Clarifications The June 23 article “Budget proposal spurs on UC athletics debate” may have implied Barsky believed there were departments other than intercollegiate athletics that had moneys wrongly put towards their units. The article also may have implied that Barsky was concerned about only campus discretionary funds being allocated to Intercollegiate Athletics, when in fact he was concerned about how all campus funds were being allocated to the department.

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alleged violation letter. The student then has one week to decide between several options for the process. If the student chooses to proceed with a hearing, it must be scheduled for at least 15 days, and no later than 25 days, after the reply deadline. If the student does not reply, the center may impose the proposed sanction if it is less severe than suspension or expulsion. If the proposed sanction is suspension or expulsion, the center can propose the case to an independent hearing officer, who may choose whether to impose the sanction. The task force also recommended more detailed descriptions for “certain policies or procedures” that the code states students may be found responsible for, but does not outline what the violations mean. It recommends that the Office of Legal Affairs and UCPD ensure the definitions are aligned with city and state laws. Allie Bidwell is the news editor.

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This publication is not an official publication of the University of California, but is published by an independent corporation using the name The Daily Californian pursuant to a license granted by the Regents of the University of California. Advertisements appearing in The Daily Californian reflect the views of the advertisers only. They are not an expression of editorial opinion or of the views of the staff. Opinions expressed in The Daily Californian by editors or columnists regarding candidates for political office or legislation are those of the editors or columnists, and are not those of the Independent Berkeley Student Publishing Co., Inc. Unsigned editorials are the collective opinion of the Senior Editorial Board. Reproduction in any form, whether in whole or in part, without written permission from the editor, is strictly prohibited. Copyright 2011. All rights reserved. Published Monday through Friday by The Independent Berkeley Student Publishing Co., Inc. The nonprofit IBSPC serves to support an editorially independent newsroom run by UC Berkeley students.

the infrastructure of the tower to be changed. During the six weeks of construction, the carillon — the keyboard instrument that controls the 61 bells of the Campanile — will not play its three-times-a-day music because musicians will not be able to gain access to the tower. But the daily bell toll should still occur because it tolls automatically without the need of any musicians, Clark said. She added that she felt the construction should go off without a hitch and that by August, the tower will reopen as promised. “The project team is usually good unless something drastic happens, because they have all the materials ready, and everything is all lined up,” she said.

Report ranks pavement condition in ‘fair’ category By J.D. Morris | Senior Staff jmorris@dailycal.org The overall condition of pavement on the city of Berkeley’s thoroughfares is just shy of entering a level that would greatly increase the need for major rehabilitation, according to a recent report. The report, released last Wednesday by the Metropolitan Transportation Commission, gave Berkeley a pavement condition index of 60 out of a possible 100 points, placing the city in the “fair” category. According to the report, deterioration accelerates rapidly and the need for restoration increases below this threshold. “Years of deferred maintenance

have caught up with us,” said City Manager Phil Kamlarz. The Bay Area was given an overall pavement condition index of 66 and is in roughly the same condition as it was 10 years ago, according to the report. “The condition of pavement on the Bay Area’s local streets and roads is fair at best,” the report states. “The typical stretch of asphalt shows serious wear and will likely require rehabilitation soon.” According to the report, better pavement can assist in efforts to meet state targets for curbing greenhouse gas emissions. Low-cost preventative maintenance can also reap environmental benefits because it requires

report: PAGE 3

Tiffani Huang Property Manager 510.644.1876 tiffani@telegraphcommons.com Telegraph Commons 2490 Channing Way Berkeley, CA 94704 www.telegraphcommons.com

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construction less disruptive. “This temporary closure will likely affect the new students from orientation the most, since they usually want to go up the Campanile upon their initial visits to Cal,” said Lilyanne Clark, a campus administrative assistant who operates the tower’s elevator. Though the construction should allow handicapped patrons to visit the lobby and ride the elevator to the seventh floor vestibule, such visitors will still require assistance to climb the 38 stairs to reach the observation deck atop the tower, Clark said. However, making the observation tower wheelchair accessible is highly unlikely, Hawthorne said, because the tower has been deemed a state historical building, and as a result, this distinction does not allow

parking & transportation

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Matt Wilson, Publisher

both the students participating in the conduct process as well as the (Center for Student Conduct and Community Standards) staff revolved around the timeline,” the report states. “As a result, student confidence in the conduct process suffered as widely varying case durations and unclear timelines created confusion and frustration.” The task force recommended a strict timeline to which the center and students must adhere. The timeline begins when the Center for Student Conduct receives a complaint within 60 working days of the date that the author of the complaint knew or “should reasonably have known” about the alleged violation, according to the report. If the law or an external agency requires that information be withheld, the timeline is modified to 30 working days from the time the information “can or could have been released.” Within seven days, the center must determine whether it needs extra time or whether it will send the student an

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administration

Monday, June 27, 2011 – Wednesday, June 29, 2011

Campanile: Changes not expected to be visually noticeable

UC Berkeley alumna honored as Veteran of the Year

Mia Geurts/Courtesy

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The Daily Californian OPINION, News & legals

Monday, June 27, 2011 – Wednesday, June 29, 2011

W

hile the sentiment of “I’ve never measured my cock, I figure I couldn’t do anything about it anyway� is certainly better than an unreasonable obsession with size, I am more of a fan of know what you’ve got, and work it. Penis size matters, but probably not in the way that most people think. The saying “it’s not the size of the worm, it’s the way it wriggles� always gives me uncomfortable mental images, but the meaning is spot on. Size only matters because it tells you the way you ought to be wriggling. The men who have measured seem to only go for length. In the conclusion of the Ansell Research study on penis size, they pointed out that in every study where medical professionals measured a man’s penis, average length was below six inches. Let men measure their own, and length jumps above six inches. Now, I’m not claiming that a random person coming at you with a measuring tape isn’t going to be a little wilting, but it seems a little suspicious. Women, on the other hand, really only notice length in the negative sense. Longer isn’t always better. Certain positions, like doggy style, combined with a longer-than-average cock are likely to end with the girl being rammed in the cervix. This is not a fun thing. Making sure you spend time on foreplay is a good idea for everyone and can help avoid painful incidence if you are longer than average. When aroused, a woman’s vagina lengthens and the cervix retracts, which means there is more room for a longer cock than if the arousal process is truncated. To start with, missionary tends to not irritate, and girl on top allows her to control angle and depth of penetration, as well as offering the best chance for orgasm in general. It’s in the more acrobatic positions that things get hairy. f a position ends with your partner in pain, there are a few tricks to try. The first and easiest is to control how deeply you thrust. This may take more attention than you have in the midst of sex. The second option is to get a cock ring designed to keep you from penetrating as deeply. Cock rings add an element of technicality to the encounter, but they can allow a man to enjoy positions that would otherwise be off limits. For men who trend in the other direction as far as length, from behind is a position that allows deep penetration along with access to both breasts and clitoris, so take advantage and she won’t be thinking of length at all. In fact, she probably wouldn’t notice anyway. According to one

I

Erica Chase sex@dailycal.org penis size preference chart floating around the Internet, a chart from all appearances designed expressly to give men a size complex, the ideal length for a penis ranges from 7.25 to 8.5 inches. Considering the vast majority of penises are 5.5 to 6.3 inches, it seems like there must be a lot of disappointed women in the world. Not to mention the fact that things can get a little hairy as far as cervix bumping goes starting well short of 7 inches. he reported preferred girth is 6 to 6.5 inches. Average is 4.9 inches, with the majority falling from 4.7 to 5.1 inches. To put that reported preferred girth in perspective, 6 inches is also the average size of a woman’s wrist. Given the rarity of the super large penis, it makes me wonder who exactly “The Authentic Woman’s Penis Size Preference Chart� was polling. I’m pretty inclined to just chalk it up to bad estimation skills. That’s not to downplay the importance of girth. In fact, more women are going to speak positively of an above average girth than the super long penis that guys seem most concerned with. But again, size isn’t king. The benefit of girth is that it makes it easier to get G-spot stimulation, no matter the position. If you don’t have that advantage, just concentrate on positions that have the penis rubbing against the front wall of the vagina. Putting a pillow under her hips during missionary can help keep her pelvis tilted and the fun bits in range. In fact, most positions, with a little modification, can have any size penis rubbing the right way, and conversely, the wrong way too. Girth doesn’t get you out of knowing what you are doing. And whether your partner thinks you are too big or too small, a dildo that fits size preference exactly can be used. That is really what the whole size issue comes down to: preference. And orgasm washes that right out the window. Big, small or right in the middle of the pack, technique and care matter far more than something you really can’t do anything about.

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From front available at the time of the hearing, significant procedural error, or upon other evidence or arguments which, for good cause, should be considered.� Wolf ’s appeal, which was filed in June, brought up procedural issues from his conduct proceedings, including alleged bias on the part of his hearing chair. It called for a reversal of the determination of responsibility, stating that his hearing panel did not follow its own standards of evidence and committed actions that were not lawful under state law as well as the U.S. Constitution. However, in the response to the appeal, Le Grande rejected these arguments as well as others brought up in the appeal. A response to Wolf ’s appeal from the campus Center for Student Conduct and Community Standards stated that the appeal “did not include any newly discovered evidence ... (or) significant procedural errors in the conduct process,� and requested that Le Grande uphold the hearing panel’s responsibility determination and sanction for

Wolf. Both Wolf and his advisor Nathan Shaffer, a recent UC Berkeley School of Law graduate and member of the Campus Rights Project, said they were not surprised by the appeal’s rejection. “The situation is sad, because (administrators) have the ability to run a fair process, but choose not to,� Shaffer said in an email. According to Wolf, while the decision is frustrating, he hopes that the paper he submitted for his sanction —a proposal on how to revise the campus code of conduct to provide protections for student journalists on campus — will have a greater impact than his appeal did. “I’ll be happy when I see a new Code of Student Conduct that has language that protects journalists,� Wolf said. “This (process) is me doing the work that’s part of being a responsible journalist.� In his paper, Wolf proposes amendments to University of California campus codes of conduct in order to ensure First Amendment rights of student

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journalists are protected. The proposal, which is modeled after portions of the University of Louisville’s Code of Student Conduct, has been submitted to the Center for Student Conduct and Community Standards, and Wolf said he intends to follow up to ensure that it goes to campus administrators who are involved in the student conduct process. In addition, Wolf is soliciting signatures for his proposal from groups such as the Student Press Law Center and the Society of Professional Journalists, Northern California. According to Wolf, he intends to send the proposal to the UC Office of the President as well as the chancellors at all ten UC campuses. “My purpose is not so much to get them all to change their codes of conduct, but at least I’m hoping that it will make them aware of the situation and compel them to think about ways they can remedy it,� he said. Aaida Samad is an assistant news editor.

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Report: Proposed city budget allocates more for maintenance From Page 2 less asphalt to be used and fewer heavy has more social programs to fund than ing projects, he would rather see more truck trips than is mandated by major some cities, including a health depart- money go toward some of the city’s social service programs slated to see marehabilitation projects, the report also ment subsidized by the city. In the proposed biennial budget jor cuts in the upcoming budget. states. “Stopping layoffs, stopping social Kamlarz attributed the score in part recommended by Kamlarz — which is to the fact that Berkeley is an older city up for consideration by the Berkeley service cuts and having a fiscal reserve with aging infrastructure. Investment City Council at its Tuesday meeting — — all three of those things are more to maintain it has been pushed back the Streets and Sanitation Division of important to me than paving projects,� Worthington said. of Public Works over the years as the city has opted the city’s Department ?7>=4) .*)&.-1&1,)) 50G) .*)&1-2&+1), 4<08;)e^`Zel9]Zber\Ze'hk` Ihlm rhnk :eZf^]Z <hngmr E^`Zel pbma nl' According to Kamlarz, roughly to fund its more immediate needs in- is proposed to be funded $11.7 million $400,000 for paving projects will in fiscal year 2012 and $11.9 million come from the county. stead, he said. The issue of how much to fund pave- in fiscal year 2013. In fiscal year 2011, “The thing about streets is they’re ment maintenance relative to other city $11.1 million was adopted for the divi- not so exciting until it’s the street right services is what Kamlarz referred to as sion. outside your house,� Kamlarz said. City Councilmember Kriss Wor“policy decisions and trade-offs.� J.D. Morris is an assistant news ediMoreover, Kamlarz said Berkeley thington said that though he likes pav- tor.

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NOTICE OF PETITION TO ADMINISTER ESTATE OF: Theresa Yoh Yun Tsao CASE NO. RP11580108 To all heirs, beneficiaries, creditors, contingent creditors, and persons who may otherwise be interested in the will or estate, or both of Theresa Yoh Yun Tsao. A PETITION FOR PROBATE has been filed by Jeffrey R. J. Tsao in the Superior Court of California, County of ALAMEDA. THE PETITION FOR PROBATE requests that Jeffrey R. J. Tsao be appointed as personal representative to administer the estate of the decedent. THE PETITION requests the decedent’s will and codicils, if any, be admitted to probate. The will and any codicils are available for examination in the file kept by the court. THE PETITION requests authority to administer the estate under the Independent Administration of Estates Act. (This authority will allow the personal representative to take many actions without obtaining court approval. Before taking certain very important actions, however, the personal representative will be required to give notice to interested persons unless they have waived notice or consented to the proposed action.) The independent administration authority will be granted unless an interested person files an objection to the petition and shows good cause why the court should not grant the authority. A HEARING on the petition will be held in this court as follows: July 11, 2011 at 9:30AM in Dept. 201 located at 2120 Martin Luther King Jr. Way, Berkeley, CA 94704. IF YOU OBJECT to the granting of the petition, you should appear at the hearing and state your objections or file written objections with the court before the hearing. Your appearance may be in person or by your attorney. IF YOU ARE A CREDITOR or a contingent creditor of the decedent, you must file your

claim with the court and mail a copy to the personal representative appointed by the court within four months from the date of first issuance of letters as provided in Probate Code section 9100. The time for filing claims will not expire before four months from the hearing date noticed above. YOU MAY EXAMINE the file kept by the court. If you are a person interested in the estate, you may file with the court a Request for Special Notice (form DE-154) of the filing of an inventory and appraisal of estate assets or of any petition or account as provided in Probate Code Section 1250. A Request for Special Notice form is available from the court clerk. Attorney for Petitioner Kathryn M. Murphy 1900 Addison St. Ste. 200 Berkeley, CA 94704-1161 510-845-8737 Publish: 6/20, 6/23, 6/27/11 NOTICE OF PETITION TO ADMINISTER ESTATE OF: ROBERT A. DUVAL CASE NO. RP11581332 To all heirs, beneficiaries, creditors, contingent creditors, and persons who may otherwise be interested in the will or estate, or both of Robert A. Duval A PETITION FOR PROBATE has been filed by Douglass H. Duval in the Superior Court of California, County of ALAMEDA. THE PETITION FOR PROBATE requests that Douglass A. Duval be appointed as personal representative to administer the estate of the decedent. THE PETITION requests the decedent’s will and codicils, if any, be admitted to probate. The will and any codicils are available for examination in the file kept by the court. THE PETITION requests authority to administer the estate under the Independent Administration of Estates Act. (This authority will

allow the personal representative to take many actions without obtaining court approval. Before taking certain very important actions, however, the personal representative will be required to give notice to interested persons unless they have waived notice or consented to the proposed action.) The independent administration authority will be granted unless an interested person files an objection to the petition and shows good cause why the court should not grant the authority. A HEARING on the petition will be held in this court as follows: July 27, 2011 at 9:30 AM in Dept. 201 located at 2120 Martin Luther King Jr. Way, Berkeley, CA 94704. IF YOU OBJECT to the granting of the petition, you should appear at the hearing and state your objections or file written objections with the court before the hearing. Your appearance may be in person or by your attorney. IF YOU ARE A CREDITOR or a contingent creditor of the decedent, you must file your claim with the court and mail a copy to the personal representative appointed by the court within four months from the date of first issuance of letters as provided in Probate Code section 9100. The time for filing claims will not expire before four months from the hearing date noticed above. YOU MAY EXAMINE the file kept by the court. If you are a person interested in the estate, you may file with the court a Request for Special Notice (form DE-154) of the filing of an inventory and appraisal of estate assets or of any petition or account as provided in Probate Code Section 1250. A Request for Special Notice form is available from the court clerk. Attorney for Petitioner Paula Leibovitz Goodwin 93 Moraga Way, Suite 101 Orinda, CA 94563 Publish: 6/27/11, 6/30/11, 7/5/11

Opinion

“

The Cal Veterans Group reached out to my community college group, told us we should come to Cal and were really supportive of veterans.” —Mia Geurts, District Veteran of the Year

Monday, June 27, 2011 – Wednesday, June 29, 2011

EDITORIALS

OP-ED

UNIVERSITY ISSUES Raising summer course fees for nonresident students deserves further thought due to financial burdens.

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ecause the University of California is in a dire financial situation, it must further consider raising nonresident fees for summer sessions. Currently, nonresident students pay the same fee as California residents — $343 per unit — but in the face of monumental cuts to its funding, the university cannot afford to leave anything off the table. As yearly tuition increases and classes are cut, more students are going to look to summer courses as a way to complete their degrees early in order to save money that otherwise would be spent on fees and living expenses. Subsidizing nonresident fees for the summer incentivizes students from outside the university to attend summer classes, and though their scholarly pursuits are welcome, they should not come at the expense of UC students and residents of California. While opponents have argued raising nonresident fees for summer sessions would push out-ofstate and international scholars away from the university, a modest fee increase should not deter nonresidents from attending the world’s finest public university. But as a public institution of

California, it is of the utmost importance that the university give Californians preferential financial treatment. It is unfair that nonresidents pay the same fees as residents because the university is funded partly through state taxes. Californian taxpayers should not be responsible for subsidizing summer courses for students from outside of California who have not established residency. However, advocating for further consideration of a fee increase for nonresident students is in no way villainizing these students. Out-ofstate and international scholars are crucial to maintaining the excellence of the university. These students provide invaluable diversity on all of the UC campuses. But as California faces a historic budget crisis, it is important that the university act in the best interest of Californians by providing first and foremost for resident students. The university must continue to work toward a balance between cost reductions and revenue increases. While low student fees are ideal, we must face reality. And unfortunately, reality dictates that the university look to increase streams of revenue while prioritizing Californians.

Further down the road CITY AFFAIRS The city needs a long-term plan to address potholes and prevent costly maintenance in the years to come.

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otholes are a blemish for the city of Berkeley. According to a recent report by the Metropolitan Transportation Commission, Berkeley scored a 60 out of 100 on the pavement condition index — indicating that its road system is on the precipice of rapid deterioration. We understand that the city faces an enormous deficit, and road repairs at this point should be a long-term goal. But city officials can start now by drafting long-term plans aimed at fixing and maintaining decent roads. Road conditions can have both a positive and a negative impact on local economics. Not only do unsightly potholes make Berkeley less aesthetically pleasing ­— they also make traveling through Berkeley less attractive to drivers. While bad roads are not be the sole cause of economic underperformance, they certainly have an impact on the businesses located near deteriorating infrastructure. Fixing potholes — and preventing further decay — will produce a positive, noticeable change in the stores and areas tourists are attracted to. Bad roads are also a blight on

the strong green image Berkeley prides itself on. They decrease gas mileage and increase necessary automotive maintenance — exacting both economic and environmental costs. We do not expect the city to fill all of the potholes this year — such a request would be unreasonable. But we do expect city officials to produce long-term, concrete plans that address the issues raised in the report. Waiting any longer to begin to address the problem will only make the inevitable repairs more costly for the city and the public at a time when both are already facing heavy financial burdens. The residents of Berkeley — who pay local taxes in part to maintain their streets — deserve to know that city officials are working toward addressing the problem. Berkeley has many reasons to be proud. With proper planning, the city can ensure road conditions are one of those reasons in the years to come. Until then, the report’s findings are an embarrassing reminder that city officials must salvage Berkeley’s grade by paving the way toward well-kept roads with a concrete plan of action.

On June 7, the Daily Cal reported on the demonstrated trapping of long-lived antihydrogen atoms by the Antihydrogen Laser Physics Apparatus collaboration, which includes members of the Fajans and Wurtele research groups in the UC Physics department. As a follow-up, the graduate students of these groups would like to offer a perspective to explain what this result means and how this ties into the state of the field. Studies of antimatter have historically been of great importance to research at Berkeley. In 1932, Carl Anderson, using a bubble chamber at our own Lawrence Berkeley National Laboratory, discovered the first observed antimatter particle: the positron. It, oddly enough, behaved like an electron but seemed to carry the opposite charge. Soon afterward, in 1955, Emilio Gino Segre and Owen Chamberlain laid claim to the discovery of the antiproton in the newly constructed Bevatron at LBNL. Not only do these particles exist, but if a matter and antimatter particle of the same kind overlap, they can annihilate; they disappear as particles and leave behind energetic, lighter particles. While antimatter has been observed for many decades, the particles have generally not been produced with low enough energy to give us more than a fleeting glimpse of their behavior. What has been determined, however, is that every charged fundamental matter particle has an antimatter equivalent that to the limits of current measurement, which appears to have identical mass and equal but opposite charge. However, this symmetry creates a problem for physicists, since we observe that the universe is largely made of matter and antimatter particles, and, while not uncommon, are relatively sparse when compared with the quantity of normal matter. If we claim that antimatter behaves the

same as matter but with opposite charge, there is no good explanation for why matter became the dominant type of particle in the universe. With this in mind, physicists today are looking in many places to see if and where the symmetry of matter and antimatter may have been broken. Since any asymmetry is suspected to be very small, it’s usually best to try to measure any differences in very precise, well-established systems, such as atomic clocks which can be measured to better than one part in 100 trillion. In order to make this comparison, however, we have to be able to hold an antimatter atom long enough to use it as a clock. To understand what we have done, we should clarify what, precisely, was confined in our trap. While holding antimatter may seem like the realm of science fiction, positrons have been captured and confined reliably for over 30 years but are only held as a cloud of free, charged particles. The difference in our trap is that we hold onto antimatter that is in a bound, neutral atomic state. Atomic hydrogen, the simplest element in the periodic table, consists of a positively charged proton and a negatively charged electron which are bound together by electromagnetic forces. If we combine the two antimatter partners, the antiproton and the positron, in the same manner as their matter equivalents, we get antihydrogen. It is this system of antimatter that we have managed to hold for 1,000 seconds. While this may sound simple in con-

Editorial Cartoon

By Maen Mahfoud

Marcelo Baquero-Ruiz and Alex Povilus Special to the Daily Cal opinion@dailycal.org

valentina fung/staff

For your consideration Holding antimatter is exciting step for physics

cept, the art is in finding a way to create antihydrogen atoms at low enough energies that they can be reliably trapped. Since antihydrogen is not electrically charged, it is much harder to hold onto once you create it. We rely on the weak magnetic repulsion of antihydrogen to suspend it in the trap. However, since the magnetic moment of the atoms is weak, we are only able to trap very few atoms at a time. Now that we have been able to get a hold on antihydrogen, we will start performing measurements and learning more about antimatter. There is still much to be studied, and many obstacles will need to be found and surpassed before we get to the final goal of precision; but the recent accomplishments show we are on the right path to get there. These are really exciting times for antimatter. Marcelo Baquero-Ruiz and Alex Povilus worked with ALPHA.

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Berkeley’s Independent Student Press — Celebrating 140 years

Senior Editorial Board Tomer Ovadia, Editor in Chief and President Matthew Putzulu, Managing Editor Allie Bidwell, News Editor Cynthia Kang, Arts & Entertainment Editor Nikki Dance, Design Editor Gopal Lalchandani, Night Editor Andrew Davis, Opinion Page Editor Diana Newby, Blog Editor Kelly Fang, Multimedia Editor Anna Vignet, Photo Editor Ed Yevelev, Sports Editor

The Daily Californian opinion

Monday, June 27, 2011 – Wednesday, June 29, 2011

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OP-ED

Alex Serna Special to the Daily Cal opinion@dailycal.org On May 11, 2007, my life as I knew it completely changed with the birth of my first daughter. I was 17 years old. A mediocre high school student who only barely graduated with a high school diploma was going to become a father. As one from a predominately Latino, working-class community whose parents both immigrated from Mexico, the odds of my attaining an education were dismal; those odds lessened once I found out I was going to become a father. Society’s perception of teen dads has become enveloped by a mythos of neglect, inability and ignorance, with an irrefutable consensus that all teen dads will leave their children or be oblivious to being a father and parent. Most poignantly, a myth has been recently constructed and heavily conveyed by “reality” television shows such as “Teen Mom” and “Sixteen and Pregnant.” The shows track the lives of desperate teens who must make difficult decisions as to how they plan to care for their children and work through the struggles of juggling being a teenager and a parent. Fathers, in particular, are oftentimes depicted as inept to the role of being a dad. They are often portrayed as being away from their new family, off with their buddies or completely oblivious to the certainty of fatherhood. In the last several seasons, only an extremely insignificant number of dads maintained a healthy relationship with their families. Recently, the

two shows, in addition to their other permutations (“Teen Mom 2”), have garnered immense viewership, thus requiring our collective reevaluations of teen dads today. The role of “reality” television in general has skewed our collective perceptions concerning wealth, marriage, love and relationships, although the ways in which teen pregnancy and parenting have been addressed only exacerbate the increasing rate of teen pregnancies by glorifying a few who have garnered celebrity from their stories. Even though I recall being treated as a bewildered and helpless teen dad when I was changing my daughter’s diaper for the first time, a day after she was born the hospital staff was stunned by my dedication as a father when they noticed my acquired knowledge of Braxton hicks, Apgar scores, diapering (it’s an art) and the like. The degree to which these shows have ossified our collective understandings of teen dads is not withholding. False representations were present before reality television, though they have only recently been further legitimized and amplified. From the very basic (diapering, bottle feeding, health) to the enduring questions of plans and pursuits, teen dads have been portrayed superficially; editing and conscious decisions as to what is left in the final cut of shows aired on national television do not reflect the realities of teen dads and those who dedicate themselves to caring for their children at a young age. It is not about dismissing the statistical data that indicate the larger number of teen dads who do fit the “reality” television portrayal, but

nicole li m/staff

Television perpetuates a negative, sometimes false reputation of teen fathers

it is about those who against all odds stay with their families and struggle to provide them with a good life. After graduating from the University of California, Berkeley, last spring and entering a graduate program in teacher education at the University of California, Los Angeles, I have tried to work against currents of media and television representations and ideologies that say that I should have not graduated and should have instead left or neglected my parenting responsibilities. As a father of three daughters, I have

learned the importance of being supportive, caring and loving. Many other teen dads whom I have had the pleasure of knowing have had similar paths. Today, as a result of the inundation of “reality” television misrepresenting the role of “teen dads,” it has become more paramount to acknowledge that not all teen dads are bad and to understand that these misconstrued re-presentations have an effect on the way future teen fathers understand and embrace their roles. Alex Serna studied American Studies at UC Berkeley.

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Monday, June 27, 2011 – Wednesday, June 29, 2011

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The Daily Californian SPORTS

Monday, June 27, 2011 – Wednesday, June 29, 2011

7

baseball | Season Recap

Roller coaster year turned into a season for the ages This spring’s Bears gave us a team for all seasons Mankl]Zr% FZr ,% +))0

Ma^ =Zber <Zeb_hkgbZg 3D<<H our young men stand before

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the entrance to the College World Series. Three are huddled together, caps askew. They lift the other above their heads as he raises a single finger to the sky. They are no one and everyone, ecstasy cast in bronze to represent every college player who has stepped onto Omaha’s storied fields. Where the 2011 incarnation of the Cal baseball team rests in CWS history remains to be seen. To say the city wept for the Bears may be too saccharine; they exited after three games and didn’t provide TD Ameritrade Park with the same theatrics they pulled off with mechanical regularity throughout the season. Love requires time, and their stay amounted to a summer fling. But consider yourself lucky if you followed this team — you witnessed Cal athletics at its absolute finest. The heart of this story was written before Omaha, but figuring out exactly where to start is a more difficult task. Do we trace back to September, when the administration handed the Bears a death sentence? Or follow the team’s blistering start to the season, when it broke in with a 19-6 record? Its miraculous resurrection in April, followed by a 12-13 on-field stumble? The ups and downs this team has 17 seen through the last few # months has been stranger than fiction, a microcosm of life’s unpredictability. When things looked bleakest, the Bears were at their best. They fell behind by four runs in their first elimination game; three games later, they tapped in four in the ninth inning to win the Houston Regional. They produced six walk-off victories this season. They outscored opponents 97-28 in the eighth and ninth innings. All sorts of pithy sayings are applicable here. “When the going gets tough, the tough get going,� for example. Or you can try, “The Bear does not quit; the Bear does not die.� What sets this season apart from any other is the obstacles along the path, but these phrases are too tired and overused for a team that dazzled the light-less

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8 2 3 6 Jack Wang 4 5 7 1 Sophomore Justin Jones had an up-and-down season, but dominated Dallas Baptist in the Bears’ Super Regional opener. will the 2012 Bears 2 5 9 Check 7 What 3do for an encore? Visit our sports blog Online for next season’s top storylines. 8 3 1 6 4 2 9 5 2 3 4 3 1 CROSSWORD PUZZLE 8 2 #4775 2 1 ACROSS ANSWER TO #1078 11. Spanish rivers Answer to Previous Puzzle

eugene w. lau/staff

jwang@dailycal.org

Evans Diamond. came from the bottom as well as the Their future is secure for at least By Katie Dowd | Senior Staff top of the lineup. the next decade, and likely for much kdowd@dailycal.org Then, on April 8, salvation came longer. It’s the way things should be, www.dailycal.org down: Cal baseball would be reinstated. but with the spectre of extinction But that happy reprieve didn’t translate gone, the hero has no foil. Since defeating Dallas Baptist to Renda, the team’s steel-tough pro to the field. Perhaps with their do-or-die Maybe these Bears win the whole advance to the College World Series, prospect at second base who lost his urgency gone, the Bears lost a spark. damn thing next year. They return the Cal baseball team has been joking father to lung cancer the summer They finished the year 12-13 and lost six most of their core, including Pac-10 that someone should make a movie out before. For grit there was Chad of their last seven conference games. Player of the Year Tony Renda. of their storybook season. If Hollywood Bunting, who languished in anonymity After being swept by Stanford, Cal bareFreshman Derek Campbell, who ever does, they’ll probably write a dif- as a bullpen catcher for two years ly made the postseason. But that second filled in for Renda at second base ferent ending — one that doesn’t involve before becoming a starting outfielder. chance was all they needed. when he was sidelined with a the Bears being sent home after an 8-1 And for comic relief there was fresh- The rest you already know. The strained quad, should slide seamtrouncing by Virginia. man infielder Derek Campbell, who Bears lost on their first day in Houston lessly into the middle infield. As magical a season as it was, in the flashed a bleached blonde mullet and and never lost there again. They han The biggest question mark might moments after the Bears limped to a groomed an image as a musical star. dled Dallas Baptist in the Super be pitching. Junior starters Erik conclusion, the loss cast a funereal pal- The Bears opened 2011 with a bang Regionals and celebrated long into the Johnson and Dixon Anderson will lor over the team. The locker room was — two wins over Utah, the second on a night. And then they went to Omaha. walk-off single by freshman Andrew Under humid skies, Cal eliminated most likely leave as second- and silent, the tears gathering in tired eyes. ninth-round draft selections, and “We’re disappointed,â€? catcher Knapp. Texas A&M and lost to No. 1 Virginia 1.Miller Frolic “We do-it-all senior Kevin departs Chadd Krist said heavily. 12. Bancroft, for onewanted to come out andC make twice. nearly A S They E were E out-matched P E AbyC E N 6. Baby!s EASY word With each day that’s as well. gone by since, # 18the every teamRat the CWS but, even while 13. Red ediblea statement,â€? Knapp saidUafter T A R G E losing 8-1 R inI their P lastRgame of G the D E sea But even there, 10. the rotation the sting has lessened. 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Sports

“

I do want little girls to know they can grow up and be executives in baseball, it’s not just for boys.” — Jean Afterman, Cal graduate, on her position as the Yankees’ Assistant GM

Monday, june 27, 2011 – Wednesday, june 29, 2011 • dailycal.org/sports

Madam Cal graduate Jean Afterman has taken her talents from the Berkeley stage to a Major League front office in the Bronx. By Chris Haugh | Staff chaugh@dailycal.org

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n the cut-throat world of Major League Baseball’s front offices, it’s hard to know when you have arrived. Jobs are transitory, achievements ephemeral. However, one litmus test for success over the decades had been showing one’s mettle across the negotiating table from George “The Boss” Steinbrenner. The notoriously intimidating, bullish late owner of the New York Yankees was known for his no-frills, win-at-all-costs mentality. He’d fire employees, even managers, with a hairpin trigger, had a well-documented temper and expected nothing less than superlative excellence at all times. To negotiate with “The Boss” must have been an exercise in near futility. So when Jean Afterman, a Cal graduate representing Japanese free agents, not only survived contract negotiations, but thrived, Yankees General Manager Brian Cashman took notice. Eventually, he offered Afterman a job: Assistant General Manager of one professional sports’ most historically successful franchises. Today, after handling nearly half a billion dollars in contracts each year and wooing Hideki Matsui to the Bronx, Afterman is the subject of whispers around the league: could she become the first female GM in MLB history? efore the San Francisco native joined the Yankees, she was a precocious young UC Berkeley student and an actress who won the hearts and minds of the city’s eclectic art scene. “It was like being big man on campus only being big woman on campus,” Afterman says, tongue-incheek. “Baby, I was a star!” One can certainly imagine Afterman finding success on the stage. In conversation, she is confident and intelligent. She is at the top of her game, and she knows it. Her light sense of humor and infectious joie de vivre leaves listeners captivated. She epitomizes what the Yankees stand for in American sports: she is a charming, charismatic executive whose panache is only matched by her unmistakable record of excellence. “She was as much as a spit-fire then as she is now,” says Tony Taccone, a friend of Afterman’s at Cal and now the artistic director at the Berkeley Repertory Theater. “She had great timing, great sense of personal bearing. She was funny, smart, witty. She just immediately knew what the game was about.” Staring in countless productions, from “As You Like It” to “The Frog,” Afterman earned numerous accolades — including the two most prominent dramatic art prizes at Berkeley for students. Yet, after graduating from Cal in 1979, Afterman’s journey to the lights of Broadway took a radically different trajectory. After years of bouncing between Europe and the East Coast, Afterman declared to friends over dinner that she was going to be a lawyer. Within months she was enrolled at the University of San Francisco’s law school. Following a brief dalliance with criminal prosecution – a path she admits is odd for a self-described “lefty liberal” – Afterman found her way into the world of civil litigation, seemingly a far cry from the bohemian theater scene of her college years. On a business trip to Japan in 1994, Afterman discovered her future business partner, agent Don Nomura, and her love for Japanese baseball. Before long, Afterman began to specialize in “liberating” Japanese baseball players from feudal domestic contracts. In the 1990s, Nippon Professional Baseball clubs, like pitcher Hideo Nomo’s Kintetsu Buffaloes, were loath to allow talented Japanese players to jump ship for the greener pastures of the MLB. Heated contract disputes followed, leaving players in limbo. In 1995, Afterman and Nomura finally discovered a loophole that would allow the right-hander to leave Japan. Due to an agreement between the two leagues, if a Japanese player declared his retirement he would be relieved of any contractual obligation and could freely sign with an American club. Nomo “retired” and signed with the Los Angeles Dodgers later that year.

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Having established a reputation as a top agent for Japanese talent, Afterman negotiated with Major League clubs all around the country until she received that fateful call from Cashman. After numerous negotiations with her, he had a proposition. Preferring to have Afterman on his side of the table rather than across from him, Cashman offered her a job which completed Afterman’s circuitous path to the Yankees in 2001. n 1950, only 18 million American women worked. Today, Afterman is one of 72 million working women. However, females have not earned full equality in the workplace. Full-time working women, on average, still only earn 80 percent of their male counterparts’ salaries. Positions of prominence are also unequally distributed. In 2010, only 15 Fortune 500 companies had female CEOs. Much remains to be done, many battles remain to be won. And in many ways, these fights fall on the shoulders of worldly and powerful women like Afterman. “I think it’s all about visibility,” says Dr. Martha Ackmann, a noted feminist and baseball scholar at Mount Holyoke University. “It’s all about having the faces of women in positions where they have been denied access. Kids growing up today don’t think it’s unusual for a woman to be a police officer. “So it’s all about getting over that first trailblazer who has the hard job of facing the doubters, facing the cheap shots, and then it becomes something we assume is normal. That is normal.” Afterman, even in her high-pressure job, takes time to reflect on her greater role as one of the trailblazers described by Ackmann. “I am the lone female Assistant GM (left),” Afterman says. “One of the guys in the Commissioner’s Office said I have to stay in there because I’m the one that little girls all over the country can look to. When he said that, it struck me. I do want little girls to know they can grow up and be executives in baseball, it’s not just for boys. I do think about that.” When discussing her gender, one of Afterman’s favorite expressions is “one affects change from within,” an aphorism she credits Cal with teaching her. She believes that by being an Assistant GM par excellence she is winning the battle against the glass ceiling. Simply by being herself, Afterman is affecting change like Berkeley taught her to do. Cal made Afterman aware of her historical obligation, while the Yankees made it come to fruition. “Berkeley has always been a campus that has been involved in the world. It’s not an ivory tower,” Afterman says while waxing poetic over her alma mater, a guilty pleasure she embraces. “It may sound like a tortured analogy, but I do believe that if you go to a school … turned more inward than outward I don’t think that’s a benefit to you. (Cal) recognizes the life of the mind is important, but recognizes that life in general is even more important.” America loves its pioneers. From disgruntled colonists hurling tea into Boston Harbor in 1773, to Lewis and Clark trailblazing across the continent, to Jackie Robinson integrating baseball in 1947, we can’t get enough of our “I did it first” heroes. Today, female pioneers exist across the landscape of American professional sports. Nancy Lieberman is coaching the Texas Legends, the NBA Champion Dallas Mavericks’ D-league affiliate. U.S. District Judge Susan Richard Nelson has held the fate of the $9-billion-dollar NFL industry in her hands during the lockout. And Christine Varney, the antitrust chief at the Department of Justice, is investigating the lack of a playoff system in NCAA Division I FBS football. Just like Afterman, these women represent one more blow to the proverbial glass ceiling – a ceiling older than time now sagging with the pressure of countless female success stories. While equal opportunity remains elusive, Afterman’s day-to-day is a testament to how far women have come. She stands atop a profession which has been heretofore denied women since its inception. And if, just maybe, Afterman is offered the chance to be a GM, women will be one step closer to it. “It certainly is difficult to break the gender barrier in the front office,” Ackmann says. “It’s pretty exciting to think I might live to see a woman in the top job in the front office.” The good old boys club of professional baseball has a wily veteran of a woman in its midst. Trained in charm and versed in law, Afterman possesses all the guile and professional tools necessary to pull her pressurized world’s strings or take control of them by force. And she’s not going anywhere but up.

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