The Miami Hurricane - Oct. 18, 2012 by The Miami Hurricane

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THE MIAMI HURRICANE

PHOTO ILLUSTRATION BY MONICA HERNDON // ASSISTANT PHOTO EDITOR STRENGTH IN NUMBERS: Betty Asbury stands with nearly 30 students who feel her dismissal from Chartwells was unwarranted. “Wow, this is a lot of people,” she said. “I got a big heart.”

Employee’s dismissal leads to petition BY ALLISON GOODMAN EDITOR-IN-CHIEF

Sitting in the library of St. Bede’s Episcopal Chapel on campus on Tuesday evening, Betty Asbury, known on campus as “Miss Betty,” started to cry. “Lord, I done lost my job,” she said. “What am I to do? I done lost everything.” Asbury was dismissed on Oct. 10, the day after a man walked past her cashier post in the Hecht/Stanford Dining Hall without paying. She believes the man, who was not a student, works at the BankUnited Center. Chartwells, the national company in charge of most food service on

UM’s campus, employed Asbury – a single mother with 15 years of cashier experience in Miami – two years ago. Asbury said she didn’t see the man walk past her because she was ringing up the customer who walked in with him. When her manager and supervisor called Asbury into the office the next day, she told them it was a mistake. “I said, ‘You know, I apologize. It was a human mistake and I overlooked someone who went through without paying. I really love my job, and I want to keep my job – write me up and I’ll make sure it won’t happen again,’” she said. Entry for breakfast would have cost the man $6.80. According to Asbury, she was never written up in the past, and she received the highest evaluation in the Hecht/Stanford Dining Hall last

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year. In August, her pay increased to $9.58 to reflect her good performance. However, it still takes two paychecks for Asbury to pay her mortgage, and she lives alone. “Just last week, another worker told me that the University of Miami is a beautiful place and it should be treated as such by all the employers and employees,” senior Dylan Beasley said. “Miss Betty was one of the reasons why this campus was beautiful, and hundreds and hundreds and hundreds of students can attest to that.” For several days, Asbury tried to contact Leland Rapport, the resident district manager of Chartwells, to appeal her dismissal. According to Asbury, Rapport returned her calls on Tuesday and told her he learned that the man who walked past her had gone straight to

the bathroom – but that they couldn’t reverse the decision. “It’s a voice I don’t have,” Asbury said. “None of us Chartwells employees have a voice. If it happened to me, it can happen to somebody else.” At-will employees After declining several opportunities to comment on its decision, Chartwells released a statement. Among the questions asked and left unanswered: Why is this is an offense that warrants dismissal? “Due to privacy concerns and confidentiality laws, we are not at liberty to discuss or comment upon specific associates or issues surrounding their employment,” the statement read. “Employment decisions are based on established policies and procedures, and applicable state and

federal employment laws.” Chartwells employees are atwill employees, which means the company can break the employment contract without liability. Kenneth Casebeer, a professor at the UM School of Law, said Chartwells can legally dismiss employees for “good reason, bad reason or no reason at all.” “It’s a very pro-employer rule that Florida has reiterated again and again, and for the reason that it promotes certainty of business costs,” said Casebeer, who has a background in employment law. “Of course, if an employer can walk away from an employment contract at any time, then they don’t have any costs associated with getting rid of employees or having to plan for any kind of due process.” SEE CHARTWELLS, PAGE 2

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FROST SCHOOL OF MUSIC

Band members record song for film soundtrack Pharrell recruits marching band BY JORDAN COYNE COPY EDITOR

The Frost Band of the Hour transformed from students to stars last Monday, when Universal Pictures came to UM’s campus to record the band members playing the main title for the upcoming movie “Despicable Me 2.” The song will play during the opening title sequence. The feature film is a sequel to the 2010 animated comedy “Despicable Me.” Pharrell Williams, the soundtrack’s producer, was interested in using a marching band for his project. He presented the Band of the Hour with this opportunity by contacting Shelton Berg, dean of the Frost School of Music. Pharrell has worked with the Henry Mancini Institute, a part of the Frost School of Music, in the past. Thomas Keck, the

CHARLOTTE CUSHING // CONTRIBUTING PHOTOGRAPHER NOT SO DESPICABLE: Musicians ranging from doctoral students to freshmen in the Band of the Hour work on recording the main title for “Despicable Me 2” with Universal.

director of the Band of the Hour, suspects this is the reason Pharrell chose the UM band. Junior Gabrielle Thompson, one of the band’s drum majors, said she was grateful for the opportunity. “Obviously we’re not the biggest marching band in the country,” she said. “It shows that our marching band is someone. We’re

not completely off the radar.” The hour-and-a-half recording session took place in Gusman Hall, featuring the Band of the Hour along with additional students from the Frost School. The 150 musicians on the recording stage ranged from pre-med students seeking a music performance degree to freshmen who joined the band just

for fun. The recording session not only involved student performers but Frost faculty. While Pharrell produced the music, Stephen Guerra, a jazz lecturer at UM, arranged it for the marching band. Paul Griffith, UM’s director of recording services, was the recording engineer at the session. And Sam Pilafian, one of UM’s newest professors,

produced the session. “The overall professionalism of the group was key in creating a big, powerful sound,” Keck said. “The mentality of just going through a recording session, whether you’re a rock band or a marching band, forces you to focus on details,” Keck said. “It was interesting to watch and hear the band be that much more concentrated on what they were doing.” For many of the students, the recording experience reaffirmed their belief that a future in the music industry is possible. Drum major Wyatt Jenkins, a sophomore majoring in music performance, said that the opportunity to work with Hollywood professionals proved that success is just a step away. “We have so many good music programs in the United States and to pick the University of Miami is huge,” Jenkins said. “To gain this exposure into Hollywood makes us a part of the bigger picture now.”

Chartwells’ unpopular decision protected by law CHARTWELLS FROM PAGE 1

Giving employees a voice Some believe that the decision was unjust, regardless of its legality. “It’s legal, but it’s not moral,” said Philipp Schwind, a fifth-year graduate student of philosophy. “It’s not what we stand up for.” Schwind started a petition on change.org at 1 a.m. after he learned of Asbury’s dismissal. By 2 p.m. the next day, it had nearly 500 signatures. “The message goes to Chartwells, and the message is clear: We don’t accept that members of our community are treated this way,” Schwind said. As of 10:30 p.m. Wednesday, there were 1,438 signatures and 55 personal statements. Schwind believes the petition will make a difference. “This is not just about Betty,” he said. “It’s about us – who we are and 2

NEWS

what kind of community we want to live in.” Students for a New Democracy (STAND) members and other students are planning events during the next three weeks to push for Asbury’s reinstatement. Up-to-date information can be found on the Facebook group “Bring Betty Back.” “We hope to make an example out of Miss Betty’s situation and what can be done – the power that students do have in their university, the power that workers can have, and that they should have,” said senior Carmen Rodriguez, a STAND member. Precedent has been set Students have gone up in arms about the firing of a Chartwells employee in the past. In 2007, for instance, two workers were dismissed for missing work without calling the Chartwells hotline. Alan Fish, UM’s vice president

THE MIAMI HURRICANE

for business services at the time, said the university should not have a zerotolerance policy. The two workers were allowed to return to work in accordance with the three-warning plan that was established. Later, in 2011, Chartwells dismissed Sbarros workers when the campus location closed, but gave no guarantee that positions would be available the next fall. After STAND collected 135 petitions, the employees were reinstated for the semester. “There’s no reason why it shouldn’t be possible for Chartwells to bring Betty back,” Schwind said. “It has been done various times in the past. And why should she be treated differently?” Rapport declined to comment after six emails and phone calls. Senior Javier Figueroa, a STAND member, believes this incident represents a larger problem. “This is symptomatic of a great-

Oct. 18 - Oct. 21, 2012

er issue the workers face here, which is that management doesn’t pay attention to their voice,” he said. “It goes beyond Miss Betty losing her job; it goes beyond every single Chartwells worker having no job security and having to face that every single day.” The Chartwells statement also addressed its policy about how the company treats its employees. “While Chartwells is not at liberty to discuss the subject situation, Chartwells remains steadfast that it has and will continue to treat all associates fairly,” the statement read. Chartwells workers have tried to form a union in the past, though one does not currently exist. “I really appreciate y’all standing behind me and helping me – going out the way – and I know it’s love in here, and all about ‘round here,” Asbury said, a hand on her chest. “I lost my job – I lost love and family here on campus. I lost a family.”

Check out what’s exclusively available at TheMiamiHurricane. com.

Excited for baseball season? Check out Zach Beeker’s photo slideshow from Tuesday’s practice. Missed the cut? See Monica Herndon’s photo brief from the Locks of Love fundraiser earlier this week. In the mood to drop some beats? Read Sarah Abdulla’s Q&A with rapper Talib Kweli. UM’s Alumni Ambassadors assembled a flash mob Wednesday on the Rock. See our photo coverage. Get to know Congorock in Ashley Zimmerman’s Q&A. They nailed it! See Karli Evans’ photo brief from Sigma Pi’s fundraiser.

TWITTER ACCOUNTS @MiamiHurricane @Dear_V @TMH_Photo @TMH_Sports FACEBOOK PAGE facebook.com/ themiamihurricane

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PHOTO BRIEF

Crowning glory, smashing spirit build Homecoming buzz

NICK GANGEMI // CONTRIBUTING PHOTOGRAPHER SMASHING, BABY: Senior Juan Lopez takes a swing at the FSU-themed car Tuesday afternoon by the Rock. After signing waivers and gearing up with hardhats and safety glasses, UM students took turns smashing the garnet and gold junker with sledgehammers and baseball bats. For more Homecoming coverage, see the photo staff’s slideshow online at themiamihurricane.com.

MONICA HERNDON // ASSISTANT PHOTO EDITOR

STUDENT PROFILE

Canes for Obama leader rallies students, dines with president Political activist fills many roles BY CAMILLE BROWN CONTRIBUTING NEWS WRITER

Emily Young will always remember where she ate lunch on Sept. 20. But it’s not the meal that stands out, it’s the company. Young sat down at OMG! Burgers with President Barack Obama. She is a campus team leader for Canes for Obama and Organizing for America, which supports his legislative agenda. Young built a core team of volunteers with different jobs, oversees how it runs and fixes any problems that arise. Through her affiliation with those organizations, she was one of two UM students who were invited to eat with Obama after he appeared on a Univision-sponsored show in the Fieldhouse. She recalled being screened twice by

the Obama campaign for reasons she did not understand at the time. Originally from Jacksonville, Young decided to attend UM because she sought an internationally-recognized university with a competitive sports program, small class sizes and a top academic curriculum. The 20 year-old is a junior studying public relations and political science with aspirations to become a campaign manager someday. “Public relations and political science are going to work together and will hopefully help me achieve my goals,” Young said. Young has been interested in politics from an early age. The earliest presidential contest she can remember was the 2000 election, in which Florida played a decisive role in helping Republican George W. Bush defeat Democrat Al Gore. Although she was only 8 at the time, Young wanted to

know why her friends and family liked one candidate more than the other, which sparked her interest in politics. In addition to the Democratic organizations, Young is active in several campus groups, including the Zeta Tau Alpha sorority. “I wanted to be a part of something bigger than myself,” Young said. Sophomore Peri Diamond is Young’s “little sister” in ZTA and looks up to her as a role model. “She takes on so much responsibility and handles everything with poise,” Diamond said. “She always keeps her cool.” Young is also a member of the President’s 100 and is a fitness supervisor at the Wellness Center. “She is constantly taking on new responsibilities and earning the respect of her peers and superiors, which are some of the reasons why I admire her,” said UM graduate Andrew Blumenthal, a

MONICA HERNDON // ASSISTANT PHOTO EDITOR MODEL STUDENT: Junior Emily Young assists with ticketing as thousands line the streets before President Barack Obama’s rally last Thursday.

close friend of Young’s. Young said her hectic schedule gets to her sometimes. But after talking to Obama, she said she doesn’t have it so bad. Oct. 18 - Oct. 21, 2012

“Seeing how hard he works for an entire country made me realize that some things that I stress about are nothing in comparison,” Young said.

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NEWS

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NEWS BRIEFS SPANISH HOUR A Spanish conversation hour will take place at noon Friday outside of Starbucks. All students who have taken Spanish classes above the 300-level are welcome to participate. The discussion will be facilitated by Marelys Valencia, a graduate teaching assistant. To attend, RSVP at m.valencia5@ umiami.edu.

CALENDAR Monday: Registration appointments available on myUM Oct. 25 - Last day to drop a course Oct. 26 - Fall recess

SENIOR PORTRAITS

Nov. 5 - Online registration for spring 2013 begins

The last day for seniors graduating in December 2012 or May 2013 to take pictures is Oct. 26.

Nov. 6 - Magna/summa theses due in Honors Program Office

To make an appointment, visit ibisyearbook.com. Underclassmen who wish to have their picture taken should visit the portrait site in the UC Lower Lounge.

MULTICULTURAL The first international multicultural night will be held from 6 to 8 p.m. on Friday in the Flamingo Ballrooms.

The event is being hosted by the Directed Independent Language Studies (DILS) program. For more information, email dils@miami.edu.

NEWS

Nov. 16 - Last day for graduate students to defend dissertation/thesis for fall 2012 graduation Nov. 22-25 - Thanksgiving recess Nov. 30 - Classes end Alysha Khan may be contacted at akhan@themiamihurricane.com.

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Oct. 18 - Oct. 21, 2012

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Oct. 18 - Oct. 21, 2012

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OPINION

“

Don’t let anything stop you, make no excuses and keep working until you reach your goal.

UP!

What do you think about Miss Betty’s dismissal?

ANDREA FARIA FRESHMAN “I think it’s ridiculous and absurd because people nowadays need the work, and she didn’t let him in to eat, just to use the bathroom. It’s a waste to fire someone just because of that.”

TE’QUAN TAYLOR FRESHMAN “I believe it’s bad that they wrongly accused her of letting someone in when they were just going to the restroom. I think that’s morally wrong and something should be done about it.”

To Chartwells, Betty Asbury was just a worker. But to University of Miami students, she is more than that. Known to most as “Miss Betty,” Asbury spent two years swiping Cane Cards at the Hecht/Stanford Dining Hall. Students respected her. Students cared for her. Chartwells fired her. On Oct. 9, Miss Betty was working as usual when a man walked into the dining hall without paying. He didn’t eat. He just needed to use the restroom. On a normal day, this wouldn’t have been such an issue. But this time, a manager witnessed the incident, and Miss Betty didn’t stop the man from walking through. Because of this slip up, she was terminated the next day. Although letting any individual into the dining hall without paying is not allowed, it was an honest mistake – and Miss

Betty’s first misstep on the job. In August, Chartwells gave Miss Betty a raise for her superior evaluation results and work ethic, but that wasn’t on Chartwells’ mind when the company fired her. It wasn’t even considered when Miss Betty tried to appeal the decision. The Chartwells resident district manager gave her a definitive “no.” When students heard Miss Betty would no longer be greeting them before each meal, many were enraged. One student started a petition and, as of now, it has more than 1,000 signatures. Chartwells was technically allowed to fire Miss Betty because their workers are “at-will employees.” This means they can be fired at any time, without any notice. However, in 2007, former Vice President for Business Services Alan Fish set a precedent: Chartwells employees must be given three warnings before be-

ALE FONTE FRESHMAN “[Chartwells] said it was a matter of principal. You’re going against your own word by not hiring her back. That’s the whole point. I think she was a great worker, I am very upset, and they should rethink their decision.” Speak Up answers are edited for clarity, brevity and accuracy. Check out video Speak Ups at themiamihurricane.com.

OPINION

ing terminated. In Miss Betty’s case, she didn’t even receive one. Though this precedent wasn’t set in stone, UM’s core values should reflect it. The university prides itself on treating everyone justly, but Miss Betty was an exception to this moral standard. Being fired for such a dismal reason may be justified to Chartwells, but that doesn’t make it fair. Miss Betty needs our support and we’re here to give it to her. Students, you can too. Even if Chartwells doesn’t reinstate her, although they have done so for other employees in the past, organizing for Miss Betty is an action that is worth more than words. Chartwells can fire her, but students will continue to stand behind her.

STEPHANIE PARRA NEWS EDITOR

by fear. Felix Baumgartner, the Austrian who took the jump, can take the leap from the stratosphere and break the sound barrier without knowing what health risks he’d face, or if he’d even land on the planet with his brain intact. If he can do that, then you can get up and face the future, fully equipped with your dreams and a plan to reach them.

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Oct. 18 - Oct. 21, 2012

Founded 1929 An Associated Collegiate Press Hall of Fame Newspaper NEWSROOM: 305-284-2016 BUSINESS OFFICE: 305-284-4401 FAX: 305-284-4404

EDITOR-IN-CHIEF Allison Goodman MANAGING EDITOR Demi Rafuls ART DIRECTOR Mariah Price PHOTO EDITOR Cayla Nimmo ASSISTANT PHOTO EDITOR Monica Herndon NEWS EDITOR Stephanie Parra

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Editorials represent the majority view of The Miami Hurricane editorial board.

Don’t make excuses, reach for the stars ast week, a man jumped from a capsule in the stratosphere, landed on his feet and then knelt on the ground after taking the risk of a lifetime. Even though the sky hasn’t been the limit since Yuri Gagarin was the first man to enter space in 1961, the vast amount of opportunities available for everyone seem to be shrouded

HURRICANE

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Students must help eradicate unjust policies

Daniel Cepero

Stephanie Parra, News editor

STAFF EDITORIAL

speak

compiled by

”

The Miami

And, if a man jumping from the stratosphere doesn’t motivate you, then pinch yourself because you’re probably dead. Baumgartner’s jump from space demonstrates the numerous abilities and opportunities humans have at their disposal, some of which they have yet to discover. Today, companies are sponsoring people to reach their dreams and unearth unknowns, in the same fashion countries sponsored explorers in the 15th century. So, if you’re lacking financial support for your dreams, make like Christopher Columbus and find yourself a king and queen of Spain – or, walk to Toppel Career Center. Apply for a prestigious scholarship. Don’t let anything stop you, make no excuses and keep working until you reach your goal. Baumgartner reached for the stars. You should, too. Stephanie Parra is a junior majoring in journalism and political science.

The Miami Hurricane is published semi-weekly during the regular academic year and is edited and produced by undergraduate students at the University of Miami. The publication does not necessarily represent the views and opinions of advertisers or the university’s trustees, faculty or administration. Unsigned editorials represent the opinion of The Hurricane’s Editorial Board. Commentaries, letters and cartoons represent only the views of their respective authors. The newsroom and business office of The Hurricane are located in the Norman A. Whitten University Center, Room 221. LETTER POLICY The Miami Hurricane encourages all readers to voice their opinions on issues related to the university or in response to any report published in The Hurricane. Letters to the editor may be submitted typed or handwritten (please make your handwriting legible) to the Whitten University Center, Room 221, or mailed to P.O. Box 248132, Coral Gables, FL, 33124-6922. Letters, with a suggested length of 300 words, must be signed and include a copy of your student ID card, phone number and year in school. ADVERTISING POLICY The Miami Hurricane’s business office is located at 1306 Stanford Drive, Norman A. Whitten University Center, Room 221B, Coral Gables, FL 33124-6922. The Miami Hurricane is published on Mondays and Thursdays during the university’s fall and spring academic terms. Newspapers are distributed free of charge on the Coral Gables campus, the School of Medicine and at several off-campus locations. DEADLINES All ads must be received, cash with copy, in The Miami Hurricane business office, Whitten University Center, Room 221B, by noon Tuesday for Thursday’s issue and by noon Friday for the Monday issue. SUBSCRIPTIONS The Miami Hurricane is available for subscription at the rate of $50 per year. AFFILIATIONS The Miami Hurricane is a member of the Associated Collegiate Press, Columbia Scholastic Press Assoc. and Florida College Press Assoc.

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BY NICKY DIAZ EDGE EDITOR

Nickelodeon star Victoria Justice will celebrate Halloween early this year with the release of her new movie, “Fun Size,” on Oct. 26. Justice, who is well-known for her role in the kid’s TV show “Victorious,” stepped away from the innocent Nickelodeon stereotype for this role. Although “Fun Size” isn’t rated R, Chelsea Handler and Johnny Knoxville’s appearances in the movie speak for themselves.

“Even though I started off on Nickelodeon, I think this movie is a perfect transition for me because it is slightly edgier and more mature,” she said during a college conference call promoting the movie. In the comedy, Justice plays Wren, a high school teenager who is invited to a Halloween party by heartthrob Aaron Riley, played by Thomas McDonell. The only problem is that her mom, played by Chelsea Handler, expects her to take her little brother trick-or-treating. Wren has other plans, which of course go completely wrong.

Justice enjoyed having Handler play her mother in the film. “I think people were expecting me to say like, ‘Oh, yeah, Chelsea’s crazy and it was like a party and there was lots of blah,’” she said. “But when we were working together, we were both like very focused and very professional … she’s definitely funny and cool and she would improv a few lines here and there that were totally just hilarious and out there.” With “Victorious” coming to an end after four seasons, Justice will now have to find another project to consume her time.

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“When you’re on a TV show, you’re definitely like locked into a schedule,” she said. “And it’s hard to really … have a lot of time to do other things because so much of my time was filming the show and there was also music on the show [that I was responsible for].” But it seems the teen star might be taking a break from the small screen. “I see myself doing both [movies and TV shows],” she said. “I don’t think I could choose one, but I mean, I think I want to take a little break from TV and pursue my film career more.”

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EDGE

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