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Show DAILY UTAH CHRONICLE Monday, July 16,2007 Smoothing things out Discrimination suit shot down Former U Research Assistant Diane Xie cannot sue the U on claims that she was discriminated against for being a Chinese woman because she was' never an actual employee of the U, the Tenth Circuit Court ruled July 5. Xie worked as a research associate professor for the department of civil and environmental engineering from the fall of 2000 to 2002. In 2003 her position was not renewed. After her dismissal, Xie filled suit against the U stating her boss, Department Chairman Lawrence Reaveley, had discriminated against Xie and other minorities within the department, according to a complaint filed in District Court in January 2005. The document also says Xie was locked out of her office without notice in July of 2003, and later, when she was let into the office found many of her personal items missing. Xie stated that "other white male research professors had not been treated in this like manner when they left the department," and that they were given other privileges she wasn't. The U repudiated Xie's claims of discrimination, stating that her position wasn't renewed only because Xie was unable to obtain any research grants, U representative and Assistant Attorney General Geoffrey Landward stated in court documents. Landward admitted that U employees relocated Xie's belongings, but only after she was given several months to remove them. Xie's claims of Title VII discrimination were not considered in a 2006 District Court case against the U, which Xie lost, or her subsequent appeal in the Tenth Circuit because both courts found Xie was not an official employee of the U. In February 2006, the District Court granted the U's motion to dismiss after applying a multi-factor test to see if Xie was a U employee. One of the factors was payment. While she did not receive salary, nor were social security or taxes paid on her behalf, the U did agree to give Xie a portion of grant money she received. However, she didn't receive any grants. According to a court document, Xie's representative said, "The University attempts to convince this court that the plaintiff was not an employee simply because she was not paid. The University lists as employees even unpaid faculty." Xie showed that unpaid employees are listed on the employee directory. However, the main focus of the test was to see if the U controlled Xie's work. The court concluded, "The University had minimal ability... to control the means and manner of Dr. Xie's work." Xie argued that all professors work independently. "It is true that the U affords its faculty substantial independence. However, the record establishes that the relationship between the University and Dr. Xie was far more attenuated than that of an educational institution and its faculty," said U attorney Clifford Petersen. The Tenth Circuit Court issued a similar ruling earlier this month siding with the U's position that Xie was not an employee. Xie had sought a statement from Reaveley about her employee status, according to court documents, but the request was never fulfilled. Petersen argued that Xie never indicated in court papers that she needed information from Reaveley to prove her employment status, and said that Xie would have been in as good a position to depose as Reaveley was. Both Xie and Reaveley declined to comment for this article. j.winston@ chronicle.utah.edu say Clark, co-founder of the • student group Sustainable Environments and Ecological Design. "The biggest problem , with bio-diesel, however, is how it's manufactured." Critics of bio-diesel say that it takes more oil to produce a crop into fuel than it will actually save. Clark, though she acknowledges bio-diesel's shortcomings, believes that it is a step in the right direction because it's a partially renewable energy source. "As far as sustainable fuel for the future, we have to embrace the idea that there won't be just one fuel source any more," Clark said. j.long@ chronicle.utah.edu Jaime Winston STAFF WRITER Construction crews level dirt for repaving in the Union parking lot Tuesday after excavation of the southern half of the lot. The work was being done to the parking lot because of a drainage problem, Commuter Services staff said. Tree' credit reports aren't always free Study says sites often have strings attatched lane Strino-ham Jane Stringham STAFF WRITER Students at the U making their first foray into the world of credit—whether it be applying for student loans or buying a car—need access to credit reports at some point in their financial lives. These • young consumers have at their disposal a multitude of online sources, which offer reports with the appealing prefix "free." This is in keeping with the 2003 Fair and Accurate Credit Transactions Act, which states that all consumers are entitled to three free credit reports every year. The websites seem to simply provide an avenue SHUTTLES RUNNING ON BIO-DIESEL continued from Page 1 will supply the fuel, the U will now fuel all dies el-powered shuttles and service vehicles on campus with bio-diesel. The decision to replace the shuttles running on natural gas was a question of cost and efficiency, not an environmental one. "Cost effective wisc.biodiesel is cheaper to run com- throueh through which to obtain the free reports, but recently published research conducted by U professor Robert Mayer says otherwise. Mayer, a family and consumer studies professor, began research last December investigating the credibility of 24 different websites' free credit report services. A seven-page questionnaire developed by Mayer and Tyler Barrick, a graduate student in the department, evaluated each site. In the analysis, the two paid particular attention to the websites' use of the word "free." The sites used the word an average of 13 times each, which Mayer deems "incredible." Why Whv so incredible? Many of ( them aren't really free. "One main point of the report is websites other than annualcreditreport.com are not truly free," Barrick said, "Many of the sites cause confusion by being very similar to annualcreditreport.com." Similar site names and vague descriptions of services and pricing are ways in which the sites confuse customers. Mayer explains that sites try to "needlessly" sell you credit reports by packaging them differently. Packages including credit monitoring, credit scores and credit reports are common. While the report addresses 24 sites, most are owned by or have close connections to two major Credit Report Bureaus: Experian and Transunion. "In any marketplace, the existence of only two companies is never good," Mayer said. He also points out that these are the same companies ordered by law to provide all consumers with free access to their credit reports, and said "they are undermining this government-given right." The Consumer's Union published Mayer's report online on July 5. The Union also publishes Consumer Reports magazine and sponsors Consumer Reports Webwatch. Mayer currently serves on the board of the latter, and his report can be found at consumenvebwatch.org. j.str'mgham@ chronicle.utah.edu pared to natural gas," Green said. "We have no goal (to reduce emissions) as of yet, but are continually striving to do better." Another problem with using the more environmentally friendly natural gas is that natural gas engines can onjy run seven to eight hours before refueling is necessary. The diesel engines can run on a tank of gas for up to 16 hours. Bio-diesel fuel does have drawbacks, though. According to the Energy Information Administration, bio-diesel has a hard time performing in cold temperatures and currently delivers 2.2 percent less fuel efficiency than petroleum diesel. Also, according to Dave Rees, who manages the U's motor fleet, bio-diesel costs the same per gallon as diesel does. The change, however, will not make bio-diesel the only alternative fuel used on campus. Rees said the school will not completely move away from natural gas as a fuel source. Currently, the motor pool employs two hybrid Honda Civics in addition to four Civics and several vans that run ex- clusively on the gas. Rees has also bought several vehicles that run on ethanol corn oil and are being stored for future use when ethanol fuel is more readily accessible. Commuter Services is experimenting with at least two vehicles that are fueled purely on used cooking oil collected from cafeterias on campus. As a fuel, bio-diesel has drawbacks and advantages that have encountered both support and criticism about its potential as a sustainable fuel alternative. "It's a positive step in the right direction," said Lind- U RECEIVES AMERICAN INDIAN EDUCATION GRANTS continued from Page 1 teacher training opportunities to students in the program, said Shaughnessy. RECYCLING PROGRAM FACES CHALLENGES continued from Page 1 This may hinder the program's ability to succeed in the future. Next spring, the U will participate in "Recycle Mania," a recycling competition with universities from around the country. The U's fledgling recycling program may prove to be a lightweight in the competition. Lack of awareness has also become a challenge for the new program. Nicholas Holland, junior in political science and philosophy, said he has seen the new recycling bins on campus, but wasn't aware of a new recycling program. "If we could increase awareness or desire to recycle, maybe we'd see an impact," Holland said. In addition, students who graduate with help from this grant will receive introduction services, mentoring and seminars from the U during their first year as either teachers or administrators. The American Indian Teacher Training Program grant, totaling $296,856, will help teachers' aids return to college to complete their bachelor's degrees and become certified as teachers. Holland, who recently completed an internship with the U.S. House of Representatives, said he believes it will take 10 years for the U to reach the same success level as programs in other states. Chatwin, too, hopes the program will improve in the future. "There is a basic system in place now," Chatwin said. "The system and the users will evolve together." Communication professor Glen Feighery formerly taught at the University of North Carolina at Chapel Hill, which Feighery said, is comparable to the U in physical size and student body. "At UNC, you literally could not walk 100 yards without encountering a set of three bins—mixed paper, bottles and trash," Feighery said. "That made recycling convenient, which it has to be or people won't do it." p.williams@ chronicle.utah.edu Both grants will provide all participating students with full tuition, book payments and room and board for four years, said Shaughnessy. Ninteen million dollars will be available over the next four years to six universities and institutions, including the U, that qualify under Title VII of the No Child Left Behind Act. c.norlen@chronicle.utah.edu Officers provide security and protection for air travelers, airports and aircraft. Utah Chronicle invite you and a guest to a special advance screening Muriel's WWMbg" can take a vrcfl-eamed rest because titroduc^g me Dwngftts is art to take fte mimfe. It's rot often thai you leave a cinema with a tump in your ftroat but feel so uptfted.* "it's a (Mghtful comedy sparMing with compassion and tort.' 'Brenda BWftyn gives her greatest performance since "Secrets & Lie;.' 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