BOLI: can you tell me about Val Hoyle's financial dealings with scott ballo of morel ink. scott ballo was convicted as a sex offender due to his use of child pornography on his work computer.
From: mary rose lenore eng <maryeng1@gmail.com>
Date: Thu, Aug 12, 2021 at 6:27 PM
Subject: Re: 21-06045 - RE: re; sexual assault from seaside Oregon parks employee chris duffy
To: BOLI - CRD EMAIL <crdemail@boli.state.or.us>
3721862  | 01/10/2021 | Original | Friends of Val Hoyle | Scott Ballo | Cash Contribution | $250.00 |
Hello:
We located your files 19-00357 & 19-00120 - MARY ENG VS SUNSET PARK AND RECREATION FOUNDATION. Unfortunately, these cases cannot be reopened.
This agency has no jurisdiction over your views during a board district elections.
Regarding: “they have gone from offering me jobs, to sexually attacking me, to denying me the jobs, trying to restrict my access to the public park district, to personally circling and following me if i enter the park property.” And “SEPRD park district has BLACKLISTED me from any and all activities going so far as to threaten me.”
If, in the last year, SEPRD refused to hire you based on a protected class and/or discriminate against you in a place of public accommodation based on a protected class, you can submit an Employment Discrimination Questionnaire and/or a Public Accommodation Discrimination Questionnaire. This agency can only investigate if Complainants presents the information within the year from the harm.
If you decide to file a discrimination questionnaires, this agency is taking electronic filing. All aggrieved individuals must file a complaint through our website if the person feels discriminated against based on a protected class this agency enforces. Without receiving a completed discrimination questionnaire, we cannot initiate the process and investigate your allegations. The questionnaire is not a complaint; it is the first step in the process to file a complaint. You must be able to show a clear connection between the harm you experienced and at least one protected class. In addition, you need to provide substantial evidence to prove your case. After submitting a complaint, it will take 4 to 8 weeks for an Intake Officer to contact the aggrieve individual, by email or phone, to discuss the issues and to explain the next step in the process.
To learn more about CRD jurisdiction, the protected classes we cover, and our complaint process, please visit our website, http://www.oregon.gov/boli/CRD
or call our CRD main line at (971) 673-0764.
"Nothing in this communication is intended as legal advice. Any responses to specific questions are based on the facts, as we understand them and are not intended to apply to any other situation. This communication is not an agency order. If you need legal advice, please consult an attorney."
Thanks,
Civil Rights Division
Bureau of Labor and Industries
From: mary rose lenore eng [mailto:maryeng1@gmail.com]
Sent: Tuesday, August 10, 2021 1:49 PM
To: BOLI - CRD EMAIL <crdemail@boli.state.or.us>
Subject: Re: 21-06045 - RE: re; sexual assault from seaside Oregon parks employee chris duffy
So sorry it is unclear what i want.
What i want is: a world without sexual harassment and assault. So long as the man who sexually assaulted me, is allowed to keep his position at Seaside Oregon parks district, enabled by the park district management, and bullying lawyers who send regular threats to me, there is no justice or equity.
Why is Oregon DHS funding a program run by a sexual assailant?
Do the recent threatening letters to me constitute new harassment?
A 2019 investigation of this incident occurred under BOLI for which i am grateful. the people i spoke to at BOLI were kind, compassionate, and seemed saddened to hear that i was violently sexually assaulted and discriminated against for whistleblowing.
the most recent harassment incident involved a lawyer for the park district sending me a threatening letter for writing an email to a candidate for a board district election, in which i inform her about the sexual abuse, the coverup, the discrimination, the retaliation, and ask if she will be a part of the wrongdoing, or if she will make things right.
clearly, the retraction of job offers to me -----to make the sexual attacker feel more comfortable---- is wrong.
continued harassment of me is the ongoing problem.
they have gone from offering me jobs, to sexuallly attacking me, to denying me the jobs, trying to restrict my access to the public park district, to personally circling and following me if i enter the park property, to now the escalated threat of legal action, for me writing an email from a safe distance to a park candidate for a.park district board posision.
normally, citizens and journalists are expected to ask candidates questions to help inform the voting process. because i am the sexual assault victim, they have decided i must be permanently blacklisted from all employment, or even citizen participation in recreation or political organizing, or debate questions.
due to the employment discrimination history, it is as if the SEPRD park district has BLACKLISTED me from any and all activities going so far as to threaten me, for an email to a candidate.
i know they will physically bully me and physically intimidate me if i attend meetings or events. i know it is physically unsafe for me to attend, due to the assaialnt and bullies who work as his proxies previous physically threatening and discriminatory behavior.
does the BOLI case need to be re-opened in light of the recent threat? they have threatened that i cannot speak about the harassment and discrimination online, which is clearly absurd.
i am willing to help BOLI if they find these practices repugnant, as do i.
The softball Title IX discrimination is just another example of the lax enforcement of basic civil rights norms.
my understanding is that rural communities like Seaside, Oregon need more education around job discrimination, sexual harassment, gender equity, etc.
thank you for everything you have already done to document this case!
If you need any additional info, i am willing to help.
in the meantime, please accept my observation that there is no Civil Rights Law adherence or Fair Labor standard for female victims fo sexual assault in Oregon DHS funded Meals On Wheels program at SEPRD in Seaside.
A lifetime of harassment and retaliation, is what you get for coming forward.
I know reporting to BOLI made skyler archibald very angry, as he has demonstrated to me numerous times.
His tone as "Excecutive director" changed to me once he realized, i am serious about this assault being documented, and serious about his coverup being documented with the state of Oregon.
Ideally, he needs his funding revoked until fair and equal programs free of sexual harassment and retaliation are instituted, ideally under new management that has not so egregiously betrayed the public.
On Tue, Aug 10, 2021 at 1:01 PM BOLI - CRD EMAIL <crdemail@boli.state.or.us> wrote:
Hello:
It is unclear what do you want by sending the below article. The Bureau of Labor and Industries (BOLI) - Civil Rights Division (CRD) investigates violations of civil rights laws in employment, housing, career/vocational school, place of public accommodations when discrimination occurs based on the protected classes we enforce. As a neutral agency, we cannot give you legal advice and we do not represent either party. We do not keep a log of individuals that violated discrimination laws. We have jurisdiction to investigate and can intervene “only” if a complaint was filed with this agency.
To learn more about CRD jurisdiction, the protected classes we cover, and our complaint process, please visit our website, http://www.oregon.gov/boli/CRD
or call our CRD main line at (971) 673-0764.
If you need immediate legal advice, you will need to consult with an attorney regarding your concern. The Oregon State Bar Referral Program can help you locate an attorney specializing in the area of law you need. You can have a legal consultation for a small fee. They can be contacted at 503-620-0222 or 1-800-452-8260 or http://www.osbar.org/public/
ris/ris.html#referral
"Nothing in this communication is intended as legal advice. Any responses to specific questions are based on the facts, as we understand them and are not intended to apply to any other situation. This communication is not an agency order. If you need legal advice, please consult an attorney."
Thanks,
Civil Rights Division
Bureau of Labor and Industries
From: mary rose lenore eng [mailto:maryeng1@gmail.com]
Sent: Sunday, August 8, 2021 4:44 PM
To: BOLI - WHD Screener EMAIL <whdscreener@boli.state.or.us>
Subject: re; sexual assault from seaside oregon parks employee chris duffy
so sorry for not sending the text body of the article---good point about link security i didnt think of that
here is a text copy of the Title IX violation article.
my point was, isnt it interesting that the people protecting the man who sexually attacked me, are also protecting discrimination against female athletes?
In an agreement a decade in the making, the Seaside School District will improve practice and playing fields for softball to remedy disparities with baseball that deny equal opportunity to female athletes.
The noticeable differences between the baseball and softball diamonds at Broadway Field create potential violations of Title IX, the federal law meant to protect against discrimination in education.
Under a resolution between the school district and the U.S. Department of Education’s Office for Civil Rights, the school district must develop a plan to ensure equity between the baseball and softball programs by next June and complete the plan by June 2023.
“The girls softball team has been discriminated against forever,” said Randy Anderson, whose daughter, Whitney, was a junior varsity softball player for the Gulls. “From the beginning. They’re not an equal part of the school system, the sport system.”
Superintendent Susan Penrod said the school district worked collaboratively with the Office for Civil Rights. “We are dedicated to meeting all of these timelines and are working with SEPRD (Sunset Empire Park and Recreation District) and the city of Seaside to determine the best location for the softball facility,” she said. “We have already set aside funds to complete this work.”
Federal issues
In 2012, Anderson and John Nicolazzi, another parent, filed a lawsuit in federal court alleging the school district failed to permit girls from participating equally with boys.
The lawsuit claimed that female students didn’t have comparable athletic facilities as the boys, that they were unable to participate in team sports and that they had been excluded from the high school’s athletic program.
The school district assigned baseball teams to practice and play games on “excellent artificial turf fields while requiring that female softball teams to practice and play on soggy, poorly maintained fields that force female teams to practice in a gym and to forfeit postpone games and/or travel to other districts to play because the district’s fields are unplayable.”
That case was dismissed after a settlement in 2014. Terms of the settlement were never publicly released, but the school district responded by adding lights and building a softball diamond at Broadway Field.
Those steps did not change the inequities, Anderson said, and even with lights, conditions for girls hardly improved.
“If I didn’t sue them in federal court, that field would not be here right now,” Anderson said. “They spent over $28,000 to build that, and built a Title IX noncompliant field. The girls are plopped on the football field as an afterthought. It’s legal size, but they have to set up their own fencing. If you look, the boys have fencing set up, permanent fencing set up all the way around.
“See the foul pole? Boys have foul poles, permanent foul poles. Girls don’t. They have to wheel in portable foul poles. The wheels don’t work. They have to set up their own fencing.”
Dissatisfied with conditions at the softball field, Anderson filed a civil rights complaint in March 2019. The Office for Civil Rights followed up.
“They spent two days up here, went through all the facilities, all the playing fields,” Anderson said. “They did interviews with coaches, players and staff. They came to their determination about the softball field because they found discrepancies, disparity between the girls softball and the boys baseball, and now the district has to do something.”
According to findings accompanying the agreement, the Office for Civil Rights said “softball athletes indicated that pitchers would get their foot caught in a hole in the pitching circle and that athletes had to avoid a hole, used for the football goal post, located on the third base line to avoid injury.”
The infield did not have a softball pitching circle permanently marked, and according to the softball athletes and the softball coach, they were responsible for spray-painting the pitching circle.
As Anderson described, softball athletes and the softball coach set up and broke down temporary outfield fences for practice and competition — fences which often fell during games. The softball coach and softball athletes reported having to roll temporary, heavy foul poles out, and described the wheels “not working well.”
While the baseball teams practiced during softball games, softball teams were prohibited from practicing during baseball games.
In addition to Broadway Field, the junior varsity softball team used Wahanna Field, but only sparingly because of its poor condition.
“The infield dirt was hard and uneven, with no markings for a pitching mound, foul lines, batter’s box, or other markings of any kind, and the grass outfield was muddy and uneven,” according to a letter from the Office for Civil Rights.
The Office for Civil Rights concluded that the softball field, as compared to the baseball field, “may result in the denial of equal opportunity to female athletes.”
During the investigation, the school district expressed interest in resolving the complaint. “OCR agreed that the complaint is appropriate to resolve prior to the conclusion of the investigation,” the letter said.
Several options
The school district has several options, Anderson said, from tearing down the boys’ field, modifying it with a portable mound or building another softball field. His preference, he said, is “right here, right here on the boys’ baseball field.”
If the school district moves the girls’ field off Broadway Field, then they increase the distance for girls to the new batting practice facility. “And now the boys would have the advantage, short access, to where the girls would have to travel,” Anderson said.
The park district, which maintains Broadway Field, is aware of the agreement, executive director Skyler Archibald said.
“We have had ongoing and productive conversations with the city and school district regarding this,” he said. “We will continue to work with them to determine the best way to move forward and I am optimistic for a great outcome for our community and athletes that use the Broadway Field.”
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