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SAN DIEGO (CNS) - Restaurant chain Tapioca Express has agreed to pay more than 0,000 to settle a federal sexual harassment lawsuit involving two franchises in Chula Vista and National City, where the owner was accused of making unwanted sexual advances toward young female employees, the U.S. Equal Employment Opportunity Commission reported Monday. Tapioca Express will pay 2,500 due to the unidentified restaurant owner's conduct toward Filipina employees between the ages of 17 and 23, according to the EEOC, which reported the harassment involved "repeated and unwanted comments of a sexual nature and physical contact," which led some employees to quit their jobs. The EEOC did not specify how many employees were harassed, but alleged that a written complaint did not lead to any changes regarding the harassment. "We commend the young women for coming forward to shine a light on the harassment to which they were subjected," said Christopher Green, director of the EEOC's San Diego office. "Their strength may give courage to other young people or those in the Asian American and Pacific Islander community who may be suffering harassment or discrimination in the workplace to come forward as well."In addition to the settlement money, Tapioca Express will hire an "external monitor" to review sexual harassment policies and procedures and establish a complaint procedure for employees. Anti-sexual harassment training will also be provided to all employees. "Harassment remains a persistent problem in the workplace, which must be addressed top-down in any company," said Anna Park, regional attorney for EEOC's Los Angeles district office. "We are encouraged by the steps Tapioca Express has taken to resolve this matter and the measures it has put in place to prevent workplace harassment and discrimination." 1834
SAN DIEGO (CNS) - San Diego County health officials have reported a record 736 new COVID-19 cases Saturday and five more deaths as nonessential businesses moved to outdoor-only when the county went from the red to the purple tier of the state's four-tiered coronavirus reopening plan.The data increases the total caseload since the start of the pandemic to 63,681, with the death toll rising to 926. This is the fourth consecutive day that more than 600 new coronavirus cases were reported by the county.On Wednesday, a record 661 COVID-19 cases were reported in the county - - surpassing the 652 cases reported Aug. 7. Another 620 cases were reported Thursday."We have not seen cases this high in months, and it's a clear indication that COVID-19 is widespread," said Dr. Wilma Wooten, the county's public health officer."These totals also show people are not following the public health recommendations that we know work to prevent getting and passing COVID-19."Wooten added that in the weeks following Halloween, this record case jump is a warning sign people "need to follow public health guidance throughout the upcoming holiday season."This comes as state data has landed the county in the most restrictive tier of the state's COVID-19 reopening plan. The restrictions associated with the purple tier went into effect just after midnight Saturday.Many nonessential businesses are now required to move to outdoor-only operations. These include restaurants, family entertainment centers, wineries, places of worship, movie theaters, museums, gyms, zoos, aquariums and cardrooms.The restrictions include closing amusement parks. Bars, breweries and distilleries will be able to remain open as long as they are able to operate outside and with food on the same ticket as alcohol.Retail businesses and shopping centers can remain open with 25% of the building's capacity. No food courts will be permitted.Schools will be able to remain open for in-person learning if they are already in session. If a district has not reopened for in-person learning, it must remain remote only. Offices are restricted to remote work.Remaining open are essential services, personal care services, barbershops, hair salons, outdoor playgrounds and recreational facilities.The county's demotion from the less-restrictive red tier is the result of two weeks of case rates that exceeded the threshold of 7 per 100,000 residents.In recent weeks, the region had an unadjusted rate well above the purple tier guidelines, but a significant effort to increase the volume of tests had allowed for an adjustment to bring it back to the red, or substantial, tier.State officials reported Tuesday that San Diego County had an unadjusted new daily coronavirus case rate of 10.0 per 100,000. The adjusted case rate dropped to 8.9 per 100,000. Last week's unadjusted case rate was 8.7 per 100,000.According to the reopening plan, a county has to report data exceeding a more restrictive tier's guidelines for two consecutive weeks before being moved to that tier. A county then has to be in that tier for a minimum of three weeks before it may move to a less restrictive tier.Even as the number of cases continues to climb, the testing positivity rate for the region continues to decline. From last week's data, it dropped to 2.6%, a 0.8% decline. It still remains high enough for this metric to remain in the orange tier.The state's health equity metric, which looks at the testing positivity for areas with the least healthy conditions, increased from 5.3% to 6.5% and remained in the red tier. This metric does not move counties backward to more restrictive tiers, but is required to advance.Of the 14,663 tests reported Friday, 4% returned positive, increasing the 14-day rolling average of positive tests to 3.8%.Of the total number of cases in the county, 4,154 -- or 6.6% -- have required hospitalization and 947 patients -- or 1.5% of all cases -- had to be admitted to an intensive care unit.Four community outbreaks were reported Friday. The number of community outbreaks in the past week increased to 48.The county launched a COVID-19 case rate map Thursday showing how cities and communities are being impacted by the novel coronavirus. The interactive map allows users to identify the case rate per 100,000 residents in cities and communities or by ZIP codes.The map also shows where each area falls under the different state tiers and whether their case rate and testing positivity are going up or down. The map can be found at: sdcounty.maps.arcgis.com/apps/opsdashboard/index.html#/e09887e8e65d4fda847aa04c 480dc73f. 4608

SAN DIEGO (CNS) - The family of a 19-year-old San Diego State University student who died after falling from his bunk bed and striking his head following a night of drinking has filed a wrongful death lawsuit against several defendants, including the university, the fraternity he was pledging for, and the manufacturer of the bed he fell from.The lawsuit filed last week in San Diego Superior Court alleges Dylan Hernandez was hazed by members of Phi Gamma Delta just prior to his death, and that fraternity members not only failed to obtain medical attention for him after he became extremely intoxicated, but also attempted to hide evidence of misconduct following his fatal fall.Hernandez fell from his bed on Nov. 7, 2019, and died in a hospital the following day.RELATED: Investigation completed into death of SDSU student who died after fall from bedThe lawsuit alleges he attended a "Big Brother, Little Brother" fraternity event that had pledges "screamed at and demeaned, beaten with paddles and hands, and forced to consume shots of vodka and rum to the point of intoxication."Following his hospitalization, the lawsuit alleges Phi Gamma Delta members instructed others to remove incriminating material from their cell phones and in group chats, members were told to "Keep your mouths shut!" and "Just remember, Silence is Golden!"Representatives with Phi Gamma Delta did not respond to a request for comment.RELATED: Autopsy report of SDSU student who died after fall from bed releasedIts national office permanently suspended its SDSU chapter in August and SDSU expelled the fraternity until 2030.In July, it was announced that no criminal charges would be pursued in connection with Hernandez's death, which was ruled accidental. A joint statement released by the university's police department and the San Diego County District Attorney's Office stated there was "no basis" for manslaughter or hazing charges.Investigators said there were no injuries on Hernandez's body "that appeared consistent with hazing, and no evidence of student group activities likely to cause serious bodily injury or death, which is statutorily required to prove hazing." Other than Hernandez's "devastating head injuries," the only other wound to his body was an abrasion on his thigh, officials said.RELATED: San Diego State suspends 14 fraternities after student is hospitalizedOne month after that statement was released, Rob Caudill, the fraternity's executive director, sent SDSU a letter announcing the chapter's closure, stating the SDSU chapter had been found guilty of violating fraternity bylaws, including hazing, drug use and violations related to alcohol misuse.SDSU representatives said the university could not comment as it had not yet seen the lawsuit, but pointed to steps the university has taken to combat hazing activities on campus in the wake of Hernandez's death. These include the formations of two task forces examining student activities and alcohol/substance abuse. Task force recommendations led to the implementation of a Good Samaritan Policy, in which student organizations are encouraged to report concerns about student health and safety, and a Hazing Prevention Task Force that held its first meeting this fall.Hernandez's family alleges SDSU was aware of prior hazing issues involving Phi Gamma Delta and failed to properly discipline the fraternity for such activities. The family alleges SDSU was aware of prior instances when Phi Gamma Delta pledges were hazed or hospitalized for excessive drinking.The family also alleges the school created an unsafe environment in the Tenochca Residence Hall where Hernandez suffered the fatal fall by furnishing its rooms with bunk beds that didn't meet minimum safety standards.In suing SDSU and the bunk bed manufacturer, Foliot Furniture Pacific, the family alleges the beds featured "safety rails" that were defective, and contributed to 550,000 deaths nationwide over a 16-year period and 10 injuries at SDSU between 2017 and 2019. 4015
SAN DIEGO (CNS) - The president of the NAACP San Diego Branch Saturday criticized the proposal to de-escalate confrontational law enforcement situations adopted Wednesday by the San Diego County Police Chiefs and Sheriff's Association.The plan calls on all police personnel to "use tactics and techniques to persuade" suspects to "voluntarily comply" and mitigate the need to use increased physical tactics to resolve situations safely, the association said.Francine Maxwell, NAACP San Diego Branch president, issued a statement in reaction to the proposal: "We find this document to be profoundly tone- deaf and utterly inadequate. This document seems to have been prepared inside an echo chamber of highly paid law enforcement officials. Where was the input from the taxpaying public?"The policies unanimously adopted by the group are the culmination of a project that began last June with the creation of a committee tasked with exploring the hot-button issue. The committee included representatives from all countywide municipal police agencies, the San Diego County District Attorney's Office and a local psychiatric emergency-response team.Guiding the development of the new policy was "the overarching principle of reverence for human life in all investigative, enforcement and other interactions between law enforcement and members of the community," according to the association.But Maxwell responded to the proposal by asking, "Where in this document is it affirmed that the purpose of law enforcement is to protect and to serve, not to dominate and control? Where in this document are the policies and procedures needed to reign in the abuse, violence, and death that so regularly occur in citizen interactions with law enforcement?"Maxwell asked the law enforcement group to apologize for and withdraw the proposal, which said argued "does nothing to restore the public's trust and faith." She made a few other recommendations as well, including asking law enforcement to sit down with individuals who have suffered trauma and abuse, and she asked that officials move swiftly to build a new spirit of service and protection into their departments.She said officers who will not change should be removed, "rather than allow them to corrupt another generation of recruits with their aggression and violence."According to the association's strategy, peace officers should consider these concepts:-- Pre-engagements which involve "the process of gathering and assessing information prior to deploying the available personnel, tactics, equipment and other appropriate and obtainable resources" so as to "enhance the probability of a peaceful outcome."-- De-escalation, which hinges on the use of techniques intended "to gain voluntary compliance from an individual in order to gain or maintain control of an incident while reducing the need for physical coercion."-- Disengagement, or "tactical withdraw," an enforcement method that can "be a viable option for individuals in crisis who pose no additional threats to others, or resistant offenders who may later be apprehended under safer conditions."The mission of the project "was to not only define best practices for de-escalation, but to do so collectively to ensure the county is of one mind on the philosophy," said Chula Vista Police Chief Roxana Kennedy, president of the police-leadership body. "As part of this community, we understand the importance of violence prevention whenever possible, and de- escalation techniques are the best way to get there."The association included the law enforcement leadership of the county and all local cities, as well as San Diego Harbor Police, the county Probation Department and the police departments of the San Diego Community College District, San Diego State University, San Diego Unified School District and the University of California San Diego. 3867
SAN DIEGO (CNS) - The parent company of niche dating sites, including Christian Mingle, agreed to pay 0,000 in penalties and nearly million in refunds to customers whose subscriptions were automatically renewed to settle a consumer protection action, San Diego County District Attorney Summer Stephan announced Monday.The judgment filed in Santa Monica Superior Court will be shared equally among a task force of California prosecutors that also included district attorneys from Los Angeles, Santa Clara and Santa Cruz counties, as well as the city attorney of Santa Monica.The dating sites for Spark Networks USA, LLC, were automatically renewing customer payments without their express prior consent as required by federal and state law, among other alleged violations of law, according to the task force."Consumers always have the right to know where their money is going and companies must comply with California's laws in order to ensure that consumers understand certain transactions will renew automatically," Stephan said. "This joint effort is a great example of how our Consumer Protection Unit works to protect people from unfair business practices in the marketplace and ensure that California's consumer protection laws are followed."The judgment requires Jdate, Christian Mingle, and all of Spark's other dating sites to have full transparency with consumers about automatically renewing memberships.The company now must:-- clearly and conspicuously disclose the renewal terms;-- get consumers' consent, through a separate check box (or similar mechanism) that does not include other terms and conditions;-- send a clear summary of the renewal terms after consumers pay; and-- allow consumers to cancel easily.Spark Networks cooperated with the task force to reach the resolution.According to prosecutors, online "subscriptions" and other automatically recurring charges have proliferated in the United States in recent years. Some renewals come after "free trials," where consumers need to cancel in time to avoid the charges.Federal and state law requires businesses to make auto-renewals clear to consumers, and to get their "express, affirmative consent" before collecting any money. However, many businesses still don't follow the law, prosecutors said. 2286
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