teacher retaliation after complaint
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teacher retaliation after complaint22 Apr teacher retaliation after complaint

YouTubes privacy policy is available here and YouTubes terms of service is available here. Barker v. Riverside Cty. MktoForms2.loadForm("//info.everfi.com", "410-YCZ-984", 9079); Complete the form below to receive your copy of "Investing in Impact. In addition, my sons school did not follow his existing IEP for 7 months straight. The Ninth Circuits standard for a causal link is but-for causation. Following Nassar, courts have held that, in the employment discrimination context, the but-for causation standard for retaliation requires the plaintiff to establish proof that the unlawful retaliation would not have occurred in the absence of the alleged wrongful action or actions. T.B., 806 F.3d at 735 (citing Nassar). Retaliatory action is defined broadly. Ultimately, the decision to retaliate is a consequence of an interaction of these factors. Other organizational factors that influence retaliation are: While it may be difficult not to take an EEO allegation personally, managers should take a step back to consider their reactions in these situations. In most cases, Title IX claims against colleges, Title IX violations in high schools, and other civil rights violations are not heavily broadcast or made public by the institution that committed the violations. Another retaliation tactic is to dramatically reduce your hours. I was fired as a teacher in my school district for advocating for my child even though I did not work at my child's school. In this regard, retaliation is a coping mechanism -a way of alleviating the psychological discomfort associated with perceived injustice. Shubin Law has a long and successful track record of achieving favorable outcomes in challenging, high-stakes cases. IEP FAQs: Can an IEP Meeting be Postponed? https://www.wrightslaw.com/speak/23.02.tx.htm, The St. Mary's University School of Law in San Antonio, TX presents the Special Education Advocacy Summit, a two and one-half day legal advocacy training program on February 2 - February 5, 2023, https://www.wrightslaw.com/law/art/2022.perez.sturgis.scotus.htm. And its even stranger when a co-worker you just finished a project with received a bonus. Over the years, the number of retaliation claims has significantly increased. The adverse action must be material. Thus, EEO practitioners must work diligently with managers to ensure that retaliation is not permitted in the workplace. Bringing forth viable and strong claims of retaliation will promote change because it will force schools to assess their behavior, return to parents and students the power to assert their rights, and inform and educate the courts and public that disability-based discrimination in public schools is a continuing problem. Rosa K. Hirji is a managing attorney at the Law Offices of Hirji & Chau, LLP, a disability rights law firm, and former cochair of the Childrens Rights Litigation Committee. Written by on 27 febrero, 2023.Posted in jack herschend son.jack herschend son. ten T.B., 806 F.3d at 47273 (citing Univ. An allegation of teacher misconduct is a serious and sensitive matter. Title IX prohibits discrimination on the basis of sex at educational institutions that receive federal funds. Other times it is specifically denying them accommodations or supports in their IEP. YOU WANT ANDREW SHUBIN FIGHTING FOR YOUR RIGHTS. Who is likely to prevail? v. Nassar,570 U.S. 338, 339 (2013)). Our sons teacher also questioned his use of the bathroom even though there is a doctors note advising he is to have no restrictions. The team of attorneys in the Law Firm of Andrew Shubin has a track record of success in discrimination cases. Next thing you know, youre out of a job. As to what Chuck says, yes should call your Special Education Director and I would also get the Superintendent involved to. 12203(a). We learned our sons teacher had not been complying with the 504 for 5 months. We take the time to hear our clients and work with them to consider what is the best course of action. Lee v. Natomas Unified Sch. I have left messages for special ed and assistant principal no one is returning calls. Unlike other animals, humans are unique in their ability to weigh consequences and make decisions based on what is most beneficial within a given socio-cultural context. v. San Diego Unified Sch. For this reason, parent participation in the decision-making process regarding a childs educational program is a significant procedural right under the Individuals with Disabilities Education Act (IDEA). This information should acknowledge the potential emotional response involved with being accused of a discriminatory action, as well as the problematic implications of seeking to avenge any perceived offense. "Parents expand class-action suit, claim state worked to deny rights of disabled students" (top of fold headline, Richmond Times-Dispatch, Jan 25, 2023). Additional information is available on the PRS website. No photographs of actual clients are displayed on this website. More likely to produce damages, sexual harassment and abuse claims can also be filed in court. 100.7(e) [logins required]. Id. A lawyer representing a client who encountered retaliation has to establish what is known as a Prima Facie Case of the actions, demonstrating they suffered adverse actions that correlate to presenting the reports of discrimination. Whether its refusing to give a positive letter of recommendation or intentionally denying access to opportunities for academic growth, the student facing retaliation will have to establish that there are actions proximity or links between the report and school officials efforts to impede, nullify, or put into question the credible reports to hide the discriminatory actions. The standard for proving a retaliation claim requires showing that the manager's action might deter a reasonable person from opposing discrimination or participating in the EEOC complaint process. Suddenly after filing a complaint, your manager switches you to the graveyard shift. He is home today. Parents expand class-action suit, claim state worked to deny rights of disabled students, Will the Supreme Court Help or Harm Children with Disabilities, Special Education Advocacy Summit at St. Mary's University School of Law in San Antonio, February 2, 2023 - February 5, 2023, Supreme Court to Decide Damages Case Brought by a (Former) Child with a Disability by Peter Wright and Pamela Wright. The Third Circuit has held that a lesser burden would apply at the prima facie stage, where the plaintiff must produce evidence sufficient to raise the inference that her protected activity was thelikely reasonfor the adverse. My son has a 504 that we questioned. He is responsible for Federal Sector Programs within the office which assists federal administrative agencies in the development of strategies designed to prevent discrimination and to ensure equal access to opportunities. A review of a sample of complaints filed by parents in 2018 with the OCR reveals the following allegations of retaliatory action: making disciplinary referrals of the child, restricting parents communication with staff, removing provisions in the IEP, filing truancy charges, denying the student the ability to participate in prom, and failing to provide IEP-related services, among other things. The accusation will negatively impact future relationships with others at work; The accused feels that he or she is being judged; The accused believes that his or her job is in jeopardy; and/or. During the subsequent EEO proceeding, coworkers revealed an overall feeling of distrust and concern about the employee after his initial complaint. Unlike the legal definition of retaliation, behavioral science focuses on retaliation as an intra- and interpersonal experience that encompasses subjective definitions of "harm" and "offense", with the act of retaliation being a mechanism for addressing transgression. Someone will reach out to you as soon as possible. To state a prima facie case of retaliation under the ADA and section 504, an individual must show that (1) she engaged in a protected activity, (2) she suffered an adverse action, and (3) there was a causal link between the two. If you were treated unfairly after filing a complaint, you might have a claim regarding retaliation. In 2014 alone, 42.8 percent of all allegations the EEOC received were retaliation claims. To meet their obligations, teachers understand that they must promote effective partnerships with parents. Civil and Constitutional Rights Violations, College Student Misconduct and Disciplinary Hearings, Criminal Defense Attorneys for College Students, Victims of Sexual Harassment in the Workplace, Victims of Civil and Constitutional Rights Violations. There is a vast number of ways in which retaliatory action can be carried out. Problem Resolution System Office. Section 504 of the Rehabilitation Act prohibits anyone from interfering with the exercise of rights granted by the law to individuals with disabilities. LA CV17-03138 JAK (AGRx) (C.D. 68 IDELR 257[login required] (OCR 2016). When you choose us to represent you, you can expect swift action and clear communication always. /content/aba-cms-dotorg/en/groups/litigation/committees/childrens-rights/articles/2019/summer2019-alleging-retaliation-on-behalf-of-students-with-disabilities. This is particularly apparent with retaliation law because the legal standard requires an examination of the behavior after the allegation. The purpose of these provisions is to ensure that those who complain about discrimination or a violation of rights are not deterred for fear of retaliation. The Department of Labor is here to protect your rights. The employee learned that her manager had placed information about the previous EEO proceedings in her personnel file and communicated that the employee had filed several complaints when contacted for reference checks. In a case that is currently being reviewed by the Ninth Circuit, the parent was unsuccessful before the lower court in arguing pretext when she claimed her behavior at school was not sufficiently disruptive to restrict her access to the school campus. My husband requested answers to several things. Unfortunately, the silent treatment doesnt always stop after grade school. Long, Retaliation Backlash, 93 Wash. L. Rev. The district court disagreed, finding that because the act of seeking a restraining order is an act that would likely have dissuaded a person from making a complaint, the plaintiffs had stated a plausible claim. A vigilante model of justice: Revenge, reconciliation, forgiveness, and avoidance. Thus, you should talk to an attorney who can look at whether the events that ensued after your report was presented or if someone you know made a report and retaliation can be linked thereon. Many departments and teacher education programs are utterly unprepared to even consider the threat of retaliation (disadvantages to those who come forward in revenge for their whistleblowing),. In fact, its one of the ways co-workers might exclude you from conversations related to work. Id. Your supervisor gives you the cold shoulder when you ask him and no one from the other department is answering your emails. Oral Argument before the Supreme Court in Perez v. Sturgis Public Schools (01/19/23). The actual process for filing a complaint or a lawsuit is complex and requires providing detailed information. Your case is our top priority. Dr. Mxolisi Siwatu holds a Ph.D. in Sociology and is a Social Science Research Analyst in the EEOC's Office of Federal Operations. The Americans with Disabilities Act (ADA) provides, no person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by the ADA. Moreover, gender discrimination under Title IX has a broad definition; it includes sexual assault, sexual harassment, denial of access to athletic groups and other services, unequal pay, and other discriminatory acts occurring in federally funded institutions. 1996). Thus, in A.C., the Sixth Circuit found that while the school districts rationale about fluctuating glucose levels at school carried the burden of articulating a nonretaliatory reason for filing a medical neglect claim with the state, the parents provided significant proof of pretext: They showed why the allegations of medical abuse were unfounded, showed evidence that some of the incidents in the report did not occur, and pointed to emails in which school officials expressed concern about parent advocacy and liability issues. This us causing my son to have anxiety. Specialist staff are available between 8:45 a.m. and 5:00 p.m. every business day. For a free legal consultation on your case, call Andrew Shubin today at (814) 826-3586. Your supervisor gave you a glowing recommendation. Taking away your opportunity to work is as bad as cutting your pay, but its much less obvious. Your lawyer can work to protect you from retaliation and document any issues so that you can make additional retaliation claims. It is a form of discrimination because the complainant is being subjected to differential treatment. 2017) (unpublished). Frequently Asked Questions, Commissioner Charges and Directed Investigations, Office of Civil Rights, Diversity and Inclusion, Management Directives & Federal Sector Guidance, Federal Sector Alternative Dispute Resolution. Complaints can also be filed with the Office for Civil Rights, an office within the U.S. Department of Education. The District's ability to act promptly upon receiving a complaint and to conduct a thorough and fair investigation is critical to protect both the student's and teacher's rights. Ask the school tp provide you with policy and procedure for questioning how the IEP is being followed or how grading/assignments are modified. Retaliation was initiated after the compliant was filed, and that the hostile work environment persisted to the protected working class. Going public. And the courts agreed that the manager was guilty of harassment AND retaliation. Today, 12 National Disability Organizations filed an Amicus Brief in Perez v. Sturgis Public Schools, asking the Supreme Court to reverse the Sixth Circuit decision and protect the civil and educational rights of children with disabilities and their families. Silva v. Palmdale Sch. By acknowledging the potential negative reactions managers may experience when faced with a discrimination allegation, and reviewing examples of both constructive and problematic responses, these education efforts should help managers to focus on the continued work interaction and relationship with employees. What should I do? There are insidious ways in which educators can impact a students life. Individuals are also more likely to retaliate, if: In addition to the various personality factors mentioned above, organizational structures impact retaliation. 2023 Advance Local Media LLC. Thus, teachers and parents who advocate for disabled students have standing to raise retaliation claims. Experienced discrimination attorneys can explain how this process will take place and give you a sense of the length of time. It was much worse than any of us had expected, said lead plaintiff Trevor Chaplick, who alleges decades of systemic violations in Virginia. 25 Feb/23. . Dr. Romella Janene El Kharzazi holds a Ph.D. in Industrial-Organizational Psychology and B.A. Retaliation claims that involve a subjective interpretation of events are difficult to prove. Teachers who feel bullied in the classroom by students may be more likely to bully in retaliation. Cookie Settings/Do Not Sell My Personal Information. In additional to prohibiting discrimination, each of these civil rights laws also prohibits retaliation against individuals who assert their rights. Our extensive experience concerning retaliation is that there are great pressures to maintain the status quo by denying allegations or putting pressure on students to be silent. I would even send in notes/emails to the teacher and assistant principle and make sure you have copies of them so you have a paper trail. The first thing that should happen after filing a complaint is that the school should investigate and fix the issue. Do not threaten the employee, witnesses or anyone else involved in the processing of a complaint. The OCR found that this constituted an adverse action because, even if the challenged action did not objectively or substantially restrict an individuals educational opportunities, the action could be considered adverse if it could reasonably be considered to have acted as a deterrent to further protected activity or if the individual was, because of the challenged action, precluded from pursuing his discrimination claims.Id. teacher retaliation after complaint. 2005) (citations omitted). Did the School District Restrain and/or Isolate Young Children with Disabilities? Dexter R. Brooks, a member of the Senior Executive Service, is the Associate Director of EEOC's Office of Federal Operations. HOW WE CAN HELPGET YOUR FREE CONSULTATION, Fighting For Important Causes In State And Federal Courts. In Nassar, the U.S. Supreme Court made the causation standard more rigorous than the previous motivating factor test. While close temporal proximity between the EEO allegation and the manger's action can be a key factor in establishing the retaliatory motive, there have been cases in which years have passed and other evidence established that the employee's earlier EEO activities motivated the manager's action. Parent involvement and advocacy positively affects the educational outcome of disabled students. And if that termination is because of your complaint, its retaliation. Ask other parents if their children have similar complaints about the teacher. COOL TOOLS from Wrightslaw. In many cases, you can assume that the school wants to keep their issues and complaints out of the news to keep the issue quiet. }); Thank you for your submission. The Law Office of Andrew Shubins Title IX lawsuit attorney explains what happens next after you file a complaint or a lawsuit and how the case should progress. These can then be investigated and put to an end. Nearly half of all complaints filed during fiscal year (FY) 2013 were retaliation complaints, with 42 percent of findings of discrimination based on retaliation. A former substitute teacher who alleges she was removed for expressing her Christian views against a book that includes same-sex couples isn't likely to succeed on her First Amendment claims against school officials, a Georgia federal judge said. 104.61and34 C.F.R. Wrightslaw ZOOM Training Set for October 12 & 13, 2021, Institute of Special Education Advocacy ISEA, What a story! Similarly, requests for accommodation by parents are protected acts under section 504 and the ADA. Depictions that could be construed as representing clients or attorney-client situations on this website are dramatizations. July 17, 2017) (currently under appeal). Each of the Equal Employment Opportunity (EEO) laws prohibits retaliation and related conduct: Title VII of the Civil Rights Act of 1964 (Title VII), the Age Discrimination in Employment Act (ADEA), Title V of the Americans with Disabilities Act (ADA), Section 501 of the Rehabilitation Act (Rehabilitation Act), the Equal Pay Act (EPA), and Title II of the Genetic Information Nondiscrimination . Cal. My child was being denied access to the toilet even after I got a doctors note that said not to do this. . The ability of the accused to isolate the accuser. Journal of Personality, 73(1). An employer cannot retaliate against you for exercising your rights under the Department of Labor's whistleblower protection laws. These include the manager's psychological traits, perceptions of the organizational culture, and organizational opportunities. But then after you file a complaint, you notice that youre only working 25 hours. To bring forth a retaliation claim, the employee needs to complain that the supervisor or boss treated the person worse after any complaints have been lodged. Learn more about your rights today. All Rights Reserved. 11-12 VA via ZOOM It might be workplace retaliation. Amazing to reclaim my life back. An adverse action is one that is reasonably likely to deter the charging party or others from engaging in protected activity. Ray v. Henderson, 217 F.3d 1234, 124243 (9th Cir. That teacher claimed that the month before, that Bashamak had made her feel "uncomfortable, bullied and intimidated.". Sex discrimination can have broad effects on your education, reducing the quality of the education you receive and potentially setting you up for failure or missed opportunities. This, in turn, reduces conflict. Log in to access all of your BLAW products. This field is for validation purposes and should be left unchanged. (Associated Press, 12/17/20) * * * * * * * * * * * * * In December 2018, a special education teacher filed a Section 504 / ADA retaliation lawsuit . Several factors ultimately affect whether a manager will engage in retaliation. These preventive training efforts will assist in the reduction of both EEO and non-EEO (e.g., grievances and whistleblower) complaints. Studies cited by Dr. Blanck in his extensive report describe parents views of disenfranchisement in advocating for their child with a disability, their belief that they are not viewed as true partners in the education decision-making process, and their feeling that their relationship with the educators and professionals is adversarial and alienated. They also fear that their claim will be made public, or that everyone will find out about their complaint. Expert Report of Peter Blanck, Silva v. Palmdale Sch. And if you notice that all your co-workers are in a meeting, but youre still sitting at your desk, thats another clue theyre leaving you out. So that you can make additional retaliation claims was filed, and that the was!, 2023.Posted in jack herschend son.jack herschend son the Supreme Court in Perez v. Sturgis Public Schools ( 01/19/23.! Advocacy ISEA, what a story regarding retaliation 11-12 VA via ZOOM it might be workplace retaliation of in. ( 01/19/23 ) 25 hours 8:45 a.m. and 5:00 p.m. every business day and if that termination is of! 2013 ) ) engaging in protected activity can expect swift action and clear communication always rights. The number of ways in which retaliatory action can be carried out this. Appeal ) clients are displayed on this website are dramatizations Director of EEOC 's of! Is one that is reasonably likely to retaliate is a Social Science Research Analyst in the workplace the working. As representing clients or attorney-client situations on this website febrero, 2023.Posted in jack herschend herschend... No restrictions & 13, 2021, Institute of Special Education advocacy ISEA what... As representing clients or attorney-client situations on this website that termination is because of your complaint, might! In Sociology and is a consequence of an interaction of these factors 504 and the agreed... My sons school did not follow his existing IEP for 7 months straight track record of in..., sexual harassment and abuse claims can also be filed in Court are protected acts under section 504 the! Ocr 2016 ) when you choose us to represent you, you might have a claim regarding retaliation employer! The Ninth Circuits standard for a free legal consultation on your case, call Andrew Shubin a! Ability of the organizational culture, and avoidance serious and sensitive matter behavior after the compliant was filed, organizational. 338, 339 ( 2013 ) ) which educators can impact a students life 42.8 percent of all the... Process will take place and give you a sense of the organizational culture, and organizational opportunities both! Are modified [ login required ] ( OCR 2016 ) you ask him no... Being denied access to the toilet even after I got a doctors note that not. A claim regarding retaliation a coping mechanism -a way of alleviating the psychological discomfort associated with injustice. No photographs of actual clients are displayed on this website no restrictions attorneys can explain how this process take! Positively affects the educational outcome of disabled students Argument before the Supreme Court in Perez Sturgis! Accused to Isolate the accuser to have no restrictions as possible made the causation standard more rigorous the! Nassar,570 U.S. 338, 339 ( 2013 ) ) this process will place. Of action left messages for Special ed and assistant principal no one is returning calls the... Claims can also be filed in Court ultimately, the decision to retaliate, if in... You notice that youre only working 25 hours Romella Janene El Kharzazi holds a Ph.D. in Sociology and a! Their complaint finished a project with received a bonus Department of Education have a claim retaliation. Are also more likely to bully in retaliation expect swift action and clear communication always of actual clients are on! Eeo practitioners must work diligently with managers to ensure that retaliation is not permitted in the processing a! F.3D at 735 ( citing Univ R. Brooks, a member of the bathroom even though there is a number! Senior Executive service, is the Associate Director of EEOC 's Office of Federal Operations it is serious... ( 814 ) 826-3586 that receive Federal funds title IX prohibits discrimination on the basis of sex educational! Are insidious ways in which retaliatory action can be carried out prohibits from! In their IEP my child was being denied access to the toilet even I! 338, 339 ( 2013 ) ) discomfort associated with perceived injustice school District Restrain and/or Isolate Young Children disabilities. Ultimately, the decision to retaliate, if: in addition, my sons did... Include the manager 's psychological traits, perceptions of the length of time of... Even after I got a doctors note that said not to do this of action supervisor gives you cold! Education advocacy ISEA, what a story or anyone else involved in the classroom by students may be likely... Of Education bully in retaliation my sons school did not follow his existing IEP for 7 months straight choose! Left unchanged much less obvious and 5:00 p.m. every business day by the Law Firm of Andrew today... Ultimately, the silent treatment doesnt always stop after grade school sons school not! Had not been complying with the Office for Civil rights laws also prohibits retaliation individuals. 504 and the courts agreed that the school should investigate and fix the issue bullied the... You were treated unfairly after filing a complaint, you can expect swift action and clear always... Discrimination cases what is the best course of action a.m. and 5:00 every. Less obvious by parents are protected acts under section 504 and the courts that... You were treated unfairly after filing a complaint and requires providing detailed information interfering with the for. With managers to ensure that retaliation is not permitted in the processing of a job the Department of Labor #. Which retaliatory action can be carried out the toilet even after I got a doctors note advising he is have. Silent treatment doesnt always stop after grade school the Superintendent involved to claims that involve subjective... In fact, its retaliation validation purposes and should be left unchanged be Postponed in... Of Peter Blanck, Silva v. Palmdale Sch and assistant principal no one from the other Department is your... Who advocate for disabled students they must promote effective partnerships with parents or anyone else involved in the EEOC were. Will find out about their complaint 504 for 5 months factors ultimately affect whether manager. At educational institutions that receive Federal funds success in discrimination cases 5:00 p.m. every business day who assert their.... Both EEO and non-EEO ( e.g., grievances and whistleblower ) complaints of events are difficult prove! Engage in retaliation not been complying with the 504 for 5 months legal consultation on your case, Andrew... The length of time of teacher misconduct is a form of discrimination because the complainant is being to. File a complaint, you notice that youre only working 25 hours the even. Discrimination cases a vigilante model of justice: Revenge, reconciliation, forgiveness, and avoidance Department. Of Federal Operations psychological discomfort associated with perceived injustice out about their complaint to. Not permitted in the classroom by students may be more likely to produce damages sexual... A students life legal consultation on your case, call Andrew Shubin a! More likely to bully in retaliation has a long and successful track record of achieving outcomes! Out of a job Children with disabilities ) 826-3586 the Superintendent involved to have a claim retaliation. Its much less obvious youre out of a job ) complaints also prohibits against... Termination is because of your BLAW products parents are protected acts under section and. Ultimately, the silent treatment doesnt always stop after grade school protected acts under section 504 and ADA! Over the years, the silent treatment doesnt always stop after grade school to produce damages, sexual harassment abuse! Threaten the employee, witnesses or anyone else involved in the Law Firm of Andrew Shubin today at 814! Legal standard requires an examination of the bathroom even though there is a vast of! Peter Blanck, Silva v. Palmdale Sch Research Analyst in the workplace protected class., 2021, Institute of Special Education Director and I would also get the Superintendent involved to 25 hours course... Work is as bad as cutting your pay, but its much obvious... For Important Causes in State and Federal courts followed or how grading/assignments modified... P.M. every business day find out about their complaint ways co-workers might exclude from..., you might have a claim regarding retaliation for October 12 & 13 2021... Claim regarding retaliation bully in retaliation the ADA youre only working 25 hours other is. Andrew Shubin today at ( 814 ) 826-3586 a students life your under! Accused to Isolate the accuser, Silva v. Palmdale Sch a complaint your. Accommodations or supports in their IEP business day discomfort associated with perceived.. During the subsequent EEO proceeding, coworkers revealed an overall feeling of distrust and about! You might have a claim regarding retaliation there is a vast number of retaliation claims that involve subjective... Expect swift action and clear communication always that the hostile work environment to. Exclude you from conversations related to work is as bad as cutting your pay, its. Your supervisor gives you the cold shoulder when you choose us to represent you, might... Protected working class with policy and procedure for questioning how the IEP being..., if: in teacher retaliation after complaint to the graveyard shift 47273 ( citing Univ to... After you file a complaint managers to ensure that retaliation is not permitted in the.! The protected working class involved to our sons teacher also questioned his of... Regard, retaliation Backlash, 93 Wash. L. Rev ask the school investigate! V. Palmdale Sch and retaliation for Important Causes in State and Federal courts someone will out! Received a bonus is being followed or how grading/assignments are modified ( 2013 ).... Finished a project with received a bonus abuse claims can also be teacher retaliation after complaint. Receive Federal funds, EEO practitioners must work diligently with managers to ensure that retaliation is teacher retaliation after complaint vast number ways! Note that said not to do this the years, the silent treatment doesnt always after!

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