Archives for category: UC

via reclaim UC

Criminal Charges To Be Filed Against UC Davis Bank Protesters

A little over than a week ago, the UC Davis Faculty Association circulated a petition in opposition to the decision of the UC Davis administration to forward information about its students involved in the highly successful US Bank protest to the District Attorney. The petition quotes from an official statement regarding the bank closure:

As of today (March 16), UC Davis police had forwarded six cases to the Yolo County district attorney’s office, recommending prosecution for violating Penal Code sections that make it a misdemeanor to ‘willfully and maliciously’ obstruct the free movement of any person on any street, sidewalk or other public place, or to intentionally interfere with any lawful business.

Mike Cabral, assistant chief deputy district attorney, said March 15 that the district attorney’s office had not yet completed its review of the case files—and that a decision on whether to prosecute is likely to come Monday or Tuesday (March 19 or 20). If the decision is made to go forward, the district attorney’s office will notify the suspects by mail, ordering them to appear in court.

Today, we find that not six but 12 protesters will likely face criminal charges [Update: more from the Davis Vanguard here]:

Misdemeanor charges will likely be filed against 12 people connected to the on-campus U.S. Bank protests, according to an email circulated among UC Davis administration Thursday evening. The protests were part of an effort to get US Bank off campus, which is eventually what happened.

We have a call out to the Yolo County District Attorney’s Office and will update when we have more information. Here’s the email:

Yolo Co. D.A’s office public information rep has confirmed that misdemeanor charges have been filed against 12 individuals in connection with the U.S. Bank protests. Letters are in the mail.

The Yolo County District Attorney’s office has notified UC Davis that the D.A.’s office today mailed letters to 12 individuals, ordering them to appear for booking at the Yolo County Jail and then to appear at a later date for arraignment in Yolo County Superior Court on misdemeanor charges related to their alleged activities earlier this year at the U.S. Bank branch at UC Davis.

Starting in January of this year, these individuals frequently obstructed access to the bank branch, located in the Memorial Union at UC Davis. The bank chose to close during many of these events, and, in a recent letter to account holders, announced the campus branch to be “officially closed” as of Feb. 28.

As we’ve seen recently at UC Berkeley, with the filing of criminal charges as well as stay-away orders against a number of prominent student protesters, UC administrators willingly collaborate with the offices of their respective DAs. In order to do this, the administration sends UCPD to actively search out information (“evidence”) against student protesters, which is then forwarded to the DA. At times, this evidence has come from the medical records of students who had sought treatment at University Health Services after being assaulted by the police themselves.

What this means, it appears, is that the Office of Student Conduct (OSC), which from 2009-2011 was charged with the quasi-legal repression of student protesters, is being superseded, its work passed off to the criminal (justice) system proper. This move, of course, is part of a broader trend that is becoming apparent at universities across the country: the militarization of campus space and of university life at large.

(Above video from yesterday’s protest at the UC Regents’ meeting at UCSF Mission Bay. Police arrested three protesters.)

via reclaim UC: Criminal Charges To Be Filed Against UC Davis Bank Protesters.

 

**Join us on MONDAY MARCH 12th at NOON at CALIFORNIA HALL to demand that Chancellor Birgeneau publicly ask Alameda County DA Nancy O’Malley to drop charges against November 9th protesters**

The picket will continue every day at noon until Chancellor Birgeneau makes a public statement in support of protesters and against the charges.

**If you can’t be there, send an email of support for protesters**
robertjb@berkeley.edu
nancy@nancyomalleyforda.org

At least eight individuals have been charged for their alleged participation in protests on November 9th. These charges come despite Chancellor Birgeneau’s email shortly after the event granting “amnesty” to participants from student conduct charges. We are demanding that the Chancellor publicly ask Alameda County District Attorney Nancy O’Malley to drop these charges in the interest of protecting free speech on campus.

Not only are the charges a persecution of individuals who exercised their free speech rights in the face of well-documented police brutality, but they are apparently designed to undermine the movement for public education and threaten free speech on the UC Berkeley campus generally.

Charges were filed against students who were NOT arrested on the 9th – meaning that the Alameda County DA and UCPD have made clear that any participants in protests on campus risk facing charges months after the event regardless of whether or not they were arrested that day.

Moreover, because some of the individuals charged were not arrested, it is likely that video evidence or testimony by individuals seeking to make public and denounce police brutality on the 9th is now being used to prosecute them. This creates a chilling effect on all students who wish to speak out regarding UCPD behavior on our campus.

Finally, because several of those facing charges have been leaders within the public education movement — but were not arrested on the 9th — such charges raise the specter of politically targeted prosecutions, meant to silence those who are vocal about university policies.

Representatives of the University, including Judge Charles Robinson and Dean Edley have publicly stated that the purpose of a specialized university police force is to protect university values in a way that an outside police force could not. The decision of the UCPD to cooperate – or even pursue – charges against student protesters for the violation of campus rules completely undermines such a claim. If these charges are allowed to stand, we as students will be doubly vulnerable – subject to special rules and surveillance by the campus police who do not hesitate to use criminal charges to suppress protests in support of public education.

Wed Mar 07, 2012 at 10:48 PM PST

Breaking: Power Mad DA Charges Berkeley Professor & Students Beaten by UC Police.

by jpmassar

 

 

Not content with persecuting Occupy Oaklanders on trumped up charges, the Alameda County District Attorney, Nancy O’Malley, is now turning her wrath on UC Berkeley community members. You all remember the beatings UC Berkeley police administered on November 9th, 2011, after students committed the unspeakably horrible act of putting up tents. Now, according to the Daily Californian

The Alameda County District Attorney’s Office has issued criminal charges to four Nov. 9 protesters, documents show.

UC Berkeley students Ricardo Gomez, Zakary Habash and Ramon Quintero and associate English professor Celeste Langan face several charges, including resisting arrest and remaining at the scene of a riot, according to county criminal dockets.

Check the video out and decide for yourself who the violent provocateurs are.

One of the woman who is yanked by her hair and thrown to the ground near the start of the video — I’m not sure which one — is professor Langan, according to this very recent tweet by Aaron Bady, a UC graduate student.

Aaron Bady @zunguzungu

The woman being thrown to the ground in this video, by her hair, is being charged with resisting arrest, huh?:

And that’s not all:

In addition to the two charges the protesters have in common, they individually face other charges — including a charge against Habash for battery of a peace officer…

BAMN Attorney Ronald Cruz said that Yvette Felarca, a national organizer for BAMN, was also charged for “obstructing an officer and malicious blocking of a sidewalk or public thoroughfare.”

Ah yes, maliciously blocking a sidewalk. As Aaron Bady goes on to tweet

Aaron Bady @zunguzungu

A different professor told the cops instead of beating students, they should beat a professor. Cop replied, “you want some?” and beat him.

Aaron Bady @zunguzungu

MOTHERFUCKERS FUCKING FUCK FUCK.

You’d think the Alameda District Attorney’s Office would have better things to do than to charge people with maliciously blocking sidewalks. You might think they would be devoting their resources to investigating the hundred-plus murders that take place in Oakland every year, or, dare we dream, the plethora of crimes that the Oakland Police commit against the citizens they are sworn to protect and serve.

But you would think wrong.

Given that these ridiculous charges are being levied against Cal Occupiers, not Occupy Oaklanders, it is now clear that the District Attorney either has a personal vendetta against all things Occupy, or is receiving orders from some very powerful people to do everything in her power to crush the Occupy movement in all of Alameda County, not just Oakland.

As another tweeter put it

reclaim UC @reclaimuc

it’s hard to imagine the DA doing anything stupider than charging an english prof who got the shit beaten out of her with resisting arrest.

Retweeted by Aaron Bady

The waste of County resources in this absurd pursuit of peaceful protesters is disgusting. What is even more appalling is that an elected official such as O’Malley in a position of such responsibility would be acting like a vampire in desperate need of more and more Occupier blood.

Someone needs to figure out how to get near her with a cross and some garlic.

8:19 AM PT: Recent tweets: Susie Cagle is an independent journalist.

Susie Cagle ‏ @susie_c

@zunguzungu My theory: Cal protesters are emboldened, and still trying with the tents. DA wants to strike fear into the pure of heart.

Aaron Bady ‏ @zunguzungu Close

@susie_c But still, it’s so weird; many of the people being charged weren’t even arrested Nov9. And charging Celeste is just BIZARRE.

8:59 AM PT: Tweets:

4m Aaron Bady ‏ @zunguzungu Reply Retweet Favorite · Open

Important to know that those four being charged are far from the only ones; I know of two more, and I’m sure that’s not all.

Aaron Bady ‏ @zunguzungu Reply Retweet Favorite · Open

Plus, Alameda County has been accustomed to politicizing its policing fro a long time now; just more of the same, in that respect.

9:38 AM PT: And one more:

Aaron Bady ‏ @zunguzungu

The logic for the UC having its own police force is that it allows it to control what police do on campus. (“police who share our values”)

via Daily Kos: Breaking: Power Mad DA Charges Berkeley Professor & Students Beaten by UC Police..

via press

The Alameda County District Attorney’s Office has issued criminal charges to four Nov. 9 protesters, documents show.

UC Berkeley students Ricardo Gomez, Zakary Habash and Ramon Quintero and associate English professor Celeste Langan face several charges, including resisting arrest and remaining at the scene of a riot, according to county criminal dockets.

In addition to the two charges the protesters have in common, they individually face other charges — including a charge against Habash for battery of a peace officer.

Quintero, who also faces charges for obstruction of a public place, said in an email that the UC Berkeley Police Review Board — which held meetings earlier this week to investigate police use of force during the protest — has ignored his complaints against UCPD in the past. He added that he had not been notified of the charges.

BAMN Attorney Ronald Cruz said that Yvette Felarca, a national organizer for BAMN, was also charged for “obstructing an officer and malicious blocking of a sidewalk or public thoroughfare” in a letter this weekend, though this has not been confirmed with the district attorney’s office.

Cruz said the charges were “outrageous” and “essentially the university backing up their police violence.”

However, campus spokesperson Janet Gilmore stressed that the charges are not under the purview of the campus.

“Chancellor Birgeneau announced in November that … the university would grant amnesty from Student Code of Conduct action,” she said in an email. “That commitment remains in place.”

Judith Butler, faculty advocate for the protesters and professor of rhetoric and comparative literature, said in an email that the campus administration should emulate UC Davis Chancellor Linda Katehi, who requested that criminal charges be dropped for those arrested during UC Davis November protests.

“It was an important step in recognizing that protest should be protected on campus, and should not be criminalized, especially when there is no harm to people or property,” Butler said in the email.

Langan will be arraigned at 9 a.m. on March 16 at the Wiley W. Manuel Courthouse. Gomez, Habash and Quintero will be arraigned at 9 a.m. on March 21 at the same location.

Via daily cal

Three pepper-sprayed south of UC Berkeley campus following protest

By Sarah Burns

Last Updated 13 hours Ago

Student groups disagree over Palestine resolution to form state

Three people were pepper sprayed south of the UC Berkeley campus Saturday afternoon after a pro-Palestine protest staged in an intersection drew pro-Israel supporters, according to police.

According to Berkeley Police Department Lt. Dave Frankel, a group of about 10 pro-Palestine demonstrators protesting Israeli occupation momentarily took over the intersection of Telegraph and Durant avenues so that they could chant and wave pro-Palestine signs Saturday afternoon.

Two Israel supporters apparently had foreknowledge of the event and showed up at the intersection with pepper spray and began videotaping the protests and shouting counter chants, according to Frankel. One of the pro-Israel supporters also had a stun gun, Frankel said.

Then, three people not involved with either side of the protest tried to mediate the situation, at which point the pro-Israel protesters brandished the pepper spray and stun gun at the non-involved individuals, according to Frankel.

In response, one of the three who had originally tried to de-escalate the situation allegedly brandished a large stick at the pro-Israel supporters.

The two pro-Israel supporters then pepper sprayed the three non-involved individuals, according to Frankel.

According to Frankel, officers responded to the scene after the department received several reports at around 2:24 p.m. of someone being pepper sprayed there.

When the police arrived, the protesters had scattered but the pepper-sprayed victims identified the two who allegedly sprayed them and signed citizen’s arrest forms, Frankel said. The pepper spray and stun gun were confiscated, and the two individuals accused of spraying were cited and released at the scene, according to Frankel.

According to Frankel, Berkeley Fire Department paramedics showed up at the scene and decontaminated the three who had been sprayed but did not transport them to the hospital.

Because neither the pro-Israel nor pro-Palestine supporters were pepper sprayed, the police department is not considering the incident a hate crime, Frankel said.

via Three pepper-sprayed south of UC Berkeley campus following protest | The Daily Californian.

via reclaimuc

Yesterday we posted some of the administration’s emails regarding UCPD’s brutal attack on the #occupycal encampment on November 9. In these emails, Chancellor Birgeneau, who was out of the country at the time, is notified of what happened, and responds that the violence is “unfortunate” but necessary. “Obviously,” he wrote to Executive Vice Chancellor and Provost George Breslauer, “this group want [sic] exactly such a confrontation.” Later, Birgeneau wrote again to Breslauer, declaring that upholding the university’s encampment policies at any cost was essential: “Otherwise, we will end up in Quan land.”

These emails, along with a number of other documents, were uncovered by the ACLU of Northern California by means of a Public Records Act request. One of the other emails, not discussed by the ACLU or in the Chronicle article (“UC chancellor raised no objection to baton report”), caught our eye, especially because of some of the ongoing conversations about faculty and solidarity. Yesterday, for example, our comrades over at the Bicycle Barricade posted an important analysis of the situation at UC Davis in the context of the recent vote on a motion of no-confidence in Chancellor Katehi which was not approved. The piece should be read in full, but for now we just want to quote a small part:

Many professors, believing themselves to be the beneficiaries of privatization (in the form of grants, donations, endowed positions, etc.), support Katehi’s agenda. Now we know that at least 343 of them support enforcing privatization by violent means. This is useful knowledge.
We also know that “only 37% of UC Davis faculty vote on measures regarding campus events that received worldwide attention.” And professors complain about student apathy.

Those professors who brought forward the motions of no confidence and against police violence should be applauded. It’s risky to speak out when promotion and tenure depend on toeing the line. It’s encouraging to note that 312 professors support their students.

But these motions highlight the limits of institutional struggle (petitions, motions, declarations), where the administrators will always have the upper hand. They write the rules, and circumvent them when necessary. For years, faculty have fought a losing battle to defend shared governance, tenure-line positions, and academic freedom from a rapacious administrative logic. It’s time to abandon institutional forms of defense and turn the tables on the admins. Solidarity means attack.

With this in mind, take a look at the following email, sent by Vice Provost Janet Broughton on November 16:

We don’t know what the results of this fishing expedition were. What seems important here is the fact that the administration sees the faculty as (at least potentially) an ally instead of an adversary. Not only that, but it is clear that if professors were to show up to the encampment, and were to try to talk the students into leaving — in the administration’s words, if they were to “help to facilitate a voluntary end to the encampment” — they would be doing the work of the administration. This is not to say that these professors would literally have conspired with the administration but rather that they would be furthering the administration’s goals — the constant de-escalation, displacement, bureaucratization, channeling organizing energy away from the antagonistic administration and into vague efforts to “further build[] support for public higher education.”If de-escalation is the administration’s goal, direct action is the only alternative. We join with our comrades from Davis in calling for the faculty to reject institutional forms of struggle — which are inevitably coopted and recuperated — and join with students and workers in shutting down this university.

Friday, February 17, 2012

18 Occupy Cal protesters detained Friday morning

By Shannon Najmabadi

via daily cal

At about 5:30 a.m. Friday, UCPD officers detained 18 Occupy Cal protesters at their encampment outside of Doe Library, campus officials said.

The protesters have not yet decided upon a future course of action in the aftermath of the detainments. Seven student and 11 non-student protesters were told that “camping and lodging on campus is against university policy and state law” and left peacefully after being detained and identified by the police, according to UCPD Lt. Marc DeCoulode. None were cited or arrested, he said.

Eleven of the protesters were given a stay-away order for seven days, and 10 of the encampment’s 13 tents are currently in police custody, according to Claire Holmes, campus associate vice chancellor for public affairs.

According to DeCoulode, campus administrators ordered the police action after Occupy protesters did not respond to UCPD’s daily warnings that they would be cited if they did not leave. The protesters originally began the encampment Feb. 9 on the steps outside of Sproul Hall and subsequently moved to the steps outside of Doe Library Tuesday.

“The reason we protest in the form of an encampment is because it provides a safe space where dialogue and the marriage of ideas can occur,” said UC Berkeley senior Navid Shaghagi.

Occupy Cal protesters met on the steps outside of Sproul Hall at 2 p.m. Friday to regroup and discuss their course of action moving forward. While continued encampment was discussed, a decision was not reached, said UC Berkeley senior Frank Luna.

According to Holmes, while the campus administration’s approach to responding to campus protests has evolved, there is no policy in place that explicitly dictates how to manage them. Since the Nov. 9 protest events, two encampments at UC Berkeley — the encampment that dispersed Friday morning and one which took place inside the Anthropology Library — have not involved arrests.

“No two protests are alike, so we are always looking to respond to context specific protests or demonstrations and work to respond in a way that is appropriate to the seriousness of the disruption,” Holmes said in an email.

She added that administrators led by Executive Vice Chancellor and Provost George Breslauer and Vice Chancellor for Administration and Finance John Wilton have been brought together to form a protest management group, which has met on an ad hoc basis since early January.

Staff writer Christopher Yee contributed to this report.

via 18 Occupy Cal protesters detained Friday morning | The Daily Californian.

The inability of the majority of the faculty to be even symbolically supportive of the students is not, of course, surprising.”

Remaking the University: Davis Agonistes

Posted by Michael Meranze

via Remaking the University

Sunday, February 19, 2012

The Davis Senate concluded its vote Friday on the motion to declare no confidence in Chancellor Katehi. The motion failed 697-312. A second motion–the “Five Points” motion–that criticized the use of police force against the demonstrators but affirmed confidence in Katehi’s responses to the police violence and her “impeccable performance of all her other duties” passed 586-408. UCOP declared itself “gratified” by the results.

Clearly the Davis faculty is deeply split: about the campus leadership, about how to respond to the police violence, and about the general direction that Davis is moving. Slightly more Faculty cast votes on the clear no-confidence motion than on the “five points” motion and Katehi’s support on the latter dropped over 100 votes. That the majority of the Senate Faculty are unwilling to break with the Chancellor is clear. Beyond that how Davis responds in the future or to the reports about police violence on campus in the future is unclear.

This ambiguity is especially clear if you read the “five points” motion. Here is the language:

Be it therefore resolved that the Davis Division of the Academic Senate:

Condemns both the dispatch of police in response to non-violent protests and the use of excessive force that led to the deplorable pepper-spraying events of November 18, 2011.

Opposes all violent police responses to non-violent protests on campus.

Demands that police deployment against protesters be considered only after all reasonable administrative efforts to bridge differences have been exhausted, including direct consultation with the leadership of the Davis Division of the Academic Senate.

Accepts Chancellor Linda Katehi’s good faith apology.

Expresses confidence in Chancellor Linda Katehi’s leadership and efforts to place UC Davis among the top 5 public universities in the nation.

As both David Copp and Daniel Cox have pointed out, the “five points” motion is internally incoherent. On the one hand, it “condemns” the sending in of the police and their use of “excessive force” on November 18th but doesn’t acknowledge that they were sent in by Chancellor Katehi. On the other hand it “expresses Confidence” in her leadership. The first 3 points raise serious questions about the Chancellor’s judgment. The last 2 suggest that in the end these questions don’t really matter.

In other words, violence against students is “deplorable” but let’s put it into perspective. It was really a blip in Davis’s rise to prominence. Let’s put it behind us. Senate Faculty who did not think that the police violence was sufficient to declare no-confidence in the Chancellor had the option of simply voting no. Given that, the “five points” motion appears to be an effort to appear to care about the violence to students without thinking that it matters all that much.

What message does that send to students?

(2/7/2012) “The Provost (UCI) announced UCOP would be setting 2012-13 tuition “Perhaps … in the middle of the summer,” requesting a 4-8% increase. Book your travel plans accordingly.”

via reclaimuc (the text below was posted 6/27/2011)

Summer means no students — for the UC administration, that means the absence of one of the largest obstacles to their privatizing designs. There’s a similar logic in the UC regents’ decision to hold their meetings at UCSF Mission Bay. It is a highly strategic space: not only is it extremely out of the way and difficult to get to from Berkeley, but it’s also located in what is essentially a post-industrial wasteland, with little else around to provide cover. After thousands protested the meeting at UCLA in November 2009 to approve the original 32 percent tuition hike, it seems the regents decided to retire to less accessible locations.

Summer vacation is the temporal version of UCSF Mission Bay. It’s not surprising that it was in July 2009 that the regents voted to give UC president Mark Yudof “emergency powers” due to the “state of financial emergency,” which gave the administration unilateral authority to impose austerity measures. Especially as “shared governance” becomes less and less of a reality, we should expect more and more executive decisions to be made and policies to be approved at this time of the year.

The title of this article in the Santa Cruz Sentinel is right on: “During Serenity of Summer, UCSC Implements ‘Painful’ Cuts.”

SANTA CRUZ — UC Santa Cruz’s wooded campus is relatively serene in the early days of the more quiet summer session.

Beneath the tranquility though, the campus is set to execute another round of cuts including laying off roughly 50 non-academic employees in what has become an annual occurrence since 2008.

The layoffs go into effect on Friday, July 1, the start of the new fiscal year. In addition to layoffs, workers are seeing their hours (and pay) cut back. As expected, these cuts will primarily affect non-academic workers. (While there are no layoffs on the academic side of things, 40 more faculty positions that are currently empty, and 120 teaching assistantships for graduate students, will be permanently eliminated.) While UC spokespeople talk about how much much their work is valued, they acknowledge that the student-as-consumer is the primary target.

“After years of reductions in state support, we’ve gotten to the point where every corner of the campus has been impacted by these cuts,” UCSC spokesman Jim Burns said. “It’s also true that units farther from the classroom have been particularly hard hit — not because the campus doesn’t value those areas and the people working in them. But because we have tried to the extent possible to reduce cuts to the academic areas in an effort to protect student access to the courses they need.”

Much like the tuition increases, however, these poverty wages are not a function of the so-called financial crisis. Rather, it’s a function of a class war that’s been occurring for decades:

During her two decades at UCSC, [custodian Rosario] Cortez has held several second jobs, including other custodial positions and a job at a bread factory. Currently she works five days a week at UCSC, eight hours a day, where she earns about $2,200 a month after taxes, then makes and sells tamales on the weekends for extra income.

Cortez’s sentiments were echoed by Ernesto Encinas, a cook at UCSC who cares for his 86-year-old mother and 14-year-old son.

“Everyone I know has a second job,” Encinas said. “There is no rest with the wages we make here. You can’t make ends meet with just the one job with the way cost of living keeps rising. Any little change in our income can be devastating.”

With these cuts comes not a decrease in the amount of work expected but precisely the opposite: speedup. Custodians, for example, are required to clean more areas during a single shift. Administrators get around this in a curious way — by telling workers, apparently, to “clean less,” that is, to do a worse job at cleaning more areas. It’s a recipe for disaster — especially in the context of ongoing layoffs, this amounts to an incredibly difficult balancing act for the workers. On this note, check out what an asshole Jim Dunne, the director of UCSC’s physical plants department, is:

“I have heard [the complaints],” Dunne said. “We often only have a few months to implement changes and rework how we do things. We are making a lot of effort to communicate to custodians what that redesign is, but adjustment takes time. It is a difficult situation for both sides. Custodians take a lot of pride in their work. When you tell them to clean something less, that’s hard for them.”

Yeah, that’s the only thing that’s hard for them.

If they ever doubted it before, UC administrators now understand that the best time to implement austerity are the summer months. Summer evacuates much of the potential resistance — with students and faculty mostly away, the only thing standing in the way are the workers, precisely those hardest hit by the cutbacks. It also functions usefully as a time barrier — one of the administration’s most effective tactics is simply to wait protesters out. (Look at what’s happened with the last two hunger strikes at UC Berkeley.) Finally, summer marks the point at which many veteran student protesters graduate and move on. For anti-austerity protesters, it will become increasingly important to incorporate the summer into strategic thinking. This does not necessarily imply a need for stable organizing structures, which contribute their own problems, but it does indicate the need to directly address and even intervene in some way during these months. After all, the success of the walkout on September 24, 2009 depended on the work that was done by students, faculty, and workers before the school year had even begun. This does not necessarily have to take place on campus. It could also mean looking to other organizing bodies outside the spaces of the university that are attempting to build capacity for resistance against austerity.

If fall is the moment of attack, and after the fall the moment of reflection, then before the fall is clearly the moment of preparation. But maybe it’s time to rethink this calendar?

via reclaim uc

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