Petition Closed
Petitioning Nevada Business and Industry Director Terry Johnson and 12 others
This petition will be delivered to:
Nevada Business and Industry Director
Terry Johnson
Governor & Lt. Governor Nevada
Brian Sandoval & Brian Krolich
Industrial Relations Division Chief
Donald Jayne
Board of Directors
Eagle Quest of Nevada, Inc.
Eagle Quest of Nevada, Inc. Operations Manager
Dave Doyle
Eagle Quest of Nevada, Inc. Chief Executive Officer
Ray Tibbitts
Eagle Quest of Nevada, Inc. Hero's Journey Program Director
Sarah Hopica
Eagle Quest of Nevada, Inc. Human Resources
Meridith Turner
Chief Administrative Officer, Nevada OSHA
Stephen Coffield
State Attorney General
Catherine Cortez Masto
Federal OSHA Director Region Vll San Francisco
Ken Atha
Junior Nev. OSHA Eagle Quest Investigator
Mike Ybarra
Senior Nev. OSHA Eagle Quest Investigator
Jimmie Garrett

Non-Profit; Eagle Quest of Nevada, Inc. Concealed Child Abuse & Medical Neglect; under Medicaid Funding at $670 per Day

312
Supporters

Here we have a non-profit enrichening themselves on the tax-payer's dime while simultaneously abusing the youth it claims it's treating. Eagle Quest, operated by Ray & Linda Tibbetts and John & Yoko Shute, who both have large Mormon families who were all employed by Eagle Quest, didn’t give a lick about the wellbeing of other parent’s children as long as the cash rolled in on the Hero’s Journey, a bogus six-week wilderness experience that fleeced the taxpayer of $30,000 per youth with over 200 youth “served”.

Being Mormon, also meant that the minimum qualifications for the job were waived.

What if you were a Mandatory Reporter, and you believed that if you reported severe medical neglect & abuse, that you would be fired; would you still report?

What if the employer then concocted stories of sexual abuse of female minors to attack the mandatory reporter and never reported the alleged "sexual abuse" to licensing authorities?---meet, Eagle Quest--where no child is safe, abuse, neglect, and warehousing them are very profitable.

Enabling Eagle Quest, is Nevada OSHA, who in 2009, were sanctioned for a variety of  deficiencies (see Las Vegas Sun article below)  Eagle Quest’ fraud coupled with Nevada OSHA' incompetencies, were the perfect storm to continue the concealment of child abuse, mandatory reporters requirements and unlawfully fired employees.

Help protect Nevada Childcare Worker's who are statutorily required by State & Federal law to report child abuse and medical neglect.

As the Penn state scandal unfolds it's very clear why we have reporting requirements; to protect Youth.

 All staff on the Hero’s Journey were Recreational Health Specialists

 Eagle Quest had created a culture on the Hero’s Journey that “whatever happens on the Mt. stays on the mountain” thus youth with frostbite, pink eye, and a vaginal infection were all denied medical treatment.

Eagle Quest also failed to treat three female minors from Heat Stroke, who were unconscious for an hour plus. Eagle Quest coerced staff to not report.  EQ abandoned minors in the desert with no food, water, shelter, clothing or medical care, for over 24 hours and then lied about it.

Worker’s of Nevada can’t count on State OSHA to protect US. By signing this position this concealment of child abuse will be revealed and perhaps OSHA can be highlighted again for subverting the ACT’s protections.

 

1) " We had the pleasure of serving over 200 clients in the past two years and have successfully provided each youth with an amazing outdoor experience that will be unforgettable"

www.eaglequestofnevada.com

2) Feds’ appraisal of Nevada OSHA practices damning (Las Vegas Sun Oct. 24, 2009)

"The report further found that workers in Nevada OSHA’s offices were ill-prepared for their jobs. Some longtime employees, it noted, had never taken the most basic training courses" This report is a confirmation of the deep problems that exist in that state plan."

“Looking back, we should have taken a more aggressive approach,” said Donald Jayne, the new head of the state Industrial Relations Division, which oversees the agency. “That’s an easy call.”

Stephen Coffield, the newly installed chief administrative officer of Nevada OSHA, said the agency will review its policy toward finding willful violations.

NOTE: Jayne, Coffield and the governor's appointee, Terry Johnson, won't authorize a lawful investigation; business as usual at Nevada OSHA

 http://www.lasvegassun.com/news/2009/oct/21/feds-appraisal-nevada-osha-practices-damning/

3) Ken Atha Regional Director of Federal OSHA Region Vll    April 28, 2011  OSHA's 40th Anniversary:  Excerpts " employer's have legal obligation to protect worker's" "supportive voices rally for action" "relentless committment to safety"

http://www.youtube.com/watch?v=irIiGoVIris

4) Nevada Governor Brian Sandavol and First Lady Kathleen Sandoval; have children in the age range of the youth that were medically neglected. The state has an invested interest in protecting youth that a Nevada judge or commissioner have removed from the home for their protections.

http://firstlady.nv.gov/

5) Nevada Attorney General, Catherine Cortez Masson,  "When a provider of health-care cheats the system, the MFCU investigates. Providers include hospitals, nursing homes, pharmacies, doctors, dentists, and anyone else who is paid by Medicaid for a health-care service. It is a crime for a provider to bill Medicaid for a service not actually provided."

 

 

Please support these two petitions addressing the civil, due process and education rights of foster youth..

------------------------------------

 http://www.change.org/petitions/human-services-projects-inc-options-in-education-inc-protect-foster-youths-education-rights?share_id=xvSfDraVZS&

http://www.change.org/petitions/sacramento-county-officials-dont-deny-citizens-their-due-process-rights?te=seia

 

 


Letter to
Nevada Business and Industry Director Terry Johnson
Governor & Lt. Governor Nevada Brian Sandoval & Brian Krolich
Industrial Relations Division Chief Donald Jayne
and 10 others
Board of Directors Eagle Quest of Nevada, Inc.
Eagle Quest of Nevada, Inc. Operations Manager Dave Doyle
Eagle Quest of Nevada, Inc. Chief Executive Officer Ray Tibbitts
Eagle Quest of Nevada, Inc. Hero's Journey Program Director Sarah Hopica
Eagle Quest of Nevada, Inc. Human Resources Meridith Turner
Chief Administrative Officer, Nevada OSHA Stephen Coffield
State Attorney General Catherine Cortez Masto
Federal OSHA Director Region Vll San Francisco Ken Atha
Junior Nev. OSHA Eagle Quest Investigator Mike Ybarra
Senior Nev. OSHA Eagle Quest Investigator Jimmie Garrett
Here we have a non-profit enrichening themselves on the tax-payer's dime while simultaneously abusing the youth it claims it's treating. Eagle Quest, operated by Ray & Linda Tibbetts and John & Yoko Shutz, who both have large Mormon families who were all employed by Eagle Quest, didn’t give a lick about the well being of other parent’s children as long as the cash rolled in on the Hero’s Journey, a bogus six-week wilderness experience that fleeced the taxpayer of $30,000 per youth with over 200 youth “served”.

Being Mormon, also meant that the minimum qualifications for the job were waived.

What if you were a Mandatory Reporter, and you believed that if you reported severe medical neglect & abuse, that you would be fired; would you still report?

What if the employer then concocted stories of sexual abuse of female minors to attack the mandatory reporter and never reported the alleged "sexual abuse" to licensing authorities?---meet, Eagle Quest--where no child is safe, abuse, neglect, and warehousing them are very profitable.

Enabling Eagle Quest, is Nevada OSHA, who in 2009, were sanctioned for a variety of defiance’s (See Las Vegas Sun article below) Eagle Quest’ fraud coupled with Nevada OSHA' in competencies, were the perfect storm to continue the concealment of child abuse, mandatory reporters requirements and unlawfully fired employees.

Help protect Nevada Childcare Worker's who are statutorily required by State & Federal law to report child abuse and medical neglect.

As the Penn state scandal unfolds it's very clear why we have reporting requirements; to protect Youth.

All staff on the Hero’s Journey were Recreational Health Specialists

Eagle Quest had created a culture on the Hero’s Journey that “whatever happens on the Mt. stays on the mountain” thus youth with frostbite, pink eye, and a vaginal infection were all denied medical treatment.

Eagle Quest also failed to treat three female minors from Heat Stroke, who were unconscious for an hour plus. Eagle Quest coerced staff to not report. EQ abandoned minors in the desert with no food, water, shelter, clothing or medical care, for over 24 hours and then lied about it.

Worker’s of Nevada can’t count on State OSHA to protect US. By signing this position this concealment of child abuse will be revealed and perhaps OSHA can be highlighted again for subverting the ACT’s protections.

1) " We had the pleasure of serving over 200 clients in the past two years and have successfully provided each youth with an amazing outdoor experience that will be unforgettable"

www.eaglequestofnevada.com

2) Feds’ appraisal of Nevada OSHA practices damning (Las Vegas Sun Oct. 24, 2009)

"The report further found that workers in Nevada OSHA’s offices were ill-prepared for their jobs. Some longtime employees, it noted, had never taken the most basic training courses" This report is a confirmation of the deep problems that exist in that state plan."

“Looking back, we should have taken a more aggressive approach,” said Donald Jayne, the new head of the state Industrial Relations Division, which oversees the agency. “That’s an easy call.”

Stephen Coffield, the newly installed chief administrative officer of Nevada OSHA, said the agency will review its policy toward finding willful violations.

NOTE: Jayne, Coffield and the governor's appointee, Terry Johnson, won't authorize a lawful investigation; business as usual at Nevada OSHA

http://www.lasvegassun.com/news/2009/oct/21/feds-appraisal-nevada-osha-practices-damning/

3) Ken Atha Regional Director of Federal OSHA Region Vll April 28, 2011 OSHA's 40th Anniversary: Excerpts " employer's have legal obligation to protect worker's" "supportive voices rally for action" "relentless committment to safety"

http://www.youtube.com/watch?v=irIiGoVIris

4) Nevada Governor Brian Sandavol and First Lady Kathleen Sandoval; have children in the age range of the youth that were medically neglected. The state has an invested interest in protecting youth that a Nevada judge or commissioner have removed from the home for their protections.

http://firstlady.nv.gov/

5) Nevada Attorney General, Catherine Cortez Masson, "When a provider of health-care cheats the system, the MFCU investigates. Providers include hospitals, nursing homes, pharmacies, doctors, dentists, and anyone else who is paid by Medicaid for a health-care service. It is a crime for a provider to bill Medicaid for a service not actually provided."

=========

Jake Wallace

October 17, 2011

Terry Johnson, Director
Department of Business and Industry
1830 College Parkway, Suite 100
Carson City, NV 89706

RE: Protected Activity and Equitable Tolling

Mr. Terry Johnson,

As the departments findings are pending, I continue to advocate and promote state OSHA’s mandate to protect worker’s and conduct due diligence which in my case is also cited in an 83-page document titled CASPA Rebuttal May 31, 2011. Based on our previous discussion you appeared to be back stepping the issues. Only a trial initiated by OSHA can now flesh out the ACTS legal remedies.

Protected Activity:

It can not be seriously doubted that I was not involved in protected activity, when as a Recreational Health Specialist (RHS), I reported the abandonment and medical neglect of three minors and one adult who were all wards or dependents of the state of Nevada. State OSHA never investigated my employer’s, Eagle Quest of Nevada, Inc (EQ), directive for me to violate state and federal and conceal the abuse issues on the approximate eleventh day of employment by my “refusing to perform an illegal assignment”; EQ from that day through Sept/Oct 2010 showed animus against protected activity. My RHS reporting requirements are well documented in the Nevada Revised Statues.

1) NRS 432B.220 Persons required to report.
2) NRS 432B.130 Persons responsible for child welfare.
3) NRS 423B.260 Action upon receipt of report, shall promptly notify the appropriate licensing agency.
4) NRS 423B. 240 Penalty for failure to report is a misdemeanor.
5) NRS 432B.140 Neglect treatment or maltreatment.

Federal Child Abuse Prevention and Treatment Act (CAPTA) (42 U.S.C.A 5106g)

The OSHA investigation concealed the nature of the protected activity; that’s why a new investigation possible with the state attorney general should be conducted immediately. EQ concealed my three page incident report and then fired me shortly thereafter. EQ retaliated when I refused to conceal a serious abuse issue in a wilderness location on federal lands; fifty percent of Nevada Medicaid funding are federal dollars. Again, I was mandated by state and federal law to report regardless of EQ’s coercion for me not to report. EQ to date, has concealed these facts.

Department of Business and Industry
October 17, 2011
Page 2

Equitable Tolling

Next, we move to the principal of equitable tolling. According to federal OSHA and case law:

No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter * * * or because of the exercise by such employee on behalf of himself or others of any right afforded by this chapter.

Days before the abuse complaint I filed a complaint of understaffing on behalf of myself and co-workers, which was also “lost”. I filed two lawful valid complaints required by cited NRS.

As in other cases as in mine when it goes to trial: At the outset the trial court rejected the contention that the 30-day time limit for filing was a jurisdictional prerequisite. The holding was that the 30-day time limit was in the nature of a statute of limitations subject to equitable tolling. Also, on the facts, the trial court held that the case was an appropriate one for equitable tolling because the defendant had misled Kidd into believing he had only been laid off. Finally, the court held that the defendant had violated the Act in discharging Kidd. Appeal followed, with defendant challenging all these rulings, and we must consider them on a separate basis.

The threshold, and perhaps the most important issue in the case, is the ruling that the time limitation set forth in 29 U.S.C. Sec. 660(c)(2) was a statute of limitations subject to equitable tolling, rather than a jurisdictional provision to be used as a preventive measure. 29 U.S.C. 660(c)(2) provides, "Any employee who believes that he has been discharged or otherwise discriminated against by any person in violation of this subsection may, within thirty days after such violation occurs, file a complaint with the Secretary, alleging such discrimination." The defendant's argument is that this 30-day time limit is a jurisdictional prerequisite, as noted above. In other words, the defendant takes the position that Kidd was discharged on January 16, 1980, but failed to file a complaint with the Secretary until April 3, 1980, or more than thirty days after his discharge. According to the defendant, in view of the fact that the 30-day time limit is jurisdictional, plaintiff's action is time barred. The trial court, however, ruled that this 30-day time limit was a statute of limitations subject to tolling. We agree.

Like Kidd, I refused to participate in illegal unsafe activities, like Kidd I was not told the true basis of my termination which was for no cause at-will which later was flipped for cause “sexual harassment”. Like Kidd, I filed beyond the 30-day mark due to this misrepresentation of the employer. Kidd filed 47-days late, I filed 19-days late.

Business and Industry
October 17, 2011
Page 3


There has been only one federal court case on this issue, and that is Donovan v. Peter Zimmer America, Inc., 557 F.Supp. 642 (D.S.C.1982). The district court's ruling was that the 30-day time limit was a statute of limitations subject to equitable tolling. Both the court in Peter Zimmer and the court below analogized the question presented to the issue presented in Zipes v. Trans World Airlines, 455 U.S. 385, 102 S.Ct. 1127, 71 L.Ed.2d 234 (1982), a Title VII case. In the Zipes case the Supreme Court had the question before it whether the time limit for filing a complaint with the EEOC under Title VII of the Civil Rights Act of 1964 was a jurisdictional prerequisite or a statute of limitations. The Court in Zipes, held that the 180-day limit for an individual to file with the appropriate administrative agency was a statute of limitations subject to waiver, estoppel and equitable tolling. The Court relied on the congressional policy underlying Title VII, the reasoning of other cases and the structure of Title VII. After applying these factors to the Occupational Safety and Health Act, this court must come to the conclusion that the time limit specified in 29 U.S.C. Sec. 660(c)(2) is also a statute of limitations subject to waiver, estoppel and equitable tolling. This is not the first time that Title VII has been used as an analogy in an Occupational Safety and Health Act case. See, e.g., Donovan v. Square D Co., 709 F.2d 335 (5th Cir.1980), and Marshall v. Intermountain Electric Co., 614 F.2d 260 (10th Cir.1980).

The failure for state OSHA to conduct a thorough professional investigation should never interfere with any reporting parties case, as it has with mine. Professionals who work with youth with reporting requirements must be protected by the ACT or the ACT is rendered useless. Employers should not be able to game the system after firing employees and failing to inform them of the reasons for the termination and creating shifting reasons. The issues cited above should be taken to state or federal court where a judge’s ruling would determine the outcome.



Jake Wallace

cc: OSHA; State Attorney General; Medicaid Fraud Unit