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The Association for the Advancement of Civil Liberties (AACL) continues to be shocked by several aspects of the gruesome murder Riley Whitelaw was victim of on June 11th 2022. In the judgment of the AACL, the June 11th 2022 murder of Riley Whitelaw could have been prevented if management personnel at Walgreens [1] had taken the concerns of Riley Whitelaw seriously at the time she told them that she was being sexually harassed by Joshua Taylor Johnson (in Calendar Year 2021); [2] in good-faith improved the working conditions of Riley Whitelaw by terminating the employment of Joshua Johnson.
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THE COLORADO CIVIL RIGHTS DIVISION (CCRD) REFUSED TO CONFIRM OR DENY HAVING HELD DISCUSSIONS ABOUT THE JUNE 11TH 2022 EMPLOYMENT RELATED MURDER OF RILEY WHITELAW. #NO MEANS NO. #BE WELL. TAKE CARE. KEEP YOURSELVES AT ARMS DISTANCE. #MICHAEL A. AYELE (a.k.a) W #ASSOCIATION FOR THE ADVANCEMENT OF CIVIL LIBERTIES (AACL)
Dear W: Please accept this letter as the Department of Regulatory Agencies (DORA) response to your Colorado Open Records Act request initially received in this office on June 29, 2022. We received your request for information and records have been reviewed to determine which materials may be responsive to your request. Requested: This request had many components, and most were related to CCRD. Section 24-72-201 C.R.S. provides that public records shall be open for inspection "except as provided in this part 2 or as otherwise specifically provided by law." § 24-72-201, C.R.S. Many of your questions fall under a specific exception provided under law in § 24-34-306(3), C.R.S. Section 24-34-306(3) provides in relevant part: The members of the commission and its staff shall not disclose the filing of a charge, the information gathered during the investigation, or the efforts to eliminate such discriminatory or unfair practice by conference, conciliation, or persuasion unless such disclosure is made in connection with the conduct of the investigation, in connection with the filing of a petition seeking appropriate injunctive relief against the respondent under section 24-34-507, or at a public hearing or unless the complainant and respondent agree to such disclosure. Based on this exception under law, much of the information you requested is not subject to CORA. The questions within your request that DORA can respond to: ● The email(s) sent by your Human Resources (H.R) Department encouraging the employees of your city/county/state government to attend the EEOC’s July 14th 2022 workshop on the subject of “Proactively Combating Workplace Harassment;” The name(s), the academic background(s), the professional responsibility(ies) and the annual salary(ies) of employees in your city/county/state government who plan to attend the EEOC July 14th 2022 workshop on the subject of “Proactively Combating Workplace Harassment;” The academic backgrounds, the professional responsibilities and the annual salaries of Heidi-Jane Olguin, Jennifer Guthrie, Anna Y. Park, Apalla U. Chopra, Craig Ackermann, Christine Park-Gonzalez, Rogelio Colon, Matthias Wagener, Nicole St. Germain, Robin Campbell, Traci Green and Jennifer McPherson; [16] the PowerPoint slides and other documents, which will be used by the EEOC for the purpose of their July 14th 2022 workshop on the subject of “Proactively Combating Workplace Harassment;” ● ●
Response: ● The Human Resources department did not send an email encouraging staff to attend the mentioned training, so that email is not able to be shared as it does not exist. Any of our employees could potentially attend this EEOC training, as it is open for registration. We would recommend checking with EEOC for a list of attendees. The academic backgrounds, professional responsibilities and annual salaries of Traci Green and Jennifer McPherson are the only ones we have information for, as they are the only DORA employees in that part of the request. Please see the attached files for responsive documents related to those two employees. The other employees referenced are not DORA employees, so we would not have information available about them. While DORA CCRD works in partnership with the EEOC, the training you reference is an EEOC training, so any documents related to that training would be EEOC materials. ● ● Please let me know if you have any questions or concerns about the response. Thank you, Katie O’Donnell Director of Communications and Public Engagement
Employee Name Traci Green Jennifer McPherson Department Division Monthly Salary Department of Regulatory Agencies Department of Regulatory Agencies Colorado Civil Rights Colorado Civil Rights $8,755 $9,548
REQUEST FOR RECORDS 12/05/2022 W (AACL) Michael A. Ayele P.O.Box 20438 Addis Ababa, Ethiopia E-mail: waacl13@gmail.com ; waacl1313@gmail.com ; waacl42913@gmail.com Request for Records Hello, This is Michael A. Ayele sending this message though I now go by W. You may call me W. I am writing this letter to file a request for records with your offices.i The basis for this request for records is the recently publicized June 11th 2022 murder of Walgreens employee Riley Whitelaw at Walgreens.ii I) Records Requested What I am requesting for prompt disclosure are records in your possession detailing [1] the formal and informal ties that exist between your office, the Colorado Springs Police Department, the Colorado State Patrol, the Colorado Civil Rights Division (CCRD), the Equal Employment Opportunity Commission (EEOC) and Walgreens; [2] your discussions about Riley Whitelaw as a Caucasian woman, who was born on January 20th 2005; [3] your discussions about Riley Whitelaw as a woman, who was employed for Walgreens at the time of her murder on June 11th 2022; [4] your discussions about Riley Whitelaw as a woman, who had previously filed a sexual harassment complaint with Walgreens against Joshua Taylor Johnson;iii [5] your discussions about whether Riley Whitelaw was informed by Walgreens of her rights to file a charge of discrimination pursuant to Title VII of the 1964 and 1991 Civil Rights Act with the EEOC and the CCRD; [6] your discussions about whether Riley Whitelaw filed a sexual harassment complaint against Walgreens with the EEOC and the CCRD pursuant to Title VII of the 1964 and 1991 Civil Rights Act; [7] your discussions about whether Walgreens has in good-faith reached out to the EEOC and the CCRD to inform them that their former-employee Riley Whitelaw was murdered; [8] your discussions about whether Walgreens has in good-faith reached out to the EEOC and the CCRD to inform them that their former-employee Riley Whitelaw had filed a sexual harassment complaint against the man, who’s now charged with her murder; [9] your discussions about whether Walgreens has in good-faith reached out to the EEOC to inform them that the man who’s now charged with the murder of Riley Whitelaw was also an employee of Walgreens; [10] your discussions about whether Walgreens has in good faith reached out to the EEOC and the CCRD to inquire about their obligations pursuant to Title VII of the 1964 and 1991 Civil Rights Act; [11] the obligations of your city/county/state government to reach out to the EEOC in the event an employee (who has previously filed a sexual harassment complaint) is murdered (by the person accused of sexual harassment); [12] your discussions about the statement of probable cause (submitted to the judicial branch of the U.S government), which demanded the issuance of an arrest warrant for Joshua Taylor Johnson; [13] the email(s) sent by your Human Resources (H.R) Department encouraging the employees of your city/county/state government to attend the EEOC’s July 14th 2022 workshop on the Updated.: December 05th 2022 W (AACL) – MICHAEL A. AYELE 1
REQUEST FOR RECORDS 12/05/2022 subject of “Proactively Combating Workplace Harassment;”iv [14] the name(s), the academic background(s), the professional responsibility(ies) and the annual salary(ies) of employees in your city/county/state government who plan to attend the EEOC July 14th 2022 workshop on the subject of “Proactively Combating Workplace Harassment;” [15] the academic backgrounds, the professional responsibilities and the annual salaries of Heidi-Jane Olguin, Jennifer Guthrie, Anna Y. Park, Apalla U. Chopra, Craig Ackermann, Christine Park-Gonzalez, Rogelio Colon, Matthias Wagener, Nicole St. Germain, Robin Campbell, Traci Green and Jennifer McPherson; [16] the PowerPoint slides and other documents, which will be used by the EEOC for the purpose of their July 14th2022 workshop on the subject of “Proactively Combating Workplace Harassment;” [17] the discussions between your city/county/state government and the EEOC on the subject of “proactively combating workplace harassment.” II) Request for a Fee Waiver and Expedited Processing The requested records do/will demonstrate that [1] Riley Whitelaw was a Caucasian woman born on January 20th 2005; [2] Riley Whitelaw was 17 (seventeen) years old at the time of her death on June 11th 2022; [3] Riley Whitelaw was a woman employed for Walgreens at the time of her death on June 11th 2022; [4] Riley Whitelaw was a woman who had in 2021 filed a sexual harassment complaint against Joshua Taylor Johnson when she was employed for Walgreens; [5] Joshua Taylor Johnson is a 28 (twenty eight) years old Caucasian man charged with the 1st (First) Degree Murder of Riley Whitelaw; [6] Joshua Taylor Johnson was an employee of Walgreens at the time of Riley Whitelaw’s murder on June 11th 2022; [7] Michael A. Ayele (a.k.a) W is a Black man who has previously corresponded with the Colorado Civil Rights Division (CCRD) on the subject of Creating a Respectful and Open World for Natural Hair (CROWN Act); [8] the CCRD has on May 02nd 2022 informed Michael A. Ayele (a.k.a) W that the Colorado Anti- Discrimination Act was amended by Colorado House Bill 20-1048 (a.k.a) as the CROWN Act; [9] the CCRD has on May 02nd 2022 informed Michael A. Ayele (a.k.a) W that their definition of “race” was amended to include “hair texture, hair type, or a protective hairstyle that is commonly or historically associated with race;” [10] the CCRD has on May 02nd 2022 informed Michael A. Ayele (a.k.a) W that they were not responsible for the drafting of the CROWN Act legislation; [11] the CCRD has on May 02nd 2022 suggested for Michael A. Ayele (a.k.a) W to contact the Colorado General Assembly; v [12] the CCRD has on May 06th 2022 disclosed the work-sharing agreement they have concluded with the Equal Employment Opportunity Commission (EEOC) to Michael A. Ayele (a.k.a) W. vi In my judgment, the facts presented in my request for a fee waiver and expedited processing are not the sort to bolster public confidence in the activities of the U.S government (and particularly in the engagements of the EEOC, the CCRD and the Colorado Springs Police Department). I will cite two examples to illustrate my point. 1) Despite the disclosure of the probable cause statement, (which has demanded the court to issue an arrest warrant for Joshua Taylor Johnson), the Colorado Springs Police Department were very much unclear on whether they have initiated contact with the CCRD and the EEOC as a direct consequence of Riley Whitelaw’s murder, which is very much linked to her previous employment at Walgreens. 2) Additionally, the Colorado Springs Police Department were very much unclear on whether they have advised Walgreens to inquire about their obligations pursuant to Title VII of the 1964 and 1991 Civil Rights Act (by reaching out to the CCRD and the EEOC for the purpose of preventing future W (AACL) – MICHAEL A. AYELE 2
REQUEST FOR RECORDS 12/05/2022 possible murders such as the one committed on Riley Whitelaw). As a Black man with a U.S college degree (who has previously lived and worked in the U.S.A), I would like to take this opportunity to denounce violence committed against women irrespective of their racial backgrounds, their sexual orientations, their national origins, their religious affiliations and/or their disability status. In my opinion, workplace harassment is wrong and should be remedied without delay. The core issues presented in this records request are as follows. 1) Have you had conversations about the murder of Riley Whitelaw? If yes, will you promptly disclose those records? 2) Are your police/sheriff departments under any obligations to contact the EEOC upon finding out that a murder under investigation is very much employment related? If yes, will you disclose records documenting the obligation of your police/sheriff department to contact the EEOC upon finding out that a murder under investigation is very much employment related? 3) Have you had conversations about the real possibility that workplace harassment could lead to a murder (taking into consideration what occurred to Riley Whitelaw)? If yes, will you promptly disclose the conversations you have had and the solutions you have proposed to combat a hostile work-environment? 4) Were you in receipt of an e-mail (possibly from your Human Resources Department) encouraging you to attend the EEOC July 14th 2022 workshop on the subject of “Proactively Combating Workplace Harassment?” If yes, will you disclose those records? Will you also disclose the conversations you have had with the EEOC about “proactively combating workplace harassment?” This records request should be expedited because it puts into question the government’s integrity about the manner in which women and racial minorities are treated in the U.S.A and elsewhere in the world. My request for a fee waiver should be granted because [1] I have identified operations and activities of the federal government in concert with U.S city/county/state government as well as non-profit and for-profit organizations; [2] the issues presented are meaningfully informative about government operations or activities in order to be ‘likely to contribute’ to and increase public understanding of those operations or activities. Under penalty of perjury, I hereby declare all the statements I have made to be true and accurate. Be well. Take care. Keep yourselves at arms distance. W (AACL) Michael A. Ayele Anti-Racist Human Rights Activist Audio-Visual Media Analyst Anti-Propaganda Journalist W (AACL) – MICHAEL A. AYELE 3
REQUEST FOR RECORDS 12/05/2022 Work Cited iPlease be advised that I have previously disseminated a vast number of documents obtained through records request via Archive.org, Scribd.com, Medium.com and YouTube.com. These documents have been made available to the public at no financial expense to them. As a member of the media, I would like to take this opportunity to inform you that the records you disclose to me could be made available to the general public through the means I have mentioned above or other ones. On December 10th 2021, I have launched a website on Wordpress.com for the purpose of making the records previously disclosed to me by the U.S government further accessible to members of the general public interested in the activities of their elected and non- elected representatives. You can find out more about the recent publications of the Association for the Advancement of Civil Liberties (AACL) here.: https://michaelayeleaacl.wordpress.com/ iiThe People of the State of Colorado v Joshua Taylor Johnson. Court Case No.: 22CR3054.: https://heavy.com/wp-content/uploads/2022/06/Joshua-Johnson-arrest-affidavit.pdf iiiA teenager killed at a Colorado Springs Walgreens allegedly expressed concerns for a year about the man accused in her death. According to arrest papers obtained by 11 News Tuesday, then-16-year-old Riley Whitelaw told store managers in 2021 that coworker Joshua Johnson was making advances towards her and she was uncomfortable. A year after she first made the complaint, Riley was dead and 28-year-old Johnson was in custody on first-degree murder charges. (…) During a mirandized interview, Johnson allegedly admitted to being in the break room and claimed he fell in the blood and went home to change his clothes. The affidavit states that Johnson denied stacking boxes in front of the camera “even when confronted that there was surveillance video showing him doing it.” He also allegedly acknowledged having a crush on Riley at one point but claimed it was over. However, in their own interviews with police, one of the managers reportedly said Riley had asked for a different schedule as recently as several weeks ago to avoid working with Johnson, and another manager told officers Johnson showed signs of jealousy when Riley’s boyfriend started working at the store in the spring. This remains an active investigation, and anyone with information on the case is urged to call the Colorado Springs Police Department at 719-444-7000 or Crime Stoppers at 719-634-STOP. Crime Stoppers tips can be made anonymously. The Walgreens remains closed Tuesday. Arrest papers: Teen found dead at Colorado Springs Walgreens allegedly had concerns about suspect since last year. KKTV.: https://www.kktv.com/2022/06/12/large-police-presence-colorado- springs-walgreens-saturday-night/ A Walgreens employee from Colorado was arrested and charged with the murder of his 17-year- old coworker, who had previously rejected his advances and had complained about making her feel uncomfortable. Joshua Johnson, 28, was detained June 12 by state troopers about 100 miles W (AACL) – MICHAEL A. AYELE 4
REQUEST FOR RECORDS 12/05/2022 outside Colorado Springs on June 12, a day after Riley Whitelaw’s body was discovered in the break room of the Walgreens where they both worked. Johnson has been charged with one count of first-degree murder, police said. On June 11, a Walgreens manager in Colorado Springs found Whitelaw's body in the break room after the high school student never returned from her break, according to the arrest affidavit obtained by KKTV. (…) Justin Zunino, the manager, told police that Johnson had been warned a year ago to keep his conduct professional after Whitelaw complained that he had made advances toward her that made her feel uncomfortable. Zunino said Johnson appeared to be receptive to the warning, according to the affidavit. However, several weeks ago, Whitelaw had asked for a change in her work shifts to avoid Johnson. Zunino told investigators that the teenager later requested additional hours and was made aware that the overtime would mean she and Johnson would cross paths. Johnson’s interest in Whitelaw didn’t seem to be deterred when her boyfriend joined the staff at Walgreens three months ago. Crystal Ishmael, another manager at the store, told police that Johnson began “acting jealous" instead. On the day of Whitelaw's death, a customer at the Walgreens store heard a woman screaming and the sound of stalls slamming, she later told authorities. Zunino, the manager, told officers that he had seen Johnson on the store’s surveillance video stacking bins in front of the camera to block its view. Ishmael told police that during the search for Whitelaw, she had checked outside by a dumpster area where she smelled a “strong odor of bleach” and attempted to gain entry, but walked away after hearing a male voice say he was changing. Johnson later told police that he was the person Ishmael had talked to by the dumpster and that he was trying to leave. He also admitted to being in the break room and told authorities that he fell in the blood, according to the affidavit. Johnson was found by Colorado State Patrol troopers walking along the interstate. He had scratches on his hands and face and claimed that he had been attacked at Walgreens. He was arrested soon after the troopers learned that he was a suspect in the incident, KKTV reported. Johnson admitted to police that he previously had a “crush” on Whitelaw but claimed that was no longer the case because he was now involved with Ishmael. Police noted that Ishmael did not mention being in a relationship with Johnson during her interview. Despite video evidence, Johnson denied attempting to obstruct surveillance cameras. Whitelaw, a straight-A student at Air Academy High School, was an art enthusiast with a passion for genetics research, according to her friends and family. She was someone filled with "empathy, patience and compassion" who “allowed others to be seen, heard or recognized,” her obituary said. She was “wise beyond her years” and would be equally at ease in a room full of adults having conversations or kicking back with her friends to make goofy videos. “If you were having a bad day, she had the innate ability to lift you up. She was dedicated, persistent, and passionate about everything she endeavored to try,” the obituary said. The teenager's funeral will be held next week as the investigation into her murder is ongoing. In a statement to BuzzFeed News, Fraser Engerman, a senior director for Walgreens, said that the company was "saddened" by the incident. "The safety of our customers and team members is top priority, and we are working with local authorities in their investigation," Engerman said. "We are making counseling and other resources available to our store team members at this location," he added. A Walgreens Employee Was Accused Of Killing a Teenage Coworker Who Had Rejected His W (AACL) – MICHAEL A. AYELE 5
REQUEST FOR RECORDS 12/05/2022 Advances. BuzzFeed on Yahoo.: https://www.yahoo.com/news/walgreens-employee-accused- killing-teenage-194707985.html ivProactively Combating Workplace Harassment: An EEOC Workshop. The Equal Employment Opportunity Commission (EEOC).: https://www.eeoc.gov/sites/default/files/2022- 05/Los%20Angeles%20-%20Agenda%2007-14-22%20%28kg%29%20%2805-28- 22%29%20revised.pdf?utm_content=&utm_medium=email&utm_name=&utm_source=govdeli very&utm_term= v E-mail Sent by the Colorado Civil Rights Division (CCRD) to Michael A. Ayele (a.k.a) W on May 02nd 2022 Dear W. Thank you for your message, which was forwarded to me for response. The Colorado Anti-Discrimination Act was amended by Colorado House Bill 20-1048 also known as the "CROWN Act of 2020." The definition of "race" was amended to include "hair texture, hair type, or a protective hairstyle that is commonly or historically associated with race." However, The Colorado Civil Rights Division does not have records responsive to your request. The Colorado Civil Rights Division did not draft or assist in the drafting of the legislation. You may wish to contact the Colorado General Assembly for more information about the legislative declaration. Here is a link to the website for the Colorado General Assembly: https://leg.colorado.gov/. You can contact them at comments.ga@state.co.us Sincerely, Jennifer McPherson Deputy Director P: 303-894-7818 1560 Broadway, Suite 825, Denver, CO 80202 jennifer.mcpherson@state.co.us https://www.colorado.gov/pacific/dora/civil-rights Pronouns: she/her/hers W (AACL) – MICHAEL A. AYELE 6
REQUEST FOR RECORDS 12/05/2022 CONFIDENTIALITY NOTICE: This message is intended only for the use of the individual to whom it is addressed, and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not an intended recipient you are not authorized to disseminate, distribute, or copy this email. Please notify the sender immediately if you have received this email by mistake and delete this email and any attachments from your system. vi E-mail Sent by Michael A. Ayele (a.k.a) W to the CCRD on May 03rd 2022 Hello, Thank you for your email. I am in receipt of it. I am writing this letter in response to your correspondence from May 02nd 2022 to express concerns with your message for failing to address several items of my records request including but not limited to [1] the obligations of the Colorado Civil Rights Division (CCRD) pursuant to the CROWN Act; [2] the commitments made by the CCRD not to discriminate against prospective/current Black/African American employees irrespective of their hairstyles, which could include afros, braids, twists, and/or locks; [3] the number of Black/African American employees working in the CCRD who have afros, braids, twists, and/or locks; [4] the number of complaints submitted to the CCRD alleging discrimination (in schools or at work) on the basis of natural and/or protective hairstyles, which could include afros, braids, twists, and/or locks; [5] the policy of the CCRD on assigning complaints of discrimination (in schools or at work) pursuant to the CROWN Act; [6] whether the employees who are handling a complaint filed pursuant to the CROWN Act have afros, braids, twists and/or locks; [7] the formal and/or informal ties, which exist between the EEOC and the CCRD; [8] any work-sharing agreement concluded between the EEOC and the CCRD. As a representative of the media and a member of the general public, I ask that you perform a more thorough search for responsive records detailing [1] the formal/informal ties, which exist between the EEOC and the CCRD; [2] the work-sharing agreements concluded between the EEOC and the CCRD; [3] the commitments made by the CCRD not to discriminate against prospective/current Black/African American employees irrespective of their hairstyles, which could include afros, braids, twists, and/or locks; [4] the number of Black/African American employees working in the CCRD who have afros, braids, twists, and/or locks; [5] the total number of Black/African American employees working in the CCRD; [6] the total number of employees working in the CCRD on the bases of gender and racial background; [7] the number of complaints submitted to the CCRD alleging discrimination (in schools or at work) on the basis of natural and/or protective hairstyles, which could include afros, braids, twists, and/or locks; [8] the policy of the CCRD on assigning complaints of discrimination submitted to your agency pursuant to the CROWN Act; [9] whether the employees who are handling a complaint filed pursuant to the CROWN Act have afros, braids, twists and/or locks; [10] the training provided by the CCRD to their employees on the CROWN Act; [11] whether employees of the CCRD are W (AACL) – MICHAEL A. AYELE 7
REQUEST FOR RECORDS 12/05/2022 required to watch Chris Rock 2009 documentary entitled “Good Hair” as part of their training pursuant to the CROWN Act; [12] whether employees of the CCRD are required to watch Kelly Rowland 2019 music video entitled “Crown” as part of their training pursuant to the CROWN Act; [13] whether the CCRD has previously engaged the Black/African American community in conversations about their hairstyles; [14] the conversations engaged in by the CCRD with the Black/African American on the subject of their hairstyles. I sincerely hope you reconsider your response. Be well. Take care. W (AACL) Michael A. Ayele Anti-Racist Human Rights Activist Audio-Visual Media Analyst Anti-Propaganda Journalist Response of the CCRD to Michael A. Ayele (a.k.a) W E-mail of May 03rd 2022 Dear W, In regards to your request for information related to the CROWN Act, allegations of discrimination based on race include complaints of CROWN act violations. CROWN act violations are not tracked separately from other race complaints, therefore, the Colorado Civil Rights Division does not have records responsive to your request for information related to CROWN act complaints. Attached is the Division's workshare agreement with the EEOC. The Divison does not maintain records of the gender or race of Division employees. Also attached is a copy of House Bill 20-1048 that shows the sections of the Colorado Revised Statutes that were amended with the CROWN act, including the Colorado Anti-Discrimination Act (CADA) which the Division enforces. CADA can be found in parts three (3) through eight (8) of Colorado Revised Statutes (C.R.S.) Title 24, Article 34 starting at section 300. If you would l like to access the Colorado Revised Statutes, please see the link below: https://advance.lexis.com/container?config=0345494EJAA5ZjE0MDIyYy1kNzZkLTRkNzk tYTkxMS04YmJhNjBlNWUwYzYKAFBvZENhdGFsb2e4CaPI4cak6laXLCWyLBO9&crid=7738 c127-3088-45b8-8e88-23bba62842de&prid=5c061949-06cb-47bc-9e7c-e63c275b72c6 Sincerely, Jennifer McPherson Deputy Director W (AACL) – MICHAEL A. AYELE 8
REQUEST FOR RECORDS 12/05/2022 P: 303-894-7818 1560 Broadway, Suite 825, Denver, CO 80202 jennifer.mcpherson@state.co.us https://www.colorado.gov/pacific/dora/civil-rights Pronouns: she/her/hers W (AACL) – MICHAEL A. AYELE 9