The Boston Globe from Boston, Massachusetts • B1

Business PAGES B9-12 For breaking news, go to www.bostonglobe.combusiness Developers propose affordable housing in tower on the edge of Chinatown Tufts CEO to take new role focused on patient care State workers face fewer health insurance choices Kaspersky says federal ban is crippling its sales in US Metro THE BOSTON GLOBE FRIDAY, JANUARY 19, 2018 BOSTONGLOBE.COMMETRO Kevin Cullen 'The system we have right now doesn't work and is TEREZA LEE whose plight formed the basis for an early attempt to pass the Dream Act for children of undocumented immigrants Colliding decisions JC gives victims a say during sentencing Judges ordered to consider their views By John R. Ellement In this, the MeToo era, people who can't keep their wandering hands or inappropriate remarks to themselves i i themselves out of a job. GLOBE STAFF JESSICA RINALDIGLOBE STAFF Tereza Lee came to the United States from Brazil as a toddler. Her parents initially fled to the South American nation after the Korean War. Dreamer no more, she seeks concrete solution Immigrant's plight propelled push for undocumented children Crime victims have the right to influence the punishment of those convicted of harming them, the state's highest court ruled Thursday, ordering judges to consider victims' statements during sentencing.

"A victim's recommendation, whether it be for a lenient sentence in the hope of redemption or for a maximum sentence commensurate with harm, is a relevant consideration in determining the appropriate sentence to impose," Justice David Lowy wrote for the Supreme Judicial Court in a unanimous opinion. Since 1995, crime victims have had the opportunity under state law to appear in court to share personal accounts and to recommend a sentence, but judges were not obligated to bear the suggestion in mind when devising the sentence. The SJC said that its ruling did not violate federal and state constitutional bans on excessive or cruel punishment or the due process rights of defendants. "We all stand equal before the bar of justice, and it is neither cruel nor unusual or irrational, nor is it violative of a defendant's due process guarantees, for a judge to listen with intensity to the perspective of a crime victim," Lowy wrote. Suffolk County's district attorney, Daniel F.

Conley, whose office argued in favor of victims' rights, said the SJC issued a strong statement on their behalf. "The most fundamental right we have as Americans is the right to speak and be heard," Conley said. "The justices affirmed that right in no uncertain terms." He said that the SJC was directing Massachusetts trial court judges to "consider very carefully what the victims have to say about how this crime impacted them." All 50 states allow victims to speak at sentencing in some fashion, Conley said. Max Bauer, the appellate lawyer for Shawn A. McGonagle, whose case VICTIMS, Page B3 is unjust." A 34-year-old mother of two, Lee is now a US citizen.

But 16 years after Senator Richard Durbin of Illinois used her case to lobby unsuccessfully for the original Dreamer bill, she is outraged that others like her remain subject to deportation, despite national polls showing overwhelming support to provide them a path to citizenship. "The public is demanding it," she said. In 2012, President Obama granted temporary protections that allowed young undocumented immigrants to obtain work permits and apply periodically for permission to remain in the country. In September, the Trump administration announced it was rescinding the program. Just like that, hundreds of thousands of immigrants who had grown up in the United States, gotten jobs, attended college, and assimilated into American society faced the prospect of being deported.

Last week, a federal judge in San Francisco ordered the administration to renew the program while a lawsuit against it moves forward. Howev- DREAMER, Page B3 By Brian MacQuarrie GLOBE STAFF Tereza Lee, overcome by emotion, held back tears as she recounted a childhood traumatized by the constant fear of deportation. She had been brought to the United States in 1985 by her parents, who were undocumented. Decades later, memories of that pain remain. "I grew up with this nightmare every single day," Lee said.

With Congress locked in debate over whether to extend the Deferred Action for Childhood Arrivals program, Lee recently renewed her calls to protect from deportation some 700,000 undocumented immigrants who were brought to the United States as children. The immigrants are known as Dreamers, and Lee is considered among the very first. "We are your neighbors and your friends and your co-workers," Lee said last week at the International Institute of New England, an immigrant and refugee resettlement agency based in Boston. "The system we have right now doesn't work and but. nor you re a Boston cop with access to the gift L.

that keeps on giving: binding arbitration. Consider the case of Officer Helen Bucele-wicz, who was at one time even according to her own lawyer the quintessential touchy-feely cop. Bucelewicz joined the force in 20 1 1 and in 2014 was assigned to District 18 in Hyde Park, where she began engaging in behavior that might be understandable for your octogenarian great-uncle, but not a police officer. The station's secretary was especially disturbed by Bucelewicz's behavior, complaining that her habit of calling everyone honey or sweetie or cutie and blowing kisses at them was unprofessional. Worse, she claimed, Bucelewicz was always touching people, on the arm, the shoulder, the leg, while talking to them.

Bucelewicz "sometimes lightly slapped people on the buttock to convey a sentiment like 'atta boy' or as she described it, a 'Tom Brady, good job' gesture," according to the department's disciplinary findings. One veteran officer told investigators that she didn't find Bucelewicz's behavior "sexually offensive" but considered it "disrespectful to her hard-earned status as a police officer." Bucelewicz apologized to that officer and, except for one slip, stopped calling her those names. But the station secretary leveled far more serious allegations, saying she believed Bucelewicz "had a sexual interest in her and was 'targeting' her." She claimed Bucelewicz touched her buttocks on three occasions, and that Bucelewicz sexually assaulted her by grabbing her groin area. In 2015, after a hearing officer sustained 1 1 of 1 5 charges of violating departmental rules, including conduct unbecoming an officer, creating a hostile work environment, and indecent assault and battery, Police Commissioner Bill Evans fired Bucelewicz for engaging in what he called "a pattern of inappropriate conduct in the workplace." Bucelewicz and her union, the Boston Police Patrolmen's Association, appealed to an arbitrator, Michael Ryan, who acknowledged that Bucelewicz harassed two co-workers and engaged in inappropriate conduct, but ordered her reinstated, saying a reprimand would suffice. Needless to say, the police commissioner was none too pleased.

Last March, the department appealed Ryan's ruling in Suffolk Superior Court, where Judge Douglas Wilkins backed the arbitrator. "The court's authority is very narrow," Wilkins wrote, rejecting the department's claim that Bucelewicz engaged in 'Telonious conduct." He said "unwanted touching is not enough to establish" a finding of indecent assault. Wilkins also agreed with Ryan that the department failed to show that Bucelewicz created a hostile work environment. Bucelewicz's lawyer, Alan Shapiro, told me that nothing Bucelewicz did was malicious, that she didn't think what she was doing was wrong, and that none of her supervisors had told her to knock it off. While acknowledging that Bucelewicz now realizes she acted inappropriately and learned her lesson, Shapiro insists Evans overreacted.

"Helen was a touchy-feely person," Shapiro said. "She learned that the way you act in your personal life is not how you behave in your professional life." Like others charged with maintaining respectful workplaces in a new era when employees increasingly and rightfully demand it, Billy Evans is frustrated by the unrealistic gap between what his responsibility requires and what the law lets him do. He says the legal process often obscures basic truths. When it comes to workplace wrongdoing, Evans subscribes to the Justice Potter Stewart standard: He knows it when he sees it, and what he saw in Bucelewicz's case left him believing she should not be a police officer. "It's never an easy decision to terminate an employee," Evans told me.

"It's only done after an exhaustive internal investigation and the conduct of the employee warrants it. It's frustrating when that decision gets overturned by an arbitrator who may not consider all the facts that I take into account." Evans is considering whether to have his lawyers launch one final appeal, to the Supreme Judicial Court. Bucelewicz remains off the job and in limbo. But whatever she's paying in union dues, it's a bargain. Kevin Cullen is a Globe columnist.

He can be reached at cullenglobe.com UNH won't renew contracts for 18 lecturers Union chief calls move 'shocking' By Deirdre Fernandes GLOBE STAFF The University of New Hampshire has notified 18 lecturers in its liberal arts college that their contracts will not be renewed, in what union officials are calling an unprecedented cost-cutting move. Citing "a substantial deficit," Heidi Bostic, the dean of the uni rine Moran, the president of the lecturers union at UNH. "It seems like a radical and dramatic cut." Nearly half of the teachers whose contracts are ending taught English as a Second Language, helping boost the speaking and writing skills of international students. UNH and many other colleges across the country have recruited full-tuition paying, foreign students over the years to help support their budgets. But that stream of international students may be drying up.

A survey last year of 500 US colleges and universities found that the number of newly enrolled international students had declined by 7 percent on average. Fewer students from abroad are choosing US colleges as countries such as Saudi Arabia and Brazil cut back on scholarship programs for their residents to study abroad. Anti-immigrant rhetoric in the United States has also spooked young peo-UNH, Page B3 versity's College of Liberal Arts, notified the teachers in letters this week that their contracts would end in May and they would not be teaching in the fall. "With future programmatic needs foremost in mind, we have been forced to make some painful reductions and strategic realignments in teaching faculty," she wrote. The move caught many lecturers, who are still on winter break, by surprise.

"This is shocking," said Cathe INSIDE Unidentified, unexplained Former Navy officer describes strange flier M. SCOTT BRAUER Lone Star gang Prosecutors described a series of robberies that they blamed on a group of Tex-ans who came to the Garden to watch the Celtics. B3. Admiral dies Stansfield Turner is credited with reorganizing the ranks of the Central Intelligence Agency and ushering it into a new technological age. B8.

Capital Source Atyia Martin, charged with leading Boston's dialogues on race and racial concerns, has left her job. B4. when he sighted an unidentified flying object and tried to intercept it. "I want to see how close I can get to it," Fravor, 53, said, describing his thinking as he began the pursuit. Then the object, which he said looked like a 40-foot-long Tic Tac candy, "goes whoosh, and it's gone." It accelerated rapidly and disappeared like no aircraft he had ever seen.

Fravor has been in the news recently after The New York Times broke the story that the Pentagon had a secret program that investigat-PILOT, Page B4 By Martin Finucane GLOBE STAFF David Fravor is a recognizable type. Affable, neatly dressed, with a men's regular haircut and semi-rimless glasses, he's a retired military man who works as a consultant in the Boston area. He could be standing in front of you in a Starbucks line and you wouldn't notice him at all. But the story he has to tell is out of this world. Thirteen years ago, the Windham, N.H., resident was a veteran US Navy pilot at the controls of an A-18-F fighter jet flying off San Diego 'It was impressive.

It was fast. It was maneuverable, and I'd really like to fly DAVID FRAVOR, on what he told an officer after encountering a UFO.