In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision. Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Q: the harassment," Murray, 57 F.3d at 250. As the Second Circuit has recognized, "not every response to a complaint should take the form of discharge;" even a mere written warning can be an appropriate response if it conveys the message that further harassment will not be tolerated. Kotcher, 957 F.2d at 63; see also Torres, 116 F.3d at 639 ("[R]esolution will vary from case to case."). By far the best evidence that Metro-North's response was effective is that plaintiff has not been sexually harassed by Chapman or any other Metro-North employee since meeting with Ms. Gormley-O'Connor, see Wahlstrom Dep. at 30, 248, nor has Chapman been accused of accosting any other employees since returning from his suspension, see Chapman Dep. at 64, 279; Sinigiani Dep. at 49; cf. Murray, 57 F.3d at 251 (<HOLDING>). Therefore, while factual issues exist as to
Holding statements: (A) holding that eeoc charge filed by plaintiff more than 180 days after alleged incident of sexual harassment was timely where alleged sexual harassment violation continued as hostile work environment through time of plaintiffs termination (B) holding that where the plaintiffs allegations concerning a hostile work environment consist of facts that occurred more than one year before the filing of the complaint such a claim is timebarred (C) holding that allegations of failure to remedy a hostile work environment provided no basis for relief where the evidence demonstrated that the harassment had ended by the time plaintiffs complaint was filed (D) holding that the allegations of plaintiffs coemployees of sexual harassment by manager were irrelevant to plaintiffs hostile work environment claim absent evidence that plaintiff was contemporaneously aware of the alleged harassment (E) holding that a charge that alleged discrimination on the basis of sex did not support a complaint for hostile environment sexual harassment

A: holding that eeoc charge filed by plaintiff more than 180 days after alleged incident of sexual harassment was timely where alleged sexual harassment violation continued as hostile work environment through time of plaintiffs termination
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Q: rise to the level of the allegations in Harke-ma. While physical abuse obviously endangers a child, Ma Donna's account of her January 1997 fight with F.G. is not inconsistent with F.G.'s charge (except for the allegation of hair-pulling). An alleged single incident of borderline abuse or neglect has been held not to constitute sufficient endangerment to warrant a custody modification. See Smith, 508 N.W.2d at 227 (insufficient endangerment where child was injured by fallen cuckoo clock and mother allegedly examined clock before child). Under the circumstances, the court did not abuse its discretion in giving this incident little weight. This court has been inconsistent in categorizing a custodial parent's efforts to isolate the child from relatives. Compare Westphal, 457 N.W.2d at 229 (<HOLDING>) with Smith, 508 N.W.2d at 227 (stating that a
Holding statements: (A) holding that postadoption visitation of child who was adopted by grandparents on basis of biological parents unconditional consent was required to promote childs best interests (B) holding that paramount consideration in terminationofparentalrights proceeding is best interests of the child (C) holding mothers cutting off contact with grandparents to be best interests consideration but not evidence of endangerment (D) holding that best interests of the child analysis requires consideration of all section 5328a factors (E) holding unconstitutional a statute authorizing courts to recognize grandparents as having the same standing as parents for evaluating what custody arrangements are in the best interest of the child where the child actually resided with the grandparents in a stable relationship

A: holding that postadoption visitation of child who was adopted by grandparents on basis of biological parents unconditional consent was required to promote childs best interests
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Q: neither cause nor prejudice). Although a court "must apply Teague before considering the merits of the claim" when the government challenges the retroactive application of a decision, Caspari v. Bohlen, 510 U.S. 383, 389, 114 S.Ct. 948, 127 L.Ed.2d 236 (1994), a disposition based on the appellant's procedural default does not require us to decide the merits of the underlying Apprendi claim. See United States v. Lafayette, 337 F.3d 1043, 1048 n. 7 (D.C.Cir.2003). 10 . See Bousley, 523 U.S. at 623, 118 S.Ct. 1604 ("It is important to note ... that 'actual innocence' means factual innocence, not mere legal insufficiency."). 11 . See Randy Hertz & James S. Liebman, Federal Habeas Corpus Practice 0, 766, 66 S.Ct. 1239, 90 L.Ed. 1557 (1946)). 17 . See Frady, 456 U.S. at 172, 102 S.Ct. 1584 (<HOLDING>); Dale, 140 F.3d at 1054 (finding no prejudice
Holding statements: (A) holding that plaintiff bears burden of proving malice to defeat qualified privilege once defendant shows privilege applies (B) holding in a murder case that the strong uncontradicted evidence of malice in the record coupled with the defendants utter failure to come forward with a colorable claim that he acted without malice disposes of his contention that he suffered actual prejudice from an instructional error that relieved the government of the burden of proving that element (C) holding that the government bears the burden of proving voluntary consent under the totality of the circumstances (D) holding that the defendant bears the burden of proving outside contact with the jury (E) holding a school principal seeking recovery for defamation has the burden of showing actual malice

A:
holding that plaintiff bears burden of proving malice to defeat qualified privilege once defendant shows privilege applies
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