Title IX Legislation Analysis

Title IX Legislation Analysis Title IX for South Suburban Bulldogs Athletic Department Introduction I. Brief History of Title IX A. Title IX Defined B. The Test C. Equal Pay Act II. Understanding Title IX Athletics Compliance Introduction A. Title IX Coordinator III. The Participation A. Athletics Team for Purposes of Title IX B. Athletics Participant for Title IX Purposes C. The Test IV. Athletic Benefits Opportunities A. The Laundry List Resources to Educate Athletic Staff to Advance Compliance with Title IX A. List of Resources Introduction Our goal is to commit to institutional control by establishing an organization that is operating in full compliance. Title IX law was passed on June 23, 1972 it was intended to end gender discrimination in education. Title IX offers women an equal athletic opportunity to participate in the sports and this law also applies to all educational programs that receive federal funding, and to all aspects of a schools educational system (Weight Zullo 2015, pg.84). An athletic director must make sure that the athletic department as a whole maintains compliance integrity with Title IX or the school may lose its federal funding as well as be brought up on legal allegations. I. Brief History of Title IX A. Title IX Defined No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance (Weight Zullo 2015, pg.84). B. The Test An athletic program can be considered gender equitable when the participants in both the men and women sports programs would accept as fair and equitable the overall program of the other gender. No individual should be discriminated against on the basis of gender, institutionally or nationally, in intercollegiate athletics(Weight Zullo 2015, pg.84). C. Equal Pay Act No covered employer shall discriminate between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires equal skill, effort and responsibility, and which are performed under similar working conditions (www.ncaa.org). II. Understanding Title IX Athletics Compliance Introduction The conduct by a university that violates Title IX is sexual harassment, the failure to provide equal opportunity in athletics, and discrimination based on pregnancy. Title IX is enforced by the U.S. Department of Educations Office for Civil Rights along with several compliance enforcement offices throughout the United States. An Athletic Director must have full understanding of Title IX and the educational institutions role in implementing the law which will make the assessment phase meaningful. According to NCAA Title IX policy any educational intuition that receives federal funding must designate at least one employee to coordinate its efforts to comply and carry out the responsibilities under Title IX law and if an educational intuition does not appoint a Title IX coordinator they are failing to comply with Title IX and may face consequences of noncompliance which can include the possibility of losing federal funding for educational programs. (www.ncaa.org). The athletic director can maintain full control of the department when working with Title IX coordinator to stay updated on guidelines or new rule changes to the policy (www.ncaa.org). A. Title IX Coordinator Title IX Coordinator has a responsibility to fully understand Title IX, oversee compliance, development, and implementation of grievance procedures, and the intake, investigation, and resolutions of complaints of noncompliance. The information of Title IX Coordinator must be available to students and employees and this contact information is required on all recruiting materials published by the covered university (www.ncaa.org). III. Participation A. Athletics Team for Purposes of Title IX When assessing compliance in the area of athletics participation, it is first necessary to determine what teams count. The sport test is designed to determine whether programs or activities outside those sponsored by the NCAA such as mens rowing also qualify for inclusion when determining equity. B. Athletics Participant for Title IX Purposes A school must determine what the number of male and female athletics participants. The Policy Interpretation and 1996 Clarification defines a participant as one who receives the institutionally sponsored support normally provided to athletes competing at the institution involved. C. The Test 3Prong Test (1) provide participation proportionate to enrollment(2) show history and continuing practice of program expansion for underrepresented sex; or 3) fully accommodate underrepresented sex. Two-Part Test: 1) provide equivalent levels of competition (2) show upgrade of competitive levels (Mabry 2013, pg.503). IV. Athletic Benefits Opportunities A. The Laundry List Title IX regulations require that institutions provide equal athletics opportunities for members of both sexes. In order to determine whether or not a school provides equivalent athletics benefits and opportunities the Office for Civil Rights (OCR) will review the following laundry list of treatment issues (Weight Zullo 2015, pg.89). Provision and maintenance of equipment and supplies Scheduling of games and practice times Travel and per diem expenses Opportunity to receive tutoring and assignment and compensation of tutors Opportunity to receive coaching, and assignment and compensation of coaches Provision of locker rooms, practice and competitive facilities Provision of medical and training services and facilities Provision of housing and dining services and facilities Publicity Support services Recruiting Resources to Educate Athletic Staff to Advance Compliance with Title IX As an athletic director the first responsibility is to create a fully complied Title IX sports department. Our athletes as well as staff will be advised on all Title IX policies, procedures rules and regulations. Staff heads will keep updated checklist on all things that pertain to Title IX procedures, attend trainings workshops and weekly newsletters to stay current with all changes of Title IX. Each department head will get a copy of the resources listed below so that there is ongoing awareness about all subjects as it pertains to Title IX. The Title IX Coordinator in conjunction with Athletic Director will continue to measure each department on the merits of the 3 prong test. A. List of Resources 1979 Title IX Intercollegiate Athletics A policy interpretation by the Department of Educations Office of Civil Rights (OCR) on Title IX and intercollegiate athletics (feminist.org). 2010 Intercollegiate Athletics Policy Clarification The Three Part Test part three (PDF) A clarification letter from the OCR withdrawing the 2005 additional clarification on the three part test part three, and all related documents accompanying it (feminist.org). Equity Assistance Centers Funded by the U.S. Dept. of Education 2011-2014 http://www2.ed.gov/programs/equitycenters/contacts.htmlContact the Civil Rights Act Title IV Equity Assistance Center serving your state. These centers provide technical assistance, training and resources on education equity issues related to gender, race, and national origin to state departments of education, local educational agencies, and schools upon request (feminist.org). National Collegiate Athletic Association (NCAA) Gender Equity http://www.ncaa.org/gender_equity and http://www.ncaa.org/lgbt NCAA is a voluntary membership organization through which the nations colleges and universities govern their athletics programs (feminist.org). The Legislative Services Database (LSDBi) is a useful tool for looking up bylaws and bylaw interpretations, which are published responses to specific questions about NCAA guidelines. The LSDBi has the advantage of being updated continuously throughout the year (Weight Zullo 2015, pg.78). Conclusion The Department of Educations Office of Civil Rights created three paths to demonstrate compliance with Title IX. A university will not have to worry about any violations of Title IX when they continue to operate within the margins that the percentages of male and female athletes are about the same as the percentages of male and female students enrolled at the school , that the school has a history and a continuing practice of expanding athletic opportunities for female students, and finally even though it is not offering its female students substantially proportionate opportunities to play sports, the school is nonetheless fully meeting female athletes interests and abilities (Weight Zullo 2015, pg.89). The goal is not to create an atmosphere of tension but of compliance and awareness to all student athletes and staff members. References Ladda, S. (2012). Examining Title IX at 40: Historical Development, Legal Implications, and Governance Structures. Presidents Council on Physical Fitness Sports Research Digest, 13(2), 10-20. Mabry, A. M. (2013). Title IX: Proportionality and walk-ons. The University of Memphis Law Review, 44(2), 497-522. Retrieved from http://search.proquest.com.proxy1.ncu.edu/docview/1510497892?accountid=28180 Spengler, J., Anderson, P., Connaughton, D., Baker, T. (2010). Introduction to Sport Law. Champaign, IL: Human Kinetics Publishers. Retrieved on March 6, 2107, From http://www.gallup.com/poll/7663/what-americans-see-title-ixs-future.aspx Weight, E. A., Zullo, R. (2015). Administration of intercollegiate athletics. Champaign, IL Human Kinetics. Retrieved on 3/09/17 From http://www.feminist.org/sports/ATHLETICS%20AND%20TITLE%20IX%20RESOURCES_09202013.pdf Retrieved on 3/09/17 From https://www.ncaa.org/sites/default/files/Title_IX%2BCoordinators%2B%2BNCAA%2Bresource%2B2011.pdf Title IX Legislation Analysis Title IX Legislation Analysis ARGUMENT I. Deference should not extend to an opined unpublished agency letter because it does not carry the force of law. [WS1] The United States Department of Educations Office for Civil Rights (OCR) letter presented here should not be awarded deference because the regulation letter argues that the interpretation the language of Title IX is ambiguous. Title IX provides that, no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program that receives Federal financial assistance. 20 U.S.C. ÂÂ § 1681(a); accord 34 C.F.R. ÂÂ §106.1 (emphasis added). OCR issued their letter challenging the interpretation of language on the basis of sex under Title IX, challenging it on the basis that it is not clear as it relates to gender identity. In support of OCRs letter, respondent proffers the legal standard accorded under Auer v. Robbins. There, the Court afforded controlling deference to an agency letter in form of a legal brief by the Secretary of Labor interpreting the language of regulations with regard to overtime pay under Federal legislation. Auer v. Robbins, 519 U.S. 452, 463 (1997). While Auer accords agencies the highest level of deference when interpreting their own regulations, such deference is only warranted in situations where regulatory language is ambiguous, unless the language is plainly erroneous or inconsistent with regulation. Id; see Chevron, U.S.A., Inc. v. Nat. Resources Def. Council, Inc., 467 U.S. 837, 843 (1984);Mission Group Kansas, Inc. v. Riley, 146 F.3d 775 (10th Cir. 1998; Stinson v. United States, 508 U.S. 36, 45, 113 S.Ct. 1913, 123 L.Ed.2d 598 (1993) (quoting Bowles v. Seminole Rock Sand Co., 325 U.S. 410, 414, 65 S.Ct. 1215, 89 L.Ed. 1700 (1945)). Here, the same level of deference to OCR would be inappropriate because OCR interprets language found under Title IX. Title IX is not an agency regulation, but rather federal law, and deference to an agencys interpretation of its regulation is warranted under Auer v. Robbins only when the regulations language is ambiguous, and that is not the case here. Christensen v. Harris County, 529 U.S. 576, 588 (2000) (emphasis added). As such, giving deference to an agencys interpretation of federal law is unwarranted. II. Language under Title IX is unambiguous and clear in its definition of sex. Title IX is clear as to its language, prohibiting discrimination of the basis of sex. When turning to past precedent, many courts have defined the term sex as the biological sex assigned to the person at birth. Johnston v. Univ. of Pittsburgh of Com. System, 97 F.Supp.3d 657, 670 (W.D.Pa. 2015); Frontiero v. Richardson, 411 U.S. 677, 686, 93 S.Ct. 1764, 36 L.Ed.2d 583 (1973). Here, Title IX is clear in its plain language that sex means to be construed as a persons biological sex rather than the gender they identify with. In fact, Title IX makes no mention at all of gender identity anywhere within its language as to be construed as anything but biological sex. We hold a narrow view of the statutory term sex due to its construction under legislative history. Johnston, 97 F.Supp.3d at 677. Because of prior precedent that holds a narrow meaning to the language under Title IX as it relates to sex, and the lack of reference to a persons perceived gender identity, we have to continue to construe on the basis of sex as meaning a persons biological sex and not gender identity. III. Respondent is not likely not to succeed on the merits because Petitioners restroom policy does not violate Title IX. The District Court did not abuse its discretion denying Petitioners preliminary injunction, because Petitioner had a discretionary right under Title IX to implement its bathroom policy. Schools are allowed to provide separate toilet, locker room, and shower facilities on the basis of sex. 34 C.F.R. ÂÂ §106.33 (emphasis added). They may do this so long as such facilities provided for students of one sex shall be comparable to such facilities provided for students of the other sex. Id. After adopting the restroom policy in dispute, Petitioner installed three single-stall restrooms throughout Gloucester High School. R.21. They also raised doors and walls around the bathroom stalls, and installed partitions between urinals, in an effort to minimize the exposure individuals may experience in restroom facilities. Id. While these new policy measures were put in place, it by no means restricted the very nature of using the restroom facilities, but rather imposed an adherence to using separate facilities that correspond with a persons sex at birth. As such, Respondent was by no means denied the right to use the bathroom, nor was he encouraged or mandated to hold it in, but rather designated a separate restroom facility for convenience. Id. Respondent chose to avoid using the restroom in its entirety while present at school and as a result developed painful urinary infections and discomfort because of that choice. Id. Petitioner had every right under the scope of Title IX to enact its restroom policy, and in doing so, provided all students with an alternative facility that may be used by anyone and everyone, at any time. Its purpose was designed to accommodate everyone, including those, such as Respondent, who suffer from gender identity issues, and therefore Petitioner did not act in violation of Title IX. IV. Petitioners policy does not discriminate because it is within its authority under Title IX. Petitioners policy does not discriminate against Respondent because the plain language of Title IX does not prohibit discrimination on the basis of gender identity. Johnston v. Univ. of Pittsburgh of Com. System, 97 F.Supp.3d 657, 673 (W.D.Pa. 2015). To establish a prima facie case of discrimination under Title IX, Respondent must allege (1) that he was subjected to discrimination in an educational program; (2) that the program receives federal assistance; and (3) that the discrimination was on the basis of sex. Id. at 674; accord Bougher v. Univ. of Pittsburgh, 713 F.Supp. 139, 143-44 (W.D.Pa.1989). Here, Respondent cannot demonstrate that he was discriminated against based on sex. In dissecting the language under Title IX, the phrase on the basis of sex is construed to refer to a persons biological and anatomical sex assigned at birth. Title IX does not prohibit discrimination based on gender identity, nor does it even refer to such language within the legislature. Here, however, there was no discrimination under either light. With regard to Respondents gender identity, Petitioner expressed immediate support when Respondent informed officials that he was transgender from the very beginning. R.11; R.16. Subsequently, school officials immediately changed Respondents name in the official school records and began referring to him using only male pronouns. R.16. Furthermore, Respondent was permitted to use the boys restroom for almost two months before community concerns became vocal. R.17. Here, not only was Petitioner sensitive to Respondents requests and needs, but they were more than accommodating to ensure that Respondent felt comfortable within his educational environment. Petitioners restroom policy took into consideration both community and Respondents concerns. Ultimately, the policys intent is to increase both safety and privacy of all students so everyone feels as comfortable as possible using the restroom facilities. By providing all students with the option of an alternative, private single-stall restroom, the school sought to address everyones concerns of privacy. As such, the policy is, in and of itself, inclusive, not discriminatory, and Respondent cannot state such a claim. V. The restroom policy is motivated by a substantial interest. Petitioners restroom policy is motivated by a substantial interest to increase privacy and safety of all students. Petitioner implemented said restroom policy with the scope of addressing the entire communitys concerns, including Respondents, and provide an alternative solution to the dispute set forth. In Johnston, a transgender university student brought suit against the University of Pittsburgh-Johnstown for his expulsion on the basis of discrimination, following failure to comply with the universitys bathroom policy. Johnston, 97 F.Supp.3d at 664. There, the university argued that the reasoning behind their policy of segregating its bathroom and locker room facilities on the basis of birth sex is substantially related to a sufficiently important government interest.' Johnston, 97 F.Supp.3d 657 at 669; accord Glenn v. Brumby, 663 F.3d 1312, 1316 (11th Cir.2011) (quoting Cleburne v. Cleburne Living Ctr., Inc., 473 U.S. 432, 446-47, 105 S.Ct. 3249, 87 L.Ed.2d 313 (1985)). Further, they reasoned that their policy was needed to ensure the privacy of its students to disrobe and shower outside of the presence of members of the opposite sex, which was widely upheld by courts for this reason. Johnston, 97 F.Supp.3d 657 at 669; see Etsitty v. Utah Transit Auth., 502 F.3d 1215, 1224 (10th Cir.2007). Similarly, here, Petitioner inherently undertakes the administrative duty to protect the safety and privacy interests of all their students as an educational body, particularly here because, the students are minors, rather than adults, as in Johnston. Linnon v. Commonwealth, 287 Va. 92, 752 S.E.2d 822, 826 (2014). For this reason, Petitioner has a substantial interest in protecting the safety and privacy of the minor children in its care. Moreover, all students have the right to privacy proscribed under the Constitution, and collectively, those rights outweigh the interests claimed by Respondent. Lee v. Downs, 641 F.2d 1117, 1119 (4th Cir. 1981). [WS1]Insert roadmap here under the first sub-issue and then continue with your argument

Socioeconomic effects on children :: essays research papers

When Both Parents are Employed Socio-economic conditions in North America have contributed to the need for dual incomes for families. Economically, â€Å"the number of two parent families below the poverty line would increase to an estimated 78% if they were to become single income families.† (Ontario Women’s Directorate 9) Socially, it was the norm, in the past, for women to stay at home having a more expressive role in the family; taking care of the children and providing emotional support for the family. Presently, women feel that their traditional roles as child bearers and homemakers must be supplemented with a sense of achievement outside the home. Recent studies reflect an increased trend towards the dual income family and projections are for this trend to continue. In 1961, 30% of married women were working; in 1978, 38% were employed; by 1981 50% were working and in 1985, 55% held paying positions outside the home. (Jarman and Howlett 95) In 1961, only 20% of all two parent families were! dual wage families, but by 1986, more than half (53%) of all families were dual earning families. (Ramu 26) In light of the fact that the majority of two parent families in the 1990’s have also become dual wage earning families, it is important to examine the effects of such a phenomenon on society in general and on child rearing in particular. Children acquire their goals, values and norms based on the way that they view or identify with their parents as well as from the quality and amount of care, love and guidance given to them by their parents. Parents who work present a different image to their children than parents who do not work. In addition, wage earners, including parents, must (in most cases), be absent from the home during the day. When considering these modifications to the family dynamics, there is considerable basis for proof that the positive effects outweigh the negative effects experienced by offspring in families were both parents are employed. The working parent occupies an important exemplary role within the family. Working parents often command considerable respect from their children, because they demonstrate the worthy characteristics of industriousness, social compatibility, self reliance, maturity, intelligence and responsibility. Because children identify with their parents, the feedback from such positive influences tends to be positive as well because many of these positive characteristics are imparted upon them.

Shakespeares Hamlet - The Ambiguity Essay -- English Literature Cust

Hamlet – the Ambiguity      Ã‚  Ã‚  Ã‚   The extent of the ambiguity within William Shakespeare’s drama Hamlet deserves consideration. Literary critics disagree in their assessments of how prevalent the ambiguity is in the work.    Lawrence Danson in the essay â€Å"Tragic Alphabet† discusses the equivocation and ambiguity within the play:    Equivocation – the conflict between the reality Hamlet perceives and the language used to describe that reality – has made all expression a matter of mere seeming, and Hamlet knows not seems. His rejection of the Claudian language extends to a rejection of all the symbolic systems that can denote a man. Thus, even his own punning (both verbal and silent) is inadequate: Hamlet chooses â€Å"nothing† since he cannot have â€Å"all†:    ‘Tis not alone my inky cloak, good mother, Nor customary suits of silent black, Nor windy suspiration of forc’d breath, No, nor the fruitful river in the eye, Nor the dejected haviour in the visage, Together with all forms, moods, shapes of grief, That can denote me truly. These, indeed, seem; For they are actions that a man might play; But I have that within which passes show – These but the trappings and the suits of woe. (I.ii.77)    In an ambiguous world, where all is but seeming, and hence misinterpretation, no symbol is successful. (70)    D.G. James says in â€Å"The New Doubt† that the Bard has the ambiguous habit of charging a word with several meanings at once:    â€Å"Conscience does make cowards of us.† There has been, I am aware, much dispute as to what the word means here. For my part, I find not the least difficulty in believing that the word carries both its usual meaning and that of â€Å"reflection an... ... Impulsive but Earnest Young Aristocrat.† Readings on Hamlet. Ed. Don Nardo. San Diego: Greenhaven Press, 1999. Rpt. from The Masks of Hamlet. Newark, NJ: Univ. of Delaware P., 1992.    Shakespeare, William. The Tragedy of Hamlet, Prince of Denmark. Massachusetts Institute of Technology. 1995. http://www.chemicool.com/Shakespeare/hamlet/full.html    West, Rebecca. â€Å"A Court and World Infected by the Disease of Corruption.† Readings on Hamlet. Ed. Don Nardo. San Diego: Greenhaven Press, 1999. Rpt. from The Court and the Castle. New Haven, CT: Yale University Press, 1957.    Wright, Louis B. and Virginia A. LaMar. â€Å"Hamlet: A Man Who Thinks Before He Acts.† Readings on Hamlet. Ed. Don Nardo. San Diego: Greenhaven Press, 1999. Rpt. from The Tragedy of Hamlet, Prince of Denmark. Ed. Louis B. Wright and Virginia A. LaMar. N. p.: Pocket Books, 1958.    Shakespeare's Hamlet - The Ambiguity Essay -- English Literature Cust Hamlet – the Ambiguity      Ã‚  Ã‚  Ã‚   The extent of the ambiguity within William Shakespeare’s drama Hamlet deserves consideration. Literary critics disagree in their assessments of how prevalent the ambiguity is in the work.    Lawrence Danson in the essay â€Å"Tragic Alphabet† discusses the equivocation and ambiguity within the play:    Equivocation – the conflict between the reality Hamlet perceives and the language used to describe that reality – has made all expression a matter of mere seeming, and Hamlet knows not seems. His rejection of the Claudian language extends to a rejection of all the symbolic systems that can denote a man. Thus, even his own punning (both verbal and silent) is inadequate: Hamlet chooses â€Å"nothing† since he cannot have â€Å"all†:    ‘Tis not alone my inky cloak, good mother, Nor customary suits of silent black, Nor windy suspiration of forc’d breath, No, nor the fruitful river in the eye, Nor the dejected haviour in the visage, Together with all forms, moods, shapes of grief, That can denote me truly. These, indeed, seem; For they are actions that a man might play; But I have that within which passes show – These but the trappings and the suits of woe. (I.ii.77)    In an ambiguous world, where all is but seeming, and hence misinterpretation, no symbol is successful. (70)    D.G. James says in â€Å"The New Doubt† that the Bard has the ambiguous habit of charging a word with several meanings at once:    â€Å"Conscience does make cowards of us.† There has been, I am aware, much dispute as to what the word means here. For my part, I find not the least difficulty in believing that the word carries both its usual meaning and that of â€Å"reflection an... ... Impulsive but Earnest Young Aristocrat.† Readings on Hamlet. Ed. Don Nardo. San Diego: Greenhaven Press, 1999. Rpt. from The Masks of Hamlet. Newark, NJ: Univ. of Delaware P., 1992.    Shakespeare, William. The Tragedy of Hamlet, Prince of Denmark. Massachusetts Institute of Technology. 1995. http://www.chemicool.com/Shakespeare/hamlet/full.html    West, Rebecca. â€Å"A Court and World Infected by the Disease of Corruption.† Readings on Hamlet. Ed. Don Nardo. San Diego: Greenhaven Press, 1999. Rpt. from The Court and the Castle. New Haven, CT: Yale University Press, 1957.    Wright, Louis B. and Virginia A. LaMar. â€Å"Hamlet: A Man Who Thinks Before He Acts.† Readings on Hamlet. Ed. Don Nardo. San Diego: Greenhaven Press, 1999. Rpt. from The Tragedy of Hamlet, Prince of Denmark. Ed. Louis B. Wright and Virginia A. LaMar. N. p.: Pocket Books, 1958.   

The Colliding Dynamics of Class Structure Essay -- Sociology

The rigidity of class structure is the culprit for the vast number of inequities in society. Power is concentrated in the hands of a small sector; leaving a few individuals to have more authority and influence, in comparison to others. The construction of class structure identifies the way groups are divided into social positions. Differences stemming from social position are further exemplified by the accessibility to valuable resources–such as wealth, education, occupation, and status. Those with distinguished command in society have access to these increasingly wide ranges of resources, which may be present in limited forms to the less powerful. Used as a device of supremacy, power is a style of control when the basis is acquiring these societal possessions. Even though class structure is considered to be fluid in nature, for some it is a complex web of entanglements hard to deal with it. Groups who suffer from social and material deprivations are not doing so by choice, b ut hugely in part to economical and occupational factors. These prominent distinctions have led several to fall victim to the systems of hierarchy. Built within these schemes are the inequalities that arise due to one’s position; and captured inside are the outcomes that influence levels of individual, educational, and occupational independence. People who do observe the inequities between classes may feel the impact of social stratification in various ways. Similarly the dynamics of class structure are very significant elements found throughout the works of Virginia Woolf, George Orwell, and Karl Marx. They are all in agreement that society host the series of conflicts underlying that of class structure. Class structure as a whole denotes differing realit... ...ist Feminism." Critical Sociology (Brill Academic Publishers) 25.2/3 (1999): 196-217. Academic Search Complete. Web. 19 Mar. 2012. Marx, Karl, and Frederick Engels. Marx/Engels Selected Works, Vol. One. Moscow. Progress Publishers, 1969, N. pag. http://www.marxists.org/archive/marx/works/1848/communist- manifesto/index.htm. Web. 23 Apr. 2012. Orwell, George. "Shooting an Elephant". The Seagull Reader Essays. 2nd Edition. Ed. Joseph Kelly. New York. W. W. Norton & Company, Inc, 2008. 243-250. Print. Peet, Richard. "Inequality and Poverty: A Marxist-Geographic Theory." Annals of the Association of American Geographers 65.4 (1975): 564-571. Academic Search Complete. Web. 19 Mar. 2012. Woolf, Virginia. A Room of One's Own. New York. Quality Paperback Book Club, 1992. Print. Woolf, Virginia. Three Guineas. New York. Quality Paperback Book Club, 1992. Print.

Motivation Techniques Essay

This essay will explain how groups are formed and will discuss how motivation techniques promote effective group work and a well motivated workforce. A group can be defined as â€Å"two or more freely interacting people with shared norms and goals and a common identity† (Kreitner, Kinicki and Buelens 1999). However there is no specific definition to the term ‘group’. Cartwright and Zander (1968) identified eight different definitions of the word all which represent a particular perspective on the most important characteristics of a group. Mullins (2005) states that â€Å"groups are deliberately planned and created by the management as part of the formal organisation structure.† Managers create formal groups to accomplish goals and serve the needs of the organisation. The main purpose of formal groups is to perform specific tasks and achieve specific objectives defined by the organisation. However informal groups are not formed or planned by the management. These develop naturally among employees through communication and interaction within the workplace. Informal groups tends to satisfy employees social needs, for example developing meaningful relationships with other people and obtaining and sharing important information. Tuckman’s (1965) suggests that a group normally has to pass through a five stages before it functions in an effective way. His theory focuses on the way which a team tackles a task from initial formation if the team through to the completion of the task. The five stages of Tuckman’s theory are forming, storming, and norming, performing and adjourning. At first stage the group get together and initially gets to know each other. Next stage the members become more aware of each other, they become more willing to bring their views into the open. There will be disagreements within the group about the task and the arrangements, which may lead to conflict. Norming is a stage where employees cooperate with each other and they tend to get their work done. In the next stage the group works well and gets on with their job to the required standard and achieves its objectives. The last stage of the Tuckman’s theory is adjouring, groups members usually disperse at this stage and they tend to reflect on the task that has been carried out. According to Cole (2004) â€Å"motivation is the term used to describe those processes, both instinctive and rational, by which people seek to satisfy the basic drivers, perceived needs and personal goals, which trigger human behaviour†. However Cook et al. (1997) stated another interpretation of motivation whereby it is â€Å"A conscious decision to perform one or more activities with greater effort then other competing activities.† Nowadays managers use motivation techniques in a number of ways, one that every manager commits themselves and set company goals for their employees to aim for. By doing this it identifies the purpose of their job. Motivation techniques that are likely to be used in the industries are, employee of the month schemes, where workers are recognised for their hard work. To increase motivation and group work within the childcare industry one should consider Herzberg’s Two Factor, which is hygiene and motivating factors. His theory hinges on the idea that people are motivated by the things that make them feel good about work. In childcare it is important to ensure hygiene factors such as the conditions the employees work in are satisfactory and comfortable along with security of having an acceptable amount of wage and benefits such as pension. Another way to motivate employees is by reinforcing them. Skinner’s theory simply states that the employee’s behaviour that leads to positive outcomes will be repeated (skinner 1953). Managers should positively reinforce employee behaviour that will lead them to positive outcomes. For example if the teacher has a plan for an activity, the manager should encourage the teacher to the activity or the play. By this he/she will feel valued and would like to make further contribution in other tasks. Some employees are quiet and some are loud. Despite people’s personality, everyone should have a say in discussion or at least be given the chance. Managers should be able to build up self esteem in their employees and for their employees to build up to their work colleagues. This effectively motivates the whole workforce. If there are new employees in the nursery and one is quicker in adapting things whereas the other one might take time to get used t new things and the environment. Managers should recognise this as not everyone is same in any workplace. It is important for a manager to recognise this and treat them same. Abraham Maslow is an early theorist who realised that people have more than just social and physical needs. He studied human motivation from which he then invented a theory of needs of hierarchy, with basic needs at the bottom and higher needs at the top. Maslow’s theory relates to the motivation techniques of today’s industry as it displays how managers to this day follow the same method of systematic movement up the hierarchy. Schools and community or day nurseries needs a stable environment in order to maintain a suitable place for employees to work in. To motivate staff into working, the surroundings are needs to have adequate lighting, warmth and shelter and free from threats as much as possible. For example people do not want to enter a working zone and feel threatened each day that they are going to be physically got hurt or even catch a cold when there is no heating in the workplace. This is manager’s job to ensure that every angle is covered so that their employees enjoy coming to work. Schools should have right teaching resources to motivate their staff. For example in the classroom a teacher should have a computer and all the equipments that he/she need for their lesson. These are the basic needs of any employee working in the early years that need to be met so they can work to their fullest potential. Another motivational technique to promote effective group work and a well-motivated workforce is communicating with employees. As suggested by the expectancy theory, workers expect some sort of reward as an outcome of the effort that they put in. It is vital that communication is a two-way action as not all people have the same incentives as mentioned before, one working in the childcare vocation may get to an advance whereas another may prefer the option to work in another group, such as a different year group or subject. So it is essential that one projects their desired needs in order for them to be met. However, a lack of communication can de-motivate employees and one should be careful to not send out misleading information. Managers who do not meet their demands as promised, causes a break-down in communication and trust, which will therefore lead on to cause motivational problems, but if managed to maintain this trust then they will be more valued, as will their decisions, upholding the employees will to co-operate. In conclusion this essay shows different ways how groups are formed and different types of groups such as formal and informal groups. There are many ways of motivating employees but employers should know that there are different ways of rewarding. Different theorists have different ways of explaining their techniques on motivating workforces.   

Local Literature Essay

According to Manila Bulletin (Tariella, 2014) entitled â€Å"Rural Tourism and Community Development†, it states that rural areas are becoming popular destinations because of cuisine. Most of the tourists look for attraction, activities such as festivals in different rural areas, authentic rural cuisine, and amenities of the area. This is the way to promote the Culinary Tour here in our country. Many of the residents in rural areas also have their own local unique food which visitors would like to take part or even learn cooking. There is need to appreciate the recreational activities, food, and souvenir items. In other words, â€Å"to develop applicable tourism package, the whole community must involve, the benefits well distributed to all its colleagues to ensure sustained participation and cooperation†. This is the essence of community-based rural tourism and it’s able to uplift the community. According to AIM Center for Tourism (Dr. Tan, 2014) entitled â€Å"Propelling Filipino Cuisine to the World Stage†, it is stated there that the increasing popularity of food tourism in the Philippines makes the travelers visit the country not only to see the different heritage sites and natural scenery but also to experience the authenticity of flavors of Filipino food has to offer. Travelers often associate destinations with local cuisine. Since culinary tourism develops opportunities for our local cuisine, Filipinos must patronize it. According to the website of â€Å"Its more fun in the Philippines† (www.itsmorefuninthephilippines.com) (Buenavente, 2009) entitled â€Å"Kulinarya Food Trips†, the Philippine cuisine is one of the country’s best –kept secret which is not yet known in different parts of the world. The Department of Tourism (DOT) under the management of Sec. Joseph Ace Durano lately launched Culinary Tourism as Kulinarya Filipina as part of Cultural Tourism Program. This program introduces the Philippine authentic flavors to promote the country as a culinary destination. The Department wanted to promote the culinary tours to other well-known culinary centers of our country such as Manila, Ilocos Region, Pampanga, Bulacan, Iloilo, Negros and Davao. According to Philippine Daily Inquirer (De Lara, 2015) entitled â€Å"We have everything in the North†, it states that Northern has a lot to offer- historical scenery, natural scenery- beaches and the terrific rural cuisines. Other than natural destinations and exciting activities in the north provinces, it is also known in delicious authentic cuisine. The north has Pampanga as the culinary capital and Ilocos has their famous bagnet and all those delicious authentic delicacies. According to Sun Star (Flora, 2015), it states that in the city of San Fernando in Pampanga, its provincial government decided to launch the first ever Great Alualu Festival on April 17. Its purpose is to declare â€Å"alualu† or the native term in Pampanga for the popular dessert of Filipinos, â€Å"halo-halo†. The highlight of this festival plays the important role in creating the authentic Kapampangan Cuisine to be known outside in its province and also all over the world. According to Sun Star (Pacete, 2015), it stated that one of the provinces of Region 18, Negros, bringing up and promoting the tourism potential of this province for local and foreign tourists. To appoint Pinoy travelers to discover the hidden gems of the Philippine tourism—sights, cuisine, activities, places, people and culture. The Culinary Historians of the Philippines (CHOP) visit the roaming food vendors selling their delicacies in â€Å"nigo† (flat basket) to observe the actual buying and selling of â€Å"batuan†- a local berry used as souring agent in soup, â€Å"kalkag†- dried tiny shrimps, â€Å"lamayo†- sun dried fish, and fresh sugarcane juice. According to Business World Online (Carillo, 2015), it stated that the city’s culinary scene than the fresh durian sold in the streets and all its processed versions in local shops—cakes, pastries, candies, ice cream, and even coffee. By elevating the culinary scene in Davao, held a competition categorized the Filipino Cuisine challenge. Food Tour in Davao. The local government‘s tourism office, with the help of private tourism stakeholders, the heritage tour and food tour will combined and the program is now a part of tourism packages for the visitors.

Ibm Case Essay

History By the 1950’s, IBM became the dominant vendor in the computer industry with the release of the IBM 701 along with many other series of mainframes, which are large central processors. Then in the1960’s and 1970’s, the company had to diversify to get on the same level as smaller companies, such as Digital Equipment Corporation, who were introducing microprocessors. This threatened IBM’s position in the computer industry. Their response was coming put with a personal computer, software, and services. In 1981, IBM officially introduced the IBM PC with a compatible hardware platform. This was a large accomplishment for the company. A few years later, on May 1st, 2005, IBM sold its PC division to the Chinese company Lenovo for $655 million in cash and $600 million in Lenovo stock. Then on January 25, 2007, IBM sold their printing systems division for $725 million to Ricoh and created a new Ricoh subsidiary called InfoPrint Solutions Company. Ricoh will now own a 51% share and IBM will own a 49% share. Also in 2007, IBM’s yearly revenue was $98. 8 billion and they had a net income of $10. 8 billion dollars. IBM is run by about 427,000 employees. There are three main people who keep the business running smoothly. The most important one is Samuel J. Palmisano, who is the Chairman, President, and CEO. Another important associate at IBM is Mark Loughridge, who is the SVP and CFO. And lastly, Douglas Elix, who is another SVP, a Group Executive, and is in charge of Sales and Distribution. These three men are vital to the company’s success. Besides them, most of the employees at IBM are IT Specialists, Application Services Consultants, and Managing Consultants. Every company has to have competitors. Competition makes a healthy industry. Some of the top competitors IBM runs against are EDS (Electronic Data Systems Corporation), Hewlett Packerd, and their biggest competitor, Microsoft, whom they are ranked right behind in second place in their industry. IBM has many recent accomplishments within that last few years. One of the major ones was the development of the world’s tiniest nanophotonic switch, which is a device for routing light on a chip scale. Another project they have completed wasweb 2. security concerns with â€Å"SMash,† which is one of their development tools. Another very large project they completed was the design of the microprocessor for the Xbox 360, Playstation 3, and Nintendo Wii. All three of those were a good addition to the list of products they already design. This opened up their age range of consumers as well since a lot of children play these video systems. Besides recent accomplishments in their elec tronic field, IBM also had many of their employees win multiple awards for their achievements. They have had three of their employees win Nobel Prizes, which are achievements in either physics, chemistry, literature, peace, economics, medicine and physiology; four have received a Turing Awards, which are awards for technology; five have National Medals of Technology; and five more have received National Medals of Science. These are all very big accomplishments that IBM is very proud of. IBM is currently working on many projects. One of its big ones is Eclipse, which is a platform-independent, Java based software framework. Another is developerWorks, which is a website run by IBM for software developers and IT professionals. It contains large numbers of how-to articles and tutorials, software downloads, code samples, discussion forums, podcasts, blogs, wikis, and other resources. Then there is alphaWorks which is IBM’s source for emerging software technologies. They are also working on more semiconductor designs and manufacturing for them. Open client offering is another project they are working on. It is to run on Windows, Linux and Apples. Used for word processing, presentations, Lotus Notes, instant messaging, blogging, etc†¦ UC2: Unified Communications and Collaboration is an IBM and Cisco joint project. It will offer numerous Eclipse applications developers a unified platform for an easier work environment. Examples of this would be click-to-call and voice mailing. SWOT on Management IBM holds more patentsthan any other U. S. based technology company. IBM’s Project Management Center of Excellence, or PM COE, is first-rate. PM COE is considered IBM’s â€Å"Think Tank†. It is a program that has been set up to define the steps needed to strengthen IBM’s project management capabilities. PM COE combines external industry trends and directions with IBM business, organizational, geographic requirements and insight. Using PM COE, IBM has developed project management policy, practices, methods, and tools (Wikipedia, 2008). For someone to be considered for a management position, they must complete IBM certification or accreditation. To be accepted in to the certification or accreditation process an individual must have done the following. Successfully passed PMI exam (i. e. be a certified PMP). Verifiable documentation and approval for mastery/expertise in a well-defined set of PM skills. Several years of PM experience spanning at least 3 verifiable projects within the immediate 5 years (including specific role, team size, and budget requirements). Verifiable documentation and proof of at least one area of specialty. Demonstrated the use of IBM’s Worldwide Project Management Method (_WWPMM_). Completed extensive classroom and online education and testing. To become a Junior Project Manager, you must go through self assessment and get supervisors authorization to be accredited. Becoming a Senior Project Manager requires going through the rigorous IBM certification process, which involves Candidate preparing a detailed package with proof of above requirements. Package review, approval, and support by at least two levels of Senior Management. Package review and re-verification by PM COE expert. Personal interviews with the PM COE Certification board. Candidates whose experience, skills, knowledge and education are deemed valid, verifiable and accurate, are certified by the board as either Certified Senior Project Manager (CSPM) or Certified Executive Project Manager (CEPM). Senior Project managers must validate their skills and expertise against IBM’s worldwide standards. It is a deliberately long process with multiple checkpoints designed to ensure the integrity, fairness and legitimacy of the certification. This helps IBM maintain customer confidence in their products (Wikipedia, 2008). Since IBM is such a large, diversified, and established company they do not have many weaknesses. One weakness is they have a tendency to â€Å"strong arm† clients that are highly dependent on IBM products (Bradley, 2004). In the future this reputation could lead companies to be hesitant to rely on IBM’s merchandise. This reputation could also create bad enough relationships with current clients to make them transfer to a competitor’s product. IBM has also been known to â€Å"over promise† (Bradley, 2004). Since they are such a large corporation, with many capabilities, they tend to promise unrealistic deadlines to their customers. Businesses don’t like losing money, and opening later then planned is a good way to do that. These delays in their customers start-ups, could also lead to unfavorable relationships that could cause clients to move their business elsewhere. IBM is constantly looking for new opportunities to expand their share of the market, or start a new market. IBM is looking into revolutionizing the prevention of traditional and online fraud and Identity thefts. They are working on a comprehensive anti-fraud program that is going to help banks protect themselves and their customers, while continuing to offer their products and services (IBM, 2006). IBM is also conducting case studies for the automotive industry. The case studies are going to help them change the industry, and become more innovative (Lunani, 2006). Hopefully, the innovations will alleviate some of the stress the industry is under. Management Practices ; Theories SWOT analysis is a very important part of finding out a lot of information pertaining to current management functions within the company. However, it is what the management does after they find their strengths, opportunities, weaknesses, and threats that are the most relevant part of determining a company’s success. The theories and practices the company uses to take advantage of their strengths, try to combat their weaknesses, use opportunities to their best interest, and to defend themselves from threats are the key determinant on what the company’s future looks like. IBM as one of the top companies in the world clearly knows what they are doing. They have taken into careful consideration their SWOT analysis and their management theories and practices are derived from their analysis. Being involved in competitive global competition, the company’s workforce is an essential part to IBM’s success. In knowing of this, IBM has created a list of seven key core workforce capabilities. These capabilities include: Understanding the demographics and capabilities of the workforce, predicting future labor supply and demand, utilizing social networks to increase the visibility and application of knowledge across the organization, enabling individuals to perform work regardless of location, facilitating collaboration across traditional organizational boundaries, driving the rapid development of skills and capabilities to meet changing business conditions, and evaluating employee performance and providing appropriate feedback. IBM has implemented these guidelines so their workforces can constantly adapt to the ever changing global business environment. In addition, workers are paid incentives for their input to keep the employees with a sense of involvement which is important to keeping them excited about IBM. At IBM, the managers believe and in a workforce that is diversified. According to Ron Glover, VP for Global Workforce Diversity at IBM, focuses on what it means to retain a true culture of diversity is IBM’s greatest competitive advantage. From all the way back to World War I, IBM has romoted workforce diversity when they hired disabled veterans to work for the company. Even when no one was using diversity IBM was. Way back in 1953, CEO at the time Thomas Watson sent out a very controversial stating that IBM needs to hire the best people, regardless of their race, ethnic origin, sex. In addition, the company added sexual orientation in 1984. He knew that this would give IBM a competitive advan tage because IBM would then be able to hire talented people the it’s competitors would turn down. (hrmreport. com, 2008) Another way IBM tries to get the best workers is using their program called Extreme Blue. This is an internship program for graduate and undergraduate students. This internationally known program is great for getting students prepared to work for IBM. IBM believes this will give students interested in working for a IBM a realistic perspective on what it would be like to work for them. IBM runs this diverse workforce under a classical management perspective. Money is assumed to be the primary motive and have a traditional compensation plan. The main forms of pay to employees are base pay and valuable other forms of benefits such as retirement plans and insurances. According to the company’s website, â€Å"cash compensation opportunities include base pay, commissions, performance bonuses, awards and other forms of earnings. † In addition to these forms of pay, IBM also offers generous paid vacation and holidays. There are also some benefits to relieve stress and just get away from the company for a little while. These benefits include reduced-prices, cooking lessons, and fitness centers. This management style has worked for them and we think they should stick with the classical approach to management and not move to a behavioral perspective. IBM uses an analyzer strategy which most large companies use. An analyzer strategy is a strategy in which the firm attempts to maintain its current businesses and to be somewhat innovative in new businesses. They use this strategy because they want to produce some new product opportunities while protecting their base of operations. (Griffen, 2007) Management Structure â€Å"The management structure that IBM maintains is an effective internal control structure. This structure has clearly defined lines of responsibility, as well as comprehensive systems and control procedures. This structure is beneficial because it assures customers that their transactions are put through correctly and efficiently. â€Å"(http://sec. edgar-online. com) An important part of IBM’s management structure is a good internal audit program. IBM takes a good amount of time to train its workers correctly. Each employee receives written policies and procedures to ensure that each employee knows exactly what to do under any circumstance or problem that may arise. By doing this everyone is on the same page and everything is done the way they want it done. IBM is now thinking about cutting 13,000 jobs most of which should be mostly in Europe and other headquarters around the world. Ethics With all of the diversity that exists within the company it would be hard for IBM to conduct any work without ethics on their minds. As in any large company there is some sort of unethical behavior going on, however these behaviors have not been detrimental to the company thus far. So far it is obvious that IBM won’t make any large scale unethical decisions such as the like of Enron. The ethics are very important in the business process and will be discussed more in an interview with a former employee. Interview With a Former Employee Flat or tall management structure? â€Å"The structure tends to be taller than most companies, especially within the consulting group. † Management Style? â€Å"The managers take a very classical by the book style to their decisions. Everything that had happened before was documented and later considered protocol, if there was success. † What ethics does IBM use in decision making? â€Å"IBM has well defined guidelines on many ethical issues, and it is required that all new employees review these guidelines. Employees are also required to take an annual review test to comply with IBM corporate policy. In my experience IBM relies on individual managers to make judgment calls on grey areas, and the managers I worked with all took ethic approaches to handling the issue. † What are the area’s for improvement? â€Å"IBM has had difficulties integrating its consulting division, since the acquisition of Price Waterhouse Coopers consulting in 2002. Much effort has been focused on getting full value from this acquisition, and at least initially the purchase was viewed as a misstep. With changes over the last few years, the consulting division has become the bulk of IBM revenue, but there are still opportunities to better leverage the consulting division in light of other IBM business units. IBM has also been severally criticized for its outsourcing practices, and has taken very proactive measures to combat this public criticism. † Any alliances? â€Å"IBM has numerous alliances with companies, all the way from suppliers to working with competitors. The number of alliances in likely in the thousands. † What makes IBM so successful? The ability to solve large scale business problems, especially in the IT sector, by combining various internal specialties and partnerships to create and implement end to end solutions. † Have you witnessed any unethical behavior throughout the company? â€Å"I have not personally witnessed any unethical behavior, but have spoken to a former VP who was put in a position to take an unethical action by someone who wa s very senior in the organization. † Hiring procedures? Promotions procedures? â€Å"Hiring is done at the group level, based upon target numbers that are established at the top of the organization. Final hiring decisions are made at the senior manager level. Promotion decisions occur annually with promotions and compensation based upon the outcome of the decision. Promotion is granted if the employee can show sufficient evidence that he/she is operating at the intended promotion level, and that the results are sustainable (ie. , results must be shown for a relatively long time and consistent time period, in various situations) . The implementation of the corresponding compensation typically occurs six months after promotion decisions are made. The timing of promotions and compensation increases are an area which many employees feel needs to be corrected, and IBM has stated it intends to reduce the total time of the process. † Relationship between managers and subordinates? â€Å"Varies greatly based upon individual relationships. IBM offers many channels to discuss issues, but the design of the promotion/compensation/staffing structure makes it imperative to have a successful working relationship with direct and next level management. † Is there a lot of management restructuring? Yes, at the lower levels, especially in consulting, management roles are very fluid and change frequently in comparison with other companies. Some of this is based on market changes, some on promotions/exits, and some on business results. † What kind of fringe benefits do workers receive? â€Å"Discounts with partner companies, cell and broadband reimbursement, 401k contribution, pension (eliminated in 2006), corporate educatio n, annual bonus (consulting division), extensive health care coverage at low rates. † Is there a lot of communication between the different headquarters? Conclusion It is obvious that IBM is successful because their values and the way they conduct business. This is a direct reflection upon their management structure, style, and practices. They will surely stay on the same track of success for many years to come. As they push forward in their business they are becoming one of the most well known businesses whether it be for technology or consulting around the world. No matter what kind of work a person is in one thing is for certain, everyone can learn from the way IBM conducts their business.