Saturday, August 31, 2019

Defilement: Human Sexual Behavior and Child

KENYATTA UNIVERSITY BACCALAUREUS LEGUM – LLB LPR 205 JUDICIAL ATTACHMENT REPORT PRESENTED IN FULFILMENT OF PART OF THE COURSE REQUIREMENTS TITLE OF REPORT: STUDENT NAME: MUTITU EVELYNE . W. STUDENT REGISTRATION No: L95S/7061/2009 WORD COUNT: 4480 ————————————————- DATE OF SUBMITTING REPORT: ————————————————- THURSDAY, 29TH SEPTEMBER 2011 ————————————————- ————————————————- I am aware of academic rules on plagiarism and state that the work covered by this report is my own and does not contain any unacknowledged work from other sources. ————————————————- PRINT NAME: MUTITU EVELYNE . W. ————————————————- SIGNATURE: ————————————————- TABLE OF CONTENTS: 1. 0: ABSTACT 1. 1: Objectives 1. 2: Method 2. 0: INTRODUCTION 3. 0: BODY 3. 1: Definition of defilement 3. 2: Background of defilement in Kenya 3. 3: Statistics on defilement in Kenya 3. 4: Perpetrators of defilement in Kenya. 3. : Age of defilement victims in Kenya 3. 6: Possible explanations as to why defilement is on the rise 3. 6. 1: Gender inequality and patriarchal notion s 3. 6. 2: Cultural practises 3. 6. 3: Poverty 3. 6. 4: Cultural and social stereotypes 3. 6. 5: Failed institutions 3. 7: Laws governing the prosecution of sexual violence against children: 3. 7. 1: The constitution 3. 7. 2: Sexual offences act, 2006 3. 7. 3: The children’s act 3. 7. 4: The criminal procedure code 3. 7. 5: The employment act 3. 8: Challenges for seeking redress in sexually assaulted children: 3. 8. 1: Slow judicial system . 8. 2: P3 and PRC form 3. 8. 3: Poor investigation and prosecution 3. 8. 4: Conflicting medical reports 3. 8. 5: Cultural and social stigma in reporting cases 3. 8. 6: Ignorance of the public 3. 8. 7: Gender desks 4. 0: CONCLUSION: 4. 1: Possible avenues of dealing with defilement 4. 1. 1: Applying the equality provisions in the new constitution 4. 1. 2: Civic education 4. 1. 3: Advanced technology in collecting evidence 4. 1. 4: Legislation to curb cultural practises encouraging defilement 4. 1. 5: Special desks in police stations for sex ually assaulted victims 4. . 6: Homes for abused children 4. 1. 7: The sexual offences act 4. 2: In summery 4. 3: Acknowledgement 4. 4: Recommendation 5. 0: References: 5. 1: Statutes 5. 2: other sources DEFILEMENT MENACES A FREQUENT GUEST IN THE CORRIDORS OF JUSTICE: 1. 0: ABSTRACT: 1. 1: OBJECTIVE: The objective of this research was to find out why the number of defilement cases is increasing daily yet most of the other crimes are decreasing. It is also meant to find out if the judiciary is doing enough to curb this social evil and if has played any role in its rise. 1. 2: METHOD: I spent two months at Limuru law court and I listened to numerous defilement trials. I held several discussions with the Magistrate and children officers and consulted numerous researches done on the same. 2. 0: INTRODUCTION: Under the SEXUAL OFFENCES ACT (2006) a person who defiles a child aged eleven years or below shall upon conviction be sentenced to imprisonment for life; if the child is aged between 12 and 15 years, the term of imprisonment shall not less than 20years; and if the child is between 16-18 years old, the defiler faces a term of no less than 15 years behind bars. These are penalties that one would hope would scare the wits out of any person who is at least of reasonably sound mind from conceiving the slightest idea of defiling a minor in Kenya, but judging from the rampant cases of defilement this is not so. The make-up of the society is that a parent gives birth to a child and natures it, teaching it to grow into a responsible human being. The teacher then takes up the responsibility of nurturing when the child is about four years of age impacting knowledge on the child. The church impacts moral values on the child and the rest of the society moulds this child in preparation for greater responsibilities in the future. A child is a vulnerable member of society as they can barely survive on their own. The society is mandated with the responsibility of protecting the child but it has abandoned that responsibility and even those closest to these children are hurting them. About one in every five reported crimes around Limuru area was a sexual offence and most of them being defilement cases. This disturbing practise has not only affected the girl child but even the boy child is no longer safe. The shocking revelation is that half of the defilement cases are by a relative followed by Close family friends, teachers and very few have strangers involved. Most of the children are defiled at their homes, at a relative’s house, on their way to school or to the shop. The home which was a safe heaven for every child is no longer safe and neither are the schools where these children spend the better part of their day. Several questions linger in the mind as one tries to figure out why Kenyan society has seemingly turned this way. Was this evil ever-present but just not reported in the way it is today? Is it a sad reality recently revealed, or a growing modern menace? Does it derive from ignorance, perversity, or just plain evil? Are these the tell-tale signs of the last days as described in the Book of Revelations as some would have it, or are they just illustrations of a decaying society? And how do we stop this abomination? One does not have to be a devout Christian to hope a millstone will be cast about the neck of each and every perpetrator before they are thrown into the water. Neither does one have to be a reactionary to believe that the development of our modern society has had a role to play. Either way, this appalling issue has to be urgently addressed. 3. 0: BODY: 3. 1: DEFINATION OF DEFILMENT: Oxford dictionary: to damage the purity or the appearance of something. Sexual Offences Act: S. 8 a person who commits an act which causes penetration with a child. . 2: BACKGROUND OF SEXUAL VIOLENCE IN KENYA: The African man has always been viewed as superior to the woman. Most of the African cultures portray the man as a superior being who should be obeyed without question. On the other hand the woman is painted as a submissive creature availed for the pleasure of men. This is aptly demonstrated in most of the Kenyan cultures. For example, the kikuyu culture calls the man mundu murume the word murume is derived from the word urume which means extremely courageous. In contrast, the woman is known as mutumia which is derived from the word tumia which means use. This is a major reason why the kikuyu man not only considers himself as the dominant sex but also sees a woman simply as a vessel for his use (Kariuki 2004). Most cultures portray the girl child as an investment and usually when her time to get married comes what matters is the bride price they will receive. Often when a girl is getting married her parents will advise her to obey her husband and take care of him lest he will demand back the bride price (Davison 1989). The boy child on the other hand is brought up being taught that it is weakness for a man to succumb to emotion as it makes you like a woman. And as most men age, they learn to cancel out or deny erotic sensations that are not specifically linked to what they think a real man is to feel (Stoltenberg 1989:33). The boys are raised up learning that a man gives instructions that should be followed without question and even couple of Kenyan communities have encouraged chastising of women. Being a man is measured through violence and sex capability. So, when masculinity is associated with aggression and sex conquest ,domineering sexual behavior and violence become not only a means of structuring power relations between men and women , but also a way of establishing power relations among men (Heise 1995). In Kenya, it reaches its most extreme expression possibly among the Gusii, for which LeVine (1959) wrote that all sexual intercourse was played as rape with women even in marriage expected to resist 3. 3: STATISTICS ON DEFILEMENT IN KENYA: * In 1991- in a mixed boys’ school, boys invaded girls’ dormitory and raped 70 girls leading to 19 deaths. 2 May 1992, 15 girls were raped at Hawinga Girls, Nyanza province. * A joint report by TSC and a non-profitable organization revealed that 12660 students were sexually abused by their male teachers from 2003-2007. Out of all these only 633 teachers were charged with sexual abuse. * In 2010 more than 1000 teachers were fired for sexually abusing girls. * In a standard newspap er article published on 09/02/2010 there was a story of a teacher who defiled a deaf girl getting her pregnant. * In 2004, 140 cases of students being defiled by teachers were reported, in 2008, 100 cases were reported and in 2009, 122 cases were reported. Out of every 100 rape cases handled by police, child rights groups, and selected hospitals, 40 were committed by fathers; according to the study conducted by the Chambers of Justice * Police statistics showed that rape and defilement were the most prevalent crimes in 2010 even as other offences reduced by 5%. * Out of 57826 crimes reported in 2010, 785 were rapes and 2660 were defilements. In 2009 729 were rapes and 2242 were defilements. * A report given by the media in 2005 showed the following results: MONTH| RAPE| DEFILEMENT| July| 33| 51| August| 10| 22| September| 3| 28| October| 0| 15| November| 7| 18| December| 6| 27| TOTAL| 59| 161| * 42 cases of sodomy were also reported between July and December of 2005. 3. 4: PERPETRATORS: Several researches have shown that fathers are the greatest perpetrators out of 100 reported cases 40 are by fathers. Other family members, neighbors, teachers and gangs are also topping the list. A research paper titled, â€Å"A media coverage on sexual violence and its implication on educational leadership† carried out by J. wanjiku Khamasi & Wanjiru Muita showed the following results. OFFENDER PROFILE BY NUMBER OF INCIDENCES REPORTED: In R v MICHINO NJOROGE, LIMURU SPM, CR 69 OF 2011, 08/06/2011. The accused person was a cousin to the victim. In R v GODFREY MUGENDI NYAGAH. LIMURU SPM, CR 926 0F 2011, 27/06/2011, the accused was a neighbour. In R v JOHN NJIHIA KAHURO. LIMURU SPM, CR 256 OF 2010, 30/06/2011, the accused was a cousin to the victim and he even impregnated her forcing her to procure an abortion as she had a heart problem which couldn’t allow her to carry the pregnancy at her age. In R v MOSES WAFULA. LIMURU SPM CR 451 OF 2011,28/07/2011 The accused was a father to the victim. These are just a few examples of the many defilement cases in Limuru carried out by either a family member or a neighbour. 3. 5: AGE OF DEFILEMENT VICTIMS: Defilers are going for younger girls every single day. In Limuru the victims were aged between 9 to 15 years. In R v ANTHONY NJIHIA WANGARI. LIMURU SPM CR 401 OF 2011 29/06/2011. The victim was a 9year old girl. In R v CHARLES KIEMO LIMURU SPM CR 1130 OF 2010, 18/07/2011. The victims were boys aged 12 and 14 years. In R v MOSES WAFULA. LIMURU SPM CR 451 OF 2011. 28/07/2011, the victim was a 10 year old girl. Researches have shown that even one month old babies are being defiled. ( J. wanjiku Khamasi & Wanjiru Muita) in a research paper titled â€Å"violence against women† by Winnie . v. mitulla show that in 1996, 9 children of age 2 – 4; 12 of age 5 – 7; 10 of age 8 – 10; 8 of age 11 – 13 and 6 of age 14 were defiled; whereas in 1995, 7 children of age 2 – 4; 13 of age 5 – 7; 22 of age 8 – 10; 7 of 11 – 13 and 10 of 14 – 16 were defiled. hese may not be the exact numbers but they paint a vague picture of how children are suffering in the hands of defilers. 3. 6: POSSIBLE EXPLANATIONS OF WHY DEFILEMENT IS ON THE RISE: 3. 6. 1: GENDER INEQUALITY AND PATRIACAL NOTIONS: The Kenyan society has been natured in a way suggesting that the man is superior while the woman is inferior and is meant to be submissive to the man. As a result most women lack the ability to protect their children from their abusive husbands. Some even leave their matrimonial homes due to the degree of suffering inflicted by their husbands leaving behind their children. I was reading a blog ion the internet where a girl narrates her ordeal after her mother left due to constant beating by her father. As the first born she assumed her mother’s duties which included having sex with her father who forced her to share a bed with him. In R v MOSES WAFULA, LIMURU SPM CR 451 OF 2011, 28TH JULY 2011. The accused person actually threatened to kill the victim, who was his daughter, and her mother if he was sent to jail. The mother to the accused was quoted saying that his son was the man of the house and his wife had no right to question his actions 3. 6. : CULTURAL PRACTISES: Some of the cultural practises in Kenya have done more harm than good to the Kenyan child. An example is the Samburu community which practises a cultural practise known as beading. They justify this practise claiming it prevents promiscuity when instead it encourages incest. Beading means that a girl as young as 9 years old is engaged to a relative sometimes as old as her grandfat her by use of traditional attires popularly referred to as beads. During the engagement, the admirer places a special necklace around the girl's neck to signify he has officially booked the young one. He follows this by bringing beads in large quantities which are also put in girl's neck as a sign of official commencement of intimate relationship though it does not lead to marriage as the two are related. The â€Å"couple† is allowed to have sexual intercourse but pregnancy is highly forbidden. Incas it does happen, it has to be terminated immediately despite the high risks involved. Early marriage which has been a widely practised culture is also defilement in its own sense because girls as young as 5years are forcefully married to older men. In a research paper entitled ‘gender, sexuality, and HIV’ a girl from Amhara Ethiopia is quoted saying that,† she hates early marriages as she was married off at five years and first had sex at 9 years. She says that her in-laws forced her to sleep with her husband who made her suffer all night and after that night whenever day became night she was worried that she would go through the same ordeal. † In R v MOSES WAFULA, LIMURU SPM CR 451 OF 2011, 28TH JULY 2011. The victim while giving her evidence tried to withdraw her statement that her father had defiled her. On realising this, the prosecutor informed the magistrate and when they carried out an inquiry it came to their attention that the victim and the mother had been threatened by the accused’s mother. When we were in chambers the magistrate told us that in some customs fathers have sexual intercourse with their daughters as a way of appreciating themselves for raising them up. It sounds so absurd but it’s actually happening. 3. 6. 3: POVERTY: Poverty in Kenya has become a reason for every social evil. Children have to look for casual work in order to assist their parents in meeting basic needs. Incidences where a student was defiled while cleaning or fetching water for their teachers are very common. Aside from that some children are defiled and their defilers offer compensation to their parents who quickly take their money focusing on their economic problems. In R v JOHN NJIHIA KAHURO, LIMURU SPM CR 256 OF 2010, 30/06/2011. The accused was the victim’s cousin and he actually impregnated her. The father of the accused offered to compensate but luckily the victim’s mother in this case refused to accept it. However very many defilement cases go unreported as parents prefer to take the money leaving this social evil unpunished. Powerful men in the society also defile young girls and go unpunished as they are able to bribe the police and magistrates earning their freedom. This encourages people with power and money to take advantage of children as they know they can easily get away with it. 3. 6. 4: CULTURAL& SOCIAL STEREOTYPES: According to the Pocket Oxford Dictionary, a stereotype is a ‘person or thing seeming to conform to a heavily accepted type’. Sex-role stereotypes have also been defined as ‘the rigidly held and oversimplified beliefs that MALES & FEMALES possess distinct (and similar) psychological traits and characteristics. ‘Traditionally, the female stereotypic role is to marry and have children. She is also to put her family's welfare before her own; be loving, compassionate, caring, nurturing, and sympathetic; and find time to be sexy and feel beautiful. The male stereotypic role is to be the financial provider. He is also to be assertive, competitive, independent, courageous, and career-focused; hold his emotions in check; and always initiate sex. Owing to the expectation that men should be breadwinners in the family, men turn to aggression in an attempt to suppress their status and continue dominating their wives or their close female relations when they perceive an economic rise by them. This means that the woman remains dependant on the man and condones his violent acts. This affects the children as they have no one to protect them as their mothers are week. Most of these girls believe they should be submissive and end up not even telling anyone their ordeal. Which is why some cases will go undiscovered unless the girl gets pregnant or contracts a disease. The woman is meant to keep herself for her husband and society views a lady who is not a virgin as lose. The value attached to female chastity is so high that even where a woman is a survivor of sexual abuse, the typical community response is to isolate and stigmatise her. The shame and stigma attached to sexual violence, and the lenient penalties meted out on offenders in formal and traditional judicial systems, silences survivors. 3. 6. 5: FAILED INSTITUTIONS: The collapse of the rule of law in conflict situations encourages sexual crimes on a massive scale. The difference between the protector and the perpetrator is not clear anymore. The perpetrators and perpetuators of sexual violence in conflict and non-conflict settings are categorised into three groups. First the disciplined forces e. g. the police, army et. al. secondly family members and the community and thirdly the structures and institutions of protection (the government and its organs, UN, AU, and other humanitarian organisations). It is often difficult to tackle impunity for sexual crimes committed during conflict because perpetrators and perpetuators often take up powerful positions in post-conflict governments. This gives them an avenue to intimidate their victims. The UN and similar institutions refuse to take responsibility for these crimes. Their correction policy often entails forwarding offenders together with reports on them to their respective countries’ judicial systems. This practise takes away any hope of justice for the survivors. This is very evident in Kenya as very many children were defiled during the 2007-2008 post-election violence and 4 years down the line no justice has been granted. We are only hoping that the ICC can give the survivors some peace of mind but we all know that, that is still miles away from happening. 3. 7: LAWS GOVERNING THE PROSECUTION OF SEXUAL VIOLENCE AGAINST CHILDREN: 3. 7. 1: The Constitution of Kenya: the bill of rights S. 53(1) (d) states that every child has a right to be protected from abuse, neglect, harmful cultural Practises, all forms of violence, inhuman treatment and punishment and hazardous or exploitive labour. . 7. 2: Sexual Offences Act, 2006: defilement of a child: * Aged 11 years or less- life imprisonment. * Aged between 12-15 years- not less than 20years. * Aged between 16- 18 years- not less than 15 years 3. 7. 3: The Children’s Act, 2001: S. 13(1) provides that a child is entitled to protection from physical and psychological abuse, neglect and any oth er form of exploitation including sale, trafficking or abduction by any person. 3. 7. 4: The Criminal Procedure Code, cap 75 of the laws of Kenya: S. 186 3. 7. 5: The Employment Act, 2007: S. 6 3. : CHALLENGES FOR SEEKING REDRESS IN SEXUALLY ASSAULTED CHILDREN: 3. 8. 1: SLOW JUDICIAL SYSTEM: It becomes very frustrating for the complainant, the children, and those filing the suit on behalf of the children when a matter takes over two years to be resolved. The prosecution tends to seek endless adjournments for various reasons to wit, lack of police file, witness not being in court, absence of the doctor or the investigating officer amongst other things. Courts are supposed to be liberators but instead they have become instruments of subjugation. 3. 8. 2: P3 AND PRC FORM: Defilement victims are required to fill a P3 form after being examined at a government hospital however the P3 form is not detailed and is inadequate to fill. The PRC form was introduced during the national reproductive health strategy 2009-2012 it was meant to replace the P3 form but some doctors have said it’s too detailed and it feels like a research tool, whereas the P3 Form is very basic as it catches the physical state and any injuries to the genitalia, with special reference to the labia majora, labia minora, vagina, cervix and also notes presence of discharge or venereal diseases. The P3 form is supposed to be given free of charge but in some hospitals in rural areas it is sold at ksh. 1500 which they say is the doctor’s fee to go and testify in court and this makes some people prefer to spend that money on other basic needs rather than on a document. 3. 8. 3: POOR INVESTIGATIONS AND PROSECUTIONS: Police prosecutors have little knowledge on the essentials of evidence. This makes their prosecution very poor and the experienced advocates have a very easy time defeating the prosecution case. The police also tend to mishandle exhibits and there are endless incidences of missing police files. There is also a lot of corruption within the police circles especially if the accused person is influential or one of them. 3. 8. 4: CONFLICTING MEDICAL REPORTS: When the victim is defiled they go hospital for first aid, they are then sent to a government hospital for the P3 form to be filled. In most cases the doctor who treat the victim and the one who fills the P3 form give conflicting reports putting reasonable doubt in the prosecution case. 3. 8. 5: CULTURAL AND SOCIAL STIGMA IN REPORTING CASES: In most Kenyan cultures topics on sex are still discussed in hushed tones. The importance of a girl being married as a virgin is still over emphasized. This means that a defiled child is unclean and is hence stigmatised. In some cases the child is even blamed. Some parents silence their children as they believe if people know no one will want to marry them and if anyone does the bride price will be very little. This makes most people opt for other methods of conflict resolution. 3. 8. 6: IGNORANCE OF THE PUBLIC: Despite the many awareness programs and campaigns carried out most Kenyans still have no idea of what they should do in the case of sexual violence. Most will not go to hospital as they do not know about the 72 hours policy. Others will clean the defiled child and the clothes they were wearing hence destroying evidence, making the police reluctant to prosecute due to lack of physical evidence. 3. 8. 7: GENDER DESKS: Police have no skills on how to handle cases of sexual abuse. There are minimum resources to equip and train police officers on how to effectively manage gender desks. 4. 0: CONCLUSION: 4. 1: POSSIBLE AVENUES OF DEALING WITH DEFILEMENT: 4. 1. 1: APPLYING THE EQUALITY PROVISIONS IN THE NEW CONSTITUTION: S. 9: entitles everyone to the right of freedom and security. Which includes the right not to be subjected to any form of violence from either public or private sources. S. 53: Every child has a right to be protected from abuse, neglect, harmful cultural practices, all forms of violence, inhuman treatment and punishment, and hazardous or exploitative labour S. 27: states that everyone is equal before the law and have a right to equal protection and equal benefits under the law. These provisions emphasize that a child is as important as every other person and should be protected. If we emphasize these provisions then we will all take it upon ourselves to protect children from this inhuman practise. Each one of us will know we have a responsibility to protect the child. 4. 1. 2: CIVIL EDUCATION: We need to educate Kenyans that defilement is not the victim’s fault and that emergency measures need to be taken in the case of a child being defiled. they need to understand that it is in the best interest of the child to be taken to a hospital within the first 72 hours as it makes it possible to prevent some sexually transmitted infections. It also ensures that there is unquestionable evidence making prosecution easier. 4. 1. 3: ADVANCED TECHNOLOGY IN COLLECTING EVIDENCE: It may be definite that a child was defiled but at times it becomes hard to connect the accused person to that crime. Measures like DNA need to be incorporated in collecting evidence in defilement cases. This is to ensure that the defence has very little avenues to create doubt as the burden of proof in criminal cases is very high. It will also add weight to the P3 form evidence. 4. 1. : LEGISLATION TO CURB CULTURAL PRACTISES ENCOURAGING DEFILEMENT: As earlier stated in this paper some of our cultures are the reason why we are still struggling with defilement in Kenya. It’s about time parliament enacted laws that curb practises that infringe the rights of children exposing them to sexual violence and exploitation. The government has a responsibility to protect its citizens and children are part of that responsibility. Severe punishments should b e set for parents who marry off their young daughters, those carrying out FGM, those practising things like beading among others. We are our culture however that does not justify inhuman practises that ruin tomorrow’s generation. 4. 1. 5: SPECIAL DESKS IN POLICE STATIONS FOR SEXUALLY ASSAULTED VICTIMS: The government needs to train some officers to specifically deal with sexual assaulted victims. There should be a special desk for sexually assaulted victims where they will be accorded special care and advised on the measures they should take. They should also accord these victims protection from further abuse. 4. 1. 6: HOMES FOR ABUSED CHILDREN: Children being abused in their own homes should be taken away by children officers and placed in homes. This way they will be protecting these children from more harm. They will also give these children counselling and hopefully these children can live a normal life someday. 4. 1. 7: THE SEXUAL OFFENCES ACT: I still feel like the life sentence is too lenient. A person who defiles a child as young as 3months old is not any better than a murderer because a child this young has very few chances of a normal life after that ordeal. I strongly feel castration is a punishment that should be incorporated into the act. No disorder or any other explanation people have attempted to offer can justify this inhumanity and with the rate at which it’s raising people need to realise the seriousness of their actions. 4. 2: IN SUMMERY: Defilement is an evil that’s on the rise every day in this country. And it’s not just the girl child crying out but even the boy child is no longer safe. Children are Kenya’s future and if we don’t destroy this villain called defilement in a few years we will be having a generation of abused, angry and people craving for revenge. This will breed a generation of criminals which means we are destroying Kenya’s tomorrow. So we all have a mandate to stop this evil. I hope by the time i am admitted into the bar I will not experience what I saw during my judicial attachment. 4. 3: ACKNOWLEDGEMENT: I would like to thank the school for the chance and support through my judicial attachment. I would also like to thank madam Ireri, Limuru resident magistrate, for her devoted support and all the Limuru court staff in general. 4. 4: RECOMMENDATION: I recommend this this report to NGOs dealing with sexual violence and children rights, Legal scholars and the public in general. 5. 0: REFERENCES: 5. 1: STATUTES: 1. The Sexual Offences Act,2006 2. The Children Act 3. The Constitution 2010 4. ANPPCAN Kenya chapter. 5. The UN Convention on the Rights of the Child. 6. Limuru Law Courts Case Law 5. 2: OTHER SOURCES: 1. J. Wanjiku Khamasi & Wairimu Muita. (1991). WORLD HEALTH ORGANISATION. Media Coverage of Sexual Violence and its Implications on Educational Leadership. retrieved August 08,2011, from www. kaeam. r. ke/e-journal/articles/vol1/wanjikufulltext. pdf 2. Kenya country profile. (April 2009). Retrieved August 08, 2010, from www. cartercenter. org/peace/human_rights/defenders/†¦ /kenya. html 3. Sasha Hart. (August 9 2011). Police (in)action as an access to justice barrier for â€Å"defilement† victims. Retrieved august 12, 2011, from www. blogs. mcgill. ca/humanrightsinterns/2011/08/09/police-inaction-as-an-access-to- justice-barrier-for-defilement-victims/ 4. Christine Kung’u. (January, 24 2011). â€Å"160 Girls† University of Toronto, IHRP Panel Presentation. Retrieved August 12 2011 from, www. theequalityeffects. org/pdfs/160%20girls. pdf 5. Standard team. (June 1 2005). Shocking statistics on fathers defiling daughters. Retrieved August 13 2011 from, www. groups. yahoo. com/group/MahdiUnite/message/7472 6. Winnie V. Mitullah. (July 1997). violence against women. Retrieved August 15 2011 from,www. ieakenya. or. ke/documents/Profiling%20Women%20in%20Kenya. pdf 7. Gender sensitivity. (February 2000). Retrieved on August 17 2011 from, www. unesco. org/education/mebam/module_5. pdf

Friday, August 30, 2019

My Inspiration on my life Essay

As I thought of who I admired most and was successful at their job, I began to think of famous people and people involved in my academic and athletic careers. I realized that I was looking at the wrong people in my life. These people have passed through my life, yet the person who had the most impact was one who affected me every day. My mother, by far, has had the greatest impact on my life and I admire her far more than anyone else. Her heart and determination are something that I can only hope that I too will someday have. The reason my mom is successful at her job and I admire her so much is that, without her I would not be able to do the basic things that I do today. She taught me so much and has had a huge impact on my life. My mother may not be the top of the charts at her job that she works on the week days (Working at the Pentagon), but she over achieves in her job of being a mom. She is successful at her job because she was able to raise my sister and me to be the people we are today, from the very beginning of our life to now. I have watched her struggle with running a household, giving my sister and me rides, and working every week at her job. I did not realize as a young child how much courage, strength, and determination it took to take on this work. She never hesitated to drop everything to rush my sister and me to dance, soccer, church, or wherever we needed to go. I could always look up from the sidelines of a game to see her cheering me on. She has never given up on me and she always tries her hardest to do what’s best for me. I admire my mom far more than anyone because even though she might have been having the busiest day of her life, she always somehow made time for family. She also taught me that if you believe in yourself you can achieve anything. She would push me harder to help me accomplish my goals and she taught me to do things with 110% effort. My mom has shown me that with determination and perseverance one can accomplish a nything. I have seen my mother give up as she struggled to be a better person, raise a family, and work a job, but she has always supported me in all my choices. She strived to make my sister and me strong people with independent minds. I look to her in hopes that someday I will be as happy, as strong, and as well-spoken as her. She has taught me the most important thing in life – never give up on your dreams. I thank her dearly for helping me become who I am today. I would have never made it as far as I have without her help. Read more:Â  The person I admire essay example

Reflective Report for Introduction to Financial Accounting

Reflective Report During the last term, i have had learned some knowledge from the subject called introduction to finical accounting. For me, this is the first time I had chance to learn this subject, before that I just heard some information about IFA by reading the FT newspaper and watching the news. When I start learning that, this subject gives me the impression that it is difficult to understand. During the past few months, I can say I already mastered some of the skills in IFA.I can still remember the first lecture I had learned was the definition of the â€Å"Accounting Equation†, I can conclude that the most important thing you must master is you should try to distinguish the meaning of the capital, assets and liability. Assets are economic resources of the business that are expected to bring benefits for the business in the future, the Important point is it can bring you benefits in the future instead of consuming at the end of the year. Capital, we can also called ow ners’ equity is the economic resources that was contributed by the owners of the business to the business.The last component is liability which is the name given to the amounts owing to these people or organizations for these assets. The format of the accounting equation is capital + liabilities = assets. When I learn this subject, I think the interesting part is the double entry which is the basic part of the whole subject. What I have learned is each transaction requires one debit entry and one credit entry and for each pair of entries: the left hand side must therefore equal right hand , only you know how to put the items into debit part or credit part can you prepare the account correctly.In my opinion, mastering this skill essentially is very necessary for my future careers. I think the future financial professional is not limited in numeracy skills. The reason is this area is requiring the accountant have ability to be able to explain and analyze the transactions, maste ring numeracy skills is essential for every accountants but I think the most important factor is having an analytical ability in order to deal with different types of transactions efficiently.Back to the subject, besides the double entry, the next basic point is the transactions analysis, which is very significant to future professional, always be awareness of professional judgment and personal effectiveness. When we going to analyze one transaction, the first thing we should concentrate on is transaction whether cause stock to increase or decrease. Stock increasing consists of the purchase of additional goods and the return into the business goods previously sold. However, stock decreasing involves the sale of goods and goods bought by the business now being returned out to a supplier.When you handle one transaction the first step is going to prepare Journals, determine nature and double entry of each of the transactions. The second step is open up T-account and post entries as you go through the Journals. Once posting complete, â€Å"Close† accounts for the month. The third step is transferring all ledgers to trial balance. It required the total of all debit balances should equal the total of credit balances. I also learn how to prepare the statement of income, according to the format gross profit= sales – cost of sales, calculate the gross profit then plus other income and minus expenses calculate net profit or loss.The next stage is starting to prepare the balance sheet. The balance sheet comprises those accounts with balances that not included in the income statement. A properly drawn up balance sheet should have five categories of entries: Non-current assets, Current assets, Non-current liabilities and Capital. All above these skills support me to develop the technical and functional expertise gradually. The skills I have developed are all for preparing accounts manually. Tutor also takes highly of the importance of using MYOB project.In ou r day-to-day studying time, most of time we prepare accounts manually, but we also should try to use a computer package to prepare accounts. Let me indicate my feeling when I use MYOB. When I handle one transaction I should create one computer and write related information in detail, then start to prepare a journal according to the transaction. Write the date accordingly, when I use this software, I don’t know where to start. I find the significance of understanding double entry; you should know each transaction whether is assets account capital account liability account.If put it in a wrong entry, what we have done is all in vain. I ought to also prepare account for bank, purchase, sales and depreciation, this procedure is a little complex. When I prepare T-account at the same time I must recorded. Return back the main menu select the report, it shows the trial-balance, different statement of income and statement of financial position, all of that will appear automatically i n place of preparing manually. Have ability to good use of MYOB project is very necessary, which will avoid existing of errors so as to save time and help you become professional.Through MYOB project and prepare account manually, I am aware of the importance of numeracy skills to a future financial professional. Numeracy skill means have ability of counting correctly, distinguishing between sets of unequal quantities, operations such as subtraction and addition. So, numeracy is a foundation of the financial professional in order to make sure the transaction smooth going. Moreover, IT skills are playing an important role to the financial professional, according to Professor Jane K.Winn (2000) of the University Of Washington School Of Law, â€Å"Financial institutions were at the forefront in creating the global information economy as it exists today. † We can conclude that finance cannot live without information technology skills. Information technology concentrates on the gro wth of electronic networks that exchange information. The reason why IT is so important for financial professional is that all financial transactions contain the exchange of information, the increasing popularity of online finance accorded with advances in IT fields.After finishing the bookkeeping test, I can summarize some of my learning experience and I have my own notions in learning some of difficulty parts. The learning style I preferred is when you are taught a new topic, you should fully understand it immediately in case of delaying it into another day. In addition, you’d better do a revision at the end of the weekend; this will help you master this topic better. However, I also suffered some difficulties during the last few months, when I learn a topic called depreciation; I always confused with depreciation for non-current assets and disposal.Therefore, . I always prepares wrong account for disposal and provision for depreciation due to the wrong depreciation figure. Though, I try to find out the effective method to solve this problem. Try to distinguish the time that owner buy or sale the machinery so as to prepare the cost account and provision for depreciation account properly. The core point is loss/profit on disposal that will always ignored. I always remind myself to balance the disposal account as the first step, after that working out the loss/profit on disposal, finally put it into the income statement.The provision for doubtful debts account has a similar issue as the disposal account. In my view, the most annoying thing is combine the expense account with the accrual and prepayment account, it always made me crazy. But I never give up; always keep the faith to solve these problems. I think the best way to avoid this confusion is totally up to you. Once you have made a mistake, you must discover the weakness of this part and try your best to solve this problem so that you will never make the same mistake over and over again.This metho d would not only be helpful for your learning in the future, but also would bring a surprise and achievability to you. Another main point is being awareness of cooperation. Through discussing with your friends, you can also easy to find the solution. My tutor helps me a lot during the last few months as well. He told me how to analyze the workshop questions step by step. When I was in trouble, he inspires me a lot and helps me to solve the problems. As the year progresses, I changed a lot. Those skills I have developed helped me become more logical and meticulous when deal with the different types of accounting transactions.Additionally, I have made my brain more clearly by writing the reflective report. I can reflect on what I have learnt last term and which parts should I improve? After doing my learning experience, I find an effective way to prepare accounts and analyze transactions. Thinking a lot and doing more exercise will also bring me more benefits for my exam and future ca reer. Reference: Jane K. W (2000), University of Washington School of Law: Catalytic Impact of Information Technology on the New International Financial Architecture†

Thursday, August 29, 2019

University dropout Essay Example | Topics and Well Written Essays - 1250 words

University dropout - Essay Example n England had low level of dropout rates (Dearing, 1997; NAO, 2007), the recent data shows that there has been considerable increase in the university dropout rates with only 78.1% of students completing their degree. (Vignoles and Powdthavee, 2008) There are numerous studies contributing towards the cause of dropout while exploring the several aspects of the problems like intellectual, emotional, motivational, interpersonal and attitudinal characteristics. R.E. Pandey (1973) states that though there are several studies on the issue, continued research would enable us to serve at least four important purposes like giving additional reliability to the dominant factors found to the cause of dropout across geographical and social conditions, improve the effectiveness of psychological measurements, compare the findings between the old and new studies and provide up to date information to the educators and counsellors so that they can formulate strategy for the retention and withdrawal of students. A ‘dropout’ is an individual who does not complete or is not able to complete his or her education due to geographical, socio economic and political factors. The present paper attempts to understand the causes for the dropouts in universities by analysing the data gathered from London Metropolitan University. According to Higher Education Statistics Agency increasing number of students will dropout from the universities as more people go into higher education from the so-called non traditional backgrounds, who may be first time university goers, don’t have the experience of relatives and wider social networks to draw on. As per the data revealed from the Higher Education Statistics Agency, 7.4% students left after a year in 2007 as against 7.1% in 2006 which shows that there has been considerable increase in the university dropout rates. According to Gardner, (2007), there are at least 10,000 students who drop out of their degree courses because they feel

Wednesday, August 28, 2019

Briefly discuss, using specific examples, the issue of vaccine safety Outline

Briefly discuss, using specific examples, the issue of vaccine safety - Outline Example They argue that the effectiveness and safety of vaccines are not guaranteed. Issues surrounding the safety of vaccines are based on the fact that the use of vaccines has been associated with health problems that occur as side effects upon using vaccines. Specifically, autism has controversially been a condition that has been linked to the use of vaccines, with children within the relevant age bracket being the most vulnerable. In this regard, parents have raised concerns over the underlying risks in vaccine use. Governments, states, and more especially medical interventionists are embarking on monitoring health status of most vaccinated patients in a bid to ensure that vaccines remain safe, over and above being effective (Miller, 2009, p.173). While most vaccines have passed safety tests, cases of vaccines that are not safe cannot be ruled out. The occurrence of health problems that result from vaccines also remains an open phenomenon, thereby necessitating intensive analysis of vaccines’ side effects and subsequent health complications that they are likely to

Tuesday, August 27, 2019

Gender and sex Essay Example | Topics and Well Written Essays - 750 words

Gender and sex - Essay Example Let’s first talk about gender. Gender is something that is defined by the society, and not by Nature. That is why, gender is not natural, because it can be modified, recreated, and protested against. Sex is natural. One culture will define an actual man who beats up his wife; while another culture will consider a person a man considering his height and voice. Some cultures define a woman as a person bearing children; while, others will define a woman as individuals with delicate stature. These are all the gender roles that every culture assigns to men and women, thus associating these roles with one gender. Generally speaking as in all cultures, male gender is associated with roles like going out for jobs, playing games, joining clubs, and becoming politicians; while, female gender is associated with roles like running a house, bearing children, raising them up, doing grocery, serving the family, and the like. Thus, we assign specific roles to one gender, and call it man or wo man. Biologists talk about gamete size when defining sex; but, culture talks about power and freedom while talking about men; and, about frailty, sex and cowardliness while taking about women. This distinction of gender is defined by the society depending upon the societal roles. ... They are obnoxious toward reverse gender roles. Stephen (2002, 50) gives example from Latin America, and states that, â€Å"As the Spanish explored northern Mexico, which later became the American Southwest, they found same-sex sexual interaction among men and men who seemed to be dressed like women.† This shows that gender can be adopted. Also, Kulick (1997, 574) describes in his paper how the Latin American society generates diverse arrangements of gender, consisting of men and not-men, instead of men and women. Hence, gender and gender roles are changeable, and this is the main difference between sex and gender. So, gender is not natural. Now, let’s talk about race not being natural. Races do not exist, because there is no biological category of races. It is also, like gender, a theory constructed by society. Someone belonging to a specific geographical location, with features resembling the people of that geography, belongs to a certain race, as defined by the socie ty. But those features could have been changed if someone was raised in a location different from that of his ancestors. Hence, race cannot be passed on to the next generation, because it is not based on biological facts Goldstein (1999, 564) also states that race is not just determined by phenotype, but by context. The idea of race not being natural is a bit hard to understand when compared with gender. Simple is that race is defined by geographical distinctions, and these distinctions are not defined by nature. Races only make divisions of otherwise disordered biological patterns, as the separation of these biological patterns makes it easy to allocate resources between populations. In the film, â€Å"Blacks in Latin America†, we come to know that blacks in Latin America

Monday, August 26, 2019

Analytical review on the presentation on women in shakespaeres sonnet Essay

Analytical review on the presentation on women in shakespaeres sonnet 130 - Essay Example "Many critics read this poem as a parody of contemporary love poetry and it certainly has a mocking tone. Some critics suggest that Shakespeare is satirising the conventions in order to mock the Woman." (Raymond, 167) Through description of the woman's physical beauty and her characteristics, Shakespeare affirms his conception of women and, indirectly, challenges the representation of women in the traditional literature and romantic poems. In a reflective analysis of the portrayal of women in literature through various centuries, it becomes lucid that women have been portrayed differently by writers of different ages and there is a note of cynicism by the time of Shakespeare who breaks the conventional image of the mistress in his sonnet 130. Chaucer's Wife of Bath is the stereotype of women during the period, who is a champion of female rights, and there were several other stereotypes of women, by the 16th century, promoted by the courtly love tradition and the emergence of the sonnet and Arcadian idylls.

Sunday, August 25, 2019

INCIDENCE AND PREVALENCE REPORT Essay Example | Topics and Well Written Essays - 2000 words - 1

INCIDENCE AND PREVALENCE REPORT - Essay Example Therefore, it is clear that incidence is totally different from the rate of prevalence in the sense that the incidence rate aims to measure the possibility of developing new cases of disease within a given period of time whereas the prevalence rate aims to measure the percentage of population that has already been diagnosed with a specific disease (McGrath et al., 2008). As a type of chronic brain disease, there is no cure for schizophrenia but is highly treatable (Kahn & Fawcett, 2008, p. 383). Schizophrenia is often characterized by having a distorted speech, perception, and thoughts. For this reason, it is difficult to handle cases of schizophrenia not only on the part of the patients but also amongst their family members and caregivers. To give the readers a better idea with regards to schizophrenia, the first part of this report will purposely discuss basic information about schizophrenia including its signs and symptoms, common age affected by schizophrenia, and current treatments. The main purpose of this report is to gather, compare and contrast the incidence and prevalence rate of schizophrenia in Calgary (local city), Alberta (provincial), Canada (national), and the world (global). To gather up-dated information about the incidence and prevalence of schizophrenia in these four (4) levels, a wide-range of online resources will be utilized in this report. Schizophrenia is a type of mental health problem that can equally affect both men and women (McGrath et al., 2004; Aleman, Kahn, & Selten, 2003). Even though Jablensky (2003, p. 212) strongly suggests that the incidence and prevalence rate of schizophrenia are comparable across populations, the research study of Goldner et al. (2002) proves otherwise. After conducting a systematic review of literature (between the 1st of January 1980 and the 31st of December 2000) with regards to the incidence and prevalence rate of schizophrenia, Goldner et al. (2002) found out that with a variation rates between

Saturday, August 24, 2019

Tata Nano International market Essay Example | Topics and Well Written Essays - 2750 words

Tata Nano International market - Essay Example In some sense, the market was flooded with their products and a hedge existed to bar new entrants into this market category (McLoughlin and Aaker, 2010, p. 121). Tata Nano could not compete favorably in this category of the market because its products due to the presence of the stronger brands that had controlled the segment for years. Its pioneering entry into the ultra-low-cost market had the implication of expanding the market niche in the country in ways that increased possibilities and opportunities for local and international players. The growth of this segment of the market resulted partly from the synergies of globalization and liberalization of the market economy. These global forces helped Tata Nano to establish a strong operational base since the growth in the purchasing power of the middle class signaled the ability to own cheaper cars that could align well with the needs of the industry (Thakur, 2009). In general, some of the issues that affected the choice related to th e desire to invent alternative ways of business practice with regard to the global car industry. In essence, some of the issues that related to the growth of the industry revolved around the need to provide the clientele with alternatives away from the generally acceptable ways of conducting business. In this regard, Tata Nano became revolutionary in the manner in which it contributed to the realignment of the global car industry as perceived from the perspective of industry players. Essentially, the need for alternatives was necessitated by the apparent inequalities that favored global players at the expense of the local investors. Strategically, the choice for the ultra-low-cost car market positioned Tata Nano on a vantage position from... Center of discussion in this paper is Tata Nano as one of the companies that created the most innovative approaches in the global car industry. Its intention of manufacturing cheap and user friendly cars received positive remarks from the global markets. Although originally intended for the Indian middle class and low-income earners, the Tata Nano model has spread to other parts of the world. It also continues to receive diverse responses from various sections of the global markets. However, there is a sense in which the company continues to contribute to consistency in growth in car innovations. Some of the challenges that have affected the development of the Tata Nano model relate to the marketing strategies that have had the unintended consequence of lowering its prestige of the car. This effectively locked away the car from the higher-level income of clientele. Much of Tata Nano’s potential lies in the emerging markets. The growth of Tata Nano is tied to the development of new market segments previously ignored by established global players in the industry. It might be necessary to consider the fact that some of the issues that afflict the growth of the industry relate to the relative potential of other companies to engage with the markets and other aspects of business. It is recommended for the company to embark on aggressive marketing strategies that might help the company in redeeming some of the image lost through its single-angled dimension of marketing.

Friday, August 23, 2019

The Origins of the Holocaust Essay Example | Topics and Well Written Essays - 500 words

The Origins of the Holocaust - Essay Example In general, scientific racism has always prevailed during the colonial policies pursued by the developed European countries in relation to other cultures and peoples. Apotheosis of scientific racism could be observed during the existence of Nazi Germany. It claimed that the Germans were the most advanced human race, while other cultures and peoples were primitive. In this regard, the Jews were seen as the most insignificant people, and therefore anti-Semitism was seen as rather justified policy. Scientific racism can be seen as an ideology that argues the superiority of one people over another one. Racism first received its scientific basis during the Enlightenment, in particular, in the works by Charles Linnaeus (Hossain). The feature of the racial classification proposed by Linnaeus was that it determined the degree of importance of individual nations based on an analysis of their mentality. In particular, Asian and African nations, as well as Native Americans were endowed with negative qualities such as baseness, vileness, a low level of intellectual abilities, etc. Against the background of these peoples, the Europeans were considered as carriers of the most positive qualities, such as erudition, the high intelligence, ingenuity, honesty, a high level of compliance with the law, etc. Such an understanding of the significance of various peoples allowed the developed European countries to carry out the colonial policy based on the idea that the advanced countries had the right to colonize the peoples who had a low level of culture and civilization. Nazi Germany used and developed a whole arsenal of the ideology of scientific racism that had existed previously. Scientific racism presented in Nazi Germany relied on the various arguments for the superiority of the German nation over other nations. Not only biological but also mental qualities

Thursday, August 22, 2019

Financial Analysis Research Paper Example | Topics and Well Written Essays - 500 words

Financial Analysis - Research Paper Example On the other hand, the industry average current ratio or liquidity ratio was observed as 1.19% (assuming that the revenues and expenses have increased proportionately maintaining stability in the industry structure) (The Brandow Company, 2010). The company’s current ratio and the industry average current ratio is represented below graphically, With reference to the obtained data, it can be evidently stated that the company possesses competitive strength in terms of leverage. It is worth mentioning that liquidity ratios depict the relationship of the company’s liquid assets or current assets with its current liabilities that in turn confirms the financial balance within the company (Brigham & Houston, 2009). As apparent from the chart represented above, the liquidity ratio or current ratio of Can Go is quite higher than that of the industry average. Thus, it can be stated that Can Go possesses significant competitive advantage in terms of liquidity in the industry. On the similar context, the debt ratio of the company is calculated to be 1% which is below the average industry debt ratio, i.e. 1.58% (The Brandow Company, 2010). It can be represented through chart as following: It can be apparently witnessed that the company possesses noteworthy risk in terms of debt balances. Notably, debt ratio indicates the flexibility of an organization to repay the debts incurred at a specified time period with ease and efficiency (Brigham & Houston, 2009). Therefore, with a lower debt ratio than that of the industry average depicts that the company shall have to face significant challenges when repaying the debts efficiently to its creditors. With an in-depth point of view, the profitability of the firm can also be identified as poor in comparison to the industry average ratios. For instance, the profit margin (0.11%) and return on total assets (0.02%) of Can Go are observed to be

The Relationships Among the Four Functions Essay Example for Free

The Relationships Among the Four Functions Essay The four functions of management are planning, organizing, influencing, and controlling. These functions are interrelated because the performance of one depends on the performance of its predecessor. While each is equally important on its own, I believe that the functions are a part of a process that must be viewed and implemented as a whole. First, planning involves choosing the tasks that are to be performed to meet the organization’s goals. Next is organizing, which is the process of assigning the tasks to the people responsible for getting the job done. Then there is influencing which is the guiding of the activities of the people assigned toward a desired end. And finally, there is controlling the process of gathering and comparing information to determine whether a project, or organization, is on track or needs improvement. Once you have done the planning, and organized the players to complete the tasks, you must influence the players by getting them to buy-in your plan. In this function you are being more of a â€Å"coach† than anything. A manager’s influence over the personnel assigned and how they approach the organizations goals is key. How to motivate, lead, or direct them toward the goals is the primary goal. In a sense, influencing is a way you can obtain the fourth and final function, controlling. The fourth function, controlling, involves possible modification to existing plans, organizational structure, or the motivation system used to develop a more successful effort. Being able to measure the performance of the personnel who have responsibility for the assigned tasks, will enable one to compare this to expected standards, then either influence them towards more positive gains, plan additional tasks, or continue to monitor progress towards goals. As you can see, each of the functions, while separate, are inextricably intertwined and necessary for the effective management of a project, or the organization as a whole.

Wednesday, August 21, 2019

Effects of Bullying

Effects of Bullying IS BULLYING COOL? Have you ever come across the word bullying before? Bullying is deliberately targeting someone who is different or vulnerable and intimidating them. Bullying is often repeated. It is aimed to belittle the other person and hurt them physically and emotionally. It is typically directed at certain groups or sorts of individuals such as a person from a certain background, race, religion or sexual orientation. These are just a few examples of why a person could get bullied and there are many more unexplained reason. The effects of bullying and why it needs to be countered There are many long term and short term effects bullying can have a person. The effect could vary on the type of bullying subjected to that individual but the lasting effects are always detrimental. Bullying effects a persons character development A recent study proves that a person can still be effected by bullying even after four decades. This shows how bullying effects the development of a childs character. It is shown that victims of bullying carry those feelings of doubt and insecurity about themselves through adulthood. This will often lead to suicidal thoughts and long term depression. Children who are bullied often have low self-esteem which they with them to adulthood. Would you want this to happen to you? Bullying effects a persons socialising skills Bullying could leave the victim feeling withdrawn from society and have a negative view on socialising. The victim of bullying often feels inferior and in doubt within society. This often leads to the victim being bullied again .The victim is often being left out of social norms and has a negative view on socialising. Bullying also makes the victim unable to overcome feelings of despair and subsequently lack the skills of social integration which means the idea of making friends becomes near enough impossible. This is because bullying changes the mentality of a person, by falsely making them believe that they are, always not worthy of attention. It is a very sad situation to be in. Effects the persons studies and academic background Over thousands of students are absent and miss school on a daily basis across the country because of the residing fear of being bullied. Bullying is a major concern in school institutions as students do not reach their maximum potential and ability when they are not in a safe and friendly environment. Bullying in a school makes the student feel afraid and despise the idea of attending school. Consequently, significant qualifications such as GCSE and A-level grades take a hit which means the prospect of progressing onto University becomes bleak. Suicide rates A recent study shows that 50% of suicides cases amongst the younger generation are related to bullying. Suicidal thoughts are the most severe effects of bullying. Many young children and adults alike have taken their lives because of being traumatically bullied in school. In recent news a young boy of only twelve years committed suicide after being subjected to harsh bullying after joining a new secondary school two weeks prior to his unfortunate death. The young boy was found hanging in his bedroom. There can be many factors leading up to suicide such as depression, low self-esteem and feeling worthless, are all feelings which are stimulated by bullying. Could you live with the guilt of knowing that you led someone so far? No? Then speak out against bullying before it is too late. Psychological effects of bullying There are many psychological effects which bullying has on a person. Bullying effects a person psychologically as it makes them believe that they are in the wrong even if theres not an explanation for it. It is like being in a constant state of doubt It makes them believe that they are worthless. This often leads to the victims developing depression and anxiety. To overcome symptoms of depression and anxiety many people take medication or consume alcohol. This can lead them to abusing these substances and relying on them on a daily basis, turning them into monsters of stress and anger. Also the psychological effects could be that victims of bullying turn to self-harm. Self-harm is deliberately punishing and hurting oneself in order to express their feelings of hurt and anger; a cry for help in other words Personal experience One of my close friends developed all these psychological effects at an early age in his life. He was bullied because of the appearance of his ears. Joking turned into teasing, teasing turned into swearing, and swearing turned into physical violence. Still he kept quiet. He was told many times that he was a freak and he should go kill himself. This in turn made him very depressed and suicidal. I would often ask him about the unexplainable cuts all over his arms. He would just shrug in response. He was publically shamed as a video of him was put onto social media. The video went viral and gained attention of all the people of the community. He was labelled as the beast of Birmingham. After the video was posted he went missing for weeks. No one could find him. After two months he was found. He had hung himself under a bridge. His well-known pair of ears were cut off with a pair of blunt scissors. This is just an example of the severity of bullying. Shocking isnt it? What you can do Anyone can help eradicate bullying and make a big impact on a persons life. Do not be a bystander, whether the bullying is in a school or online. If you witness bullying stand up to it or tell a teacher. You wont be considered a snitch or tell-tale, just think of it as saving someones life. Youll be a hero.

Tuesday, August 20, 2019

Stock Options With Fixed Exercise Prices

Stock Options With Fixed Exercise Prices Table of Contents (Jump to) 1 Introduction 2 Fixed Price Options versus Indexed Options 3 Case for Indexed Options 3.1 Compensation for Relative rather than Absolute Performance 3.2 Protection of Managers during Market Downswings 3.3 Reduced Expected Costs 4 Case against Indexed Options 4.1 Unpredictability 4.2 Difficulty in Controlling Compensations 4.3 Larger Deadweight Costs. 4.4 Tax Treatment 4.5 Reluctance of Managers 5 Reasons for Choosing Alternatives of Indexed Options 5.1 Requirements of Firms 5.2 Sensitivity of Payoff 6 Empirical Evidence 7 Conclusion 8 References 1 Introduction The principal-agent problem has long been a matter of discussion within organisational institutions. As a matter of fact, the owners of a limited company normally elect a Board of Directors to control the business’s resources on their behalf. However, conflict arises among these managers and shareholders due to their different objectives. As owners, shareholders would want to maximise profits while managers may want to maximise sales, build empire buildings and enjoy perks. To align the interests of both stakeholders therefore, compensation of managers should be linked with the firm’s performance. One way to do this is the introduction of options: fixed price options and indexed options. Basically, an option is a financial derivative representing a contract that gives the buyer the right, but not the obligation, to buy or sell an underlying asset at a specific price on or before a certain date. An option, just like a stock or bond, is a security. Fixed price options and indexed options differ significantly from each other. For the purpose of this assignment, we will discuss how indexed options provide a better case compared to fixed price options. 2 Fixed Price Options versus Indexed Options Fixed price options whose exercise price is already agreed upon and will remain the same until expiration date. The option exercise price is usually set equal to the stock price at grant. When an executive is given a fixed price option as a means compensation, two situations can arise. If the share price rises above the exercise price, the executive gains. On the other hand, the executive receive absolutely nothing if there is a decrease in share price In contrast, an indexed option is a stock option whose exercise price is connected to a benchmark index, which may be a specific sector index or a broad market index. Indexed price options have unknown selling price when contract is being made, and the final price of the option depends on market status on the expiration date. A change in the absolute value of the share will have no effect unless thecompanyoutperformssomestatedindex suchastheSP500 or a group of peers. Then only, the optionwillbeexercised. 3 Case for Indexed Options 3.1 Compensation for Relative rather than Absolute Performance Fixed price options reward performance in absolute terms. If the share price increases, the executives are rewarded in spite of rising market trends being unconnected to managers’ performance. Executives are still rewarded if competitors’ or the market have performed better. Similarly, when the share price falls, no rewards are given even if the firm did better than its peers. On the other hand indexed options reward relative rather than absolute performance. Hence, executives do not enjoy windfall gains by luck in rising markets, but by their performance instead. Only if the company performs better than the market or its peers that the executives can cash in. The executives have therefore further incentives to deliver good performance. The example below gives a better idea of how indexed options actually reward relative performance. XYZ ltd.’s equity stock is currently selling for $100 per share when the market (benchmark) index is at a level of 1000. XYZ limited grants an option to its CEO which enables him to purchase an option consisting of 100000 shares at an exercise price of $100, but the same will move in line with the market in future. Taking a specific case, the CEO is given indexed options. The value of the option granted to the CEO under 4 various scenarios is shown in the table below. Value of Indexed Option under Indexed Options SHAREPRICE INDEX Rises Falls Outperforms the index Index: 1150 (by 15%) Exercise price: $115 (by 15%) Stock price: $120 (by 20%) Value of option: $500,000 Index:850 Exercise price: $85 (by 15%) Stock price: $90 (by 10%) Value of option: $500,000 Underperforms the index Index: 1150 (by 15%) Exercise price: $115 (by 15%) Stock price: $110 (by 10%) Value of option: $0 Index: 850 (by 15%) Exercise price: $85 (by 15%) Stock price: $80 (by 20%) Value of option: $0 Table 1 From Table1, indexed options only reward the CEO when the companies’ stock outperforms the market, even if indexes have increased or decreased. They have a fair way of rewarding CEOs; they do not reward under-performingexecutives nor do they penalize superior performers whenever the market index has increased or decreased in respective cases. This is a convenient way of keeping CEOs motivated and thus encourage them perform well in their duties of decision making for a company’s investment. In general, indexed options reward superior performance under all market conditions. However, if the same example is taken in the case of fixed price option, and that there is a 5% change in the share price, the scenarios will differ as follows: Value of Option under Fixed Price Options SHAREPRICE RISES Exercise price: $100 Share price: $105 (by 5%) Value of option : $500,000 EXERCISE OPTION FALLS Exercise price: $100 Share price: $95 (by 5%) Value of option: $0 NOT EXERCISE OPTION Table 2 As shown in Table 2, when the share price increases from $100 to $105, the option is exercised to the benefit of the manager. The latter receives a compensation of $ 500,000. In the reverse case, when the share price falls to $95, the shareholders gets no compensation. 3.2 Protection of Managers during Market Downswings In the case of fixed price options, executives are not rewarded when the market is declining because share prices are below the exercise price. However, indexed options can well reward managers in bearish markets as long as the decline in the company’s stock price is less steep than that of his peers. Indexed options reward better performers. 3.3 Reduced Expected Costs Traditional options plans reward employees as long as the share price is higher than the grant price. However, indexed options eliminates the possibility that managers can be compensated for share price movements that are unrelated to what they might have done. Thus it helps a firm to remove or lower undeserved compensations. A study by J. Angel and D. McCabe values that the expense of providing conventional options to executives at the 100 largest NYSE-listed companies is 41 percent more than the expense of providing options that take out market outcomes. The lower expected costs against future earnings of indexed options compared to fixed priced options can only be to the advantage of companies. 4 Case against Indexed Options The advantages of indexed options over fixed price options are flagrant in light of the above. However, the application of indexed options is still rare. They lag behind fixed price options in many ways. 4.1 Unpredictability Unlike indexed options, fixed price options brings predictability and certainty to a transaction due to the fixed exercise price. Through the characteristic of ‘all or nothing’, the manager will exercise, and therefore make money, if and only if the firm’s stock price is above the exercise price. 4.2 Difficulty in Controlling Compensations Budgeting and forecasting business costs are made easier using fixed value plans. They allow for firms to plan and control how much compensation to offer to employees. Retention risk, in particular concerning non- executive staff members, can be largely minimised when compensations are close to that offered by rival companies. Indexed options, on the other hand, can cause large discrepancies in compensations and the loss of key employees. 4.3 Larger Deadweight Costs An indexed option plan has a greater deadweight loss compared to a traditional option plan. This is because, with agency problems, where the interests of owners and managers do not always line up, there is the need to expose the managers to firm-specific risk to encourage a specific type of behaviour. However, this means that they are unable to diversify their portfolios to their full potential, exposing them to both systematic and unsystematic risks while compensating them only for the systematic portion of risk. Consequently, managers will always value their equity-based compensation at less than its market value. 4.4 Tax Treatment So as to obtain favourable tax treatments, a company can grant incentive stock options. However, according to the 1994 US Code, this entails that the option price should be less than the fair market value of the stock at the time such an option is granted. In this case, it implies that the option price be fixed on the grant date. 4.5 Reluctance of Managers Managers are unwilling to accept a compensation plan based on relative performance. This is because in the case of fixed price options, when the stock market performs well, they reap high rewards for stock price performance unrelated to their own efforts. Managers are reluctant to forego the potentially huge rewards conferred by the bull market, especially when they estimate that a downturn is less likely to occur in the stock market. 5 Reasons for Choosing Alternatives of Indexed Options Besides, it should be noted that indexed options are not suitable in all cases. Some reasons are illustrated below and the corresponding alternatives are also suggested. 5.1 Requirements of Firms Compensation systems have the following functions: to compensate managers for completed work, to reduce principal-agent costs by more closely aligning managers interests with those of shareholders, and to retain the manager. Compensation that accomplishes one of these functions successfully may not carry out the other functions of a compensation system as effectively. Stock options, for instance, serve to align incentives. However, a firm where incentive alignment is not that important, would not be keen to use stock or stock options to compensate its managers. It would rather use cash compensation Cash avoids the deadweight costs that accompany any equity-based compensation plan. 5.2 Sensitivity of Payoff Indexed options do not work as expected in practice. Instead, their payoff tends to be highly sensitive to market price movements. As the market increases, the value of the variable-exercise-price option increases too. For example, Lisa Meulbroek of Harvard Business School shows that the estimated value of an option indexed to the SP 500 rises by 15% if that stock index rises by 15%. Clearly, indexing does not even achieve its aim; separating the general market movements from the movements in the value of the option. An alternative design that rewards managers only for performance and not for that is due to overall gains in the market or industry can be considered. Instead of using the firm’s stock as an underlying asset, an alternative design employs a performance benchmarked portfolio. Under this proposed structure, the value of the portfolio changes to reflect the firm’s performance, net of market and industry effects, while the exercise price remains fixed. (Meulbroek, 2001). 6 Empirical Evidence A brief empirical review will determine whether relative performance is compensated in practice. We also explore if indexed options are indeed better than fixed price options. According to Gibbons and Murphy (1990), chief executive officers are compensated upon relative performance. It was found that there is a positive and significant relationship between the remunerations of CEOs and the firm performance, but an inverse and significant one with the industry and market performance. On the contrary, Bertrand and Mullainathan (1999) report that CEOs are remunerated for market-wide and industry movements that they perceive as luck. However firms that are better managed reward their CEOs less for such market movements compared to other firms. Sloan (1993)’s also found that CEO compensation depends on earnings so as to help separate market movements from the reward. With regard to the effectiveness of indexed options, in their works titled â€Å"Indexing Executive Compensation Contracts† in 2013, Ingolf Dittmann, Ernst Maug and Oliver G. Spalt gave empirical evidence that indexed options provide incentives at a higher cost than conventional options. 7 Conclusion In light of the above, it is observed that stock options with fixed exercise prices do not properly link managers’ performance to compensation since they relate to absolute and not relative performance reward. Indexed options have higher incentive advantages over the fixed price option since it takes into account the skills of the executives. It is also highlighted that indexed options result in a lower compensation costs than equivalent fixed price options. Nevertheless, the drawbacks and suitability of indexed options should not be ignored either. As a result, a firm is well advised to properly weigh the costs and benefits of indexed options before applying them. 8 References Angel, J. and McCabe, D. (2002). Market-adjusted options for executive compensation. Global Business and Economics Review, 4(1), pp.123. Bebchuk, L. and Fried, J. (2004). Pay without Performance, The Unfulfilled Promise of Executive Compensation, Part III: The Decoupling of Pay from Performance. 1st ed. [ebook] Harvard University Press, p.24. Available at: http://www.law.harvard.edu/faculty/bebchuk/pdfs/Performance-Part3.pdf [Accessed 25 Sep. 2014]. Bertrand, Marianne, and Sendhil Mullainathan, (1999), Are CEOs Rewarded for Luck? A Test of Performance Filtering, (Princeton University, Mimeograph). Chandra, P. (2007). FINANCIAL MANAGEMENT. 1st ed. New Delhi: Tata McGraw-Hill, pp.947- 949. Dittmann, I., Maug, E. and Spalt, O. (2013). Indexing executive compensation contracts. Review of Financial Studies, 26(12), pp.31823224. Gibbons, R. and Murphy, K. (1990). Relative performance evaluation for chief executive officers, Industrial and Labor Relations Review 43, 30-51 Meulbroek, L. (2000). Executive Compensation Using Relative-Performance-Based Options: Evaluating the Structure and Costs of Indexed Options. SSRN Journal, [online] 01-021. Available at: http://dx.doi.org/10.2139/ssrn.281028 [Accessed 21 Sep. 2014]. Mueller, D. (2012). The Oxford handbook of capitalism. 1st ed. Oxford: Oxford University Press, p.386. Schnusenberg, O. and McDaniel, W. (2000). HOW TO VALUE INDEXED EXECUTIVE STOCK OPTIONS. Journal of Financial and Strategic Decisions. Sloan, R. (1993). Accounting earnings and top executive compensation. Journal of accounting and Economics, 16(1), pp.55100. Stapledon, G. (2004). THE PAY FOR PERFORMANCE DILEMMA. 1st ed. [ebook] U of Melbourne Legal Studies Research Paper No. 83, p.6. Available at: http://www.pay-without-performance.com/Stapledon-Pay-for-Performance-Dilemma .pdf [Accessed 25 Sep. 2014]. Symes, S. (2014). Advantages Disadvantages of a Fixed-Price Contract. [online] Small Business Chron.com. Available at: http://smallbusiness.chron.com/advantages-disadvantages-fixedprice-contract-21066.html [Accessed 23 Sep. 2014].

Monday, August 19, 2019

Was Henry Vs Victory a Miracle? Essay -- Henry IV Henry V Essays

We few, we happy few, we band of brothers. For he today that sheds his blood with me Shall be my brother; be he ne'er so vile, This day shall gentle his condition. And gentlemen in England now abed Shall think themselves accursed they were not here, And hold their manhoods cheap whiles any speaks That fought with us upon Saint Crispin's day." These words, spoken by Henry V in Shakespeare's play of the same name, reflected the pride the English took in the memory of a glorious victory and, by connecting the Battle of Agincourt with a holy day, helped reinforce the popular belief that Providence played a role in England's fortunes during that historic battle. The ensuing bloody and chaotic clash seemed proof enough of divine intervention, because Henry's troops rose up to defeat a French army almost four times as large. This rousing truimph during the Hundred Years War ranks alongside the rout of the Spanish Armada and the Battle of Britain as one of England's "Finest Hours," but it was not quite the miraculous event that Shakespeare and his contemporaries related. Henry's army posed a much more formidable threat to the French than simple numbers suggest. Given the circumstances, a British victory was nearly inevitable. The Hundred Years War, fought intermittently from 1337 to 1453, erupted over the Plantagenet kings' rather weak claim to the French throne, which they based on Edward II's marriage to Isabella, daughter of France's King Philip IV. Although that claim had grown rather stale by the time Henry V rose to power, he pressed it through force of arms. In a series of brilliant military campaigns, he conquered much of France, and married Cath... ...he Battle of Agincourt was King Henry's decision to execute his French prisoners during the fighting. At the time, such blatantly brutal practice was unheard of. Henry has borne the harsh judgment of history for his actions. In the heat of battle, Henry noticed that one segment of his army had been caught off-guard and was in serious danger. The only soldiers available to reinforce his line were those guarding prisoners. To reassign them meant risking the prisoners' escape, or worse, having them turn on their captors. Henry chose the more ruthless but less risky course and ordered the prisoners to be executed. It was a decision borne of necessity during battle, rather than personal malice, but one which nevertheless inflamed the French to greater resistance and set the stage for further rounds of slaughter in the seemingly endless Anglo-French wars.

Sunday, August 18, 2019

Physics of Computer Graphics Essay -- physics computers graphic CG

In the field of computer graphics there are usually four general applications that one thinks of: 1. Display of Information 2. Design 3. Simulation and Animation 4. User interfaces (Angel, 2) With regards to applied physic's applications, the area of computer graphics most focused on is simulation and animation. This is found in several different fields such as "aerospace, manufacturing, wireless communication, resource recovery, film-making, computer games, and virtual reality. Moreover, physics-based modeling is now generally accepted as a third principal mode of scientific investigation, along with theory and experiment." (Mason) The goal is to usually create 3-dimensional objects and have them move and interact on the screen using data based off of physic's equations(i.e kinematic equations, energy and momentum, etc.) However often times programmer's and animators don't necessarily want to deal with having to code in every equation every time they want to have an object interact with something new. This brought forth the development of physic's engines. As processors have become more powerful, animators began to try and represent there animations using more realistic methods. In today's latest animated blockbuster's like Shrek 2, to some of today's hottest video games like Halo 2. In order to achieve these realistic effects computer animators often use high-powered physics engines to simulate real-life physics inside a computer-simulated world. An example of such a computer graphics engine is Impact, which "includes six physics engines: Force Field, Law of Gravity, Gravity (used to target a particular object), Springy Thingy, Thruster, and Torque Motion."(Mortier) These engines enable animators to ... ...it would take to render would freeze even some of the fastest machines out there. So what happens is we fudge the data and have each object appear brighter or darker based off of a simpler equation that gives the appearance that lighting does exist. Bibliography Angel, Edward. Interactive Computer Graphics. 3rd Ed. Pearson Education. 2003. Jewett, Serway. Physics for Scientists and Engineers. 6th Ed. Thomson Learning. 2004. Kerlow, Isaac. "Applying the Twelve Priciples to Computer Animation." 22 February 2004. 23 November 2004. http://www.artof3d.com/feature.htm#Head2 Mason, John. "Physics-Based Modeling of Gaseous Phenomena for Computer Graphics." 13 August 2004. 23 November 2004. http://www.cs.dal.ca/news/t20040813-1236.shtml Mortier, R. Shamms. "Emulate Physics with Impact." Computer Graphics World. August 1995. Vol. 18. Issue 8. Pg. 90.

Saturday, August 17, 2019

Administrative Aspect of Special Education Essay

Introduction The Law provides for a free appropriate public education (FAPE) of exceptional children by assuring the financial support of teachers of special education and the administration of the program. The administration of special education at the macro level is assumed by the government and is usually carried out as one of the functions of the Department of Education (or a similar body). In the Philippines, the Department of Education (DepEd) is the principal government agency responsible for education and manpower development. The Department is primarily in charge of the formulation, planning, implementation and coordination of the policies, standards, regulations, plans, programs and projects in areas of formal and non-formal education. It provides for the establishment and maintenance of a complete, adequate and integrated system of education relevant to the goals of national development through the public school system; and it also supervises all basic education institutions run by the private sector. The current Department structure consists of the Central Office and the field offices which consist of the regional and sub-regional levels. There are field offices in sixteen regions, each headed by a Regional Director; 157 provincial and city schools divisions, each headed by a School Division Superintendent; and 2,227 school districts headed by a District Supervisor. See more:  Perseverance essay The Special Education Division is lodged at the Bureau of Elementary and performs the following functions: formulates policies, plans and programs for the preparation of instructional materials; evaluation of programs in special education; conducts studies and develops standards of programs and services for special learners; plans for prototype in-service education programs to upgrade the competencies of administrators, supervisors, coordinators, teachers as well as the non-teaching special education personnel; and establishes/strengthens linkages with agencies concerned with the education and welfare of children with special needs. The Regional Director has the overall responsibility for the administration and supervision of special education at the regional level. The School Superintendent has the over-all responsibility for the administration and supervision of special education at the Division level and is assisted by the Division Supervisor. The District Supervisor supervises the school principals and other school administrators at the district level. The administrator of special education is appointed based on qualification standards set by the Department and provided with appropriations from the national funds. The Department also sets up a minimum standard for the qualification of teachers, and establishes the criteria for the selection of pupils for special education. In other countries like the US, education is primarily a State and local responsibility. The U. S. Department of Education is the agency of the federal government that establishes policy for, administers and coordinates most federal assistance to education. The Federal States and communities are responsible for establishing public and private schools and colleges; developing curricula; setting requirements for enrollment and graduation; determining state education standards; and developing and implementing testing measures to verify if schools are meeting their education standards. The structure of education finance in America reflects this predominant State and local role. Of an estimated $1. 1 trillion being spent nationwide on education at all levels for school year 2009-2010, a substantial majority will come from State, local, and private sources. The Office of Special Education Programs (OSEP) is lodged at the U. S. Department of Education and is responsible for monitoring state and local compliance to the Individuals with Disabilities Education Act (IDEA) by providing leadership and financial support for infants, toddlers, children and youth with disabilities ages birth through 21 years old. The law (IDEA) aims to ensure that all children receive a free appropriate public education (FAPE) and special services to assist in meeting their educational needs. IDEA authorizes formula grants to states, and discretionary grants to institutions of higher education and other nonprofit organizations to support research, demonstrations, technical assistance and dissemination, technology and personnel development and parent-training and information centers. These programs are intended to ensure that the rights of infants, toddlers, children, and youth with  disabilities and their parents are protected. Particularly, the OSEP conducts verification visits to states to review their systems for general supervision, data collection, and state-wide assessment. During these visits, OSEP staff work with state staff to ensure compliance and help improve the performance of federal programs. In addition, each state submits an annual performance report that reflects the state’s actual accomplishments compared to its established objectives. As part of its monitoring, OSEP uses performance data such as graduation and dropout rates to identify low performing states. OSEP staff and OSEP-funded technical assistance centers work in partnership with states to put in place strategies to improve results for children with disabilities. At the micro level, the administration of special education is with the school principal. A recent policy thrust of the DepEd in the Philippines is the empowerment of the public school principals where the latter is able to assume more administrative authority and accountability for improving teaching competencies and pupils’ achievement. This policy gives principals the administrative authority to: manage the school’s funds for maintenance and other operating expenses; raise additional funds for the school through Parent-Teachers and Community Associations; design and develop his/her own school improvement program in collaboration with parents and community leaders; participate in the selection, recruitment and promotion of teachers; plan and develop an innovative curriculum, using the national curriculum as a framework. For the private sector, the school owner together with a Board of Trustees acts as the school administration and defines the direction of the special education program; while it is assumed that they follow the guidelines set by the Department of Education to be duly recognized and credited as a teaching institution. But much of the responsibility for the success of an educational program rests in the administration. There may be proven needs, accepted philosophy, qualified personnel, and available facilities and resources; but without adequate administration, the entire organization may be one of confusion and misdirection. Programs of special education succeed in direct proportion to the efficiency of the administration. More often, when special education is introduced into a school system, the administrative plan usually does not install major changes in the existing organization. The responsibility for the program is often given to an Assistant Principal, a Director of Instruction, or some other administrator who already has many duties. Consequently, the administration of special education program becomes a major problem in the education of exceptional children. The Special Education Administrator The term â€Å"administrator of special education for exceptional children† is used to designate the school official directly in charge of the special education program. Regardless of the title, the job entails organizing the special education program, equipping the structures with adequate classrooms, employing specially trained classroom teachers, ensuring the proper placement of pupils who are not able to attend regular classes because of various handicaps, ensuring that a special academic instruction based on individual differences such as speech correction and any prescribed therapy (speech, hearing, occupational, and physical therapist, etc.). Most of the studies gathered determine who administers the special education programs (both in the public and private sector), what their functions are in regard to both administration and special education teachers, how much time they devote to the program, and whether they are administrators or supervisors. Rigsbee (2008) did a research on what makes a good school-based administrator and interviewed teachers, support staff, parents, and students from a number of school communities in North Carolina. The results of the study indicate that there are characteristics common across school levels and community demographics such are: the principal should be accessible and build â€Å"a community of caring† where students feel at home, there is an air of connectedness, sense of teamwork, a family atmosphere, and frequent celebrations so work becomes fun for everyone. Rigsbee (2008) further  explained that the administrator must treat the teachers, cafeteria staffs, custodians, and office staff as professionals; give the staff a â€Å"big picture† understanding of the students’ needs and let them know that they are valued for the work they are doing for the children. Lastly, Rigsbee (2008) adds that they develop leaders and do not micro-manage; they work diligently to ensure that their teachers are equipped to be leaders in the classroom; and they â€Å"distribute† leadership as they serve as important mentors to assistant administrators and teacher leaders to achieve the vision of the school. Special education administrators play an important role in the education of disabled students. They are responsible for overseeing programs and services for students with learning, physical, behavioral or linguistic disorders. Additional job duties in the field range from ensuring adherence to federal, state and local special education regulations to helping teachers provide the unique services special education students need. Knowledge and Compliance to the Laws on Special Education. In a study by Saravanabhavan and Pressley (2008) on â€Å"Preparing Leadership in Special Education†, they assessed the school principals in Florida and noted that school principals must have a thorough knowledge of special education practices to ensure that students receive adequate services, and teachers receive pertinent guidance and support for their students to become high academic achievers. Saravanabhavan and Pressley (2008) proposed the need for school and district administrators to be educated not only in the foundations of special education, but also in the legal aspects related to compliance and enforcement of special education services, as well as instructional methodologies, and student placement, in order to enhance their efficacy in servicing their students. In another study, McMullen (2001) investigated the knowledge of Mississippi’s high school principals regarding the IDEA Amendments of 1997 in regard to four aspects: (a) disciplining students with disabilities, (b) involving parents and students in decision making, (c) adhering to procedural safeguards and placing students in the least restrictive environment, and (d) impacting administrative practice. The study (McMullen, 2001) concluded  that although the principals demonstrated some knowledge of the law, they did not appear to have sufficient knowledge to fully implement the Act, thus, proposed for a comprehensive training that will enforce a paradigm shift from the old Public Law 94-142 to the newly reauthorized law for a more positive attitude toward the provision of services to children with disabilities. It is worth noting the need for administrators of special education program to be aware of their legal obligations to students with disabilities in after-school athletics and extracurricular activities. Fetter, et. al. (2008) cited that administrators in public schools are undoubtedly familiar with their duties under federal law to serve students with disabilities in the educational program. But only a few know whether students with disabilities are entitled to participate in athletics and other after-school activities, and if so, are not aware of what types of services and accommodations school officials and coaches should provide (Fetter, et. al. , 2008). The authors (Fetter, et.al. , 2008) said that the failure to sufficiently work through these issues leaves school districts vulnerable to costly litigation; and in addition to juggling the complicated legal issues related to serving students with disabilities who participate in athletics and extracurricular programs, many administrators are taking aggressive steps to promote healthy school communities by implementing body mass index (BMI) surveillance and screening measurement programs. The study concluded that while these programs offer an innovative approach to encouraging good health, they raise additional issues for busy administrators; it is therefore imperative that administrators should be aware of the common traps, and practical ways to comply with the law (Fetter, et. al. , 2008). The US law, Individuals with Disabilities Education Act (IDEA), stipulates that educational leaders must ensure that special and general educators use scientifically based instructional methodologies like applied behavioral programming, task analysis, direct instruction, and cognitive-behavior modifications in order to address the cognitive needs of the students. The proper implementation of the IDEA or any law for that matter is enforced by leaders who have thorough knowledge of the law and are able to use these to  enhance the performance and welfare of their constituents. The IDEA was revised in an effort to clarify the discipline mandates because it needed to be more consistent in the practices when disciplining students with special needs. However, Principals continue to misinterpret the law or avoid it altogether. As indicated in the studies below, it is apparent that knowledge of the disability laws and how it is put into practice are depended upon each other. In a study to determine the relationship between Georgia elementary school principals’ knowledge of disability laws and the practices used for disciplining students with special needs as mandated in the IDEA, Claxton (2002) used the Individualized Educational Programs (IEP), Behavioral Management Plans (BMP) or Behavioral Intervention Plans (BIP), and Functional Behavioral Assessments (FBA) in the research. The Principals were given the opportunity to provide comments about discipline and the procedures they used for students with special needs. The study also examined various demographics including age, gender, original college degree, administrative degree level reached, and years of experience in administration in relationship to the knowledge held of disability laws and the practices used by Georgia elementary school principals for disciplining students with special needs; ANOVA was used to examine each demographic variable (Claxton, 2002). The results showed that the Georgia elementary school principals used discipline practices in line with the parts of IDEA 1997 with which they were most familiar but it did not indicate any significant difference in the principals’ knowledge and practice (Claxton, 2002). Because principals or their assistants are responsible for enforcing discipline and are on the front line in terms of student safety, they are often conflicted about how to proceed when a student with a disability needs to be disciplined. Moreover, many principals need to be reminded that they are not the sole arbiter of discipline decisions for students with disabilities. The administrator should make an effort to include families by offering various opportunities for parents, advisory councils, and a multidisciplinary team to take part in varying venues (open house nights, question-and-answer sessions, and frequent communication via phone messages, emails, and publications). In another study conducted by Stephens and Joseph (2001) in the School Study Council of Ohio (SSCO) using an informal phone survey to assess the knowledge of randomly selected Central Ohio principals, special education administrators, and teachers; they were asked to rate their assessment of what level of knowledge principals needed in order to do their jobs effectively. A three-level scale was used: (1) no knowledge required; (2) a basic, working knowledge required; and (3) intimate knowledge required in four basic categories: Instruction and Programming, Placement Procedures, Federal and State Laws and Regulations, and Procedural Safeguards (Stephens and Joseph, 2001). The results showed that the perceived roles of principals differed when viewed by district level special education personnel and practitioners and these views where all in contrast to the self assessment of the principals (Stephens and Joseph, 2001). The findings elaborated the problems of principals regarding lack of knowledge includes the following: the education of the handicapped; managing the diversity of students with disabilities; mainstreaming and inclusion strategies; large-scale assessment and accountability (Stephens and Joseph, 2001). Administrative Competency and Leadership. Lowe & Brigham (2000) stated that numerous special education authorities have cited the importance of the principal’s ability to be the school’s instructional leader. In special education, the principal’s role as the instructional leader will often determine the efficacy and the quality of special education services. But research and authoritative opinion generally reveal that principals are not sufficiently knowledgeable about important aspects of the education of students with disabilities. A major explanation as to why they are typically uninformed about special education is that their professional preparation may be inadequate. According to Lowe & Brigham (2000), most school administrators do not receive sufficient training to supervise the instructional practices used by special educators. In an effort to both validate and consolidate previous work in the area of critical skills for principals in relationship to special education, Stevenson-Jacob, et. al. (2006) asked elementary and middle school principals what they considered to be critical competencies. Information was gathered on the principals’ background, training, assignments, and specific practices related to administering special education at the building level; and it was found that elementary and middle school principals agreed on eight critical competencies that principals need: (1) managing the education of students in the less restrictive environment (LRE); (2) collaborative teaching strategies; (3) the case study approach; (4) general/special education procedures; (5) parent rights; (6) state/federal requirements; (7) state/federal statues: and (8) recruitment, selection, orientation, and supervision of staff (Stevenson-Jacob, et. al. , 2006). To help administrators increase their awareness and sensitivity with issues that affect their interaction in the school, Hoy & Miskel (2001) conducted a survey with students with special needs, their teachers, and their parents in the school district. The study concluded that administrators who would like to become more competent with curriculum delivery issues must participate fully in the planning processes of the IEP and IFSP because by engaging in this process it signals its importance and administrators gain a more complete understanding of the curricular issues that face parents such as: tasks that are too difficult for the child; homework assignments that are too long and that require prerequisite skills; implementation strategies that work and should be continued; teachers who are either unwilling or unable to make accommodations for students with special needs (Hoy & Miskel, 2001). The major barrier seems to be lack of systematic and sustained programs for professional development in special education tailored to the needs of the special education administrator or principal. Therefore, educational leaders must be knowledgeable of the special education placement continuum to ensure that students receive instruction in the environment that will maximize their academic and social skills. In order to eliminate increasing challenges and to maximize quality of services provided to children with disabilities, it is vital to prepare school leaders and administrators with sound knowledge based in special education. Course work in the foundations of special education and legal aspects of special education along with advocacy for children with special needs ought to become a core area in school leadership preparation. The administrator preparation programs should place more emphasis and time on core special education competencies for principals who can effectively lead special education programs in schools. School principals must have the opportunity and the incentive to participate in sustained and systematic special education programs. Attitude toward SPED Programs and Practices. Goddard & Goddard (2000) cited the highly important roles that administrators play in the education and lives of children with disabilities as they evaluated how the administrators are impacting on the progress of the students with special needs. The result of their study emphasized that administrators can create a climate that supports all students with the awareness of key concepts in special education and important curriculum and environmental considerations that will enhance instruction (Goddard & Goddard, 2000). They (Goddard & Goddard, 2000) further explained that issues pertinent to the population of special needs students demand the focused time of concerned and knowledgeable administrators, and as such, will encourage the development of programs that will increase accessibility like: flexible course schedules, stipends or scholarships to cover costs of tuition, materials, child care, transportation, distance learning and video-conferencing technologies. Another area of special education that principals need to know and understand is the concept of â€Å"inclusion† and what an inclusive philosophy should reflect. The principal is the educational leader of the school, and as such, his or her attitude and philosophy regarding students with special needs sets the tone and is critical for determining how students with disabilities access the general education curriculum. Inclusion has been introduced way back in the 90’s and the law has been explicit about the regulations in terms of a continuum of services; however, many inexperienced principals still have difficulty interpreting what this means. Salisbury and McGregor’s study (2002) of five elementary schools engaged in inclusive practices showed personal attributes similar to those found in the transformational leaders. The transformational leader, according to Salisbury and McGregor (2002) had â€Å"a greater impact on teacher motivation to perform beyond expectations†; and the behaviors associated are charisma, inspiration, and consideration of individual teacher needs while they strive to develop shared values and beliefs, meanings, and commitment to common goals. The study further showed that principals â€Å"tended to be leaders who shared decision-making power with their staff, extended the core values of inclusiveness and quality to initiatives throughout the school, and actively promoted learning communities and change through collaborative, intentional, and supportive practices† (Salisbury and McGregor, 2002). In another study done by Kuaun (2002), which attempted to describe the profile of the school administrators (age, gender, civil status, educational attainment and length of service) and verified any significant difference on the perception of school administrators from regular schools with SPED classes and from SPED schools regarding the inclusion of children with special needs. The researcher employed the descriptive method utilizing a questionnaire which consisted of two parts: personal information from 66 respondents and 48 close-ended type of questions about inclusion; and administered them to sixty-six (66) school administrators (36 from regular schools with SPED classes and 30 from SPED schools) from twenty-two (22) schools in Metro Manila (Kuaun, 2002). The findings indicated that majority of the school administrators are female, married, aged 51 to 60, with an educational attainment of Master’s degree (from the regular schools with SPED classes) and Masteral units (from special education schools); and that majority from the regular schools with SPED classes have served longer as school administrators than the respondents of special education schools (Kuaun, 2002). Finally, the study concluded that both groups appeared to have a positive perception on inclusion of children with special needs as indicated by a no significant difference on the means scores in their inclusion perceptions (Kuaun, 2002),. This positive outlook towards inclusion was manifested in the study of Causton-Theoharis and Theoharis (2008); they cited that inclusion and the sense of belonging are seen as essential conditions for educating each child. The commitment of the principal under study implemented an inclusive philosophy which meant no self-contained special education classrooms, no resource room pullout programs, no kids sent to other schools (Causton-Theoharis and Theoharis, 2008). All the kids (kids with significant disabilities, kids with autism, kids with serious behavior issues, kids with learning disabilities, kids in wheelchairs, kids who were high flyers, kids who were learning English) needed to be an essential member of the classroom and school community; thus, the general education teachers and specialists (special education, English as a second language, reading, etc. ) had to co-plan and co-teach (Causton-Theoharis and Theoharis, 2008). The same staff was used but arranged differently in all aspects of the school which included: the after-school programs, reading interventions, the physical arrangement of classrooms and dramatic changes on the playground (Causton-Theoharis and Theoharis, 2008). Because of the special education administrator’s commitment to educate all their students together, the school under study realized the substantial achievement gained by bringing students with disabilities in the center of the discussion about school reform and in the center of the general education classroom. In another research, the findings of McClean (2007) revealed that many administrators are willing to accept having inclusive schools; and most believed that schools are generally ill- equipped to run inclusive programs. Based on the study McClean (2007) conducted in Barbados, about (20%) twenty percent of the administrators surveyed believed that students with disabilities should be educated in special schools or classrooms only because they shared in the opinion that the inclusion of students with disabilities would retard the progress of students in the general education classroom. While majority of administrators, (80%) eighty percent, wanted to have inclusive programs in their schools but were uncertain how to implement and manage these programs without the appropriate mechanisms for success (McClean, 2007). The study further discussed that the success of inclusion is determined by the principals and the teachers (whether special or regular education) who are committed to providing the necessary support; are giving the vital input to make the inclusive process their own; and are not threatened or disadvantaged by the implementation and management of any inclusive programs at their respective schools (McClean 2007). The study concluded that the success of inclusion will ensue by winning the hearts and minds of all stakeholders which include the principals, teachers, parents and students, officials of the Ministry of Education and the wider communities. Abell’s study (2006) examined the attitudes and factors valued by Kentucky directors of special education (DOSE) who are currently implementing the universal design for learning (UDL) principles within their school districts to further enhance the inclusion of student with special needs. The purpose of the study was to provide new information to DOSEs by researching leadership issues and aspects involving district level UDL implementation. Department level professional development and technology implementation issues were also explored. The survey was sent to the 176 respondents and the result found no significant differences in DOSE’S gender, education level, or years of administrative experience in relation to the DOSES own level of educational innovation (Abell, 2006). The study showed that the UDL implementation was found to be significant with regards to district acquisition of curriculum in digital formats and the technology infrastructure to run it but it was not a significant predictor, likewise, there was no significant relationship between DOSEs knowledge of UDL in relation to the size of their district special education population (Abell, 2006). The Universal Design for Learning principles call for curriculum flexibility in relation to content presentation, student expression, and student engagement. UDL is a new approach for teaching, learning, and assessment, that draws on brain research and new media technologies to respond to individual learner differences (Center for Applied Special Technology, 2008). It is important to the field of special education that administrators are open and flexible to various strategies to find the best possible intervention for students with exceptional needs in an inclusive setting. The studies raised important points, because administrators play a pivotal role in setting the climate in schools. School administrators who believed in integration created program options for its promotion; while those opposed to it have even sabotaged any efforts. A supportive school climate can also be enhanced when administrators set the occasion for teachers to have mastery experiences with the curriculum and with students’ progress in the curriculum. Administrators who are knowledgeable about the curricular needs of students with disabilities and how special education and general education curricula intersect will be better prepared to face the challenges of educating all students successfully. There are hosts of ways that administrators can become familiar with current and emerging issues in special education. This was validated by Bakken, et. al (2006) in their study â€Å"Changing Roles of Special Education Administrators: Impact on Multicultural Learners. † Bakken, et. al (2006) mentioned that special education administrators must take active part in the education of their students and they suggested the need to develop and practice highly effective communication skills because they believe that effective partnerships are built on communication. Other important considerations include an awareness of best practices in special education, effective instructional presentation strategies, curricular adaptations that support individual student progress and a variety of evaluation methods. By being student-centered; students know when they’re cared about and know when an administrator makes a difference in a school and in their lives. It is evident that supporting students with special learning needs is more successful when the principal’s attitude is positive and sympathetic. At the same time it must be recognized that a great deal of effort and time go into building a successful service delivery of special education programs. It takes a strong instructional leader to ensure that all children are able to succeed and achieve in class. It takes a strong instructional leader to ensure that all children and their teachers receive the supports and services they need to learn and develop. It also takes a strong instructional leader to create a positive learning climate that embodies a unifying philosophy of respect for all children and stakeholders in the total school community. Problems encountered. Tate (2009) conducted a survey of 108 special education administrators in North Carolina in order to identify their characteristics (which included licensure, teaching experience, LEA information, and personal demographics) and factors that contribute to their staying or leaving the field using two open-ended questions that addressed the least and most satisfying.