Prostitution, And Sex Trafficking - 882 Words

The participants for this sample will consist of all genders who have a strong idea in prostitution, and sex trafficking. The participants will all consent to a contract to show that they are over the age of 18 given the explicit context of the sincerity of the research, and adhere to the regulations, and policies that will follow. Next, a focused group will be used with all genders to see how each gender is conflicted with the topic at hand. However, to get a better understanding of all participants especially children within this study I will ask parents if they have ever seen children be bought, and sold in sex work. Also, police officers, and halfway houses advocates will be included in this study as well, so that certain people in the focused group that feels adequate about the topic can go on a ride along with law enforcement, and into the halfway houses. Furthermore, social services personnel will be questioned to see if they have had any experience with reformed sex workers, or knew someone who has. Moreover, the participants for the surveys will consist of all genders that will be asked about questions relating to the research topic, and their keen awareness of it in their communities. Instrument Over the course of preparing the proposal for the research topic of prostitution, and sex trafficking selective instruments will be used. For instance, in the focused group they will have to adhere to the group, and submit to all regulations, and questionsShow MoreRelatedSex Trafficking, Prostitution, And Prostitution1230 Words   |  5 Pagessafe and secure. It has quite the opposite effects. The form of slavery that is being referred to here is sex trafficking. It is all around the world. Many do not realize that it is happening in their own community. It is happening right here in Saginaw, Michigan. It is categorized with prostitution, but prostitution alone is more of a choice and sex trafficking is forced prostitution. Although the women and men involved are called prostitutes, they are not doing it to make money for themselvesRead MoreSex Trafficking And The Legalization Of Prostitution1183 Words   |  5 PagesSex workers, also known as prostitutes, have been vict imized domestically and transnationally due to decriminalization of prostitution where those who deciding to engage in prostitution or sex work are unable to be protected, defend themselves, and are victimized. Sex trafficking occurs in victims who are transported and exploited by traffickers who seek to make profit through forced and coerced sex work. Prostitution and sex trafficking are both sexual violent acts that have been used against victimsRead MoreProstitution And Human Sex Trafficking1291 Words   |  6 Pagesshort in protecting ones right to rule over their own body. Prostitution, the exchanging of sexual services for payment, has been specifically outlawed by the State of New York. This direct targeting of the sex trade within New York leaves many people unprotected under the law, both in consensual prostitution and nonconsensual human sex trafficking, while greatly eliminating the potential tax revenue that would be generated. Prostitution, when involving consenting ad ults, is a victimless crime andRead MoreSex Trafficking As A Crime And The Legalizing Of Prostitution1389 Words   |  6 Pages Sex Trafficking as a crime and the legalizing of prostitution Sex trafficking is defined as forced labor or human slavery. Prostitution is defined as the act of offering one s self for hire to engage in sexual relations. Sex trafficking is a severe problem globally, even right here in the United States. While any form of slavery is unjustifiable, human trafficking has been going on for centuries. However, increased awareness of this issue has brought more mindfulness to the situation andRead MoreSex Trafficking : Prostitution, Crime And Exploitation2027 Words   |  9 PagesSEX TRAFFICKING OF WOMEN Sex trafficking is a global problem that involves the exploitation and abuse of girls as well as women. This paper will discuss the problem, with an emphasis on the views expressed by Paola Monzini in her book Sex Traffic: Prostitution, Crime and Exploitation. The paper will look at the causes, consequences and prevalence rates of sex trafficking and will consider the impact of such factors as globalization and women’s poverty in perpetuating the problem or making it worseRead MoreDomestic Minor Sex Trafficking : Prostitution Or Exploitation?1518 Words   |  7 PagesDomestic Minor Sex Trafficking: Prostitution or Exploitation? Although the history of child sex trafficking in developing nations has been widely documented, recently research has revealed that minor sex trafficking (also known as child prostitution) is a growing problem within U.S. borders as well. â€Å"Child prostitution is the sexual exploitation of a minor for profit, which can include money, drugs, or other items of value† (Center for Arizona Policy, 2014). The sexual exploitation of minorsRead MoreThe Cultural Acceptance Of Sex Trafficking And Child Prostitution2068 Words   |  9 Pagesdecades, sex trafficking and child prostitution. Aside from the horrific realism of the stories portrayed throughout the piece, the cultural acceptance and evolution of the epidemic is truly frightening and eye opening. Furthermore, Bales explains how in time, sex trafficking and child prostitution has reached American soil in efforts to expand profits and the market for these young, child slaves. While many steps have been taken by the Uni ted Nations to help condemn slavery and sex trafficking in countriesRead MoreProstitution, The Act Of Prostitution1324 Words   |  6 Pages Prostitution, the act of â€Å"providing or receiving sexual acts, between a prostitute and a client, in exchange for money or some other form of remuneration† (Hock 557). The idea of exchanging sex for valuables has been seen since the beginning of human society; the first reported data about prostitution was reported around 3000 B.C.E in one of the first known civilizations, Mesopotamia (Caraboi and Fierbinteanu 362). Also, prostitution is often referred to as â€Å"the world’s oldest profession.† TodayRead MoreThe Revolution Of New Orleans1453 Words   |  6 Pagesforty-nine, the whores in fifty-one; and when they got together they produced the native son.† This sheds some light as to how long prostitution has been a part of America. Prostitution dates back to the beginning of colonization in the United States, but wasn’t considered a legal act. At the time the laws just didn’t acknowledge what a prostitute or the act of prostitution itself was. In 1721, the French government shipped eighty women to the colony of New Orleans that housed seven hundred men to promoteRead MoreHuman Trafficking : Prostitution And Prostitution981 Words   |  4 PagesHuman Trafficking in Prostitution Prostitution, â€Å"Providing or receiving sexual acts, between a prostitute and a client, in exchange for money or some other form of remuneration† (Hock 557). The idea of exchanging sex for valuables has been seen since the beginning of human society. The first reported data about prostitution was reported around 3000 B.C.E in Mesopotamia, one of the first known civilizations (Caraboi and Fierbinteanu 362). Also, prostitution is often referred to as â€Å"the world’s

Homeless People Move Into Traditional Housing Essay

Many public policies have been done to reduce the number of the homelessness and to help out those to rebound back to the normal life. Most policies focus on ending homelessness. Programs such as Continuum of Care Program (CoC) which is helping homeless people move into traditional housing, Emergency Solutions Grants Program (ESG) which is regaining stability in permanent housing, Rural Housing Stability Assistance Program (RHSP) which is stabilizing the individuals and who with risk of losing housing, and Homelessness Prevention and Rapid Re-Housing Program which is assisting and preventing the homelessness. These efforts actually bring the decreasing result. According to the National Alliance to End homelessness, Between 2005 and 2008, chronic homelessness in Wichita/Sedgwick County (KS) decreased by 61 percent. From 2006 to 2008, Norfolk (VA) reduced homelessness by 25 percent. From 2005 to 2007, homelessness among families in Chicago (IL) decreased by 23 percent. The number of fa milies in shelter in Westchester County (NY) declined by 57 percent. From 2005 to 2008, chronic homelessness declined by 50 percent in Quincy (MA)† (â€Å"What Can We Do about Homelessness?†). Although the number of homelessness is decreased in some states, the reality does not change. There are many people still out there on the sidewalk. Is it possible to remove all homeless people out from the street? There are many plans and programs existed to reduce the number and to prevent it to be happened;Show MoreRelatedMayor Schells Zero Homeless Family Pledge1240 Words   |  5 Pages2 Policy Choices: 2 Pre Implementation and Design Strategies 4 Steps Taken to Reengineer the Program 4 Importance of Conducting Assessments Prior to Implementation 5 References: 6 Abstract: The paper discusses Mayors Schells zero homeless family pledge. Mayor Schell was determined to eliminate the homelessness in Seattle when he became the mayor in 1998, to achieve his mission he and his team came up with some strategies and restructuring which are discussed in the paper. Introduction: Read MoreI Am A Retired Army Veteran Essay1607 Words   |  7 PagesAs I drove down 41st St. N in downtown Birmingham, I looked to the right side of the road and saw many people just standing or kids running around outside in front of building that looked like apartments. I thought to myself â€Å"why are they all outside? And what is this place?† I researched the demographics and the building complexes in that area and found that these were public housing. As I continued my research and what life was like there in those houses I decided that I would get some actual answersRead MoreHomelessness : A Review Of Literature Essay1212 Words   |  5 Pagesthat is going to address to be on our current housing policy for those without a home. The next article is written by Walsh, C.Graham, J.Shier, M. (2009) and the main goal of that is what are the goals for a homeless shelter as a connective? One of the last articles I am going to be critically analyzing is an arti cle written by Brushett, K Royal Military College of Canada, Kingston, Ontario (2007) is one the people will go with the cuts to the housing policy. The final article that is going to beRead MoreCurrent Level Of Care : A Brief Description Of Your Field Placement Essay1509 Words   |  7 Pagesyour field placement (1/2 page maximum) †¢ Types of services provided: Transitional Housing to Homeless veterans, treatment to homeless veterans who are suffering from co-occurring disorders, a stable setting for dual diagnosed veterans to learn life skills, money management, assisting with employment and permanent housing. †¢ Services Provided to the Community: The Community Integration Program exists to promote housing and employment stability among low-income veterans and their families. Our programRead MoreThe Financial Crisis Of 20081689 Words   |  7 Pagesdomestic product is up. People have jobs and are paying taxes. President Obama lowered our budget deficit and promised to make healthcare more available to all. On average, America is well on its way to recovery. But what about the people that slipped through the cracks of the financial stimulus plan? These are the people that lost their jobs, and subsequently their homes. These are America’s impoverished and homeless. Homelessness now contains a bigger spectrum of people than ever before. This populationRead MoreAnalysis Of Supportive Housing At Lantern Community Services.1444 Words   |  6 PagesAnalysis of Supportive Housing at Lantern Community Services When working in social service, the idea is to help those in need with various programs and or services. In the Social service field one of the main issues you may come across is housing. Supportive Housing has become a part of the solution when connecting clients with their permanent need. Supportive housing is a combination of affordable housing and support services designed to help individuals and families use housing as a platform for healthRead MoreIndian Joe, Lightfoot Gonzales, And Narisco Allalha1563 Words   |  7 PagesBefore European explorers found their way to the Americas the countries were populated by indigenous people native to the landscapes. Each indigenous tribe had their own traditions, language and hierarchy. It is difficult to discern the exact population numbers of indigenous people before their exposure to Europeans in 1492; however, scholars estimate their numbers at roughly 37 million. By 1650, their population had dwindled to an estimated 9 million indi viduals, a decrease of 90%. In North AmericaRead MoreHomelessness Is An Unfortunate Epidemic3425 Words   |  14 PagesStates for decades. Although a homeless population has existed in our society throughout history, this social issue came to a head only a few decades ago in the early 1980’s. What defines homelessness varies from source to source, however a concise definition, stated by the McKinney-Vento Act, specifies that a homeless individual is typically one that lacks a fixed, regular, and adequate night time residence (McKinney-Vento Act, 2001). Approximately 3.5 million people experience homelessness at someRead MoreSummary Of The Natural House By Frank Lloyd Wright1625 Words   |  7 PagesHouse† in 1950. With the ideas from Wright, architects and construction workers began the Tiny House Movement in the 1980s. Micro Homes started to boom in the early parts of the 21st century. The housing market crash, a crash that forced homeowners into foreclosure, in 2007-2008 made it that where people had to pay outrageous amounts of mortgages. In the past few tears, Jay Shafer, the founder and owner of Tumbleweed Tiny Homes, became the new leader of the Tiny House Movement. Shafer has writtenRead More Solutions To Homelessness Essay1833 Words   |  8 Pagesfor food? sign. Homeless shelters and rescue missions are at full capacity. There is no room at the inn for the nation?s indigent. Anyone who has studied this issue understands that homelessness is a complex problem. Communities continue to struggle with this socio-economic problem while attempting to understand its causes and implement solutions. The public and private sectors of this country are making a difference in the lives of the homeless by addressing the issues of housing, poverty and education

Frostbite Chapter 5 Free Essays

string(27) " a familiar and light way\." Five I HAD NO IDEA WHAT Dimitri was talking about, but I followed along obediently. To my surprise, he led me out of the boundaries of the campus and into the surrounding woods. The Academy owned a lot of land, not all of which was actively used for educational purposes. We will write a custom essay sample on Frostbite Chapter 5 or any similar topic only for you Order Now We were in a remote part of Montana, and at times, it seemed as though the school was just barely holding back the wilderness. We walked quietly for a while, our feet crunching through thick, unbroken snow. A few birds flitted by, singing their greetings to the rising sun, but mostly all I saw were scraggly, snow-heavy evergreen trees. I had to work to keep up with Dimitri’s longer stride, particularly since the snow slowed me down a little. Soon, I discerned a large, dark shape ahead. Some kind of building. â€Å"What is that?† I asked. Before he could answer, I realized it was a small cabin, made out of logs and everything. Closer examination showed that the logs looked worn and rotten in some places. The roof sagged a little. â€Å"Old watch-post,† he said. â€Å"Guardians used to live on the edge of campus and keep watch for Strigoi.† â€Å"Why don’t they anymore?† â€Å"We don’t have enough guardians to staff it. Besides, Moroi have warded campus with enough protective magic that most don’t think it’s necessary to have actual people on guard.† Provided no humans staked the wards, I thought. For a few brief moments, I entertained the hope that Dimitri was leading me off to some romantic getaway. Then I heard voices on the opposite side of the building. A familiar hum of feeling coursed into my mind. Lissa was there. Dimitri and I rounded the corner of the building, coming up on a surprising scene. A small frozen pond lay there, and Christian and Lissa were ice skating on it. A woman I didn’t know was with them, but her back was to me. All I could see was a wave of jet-black hair that arced around her when she skated to a graceful stop. Lissa grinned when she saw me. â€Å"Rose!† Christian glanced over at me as she spoke, and I got the distinct impression he felt I was intruding on their romantic moment. Lissa moved in awkward strides to the pond’s edge. She wasn’t so adept at skating. I could only stare in bewildermentand jealousy. â€Å"Thanks for inviting me to the party.† â€Å"I figured you were busy,† she said. â€Å"And this is secret anyway. We aren’t supposed to be here.† I could have told them that. Christian skated up beside her, and the strange woman soon followed. â€Å"You bringing party crashers, Dimka?† she asked. I wondered who she was talking to, until I heard Dimitri laugh. He didn’t do it that often, and my surprise increased. â€Å"It’s impossible to keep Rose away from places she shouldn’t be. She always finds them eventually.† The woman grinned and turned around, flipping her long hair over one shoulder, so that I suddenly saw her face full-on. It took every ounce of my already dubiously held self-control not to react. Her heart-shaped face had large eyes exactly the same shade as Christian’s, a pale wintry blue. The lips that smiled at me were delicate and lovely, glossed in a shade of pink that set off the rest of her features. But across her left cheek, marring what would have otherwise been smooth, white skin were raised, purplish scars. Their shape and formation looked very much like someone had bitten into and torn out part of her cheek. Which, I realized, was exactly what had happened. I swallowed. I suddenly knew who this was. It was Christian’s aunt. When his parents had turned Strigoi, they’d come back for him, hoping to hide him away and turn him Strigoi when he was older. I didn’t know all the details, but I knew his aunt had fended them off. As I’d observed before, though, Strigoi were deadly. She’d provided enough of a distraction until the guardians showed up, but she hadn’t walked away without damage. She extended her gloved hand to me. â€Å"Tasha Ozera,† she said. â€Å"I’ve heard a lot about you, Rose.† I gave Christian a dangerous look, and Tasha laughed. â€Å"Don’t worry,† she said. â€Å"It was all good.† â€Å"No, it wasn’t,† he countered. She shook her head in exasperation. â€Å"Honestly, I don’t know where he got such horrible social skills. He didn’t learn them from me.† That was obvious, I thought. â€Å"What are you guys doing out here?† I asked. â€Å"I wanted to spend some time with these two.† A small frown wrinkled her forehead. â€Å"But I don’t really like hanging around the school itself. They aren’t always hospitable†¦.† I didn’t get that at first. School officials usually fell all over themselves when royals came to visit. Then I figured it out. â€Å"Because †¦ because of what happened †¦Ã¢â‚¬  Considering the way everyone treated Christian because of his parents, I shouldn’t have been surprised to find his aunt facing the same discrimination. Tasha shrugged. â€Å"That’s the way it is.† She rubbed her hands together and exhaled, her breath making a frosty cloud in the air. â€Å"But let’s not stand out here, not when we can build a fire inside.† I gave a last, wistful glance at the frozen pond and then followed the others inside. The cabin was pretty bare, covered in layers of dust and dirt. It consisted of only one room. There was a narrow bed with no covers in the corner and a few shelves where food had probably once been stored. There was a fireplace, however, and we soon had a blaze going that warmed the small area. The five of us sat down, huddling around its heat, and Tasha produced a bag of marshmallows that we cooked over the flames. As we feasted on that gooey goodness, Lissa and Christian talked to each other in that easy, comfortable way they always had. To my surprise, Tasha and Dimitri also talked in a familiar and light way. You read "Frostbite Chapter 5" in category "Essay examples" They obviously knew each other from way back when. I’d actually never seen him so animated before. Even when affectionate with me, there’d always been a serious air about him. With Tasha, he bantered and laughed. The more I listened to her, the more I liked her. Finally, unable to stay out of the conversation, I asked, â€Å"So are you coming on the ski trip?† She nodded. Stifling a yawn, she stretched herself out like a cat. â€Å"I haven’t been skiing in ages. No time. Been saving all my vacation for this.† â€Å"Vacation?† I gave her a curious look. â€Å"Do you have†¦a job?† â€Å"Sadly, yes,† Tasha said, though she didn’t actually sound very sad about it. â€Å"I teach martial arts classes.† I stared in astonishment. I couldn’t have been more surprised if she’d said she was an astronaut or a telephone psychic. A lot of royals just didn’t work at all, and if they did, it was usually in some sort of investment or other moneymaking business that furthered their family fortunes. And those who did work certainly didn’t do a lot of martial arts or physically demanding jobs. Moroi had a lot of great attributes: exceptional sensessmell, sight, and hearingand the power to work magic. But physically, they were tall and slender, often small-boned. They also got weak from being in sunlight. Now, those things weren’t enough to prevent someone from becoming a fighter, but they did make it more challenging. An idea had built up among the Moroi over time that their best offense was a good defense, and most shied away from the thought of physical conflict. They hid in well-protected places like the Academy, always relying on stronger, hardier dhampirs to guard them. â€Å"What do you think, Rose?† Christian seemed highly amused by my surprise. â€Å"Think you could take her?† â€Å"Hard to say,† I said. Tasha crooked me a grin. â€Å"You’re being modest. I’ve seen what you guys can do. This is just a hobby I picked up.† Dimitri chuckled. â€Å"Now you’re being modest. You could teach half the classes around here.† â€Å"Not likely,† she said. â€Å"It’d be pretty embarrassing to be beaten up by a bunch of teenagers.† â€Å"I don’t think that’d happen,† he said. â€Å"I seem to remember you doing some damage to Neil Szelsky.† Tasha rolled her eyes. â€Å"Throwing my drink in his face wasn’t actually damageunless you consider the damage it did to his suit. And we all know how he is about his clothes.† They both laughed at some private joke the rest of us weren’t in on, but I was only half-listening. I was still intrigued about her role with the Strigoi. The self-control I’d tried to maintain finally slipped. â€Å"Did you start learning to fight before or after that happened to your face?† â€Å"Rose!† hissed Lissa. But Tasha didn’t seem upset. Neither did Christian, and he usually grew uncomfortable when the attack with his parents was brought up. She regarded me with a level, thoughtful look. It reminded me of the one I sometimes got from Dimitri if I did something surprising that he approved of. â€Å"After,† she said. She didn’t lower her gaze or look embarrassed, though I sensed sadness in her. â€Å"How much do you know?† I glanced at Christian. â€Å"The basics.† She nodded. â€Å"I knew †¦ I knew what Lucas and Moira had become, but that still didn’t prepare me. Mentally, physically, or emotionally. I think if I had to live through it again, I still wouldn’t be ready. But after that night, I looked at myself figurativelyand realized how defenseless I was. I’d spent my whole life expecting guardians to protect me and take care of me. â€Å"And that’s not to say the guardians aren’t capable. Like I said, you could probably take me in a fight. But theyLucas and Moiracut down our two guardians before we realized what had happened. I stalled them from taking Christian but just barely. If the others hadn’t shown up, I’d be dead, and he’d† She stopped, frowned, and kept going. â€Å"I decided that I didn’t want to die that way, not without putting up a real fight and doing everything I could to protect myself and those I love. So I learned all sorts of self-defense. And after a while, I didn’t really, uh, fit in so well with high society around here. So I moved to Minneapolis and made a living from teaching others.† I didn’t doubt there were other Moroi living in Minneapolisthough God only knew whybut I could read between the lines. She’d moved there and integrated herself with humans, keeping away from other vampires like Lissa and I had for two years. I started to wonder also if there might have been something else there between the lines. She’d said she’d learned â€Å"all sorts of self-defense†apparently, more than just martial arts. Going along with their offense-defense beliefs, the Moroi didn’t think magic should be used as a weapon. Long ago, it had been used that way, and some Moroi still secretly did today. Christian, I knew, was one of them. I suddenly had a good idea of where he might have picked up that kind of thing. Silence fell. It was hard to follow up a sad story like that. But Tasha, I realized, was one of those people who could always lighten a mood. It made me like her even more, and she spent the rest of the time telling us funny stories. She didn’t put on airs like a lot of royals did, so she had lots of dirt on everyone. Dimitri knew a lot of the people she spoke of honestly, how did someone so antisocial seem to know everyone in Moroi and guardian societyand would occasionally add some small detail. They had us in hysterics until Tasha finally looked at her watch. â€Å"Where’s the best place a girl can go shopping around here?† she asked. Lissa and I exchanged looks. â€Å"Missoula,† we said in unison. Tasha sighed. â€Å"That’s a couple hours away, but if I leave soon, I can probably still get in some time before the stores close. I’m hopelessly behind in Christmas shopping.† I groaned. â€Å"I’d kill to go shopping.† â€Å"Me too,† said Lissa. â€Å"Maybe we could sneak along†¦.† I gave Dimitri a hopeful look. â€Å"No,† he said immediately. I gave a sigh of my own. Tasha yawned again. â€Å"I’ll have to grab some coffee, so I don’t sleep on the drive in.† â€Å"Can’t one of your guardians drive for you?† She shook her head. â€Å"I don’t have any.† â€Å"Don’t have any †¦Ã¢â‚¬  I frowned, parsing her words. â€Å"You don’t have any guardians?† â€Å"Nope.† I shot up. â€Å"But that’s not possible! You’re royal. You should have at least one. Two, really.† Guardians were distributed among Moroi in a cryptic, micromanaged way by the Guardian Council. It was kind of an unfair system, considering the ratio of guardians to Moroi. Non-royals tended to get them by a lottery system. Royals always got them. High-ranking royals often got more than one, but even the lowest-ranking member of royalty wouldn’t have been without one. â€Å"The Ozeras aren’t exactly first in line when guardians get assigned,† said Christian bitterly. â€Å"Ever since†¦my parents died†¦there’s kind of been a shortage.† My anger flared up. â€Å"But that’s not fair. They can’t punish you for what your parents did.† â€Å"It’s not punishment, Rose.† Tasha didn’t seem nearly as enraged as she should have been, in my opinion. â€Å"It’s just†¦a rearranging of priorities.† â€Å"They’re leaving you defenseless. You can’t go out there by yourself!† â€Å"I’m not defenseless, Rose. I’ve told you that. And if I really wanted a guardian, I could make a nuisance of myself, but it’s a lot of hassle. I’m fine for now.† Dimitri glanced over at her. â€Å"You want me to go with you?† â€Å"And keep you up all night?† Tasha shook her head. â€Å"I wouldn’t do that to you, Dimka.† â€Å"He doesn’t mind,† I said quickly, excited about this solution. Dimitri seemed amused by me speaking for him, but he didn’t contradict me. â€Å"I really don’t.† She hesitated. â€Å"All right. But we should probably go soon.† Our illicit party dispersed. The Moroi went one direction; Dimitri and I went another. He and Tasha made plans to meet up in a half hour. â€Å"So what do you think of her?† he asked when we were alone. â€Å"I like her. She’s cool.† I thought about her for a moment. â€Å"And I get what you mean about the marks.† â€Å"Oh?† I nodded, watching my footing as we walked along the paths. Even when salted and shoveled, they could still collect hidden patches of ice. â€Å"She didn’t do what she did for glory. She did it because she had to. Just like†¦just like my mom did.† I hated to admit it, but it was true. Janine Hathaway might be the worst mother ever, but she was a great guardian. â€Å"The marks don’t matter. Molnijas or scars.† â€Å"You’re a fast learner,† he said with approval. I swelled under his praise. â€Å"Why does she call you Dimka?† He laughed softly. I’d heard a lot of his laughter tonight and decided I’d like to hear more of it. â€Å"It’s a nickname for Dimitri.† â€Å"That doesn’t make any sense. It doesn’t sound anything like Dimitri. You should be called, I don’t know, Dimi or something.† â€Å"That’s not how it works in Russian,† he said. â€Å"Russian’s weird,† In Russian, the nickname for Vasilisa was Vasya, which made no sense to me. â€Å"So is English.† I gave him a sly look. â€Å"If you’d teach me to swear in Russian, I might have a new appreciation for it.† â€Å"You swear too much already.† â€Å"I just want to express myself.† â€Å"Oh, Roza†¦Ã¢â‚¬  He sighed, and I felt a thrill tickle me. â€Å"Roza† was my name in Russian. He rarely used it. â€Å"You express yourself more than anyone else I know.† I smiled and walked on a bit without saying anything else. My heart skipped a beat, I was so happy to be around him. There was something warm and right about us being together. Even as I floated along, my mind churned over something else that I’d been thinking about. â€Å"You know, there’s something funny about Tasha’s scars.† â€Å"What’s that?† he asked. â€Å"The scars†¦they mess up her face,† I began slowly. I was having trouble putting my thoughts into words. â€Å"I mean, it’s obvious she used to be really pretty. But even with the scars now †¦ I don’t know. She’s pretty in a different way. It’s like†¦like they’re part of her. They complete her.† It sounded silly, but it was true. Dimitri didn’t say anything, but he gave me a sidelong glance. I returned it, and as our eyes met, I saw the briefest glimpse of the old attraction. It was fleeting and gone too soon, but I’d seen it. Pride and approval replaced it, and they were almost as good. When he spoke, it was to echo his earlier thoughts. â€Å"You’re a fast learner, Roza.† How to cite Frostbite Chapter 5, Essay examples

Ateneo Law Entrance Exam Reviewer free essay sample

Corporate Compliance Answer Book. book Page 29 Thursday, June 17, 2010 4:20 PM 2 Implementation of Effective Compliance and Ethics Programs and the Federal Sentencing Guidelines Steven D. Gordon* How should a company go about designing and implementing a compliance program? While other chapters address the specifics of compliance programs in particular industries, this chapter considers issues relating to designing and implementing compliance and ethics programs generally. The biggest influence on the design and implementation of a compliance program is guidance from the U. S. Sentencing Commission contained in the Federal Sentencing Guidelines that apply to companies convicted of federal criminal offenses. The Sentencing Guidelines set standards that have become the * The author wishes to acknowledge Jennifer Dure, Michael Manthei, Christopher A. Myers, and Jonathan Strouse for their contributions to this chapter. 29 Corporate Compliance Answer Book. book Page 30 Thursday, June 17, 2010 4:20 PM Q 2. 1 CORPORATE COMPLIANCE ANSWER BOOK norm for virtually all companies, even though relatively few will ever be prosecuted or convicted. In fact, the most useful benefit from using the Guidelines to design and implement a compliance and ethics program is that it can help companies avoid investigations and convictions in the first place. In addition to complying with the Sentencing Guidelines, if the company is publicly held, it must comply with the SarbanesOxley Act of 2002. And if the company is a federal government contractor or subcontractor, the Federal Acquisition Regulation (FAR) comes into play. Other compliance requirements apply to other industries. Fortunately, these various guidelines and requirements do not conflict and, instead, tend to complement each other. Sentencing Guidelines Basics.. 30 Components of an Effective Compliance Program .. 32 Designing and Implementing a Compliance Program 34 Relevant Factors and Considerations 34 Requirements; Risk Areas. 35 Code of Conduct. 41 Compliance Program Administration 44 Training.. 50 Audits . 52 Reporting Systems/Whistleblowing/Non-Retaliation. 54 Rewards/Discipline 56 Sentencing Guidelines Basics Q 2. 1 What are the Federal Sentencing Guidelines? Since 1991, the sentencing of corporations and other business entities convicted of federal criminal offenses has been governed by the Federal Sentencing Guidelines (â€Å"Sentencing Guidelines†), established by the U. S. Sentencing Commission. These Sentencing Guidelines were mandatory, but in 2005, the Supreme Court ruled that it is 30 Corporate Compliance Answer Book. book Page 31 Thursday, June 17, 2010 4:20 PM Compliance Programs U. S. Sentencing Guidelines Q 2. 2. 1 unconstitutional to apply them in mandatory form. The Court left them intact as voluntary guideposts that federal courts should consult but are not bound to follow. 1 In addition to providing guidance on how convicted companies should be sentenced, the Sentencing Guidelines also contain detailed guidance from the Sentencing Commission on what it means to have an â€Å"effective† compliance and ethics program. This guidance, contained in chapter eight of the Guidelines Manual, 2 is used by hundreds of companies to design and implement their compliance programs and is also the standard used by many government agencies to evaluate company compliance and ethics programs. Q 2. 2 How do the Sentencing Guidelines relate to an effective compliance program? A company convicted of a federal offense is eligible for a reduced sentence under the Sentencing Guidelines if it has an effective compliance and ethics program and the offense occurred despite the program. 3 The Sentencing Guidelines spell out the basic elements of an effective compliance program. 4 Additionally, a prosecutor might exercise his or her discretion not to bring criminal charges if the company has a compliance program that meets the Sentencing Guidelines’ requirements. Q 2. 2. 1 Why should my company care about the Sentencing Guidelines if it conducts business honestly and is unlikely ever to face criminal prosecution? If the business is a corporation, its management probably has a duty to ensure that the business has an adequate compliance program. The Delaware Chancery Court, in the leading Caremark decision,5 held that corporate management has such a duty under Delaware law in light of the Sentencing Guidelines. Also, having an effective compliance program can show that the corporation was not at fault if an employee does engage in criminal or unethical conduct. Even ethical companies get investigated. In the event of an investigation, enforcement authorities will look at a variety of factors to determine whether there has been wrongdoing, who is at fault, and whether to bring criminal, civil, administrative, or no claims against 31 Corporate Compliance Answer Book. book Page 32 Thursday, June 17, 2010 4:20 PM CORPORATE COMPLIANCE ANSWER BOOK Q 2. 3 the company. Among the most significant factors influencing these decisions is whether the company has a compliance program that meets the Sentencing Guidelines’ requirements. Components of an Effective Compliance Program Q 2. 3 What policies and procedures should my company implement to meet the Sentencing Guidelines’ requirements? You are required to have written standards and procedures. After performing a thorough assessment of your company’s legal, compliance, and reputational risks, you should create policies addressing those risk areas. The number and types of standards and procedures a company requires depend on a number of factors, including the industry in which the company operates. Q 2. 3. 1 What are the elements of an effective compliance program that will satisfy the Sentencing Guidelines? The Sentencing Guidelines state that the two fundamental elements of an effective compliance and ethics program are: (1) (2) exercising due diligence to prevent and detect criminal conduct; and otherwise promoting an organizational culture that encourages ethical conduct and a commitment to compliance with the law. 6 Q 2. 3. 2 What specific steps must our company take to create an effective compliance program? The Sentencing Guidelines provide that, at a minimum, a company must do the following in order to have an effective compliance and ethics program: (1) (2) Establish standards and procedures to prevent and detect criminal conduct. Ensure that the company’s governing authority (board of directors, etc. ) understands the content and operation of 32 Corporate Compliance Answer Book. book Page 33 Thursday, June 17, 2010 4:20 PM Compliance Programs U. S. Sentencing Guidelines (3) (4) (5) (6) (7) Q 2. 3. 2 the program and exercises reasonable oversight with respect to its implementation and effectiveness. Specific senior manager(s) shall have overall responsibility to ensure the implementation and effectiveness of the program. Specific individuals shall be delegated day-to-day operational responsibility for the program and shall be given adequate resources and authority. They shall report periodically to senior management and shall have direct access to the board of directors or a subgroup thereof. Keep bad actors out of managerial ranks (or other key positions). Reasonable steps should be taken to screen out persons whom the company knows, or should know through the exercise of due diligence, to have a history of engaging in illegal activity or other misconduct. Take reasonable steps to communicate periodically and in a practical manner its standards and procedures to its officers, employees, and, as appropriate, its agents, by conducting effective training programs and otherwise disseminating information. Take reasonable steps to (a) ensure that the program is followed, including using monitoring and auditing to detect criminal conduct; (b) evaluate periodically the program’s effectiveness; and (c) have a system whereby employees and agents may report or seek guidance regarding potential or actual criminal conduct without fear of retaliation (although a mechanism for anonymous reporting is not required). Promote and enforce the program through appropriate incentives and disciplinary measures for engaging in criminal conduct and for failing to take reasonable steps to prevent or detect criminal conduct. Take reasonable steps to respond appropriately to criminal conduct and to prevent further similar criminal conduct, including making any necessary modifications to the compliance and ethics program. 7 33 Corporate Compliance Answer Book. book Page 34 Thursday, June 17, 2010 4:20 PM CORPORATE COMPLIANCE ANSWER BOOK Q 2. 3. 3 Q 2. 3. 3 Is there a standard compliance program that most companies can use? No. There is no â€Å"one-size-fits-all† solution. The Sentencing Guidelines recognize that an effective program must be tailored to the particular company. The Sentencing Guidelines require a company to engage in periodic risk assessments in designing, implementing, and modifying its compliance and ethics program. 8 Each company must examine the nature of its business and its own prior history to determine what sorts of criminal conduct pose the greatest risk, and then take steps designed to prevent and detect such misconduct. For example, if your company employs sales personnel who have flexibility in setting prices, you must have established standards and procedures designed to prevent and detect price-fixing. If you employ sales personnel who have flexibility to represent the material characteristics of a product, you must have established standards and procedures designed to prevent fraud. Your company should prioritize the risks that you face in terms of the severity of the criminal conduct and its likelihood of occurring, and tailor your compliance and ethics program accordingly. 9 Designing and Implementing a Compliance Program Relevant Factors and Considerations Q 2. 4 Are industry practice and standards considered in assessing the effectiveness of a compliance program? Yes. The Sentencing Guidelines recognize that the particulars of an effective compliance and ethics program are likely to be affected by applicable industry practice or the standards called for by any applicable governmental regulation. For publicly traded corporations, applicable governmental regulations would include the requirements of the Sarbanes-Oxley Act of 2002. A company’s failure to incorporate and follow applicable industry practice or to comply with applicable government regulations will weigh against a finding 34 Corporate Compliance Answer Book. book Page 35 Thursday, June 17, 2010 4:20 PM Compliance Programs U. S. Sentencing Guidelines Q 2. 5 that its compliance program is an effective one. 10 For healthcare companies the Department of Health and Human Services, through its Office of Inspector General, has issued a number of very specific compliance program guidances targeting specific business sectors such as hospitals and pharmaceutical manufacturers. Q 2. 4. 1 Does the company size matter? Size is a relevant factor in structuring a compliance and ethics program. A large company generally should devote more formal operations and greater resources to its program than a small company. Q 2. 4. 2 †¢ †¢ †¢ What are the differences between compliance programs for large companies and small companies? The governing authority in a small company may directly manage the compliance and ethics efforts. A small company may train employees through informal staff meetings and monitor them through regular â€Å"walkarounds† or continuous observation during normal management. A small company may use available personnel, rather than separate staff, to carry out the compliance and ethics program. 11 Requirements; Risk Areas Q 2. 5 When it comes to putting a compliance program together, where do we start? A first step is to determine whether the compliance program must satisfy the mandates of the Sarbanes-Oxley Act12 in addition to the Sentencing Guidelines. Sarbanes-Oxley, if applicable, imposes fairly detailed requirements that focus on the company’s internal control over financial reporting and its disclosure controls and procedures. A good compliance program should also address the prevention of other employee misconduct that may impose civil liability on the company or that may victimize the company itself. The foundation for designing a good compliance program is to identify the principal risks of misconduct that must be safeguarded 35 Corporate Compliance Answer Book. book Page 36 Thursday, June 17, 2010 4:20 PM CORPORATE COMPLIANCE ANSWER BOOK Q 2. 5. 1 against. This is a task that requires input from counsel and senior management. The effectiveness of the compliance program likely will be directly proportional to the time and effort invested in designing it. Q 2. 5. 1 What are the most common risk areas that we may need to address in our compliance program? Consider the following fifteen areas: 1. Accounting practices. Sarbanes-Oxley has made internal control over financial reporting and disclosure controls and procedures the foremost risk area for every public company. It also spells out in detail the procedures that must be used to address this risk area. Private companies must also protect against the risk that an officer or employee may â€Å"cook† or alter the books in order to boost performance or hide problems. Common examples include improper revenue recognition, intentional overstatement of assets, or understatement of liabilities, as well as false entries to cover up employee embezzlement and theft, or expenditures for improper or illegal purposes such as bribes. 2. USA PATRIOT Act. The PATRIOT Act aims to cut off sources of financing for terrorists by strengthening anti-money laundering laws. The PATRIOT Act greatly expanded the definition of â€Å"financial institutions† covered by anti-money laundering laws to include not only banks, savings associations, and credit unions, but also securities broker-dealers; investment companies; hedge funds; commodities brokers; mutual funds; issuers or redeemers of travelers checks; operators of credit card systems; insurance companies; telegraph companies; loan or finance companies; automobile, airplane, and boat dealers; real estate brokers; persons or companies involved in real estate closings and settlements; currency exchanges; money transmitters; pawn brokers; travel agencies; dealers in precious metals, stones, or jewels; and casinos. 13 36 Corporate Compliance Answer Book. book Page 37 Thursday, June 17, 2010 4:20 PM Compliance Programs U. S. Sentencing Guidelines Q 2. 5. 1 The PATRIOT Act requires that â€Å"each financial institution shall establish anti-money laundering programs† unless the Treasury Department issues a specific exemption. These programs must include written policies and procedures; a designated compliance officer; employee training; and periodic auditing and monitoring. 14 Further, financial institutions must implement special account opening procedures and â€Å"Know Your Customer† due diligence. 15 In addition, banks, securities broker-dealers, money services businesses, and casinos are required to file reports of suspicious transactions with the Treasury Department’s Financial Crimes Enforcement Network. 16 Finally, all persons (not only financial institutions) who receive in excess of $10,000 in cash in one transaction, or two or more related transactions, in the course of their trade or business are required to file a currency transaction report. 17 3. Conducting business with suspected terrorists. Following the September 11 attacks, Executive Order 13224 mandated creation of a list of persons, entities, and groups believed to be connected with terrorism. This order bans anyone in the United States from conducting any business with any person, entity, or group on the list, which is maintained by the Treasury Department’s Office of Foreign Assets Control (OFAC). 18 The OFAC list is constantly updated and now is quite lengthy, consisting of thousands of names, aliases, and â€Å"doing business as† designations. Businesses, particularly those with some international component, must ensure that they are complying with the provisions of the Executive Order. Specifically, before entering into or continuing any financial relationship, businesses should check the identities of existing and potential clients and customers against the latest OFAC List. 4. Conflicts of interest; corporate opportunities. Conflicts of interest are an issue for every company. The code of ethics mandated by Sarbanes-Oxley specifically requires a company to promote the ethical handling of actual or apparent conflicts of interest between personal and professional relationships. 19 Common breeding grounds for conflicts of interest include employee relationships with the company’s suppliers and outside employment. 37 Corporate Compliance Answer Book. book Page 38 Thursday, June 17, 2010 4:20 PM Q 2. 5. 1 CORPORATE COMPLIANCE ANSWER BOOK The corporate opportunity doctrine forbids employees, officers, and directors of a company from (i) taking for themselves personally opportunities that are discovered through the use of corporate property, information, or position; (ii) using corporate property, information, or position for personal gain; and (iii) competing with the company. Analytically, this doctrine is a subset of conflicts of interest. The New York Stock Exchange (NYSE), however, has proposed to amend its rules so that each issuer listed on the Exchange would be required to adopt a code of conduct that addresses, under separate headings, both conflicts of interest and corporate opportunities. 20 Further, Sarbanes-Oxley, in order to strengthen protections against conflicts of interest, prohibits public companies from making personal loans to any director or executive officer. 21 5. Bribes, kickbacks, improper payments, inappropriate gifts. Improper payments to government officials are a potential issue for many companies, especially if the government is a customer or if the business is subject to significant government regulation. Giving bribes or gratuities to U. S. government officials is prohibited by federal law,22 and bribery of foreign government officials is prohibited by the Foreign Corrupt Practices Act. 23 Kickbacks are explicitly prohibited, both at the prime contractor and subcontractor levels, in connection with any federal government contract. 24 Kickbacks also are prohibited in exchange for the referral of business for which payment is made under federal healthcare programs, such as Medicare and Medicaid. 25 In addition, a number of states have criminal commercial bribery statutes that prohibit payments to influence the conduct of an agent or employee with respect to the affairs of the agent’s employer. 26 6. Antitrust issues. Antitrust issues such as price fixing, collusive bidding, and market allocation are a concern in many industries. 38 Corporate Compliance Answer Book. book Page 39 Thursday, June 17, 2010 4:20 PM Compliance Programs U. S. Sentencing Guidelines 7. Q 2. 5. 1 Confidential information and trade secrets. For many companies, protection of confidential information and trade secrets is a significant issue. In the healthcare industry, protection of individual health information is critical. Often such information may be a key company asset and, under Sarbanes-Oxley, the safeguarding of company assets is one of the elements of internal control over financial reporting. 27 In order to protect its proprietary data and trade secrets, a company must take the requisite steps to preserve confidentiality. At a minimum, this includes reminding employees, during the course of their employment and upon their departure, of their continuing duty to safeguard such information. In addition, written confidentiality agreements may be desirable. Further, companies must ensure that they do not become liable for misappropriating trade secrets belonging to their competitors or third parties. Employees should be warned against acquiring a competitor’s confidential or trade secret information—and against bringing such information with them from a prior employer when they join the company. 8. Product safety. If the company manufactures or processes tangible products, especially consumer goods, then product safety may well be a key risk area. Indeed, in highly regulated industries that implicate public health and safety, such as food and drugs, product safety is likely to be the single most important risk issue. Where public health and safety are implicated, defective products may trigger strict criminal liability for the company as well as its senior managers. 28 9. Workplace safety. In industries such as manufacturing, construction, or extraction of natural resources, workplace safety may be a significant issue. 10. Environmental issues. For many businesses, compliance with environmental laws is a significant concern. Some environmental statutes are drafted in such sweeping terms as to create something approaching strict criminal liability in the event of a violation. 29 39 Corporate Compliance Answer Book. book Page 40 Thursday, June 17, 2010 4:20 PM Q 2. 5. 1 CORPORATE COMPLIANCE ANSWER BOOK 11. Government contracts issues. As detailed in chapter 15 on government contractors, new mandatory compliance and ethics program requirements went into effect on December 12, 2008, for many government contractors and subcontractors. The new requirements amend the Federal Acquisition Regulation (FAR) and are modeled to a large extent on the Federal Sentencing Guidelines criteria for effective compliance and ethics programs. 30 In addition to the specific elements of a compliance and ethics program that must be implemented, the new FAR provisions also require mandatory reporting of violations of federal criminal law, violations of the civil False Claims Act, and â€Å"significant† overpayments. Companies engaged in contracting with the federal government are especially vulnerable to liability for business misconduct. A number of statutes impose civil liability upon government contractors for engaging in fraudulent conduct or failing to comply with applicable procurement and contracting rules. 31 Further, an array of criminal statutes may be applied to contractors who engage in fraud or other misconduct. 32 The most common types of fraud encountered in government contracting include defective pricing, cost mischarging, product substitution, progress payment fraud, antitrust violations, kickbacks, bribery, gratuities, and conflicts of interest. 33 12. Insider trading. Another risk for publicly held companies is that directors, officers, or employees may engage in insider trading in the company’s shares. The NYSE considers this risk so significant that it identifies insider trading as one of the issues to be addressed by the code of conduct it has proposed for listed companies. 34 13. International business practices. U. S. laws that may create significant risks for companies engaged in international business include export control laws and the Foreign Corrupt Practices Act (FCPA). Export control laws and regulations prohibit the export of certain commercial products, strategic goods, defense articles and their related technologies, and the furnishing of 40 Corporate Compliance Answer Book. book Page 41 Thursday, June 17, 2010 4:20 PM Compliance Programs U. S. Sentencing Guidelines Q 2. 6 defense ser vices, unless licensed by the appropriate federal agency—either the Department of Commerce or the Department of State. Note that an â€Å"export† can occur anywhere when equipment or technical data is released or made available to a foreign person, whether within the United States or abroad. The FCPA prohibits bribery in the conduct of business abroad. In general, the FCPA prohibits corrupt payments to foreign officials or political parties (whether made directly or through intermediaries) for the purpose of obtaining or keeping business. 35 14. Employee relations. Discrimination and harassment issues are a concern for virtually all employers. Federal statutes and regulations forbid discrimination in the workplace based on race, color, sex, religion, national origin, marital status, age, or disability. 36 Discrimination or harassment can subject a company to civil liability for compensatory damages and, in cases involving malice or reckless indifference, to punitive damages as well. 37 15. Other issues. There are a number of additional issues that are less common but very significant to particular businesses or industries. Certain highly regulated industries, such as banking and healthcare, face numerous compliance risks that derive from the specialized laws and regulations that govern their conduct. Other businesses, though not highly regulated, may have particular attributes that create significant compliance risks. For example, marketing organizations are vulnerable to charges of fraudulent sales techniques. Compliance programs must be designed to combat these risks. Code of Conduct Q 2. 6 Is a code of conduct a required part of a compliance program? A code of ethical conduct is a centerpiece of a compliance program. The Sentencing Guidelines and Sarbanes-Oxley now make a 41 Corporate Compliance Answer Book. book Page 42 Thursday, June 17, 2010 4:20 PM CORPORATE COMPLIANCE ANSWER BOOK Q 2. 6. 1 code of ethics virtually mandatory for all companies. Furthermore, both the NYSE and NASDAQ have proposed rules that would mandate that listed companies adopt codes of business conduct and ethics. 38 Sarbanes-Oxley effectively requires every publicly traded corporation to adopt a code of ethics that applies to its principal executive officer, principal financial officer, principal accounting officer or controller, or persons performing similar functions. 39 Q 2. 6. 1 What are the legal requirements for a code of conduct? Sarbanes-Oxley mandates that the code consist of written standards that are reasonably designed to deter wrongdoing and to promote: (1) (2) (3) (4) (5) honest and ethical conduct, including the ethical handling of actual or apparent conflicts of interest between personal and professional relationships; full, fair, accurate, timely, and understandable disclosure in reports and documents that a registrant files with, or submits to, the SEC and in other public communications made by the registrant; compliance with applicable governmental laws, rules, and regulations; the prompt internal reporting of violations of the code to an appropriate person or persons identified in the code; and accountability for adherence to the code. 40 The Sentencing Guidelines impose more general requirements for a code of conduct. They require that the company establish standards and procedures to prevent and detect criminal conduct, and take reasonable steps to communicate periodically and in a practical manner its standards and procedures to all employees and agents by conducting training programs and otherwise disseminating information. Q 2. 6. 2 What are the elements of a good code of conduct? A corporate code of ethical conduct should accomplish several distinct, but related, objectives: 42 Corporate Compliance Answer Book. book Page 43 Thursday, June 17, 2010 4:20 PM Compliance Programs U. S. Sentencing Guidelines Q 2. 6. 2 1. Address, in a direct, practical manner, the compliance risk issues that are relevant to the particular company. The code should alert employees to the principal risks and spell out their duty to avoid them. Some of the most effective codes follow up their discussion of the relevant standards with sample questions and answers applying the standard(s) to common situations that employees are likely to encounter. 2. Identify the personnel who administer the company’s compliance program, from the senior executive(s) in charge of the program down through any lower-level contact personnel. In addition, the code should outline the system for reporting suspected misconduct. Employees and agents must be able to report or seek guidance regarding potential or actual criminal conduct without fear of retaliation. Furthermore, it is desirable (and sometimes required) that the system permit confidential, anonymous reporting. 41 The code should state unequivocally that any employee may contact compliance personnel to discuss potential violations of the code without fear of retribution and, if applicable, that anonymous reporting is an option. The code should encourage employees to contact compliance personnel whenever an ethical issue arises and they are uncertain about whether or how the code applies. 3. Announce that employees who violate code provisions will be sanctioned for their misconduct, indicating the range of sanctions that may be applied. The sanctions may range from a reprimand for minor or unintentional violations up to termination for cause for serious violations. The Sentencing Guidelines note that disciplinary actions sometimes may need to be taken not only against the actual offender but also against individuals who fail to take reasonable steps to prevent or detect the misconduct. 42 Thus, the code should also state that an employee who witnesses a violation and fails to report it may be subject to discipline, as may a supervisor or manager to the extent that the violation reflects inadequate supervision or lack of diligence. 4. Be distributed to all company employees and agents in writing and/or by making it available on the company’s website. Many companies require that employees certify that they have received and read the code of conduct. Some companies make this an annual 43 Corporate Compliance Answer Book. book Page 44 Thursday, June 17, 2010 4:20 PM CORPORATE COMPLIANCE ANSWER BOOK Q 2. 6. 3 ritual. Such certifications can provide useful evidence of the company’s good faith and diligence if an issue ever arises. However, the certifications can end up undercutting the company’s position if they are incomplete or out of date. Thus, if a company decides to utilize employee certifications, it must diligently monitor them to ensure that they are complete and up to date. Q 2. 6. 3 How many codes of conduct should a company have? Sarbanes-Oxley mandates a code of ethics only for a select group of senior corporate officials: a company’s principal executive officer, principal financial officer, principal accounting officer or controller, or persons performing similar functions. In contrast, the Sentencing Guidelines and the proposed NYSE and NASDAQ rules require a code that is broadly applicable to a company’s officers, employees, and (as appropriate) agents. For most companies, it would seem simplest to have only one code of conduct that applies to all officers, employees, and agents, and that either applies the Sarbanes-Oxley standards to all such persons, or else â€Å"adds on† the specific Sarbanes-Oxley requirements for the specified senior officers who are subject to them. Multiple codes of conduct applicable to different groups of officers and/or employees are likely to breed problems for the company. Compliance Program Administration Q 2. 7 How do we administer and enforce a compliance program? 1. Establish comprehensive written policies and procedures that implement the Code of Conduct and that address the specific risk areas you have identified. 2. Conduct effective training programs and otherwise disseminate information about the compliance program to officers and employees. 3. Establish and publicize a system for reporting violations. 44 Corporate Compliance Answer

Edgar Allan Poe Essays (169 words) - Edgar Allan Poe, Poe

Edgar Allan Poe / poets lived a life you could write a book on. They began with similarities from birth till death. Weird and strange events took place throughout their stay on Earth. Both authors time of birth was within a decade apart, and both were born on the East Coast, Melville born in Boston and Poe born in New York. They each were born into poverty and had troubles to worry about. Poe's parents died when he was at a young age, and Melville's parents were failures in business, which led to the death of his father at the age when Melville was twelve. Poes education came from West Point Academy, but not by choice. His foster father paid for Poe to attend, and eventually Poe dropped out. He moved with his Aunt Maria in Baltimore. Melville received his education from school, and sailing the oceans with sailors at a young age. Melville never looked back after sailing out on adventures. He stayed and lived for Poetry and Poets

10 Misspelled Words That Get Me Down

10 Misspelled Words That Get Me Down 10 Misspelled Words That Get Me Down 10 Misspelled Words That Get Me Down By Maeve Maddox NOTE: Any spell-check program ought to catch most of these for you. However, the wisest course is to master them yourself. For fun, I did a search for the incorrect version of nine of the ten. I didn’t bother with Number 7 because both its and it’s are valid spellings. The number of hits for the misspellings is shown in parentheses. Some refer to intentional misspellings on English sites like this one, but not all. 1. argument (arguement 730,000) The verb is argue, but the noun is argument. 2. calendar (calender 29,600,000)   The register on which you schedule your appointments is spelled calendar. Yes, there is a specialized term spelled calender that refers to paper production, but I doubt that it accounts for millions of uses. 3. cemetery (cemetary185,000,000) There are three e’s in cemetery. Nary an a in sight. 4. definite (definate 539,000) Think, finite, infinite, infinity. Look at all those i’s. No a’s anywhere in definite. 5. finally (finaly 1,450,000) The adjective is final. The adverb is finally. Double that l in finally. 6. forty (fourty 783,000)   One less than five is spelled four. One more than thirty-nine is spelled forty. 7. its (possessive adjective) The problem with this habitual misspelling is that both its and it’s are English spellings. It’s is a contraction of the words â€Å"It is.† Its is a possessive adjective, like his. The best advice is to spell out â€Å"it is† when that is your meaning. You cannot rely on grammar/spell checkers to catch this one. Indeed, Word often advises me to write â€Å"it’s† when the context calls for its. 8. separate (seperate 31,700,000)   Take the word by syllables: sep-a-rate. Yes, we pronounce it [sep-uh-ret], but we spell it sep-a-rate. Look for â€Å"a rat† in sep.a.rat.e. 9. tragedy (tradgedy 212,000) The g in tragedy is soft. The e makes the g soft. No extra d, please. 10. truly (truely 62,600,000)   The adjective is true. The adverb is truly. Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Common Mistakes category, check our popular posts, or choose a related post below:Wether, Weather, WhetherConnotations of 35 Words for Funny People40 Synonyms for Praise

Journal Coursework Example | Topics and Well Written Essays - 750 words

Journal - Coursework Example While some people exhibited high level of self-management as a result of supportive workplace and family along with personal capabilities, there are others who showed psychological problems like denial and also were constrained by socio-economic problems. According to the authors, self-management is â€Å"hard work, and is enabled or constrained by economic, material and socio-cultural conditions within the family, workplace and community† (p.83). The study concluded that different factors influence the self-management of people ranging from personal capabilities at micro level, accessibility of healthcare services at meso level to socio-economic conditions at macro level. The importance of self-management for diabetes patients cannot be ignored. For its effectiveness, the need is that people remain aware of the negatives impacts of the disease along with knowledge about available healthcare resources. It is necessary that clinicians prepare the patients to deal with chronic disease on daily basis so that they can accordingly change their behavior for positive outcomes. One common issue associated with older adults is falls, and although this can be the result of multiple factors, Deborah Mayne, Nigel R. Stout and Terry J. Aspray (2010) in their article have studied the extent of the impact of diabetes and associated complications on falls of older patients. In UK, it has been estimated that 40 percent of older diabetic patients who are over 65 years suffer from falls every year, and in Scotland almost 86 percent of fractures occur due to falls. It has been further estimated that diabetic patients have 1.5 to 12 times more possibility of hip fracture than non-diabetic patients. According to the authors, orthostatic hypotension (OH) is a principle factor for falls, and this phenomenon is common among 10 percent of diabetic patients.

An Evaluation of United States Business Bachelor's Degree Programs in Research Paper

An Evaluation of United States Business Bachelor's Degree Programs in Preparing Graduates for Employment - Research Paper Example The Carnegie Foundation classification system for categorizing colleges and universities has been to support its programs of research and policy analysis. Derived from empirical data on colleges and universities, the Foundation’s classification system reflects differences between the various colleges and universities. The U.S. colleges and universities use this classification to identify the differences and similarities among each institution. This classification system has been widely used in the study of higher education, both as a way to represent and control for institutional differences, and in the design of research studies to ensure adequate representation of sampled institutions, students, and faculty. The foundation categorizes higher institutions framework and to allow comparison in undergraduate enrollment and size and setting classification. These classifications provide different lenses through which to view United States colleges and universities, offering researchers greater analytic flexibility (Carnegie Foundation for the Advancement of Teaching, 2010). The Carnegie Foundation’s principal users are: By providing a set of distinct classifications as well as a set of online tools for creating custom listings, combining categories within classifications, identifying institutions in similar categories, or filtering listings by selected criteria, this study will achieve much greater analytic flexibility, allowing the researcher her to match classification tools to the study analytic needs (Carnegie Foundation for the Advancement of Teaching, 2010). The Center for Measuring University Performance is a research enterprise focused on the economic and nationwide context of research universities.

Strassfeld Shavuot Assignment Example | Topics and Well Written Essays - 250 words

Strassfeld Shavuot - Assignment Example The most concrete expression of this imagery is the Sephardic writing of the ketubah between God and the Jewish people. The promises of the bridegroom are to remain loyal to the bride, and carry them in favor. They were to reciprocate this through his love. Because of the peoples’ eager attitude to receive Torah on the morning of Shavuot, people stayed up late at night. Even those who did not stay up arose early in the morning for the shaharit morning service. The rereading of the Ten Commandments in the morning of revelation to the Torah service over shaharit portrays the interest of the people to hear them. This is different from other events such as the Shabbat or the festival. A custom observed during the Shavuot is the shift from the norm culture of carrying the Torah scroll in procession around the synagogue. On this particular day, the scroll passes from one hand to another. Not until everyone touches the scroll, it cannot rest on the reading table. The depiction of God as the groom and the Israelites as the bride is a form of imagery that shows the actual relationship existing between God and people. The condition of a marriage is for the wife to remain loyal to the husband, who provides her with anything she requires. This in actual sense is what God does to people. His expectations are that people will respect the Ten Commandments, which is a symbol of union in the marriage. After they honor the commands, God then shows unwavering love to His people. Just like a wedding scene, full of romantic moments and events, God held Mount Sinai over the Israelites, thus creating the romantic moment in his wedding with the people of

Interprofessional Collaboration In Practice Social Work Essay

Interprofessional Collaboration In Practice Social Work Essay Interprofessional education (IPE) is an occasion where two or more professionals learn with, from and about each other to facilitate collaboration in practice (CAIPE, in Freeth et al 2002:11). Barr (2005) noted that the level of care given to service users was adversely affected by the prejudice and ignorance some professionals brought with them when working together. IPE seeks to address this. Carpenter (1995) writes how IPE was therefore devised to improve the breakdown in trust and communication between professions. Service users have needs that cannot be covered by one profession alone (Means, 2010) hence the need for effective collaboration. The two day conference provided an opportunity for collaboration between a range of health care professionals There were a large number of nurses on my group table and I decided to make this experience a positive one and develop my learning to benefit my future practice. It appeared as though all members of the group were confident speakers and I briefly wondered if we would allow each other the opportunity to be heard or give each other time to talk. However, we all had space to talk, were listened to and valued for our contributions. I felt this was a positive start to the group work. We discussed the stereotypes attached to our professions, there were more for social work than there were for other professions, although I heard nurses described as rough and loud. Unfortunately one of the nurses in our group acted as judged when she had an argument on the second day with another nurse, in view of all attending the conference. Sellman, cited in Pollard, et al (2000:156:171) writes People have fixed ways of behaving and act consistent with their characters. He also voices how influences from a personal, professional and structural perspective can affect whether practitioners seek to be willing, trusting or leaders in interprofessional working. The behaviour of this student allowed others to see an unprofessional side of her and may have re-inforced prejudice. Mandy et al (2004) write about how the delivery of healthcare is affected by interprofessional stereotypes, rivalry and tribalism. It was refreshing to hear of the positive experiences some of the nurses had with social workers. Some nurses thought that social workers had a rough deal; a comment from one of them was Its so unfair; you are dammed if you do and dammed if you dont, but I think you people are to be admired for all you do. It made me realise that not all professions have a negative impression of social work. Whilst working on our group sentences (See Appendix), language differences were discussed. I felt confident to challenge the word of the use patient since social workers are employed in a number of settings, therefore the use of the word patient would not always be appropriate. Dalrymple and Burke (2006) and Martin and Henderson (2001) illustrate the terms used to describe those in receipt of services will always be a source of discussion and change, but it could be argued that the terms that professionals use can have negative connotations for the person. Bruce and Borg (2002) discuss the term patient reinforcing the sick role and creating the idea that the individual needs to be taken care of. The group agreed collectively to use the term service user, however Heffernan (2005) draws us to recognise that this term can be damaging to the ethical practices of social work. Heffernan proposes that labelling individuals with this term could disseminate their sense of dependence on servic es. Upon reflection I realised that as professionals we need to be sensitive to the preferences of the individual. Communication and service user involvement were issues discussed at great length within the group. The use of jargon between professions and illegible handwriting meant it was difficult to access information relating to care and made it problematic for service users to contribute. Reeves et al (2010:65) provides a devastating example of poor communication- a patient having wrong site surgery. We discussed situations that had poor outcomes for service users and its links to ineffective communication. On reflection, the absence of effective communication and constructive relationships within the interprofessional team impacted on the ability to work collaboratively. Hirokawa cited in Royeen et al (2009:49) highlights communication is the key component to interprofessional working and Tomlinson et al (2008:108) puts communication central in order to provide a non-discriminatory service that is promoting linguistic competence. Knowledge and clarity of roles is an element key to successful interprofessional teams. Reeves et al (2010:62) considers how Clear roles help define the nature of each team members tasks, responsibilities and scope of practice. She clarifies that where each members role is seen as essential and there are clear team goals teamwork is effective. Sargent et al (2008) adds to Reeves discussion, by making professionals aware that in learning about the roles of other disciplines, you need to be aware of how they complement your own practice, in order for effective teamwork to happen. The play by the Dramatic Voices drama group Up to here, allowed an insight into the perspectives of service users, carers and professionals and the tensions and conflicts within those roles (e.g. needing a break from caring, pressures of targets) whilst highlighting the frustrations when one feels unsupported. The DVD Alison Ryans Story by Patient Voices (2010) emphasised the importance of carers and their expertise of a condition, so should be listened to and more fully involved. Cooper and Spencer (2006) explain in their article the important contribution service users can make to IPE for students at the beginning of their training. Service users provided the students with real life examples of how they had learnt through experience, enabling them to become experts, and as such stakeholders within the interprofessional team. Interprofessional working has many benefits for all involved. It can eradicate barriers between professionals, whilst highlighting the value each profession has to offer. Combining the needs, skill and expertise from all professionals means that needs are identified sooner, leading to earlier and more effective intervention. A package of care that is focussed around the individual and is more co-ordinated with a faster deliver time should result in better outcomes. Tirrito et al (1996:31) examines the benefits; The client benefits from the collective wisdom, professionals benefit from the support of colleagues and society benefits from the elimination of duplicate services. Conclusions from inquiries and current policies have summarised that interprofessional education and working are essential to good practice. The National Service Framework for Mental Health (DH, 1999), The National Service Framework for Older People (DH, 2001) and The National Service Framework for Children (DH, 2004), Partnership in Action: New Opportunities for Joint Working Between Health and Social Services (DH, 1998) and the Laming Report (2003) have insisted practitioners to encompass an interprofessional attitude to their work. Despite the guidance regarding interprofessional working, there are regrettably cases where this has not occurred resulting in preventable deaths of children. Victoria Climbies death led to Lord Lamings report (2003), identifying the failures of professionals to protect her. Irrespective of this, Baby Peter in 2007 and Khyra Ishaq in 2008, die whilst under the care of several professionals. Serious case reviews from Haringey and Birmingham (2009 and 2010 respectively) regarding their deaths emphasise inadequate communication (amongst other failures) between professionals as well as missed opportunities for intervention. The Government green paper Every Child Matters'(2004) recommended changes to policy regarding information sharing to ensure all agencies obtain a full picture of a childs life. Following from this the government has released a new guideline Working Together to Safeguard Children (2010) which provides a national framework for individuals and professions. It sets out wa ys of working together to safeguard and promote the welfare of children. This includes working together with an agreed plan of action, information sharing and recording and ensuring that their work is child-centred, that the focus is always on the child. This should ensure that further tragedies are avoided at all costs. 1332 words SECTION 2 DISCUSS HOW YOU WOULD TAKE AWAY WHAT YOU HAVE LEARNT ABOUT IP WORKING INTO PRACTICE The interprofessional conference was an immense learning opportunity for me. The importance of service user involvement, person-centred planning and communication within interprofessional teams highlighted in the conference gave me a lot to consider for future practice. Upon reflection of the conference, I was aware that I could be working with people who have not had IPE, so considered how I could collaborate with those that are not willing to encompass interprofessional working. This led me to contemplate previous experience, my previous placement experience, my next practice placement and where IPW fit into this. Every Child Matters (2004) require that all practitioners will be involved in information sharing that welcomes all views as equally valid; however I witnessed a situation that had the opposite effect. In my previous experience as a nursery nurse, I had raised concerns following a disclosure from a child. To summarise, the social worker dismissed my opinion, saying that I was unqualified to make any comment as I was just a nursery nurse. The reality that I had a lot of contact with this child was disregarded. Nurse (2007) discusses the difficulties in interprofessional working where one professional believes that only they have the expertise and knowledge to make a judgement regarding concerns. In the future as a SW in an interprofessional team I may be outnumbered by other professions, but I will present confidence in my profession and my role in order to be heard and will respect the view of other professionals regardless of job title or qualification. My previous practice placement allowed me to see an interprofessional team in action. I was able to observe a team meeting for a mental health team. There were professionals represented from health and social care backgrounds. All professionals were given time to address any concerns they had regarding a service user and were able to seek/offer advice from others. Medical and social perspectives were taken into account, allowing all professionals to work from their own theoretical base but working in partnership to provide continuity of care. Martin et al (2001) recognise how the sharing of background and experience while identifying peoples roles within the multidisciplinary team allows the members perspectives to be explored. This becomes a source of strength, with this integrated practice having benefits for service users and patients. I was grateful of the opportunity to witness the outcomes of effective interprofessional working. I am hoping for my next placement to be in a hospital setting. In order for my experience of IPE to be extended I will attempt to devise an action plan to maximise my learning opportunities and experience of interprofessional working. I would ask about the opportunities where professions interact and ask to be an observer to this (e.g. discharge planning meeting). I would ask for the opportunity to meet other students from other professions at the placement in order to share our learning experiences, professional policies and procedures in order to recognise similarities. I would arrange time shadowing other professions, in order to get a fuller picture of their role. I would also request time with my placement supervisor in order to reflect on IPW and its challenges, difficulties and benefits. This practice could promote relationship building for the future, as well as accentuating how other professionals can support my role as a social worker. It would allow me to identify and develop appropriate skills in my practice. Hostility between professions could be reduced and collaboration and team dynamics could be increased and improved as those who are not familiar to IPE can see it demonstrated in their students. The importance of service user involvement was highlighted in the conference. The Children Act 1989, National Health Service and Community Care Act 1990, and the Community Care (Direct Payments) Act 1996 were among the first pieces of legislation related to service user involvement. Policy guidance, practice guidance and service standards have developed from this. For example, the GSCC (2002) and Skills for Care (2002) provide guidance for social workers related to service user involvement. I had witnessed examples of poor practice in the past where the service user had no decision regarding their care (e.g. a woman who speaks Bengali having her treatment discussed about her with no translator sought to explain it to her). Service users now have more power to challenge decisions and refuse care should they wish, as they are now experts by virtue of their experience (Tanner et al (2008:6). Lishman (2007:270) reminds practitioners that holding meetings with individual service users, case conferences, advisory committees (to name a few examples) are power sharing structures in relation to decisions but the level of active listening by social workers and other professionals ensure the service users voice is heard and valuable to the decision making process. Wallace and Cooper (2009) highlight the importance of putting the service user at the centre and the organisations of services with and around them in order to break down the barriers of the organisation we work in. I recall on my previous placement a situation that provides an example of person-centred care. I was at a day centre of adults with dementia and was a observing a group of gentleman playing dominoes. Upon recognising a gentleman observing not playing, I discovered he couldnt remember how to play. Through joint reminiscing of our elders playing dominoes and allowing the gentleman to recall himself playing when he was in Jamaica, triggered his memory so he was able to play again. Brooker cited in Innes et al (2006:6) signpost four elements essential to providing person centred care, one of which is a positive social environment to enable the person with dementia to experience relative well-being. Providing culturally appropriate conversation, as well as time for this gentleman to reminisce allowed him to remember a part of his cultural identity that was of importance to him and through remembering how to play dominoes, was able to socially interact with other members of the centre. The role of a SW is very much dependant on the setting- assessment, crisis intervention, patient wellbeing and advocacy are just a few of the myriad of roles I could undertake. Holoskom et al (1992) demonstrate the multiple roles a SW could be part of in health care settings. It highlighted the lack of clearly defined role competences specific to social work. Wilson et al (2008) suggest à ¢Ã¢â€š ¬Ã‚ ¦social workers are less able to define what their specific contribution to an inter-professional team might be à ¢Ã¢â€š ¬Ã‚ ¦ .It could be argued however that SW are essential to how care is delivered. As a SW I could be helping patients problem solve and cope with situation or illness, link individuals with resources and services and promote effective and humanitarian service systems. Carlton, cited in Holoskom et al (1992: 8) stress the significance of the social workers as being the only professional who has the central foundation that a holistic perspective of the service user is o f utmost importance I have realised that it is important for me to enhance knowledge of medical issues so that I can be knowledgeable when talking to patients and can participate fully in interprofessional teams. The team will also gain knowledge about my role as a social worker with views, values and perspectives being shared in order for my presence to be visual and effective to the delivery and structure of health care. I left the conference with a positive attitude to interprofessional working. As one of the next generation of health and social care workers I will ensure that what I have learnt will be used in practice to ensure interprofessional working is at the heart of patient centred care. I would like to end with a quote that I feel expresses the process of interprofessional working: Coming together is a beginning; keeping together is progress; working together is success (Henry Ford 1863-1947) 1310 words Appendix -Agreed Group Sentences Communication Issues between Health and Social Care Professionals Effective communication between the multi-disciplinary team including the service user and their family is paramount to client centred care. All communication should be clear and concise without the use of jargon or abbreviation to facilitate collaborative working. Contrasting professional perspectives / values within teams By considering the perspectives of the service users and other professionals, practitioners are able to broaden their understanding in order to improve delivery of care. There are contrasting perspectives and values between professionals but it is our responsibility and duty of care to compromise for the service users best interest. Stereotyping, power imbalances and team processes Although there may be perceived hierarchys within health and social care professionals, everybodys different skills, knowledge and input is variable to the needs of the service user at that particular time and therefore should not be translated into power imbalances and conflicts with the Interprofessional team.   It is human nature to form stereotypes of others but we must not  allow this to impact the care we provide to service users.

Mohandas Ghandi Essay -- essays research papers

Mohandas Ghandi was the source of many changes throughout, India, Britain, and the world. With all that Ghandi has done in our world it becomes overwhelming when I think about his life. What Ghandi did in terms of opening the minds of the people of India is almost analogous to what Christ did to open the minds of the people around him. With all that can be said about Ghandi, I would like to focus upon his economic impact in Britain and India. Britain’s self-glorifying empire building was a great hindrance on the Indian economy. Britain employed the “Mother Country'; system in Indian. This is where the raw materials of the colony (i.e. India) are harvested and shipped to the Mother country (i.e. Britain.) The raw materials are manufactured into goods that are shipped b...