text:
Judge Nugent
12-12240 Smith (Doc. # 75) - Document Text
- Details
- Category: Judge Nugent
- Published: 30 May 2014
- Written by Judge Nugent
SIGNED this 15th day of May, 2014.
Case No. 12-12240
Chapter 13
Nationstar Mortgage told Clifton and Kathryn Smith that if they made three
trial payments in November and December of 2011 and January of 2012, Nationstar
would modify their home mortgage loan. As the lender requested, the Smiths executed
a payment forbearance agreement with Nationstar and timely made the trial
payments. Nationstar sent them a Loan Modification Agreement that they signed and
Case 12-12240 Doc# 75 Filed 05/15/14 Page 1 of 15
returned. Then, even though the Smiths had fully complied with Nationstar's
conditions and timely returned the signed modification agreement, Nationstar refused
to execute it and instead wrote the Smiths two months later to tell them that their loan
"did not meet investor guidelines."1
When a mortgage creditor offers a conditional home loan modification with
definite terms to borrowers and the borrowers not only satisfy those conditions, but
also accept the loan modification offer, the offer and its acceptance form an enforceable
contract. The mortgage creditor cannot thereafter revoke its offer or "reject" the
borrowers' acceptance. If the mortgage creditor's offer is not conditioned upon its
compliance with undisclosed duties to unidentified third parties, its duties to those
third parties cannot excuse its performance of the obligations it undertook to perform,
once its offer has been accepted (unless those obligations are somehow unlawful). Here,
the Smiths did everything they were supposed to, but Nationstar refused to execute the
modification agreement it had offered them because it concluded that its investor,
Federal National Mortgage Association (FNMA), would not permit the modification
because it had recourse to its assignor and could require the assignor to repay the
defaulted obligation.
As Nationstar was bound by the terms of its modification offer, its claim in this
case must be allowed under the terms of the loan as modified. Nationstar's calculations
are instead based on the terms of the original mortgage note. The debtors' objection to
1 And that's all they told them. See Ex. E.
Case 12-12240 Doc# 75 Filed 05/15/14 Page 2 of 15
Nationstar's proof of claim should be SUSTAINED.2
Objections to claims and confirmation of chapter 13 plans are core proceedings
over which the bankruptcy court has subject matter jurisdiction.3
On May 19, 1999, Clifton and Kathryn Smith executed a promissory note to FT
Mortgage Companies, promising to repay $65,951 over thirty years at 7.25% per
annum in equal monthly installments of principal and interest in the amount of
$449.91. They also granted FT a mortgage encumbering their home in Conway Springs,
Kansas, to secure repayment of the note. The note is endorsed in blank, "without
No later than November of 2009, the Smiths defaulted on their mortgage
2 Dkt. 28. Following an evidentiary hearing held on April 15, 2014, the Courttook this matter under advisement. Debtors appeared in person and by theirattorney Martin J. Peck. Nationstar Mortgage appeared by its counsel Carrie
Mermis. Karin Amyx appeared on behalf of the chapter 13 trustee Laurie B.
3 28 U.S.C. § 157(b)(1) and (b)(2)(B) and (L); 28 U.S.C. § 1334.
4 The parties stipulated to the admission of all exhibits. Even though Exhibits1 and 2 contain unexecuted copies of the Payment Forbearance Agreement andLoan Modification Agreement (and related documents), counsel advised the Courtthat there was no dispute that the debtors properly executed all of the necessaryagreements and timely returned them to Nationstar in accordance with thedirections provided by Nationstar (and Nationstar's witness so testified).
5 See Ex. A.
Case 12-12240 Doc# 75 Filed 05/15/14 Page 3 of 15
payments.6 At that time, the remaining principal balance due was $53,948.7 The
parties offered no evidence about what occurred in the ensuing two years, but did agree
that, in October of 2011, the Smiths applied to Nationstar Mortgage, by now the
servicer of the loan for First Horizon Home Loans, a division of First Tennessee Bank
National Association, for a loan modification. On October 24, 2011, Rob Bush, a
"foreclosure prevention specialist" at Nationstar e-mailed the Smiths and told them –
You have been approved for a modification that starts in February. Beforethe modification is official, there are 3 months of trial payments that needto be made. The funds need to be in by the 1st of the month so thepayments need to be made before the 31st of each month so the funds willbe in house on the 1st. For example: the first trial payment is dueNovember 1st, so the payment needs to be made on or before the 31st ofOctober by certified funds, either by Western Union, Moneygram ormoney order. If you have any questions please call me directly.8
Attached to the e-mail were two documents, a cover letter and a forbearance
agreement. The cover letter sets out the due dates and amounts of the requisite three
trial modification payments (in lieu of debtors' normal mortgage payment) and states
unequivocally that "[a]fter all trial period payments are timely made, your mortgage
will be permanently modified . . . ."9 The Payment Forbearance Agreement that was
attached to this e-mail also states at paragraph 3.C. that during the "deferral period"
(while the trial payments are being made), the lender will review the loan and
6 See Ex. D, p. 10.
7 Id.
8 See Ex. 1.
9 Id.
Case 12-12240 Doc# 75 Filed 05/15/14 Page 4 of 15
determine whether "additional default resolution assistance" will be offered, including
as a possibility that "Lender will offer to modify my Loan."10 The Forbearance
Agreement also provides that, during the trial period, Nationstar agreed to forbear
further enforcement proceedings in connection with the Smiths' loan.
To be sure, the Forbearance Agreement left Nationstar several "outs."
Paragraph 3.C. contemplates the possibility that the lender might, upon review,
decline to modify the loan, offer some other form of assistance, or simply proceed to
foreclose. Paragraph 3.D. states "I understand that the [Forbearance] Agreement is not
a forgiveness of payment on my Loan or a modification of the Loan Documents" and it
further states that the lender is not "obligated or bound" to modify the loan.11 Nothing
in the Payment Forbearance Agreement or the correspondence mentioned above refers
to a need to meet "investor guidelines" as a condition precedent to modification.12
After they executed and returned the Forbearance Agreement, the Smiths made
the three trial payments on time and, on January 18, 2012, Rob Bush sent them a Loan
Modification Agreement, an Agreement to Maintain Escrow Account, and a Letter of
10 Id.
11 Id.
12 Paragraph 3.C. of the Forbearance Agreement described five possiblealternatives of default resolution assistance that Nationstar could offer. See Ex. 1,
p. 5. The Court acknowledges that the fourth alternative – to offer some form ofpayment assistance or alternative to foreclosure on the lender's terms in ¶ 3.C.(4)–
was subject to the further approval of the investors or insurers on the loan, butconcludes, in the absence of any contrary contention by Nationstar, that it offered
the third alternative – to modify the Smiths' loan – under ¶ 3.C.(3).
Case 12-12240 Doc# 75 Filed 05/15/14 Page 5 of 15
Acknowledgment, all attached to an e-mail.13 The subject line of the e-mail read "Please
send docs back signed notarized [sic] by 1/24/12 - thank you." The Loan Modification
Agreement dated January 18, 2012 provided for the repayment of the outstanding
balance of $69,319.84 at a reduced interest rate of 3.75% per annum, amortized from
February 1, 2012, and payable in 360 equal monthly principal and interest
installments of $321.02 commencing on March 1. The Smiths signed the Loan
Modification Agreement before a notary public and returned it to Nationstar, along
with the other two documents.
Then, on March 19, 2012, Nationstar wrote them stating that they did not meet
the loss mitigation guidelines because "Investor Guidelines Not Met."14 There was no
further explanation. The Smiths did everything they were supposed to, but Nationstar
refused to execute the modification agreement it had offered them because it concluded
that its investor, Federal National Mortgage Association (FNMA), would not permit
the modification. At trial, Nationstar's witness, Mr. Hyne, testified that the Smiths'
loan was ineligible for loss mitigation because First Horizon had assigned it to FNMA
"with recourse," meaning that FNMA could require First Horizon to repay FNMA's
investment.15 Because of that, Mr. Hyne said, the Smiths' loan file was "processed in
error" and the loan file subsequently flagged for "no mitigation." Neither side offered
13 See Ex. 2.
14 Ex. E.
15 The Court cannot square this testimony with the non-recourse
endorsement stamped on the face of the original note.
Case 12-12240 Doc# 75 Filed 05/15/14 Page 6 of 15
evidence about the extent of FNMA's investment or the details of the "recourse"
Mr. Hyne also testified that after Nationstar "withdrew" its offer to modify, it
pursued attempting another form of modification through the Federal Housing
Administration that would have allowed Nationstar to file a claim with the
Government for payment of the Smith's arrearage. Unfortunately, by the time
Nationstar concluded that the Smiths were ineligible for the original modification, they
were also ineligible for the FHA relief because that only covers a 12-month deficiency
and the Smiths were then behind by more than a year. According to Hyne, the Smiths
had no available relief.
But in April of 2012, the Smiths reapplied for modification and, notwithstanding
their file having been flagged by the servicer, received another three-month trial period
on April 30, 2012.16 They executed and returned another forbearance agreement on
May 16, 2012, but did not successfully complete the three-month trial.17
The Smiths filed this chapter 13 case on August 15, 2012, disclosing on their
Statement of Financial Affairs that First Horizons had commenced a foreclosure action
in 2012, obtained a judgment, and scheduled a sheriff's sale. In the chapter 13 plan
16 Ex. C. The April 30, 2012 cover letter signed by Foreclosure PreventionSpecialist Kim Graham contained identical language to the first trial period coverletter sent to the Smiths: "After all trial period payments are timely made, yourmortgage will be permanently modified."
17 Likewise, the new Payment Forbearance Agreement contained virtuallyidentical terms as the 2011 Forbearance Agreement. Ex. C, ¶s 3.C. and 3.D.
Case 12-12240 Doc# 75 Filed 05/15/14 Page 7 of 15
they filed with the petition, the Smiths proposed to pay $1,056 per month over 36
months.18 In paragraph 9 of the plan, they provided for payment of the First Horizon
mortgage debt through the trustee in the amount of $69,654.57 with an arrearage of
$3,888. Nationstar objected to confirmation contending that debtors understated the
arrearage and filed a proof of claim in the amount of $73,212.17, including an
arrearage of $23,993.14 on the date of the petition.19 The debtors objected to
Nationstar's proof of claim.20
For their objection to Nationstar's claim, the Smiths allege that they should only
be liable for payments in arrears that came due after they made their last trial
payment in January of 2012 and executed the Loan Modification Agreement.21 Had
Nationstar honored its offer to modify their loan, that agreement would've taken effect
on February 1, 2012 and their arrearage would only include missed payments from and
after March 1 – some 6 months. Their prior arrearage was added back into the
principal amount of the modified obligation and reamortized. Nationstar argues that
its rejected modification is a dead letter that doesn't affect the Smiths' long-term
arrearage. The Chapter 13 Trustee advised that the present plan cannot be confirmed
18 Dkt. 8.
19 Proof of Claim 4-1.
20 Dkt. 28.
21 In their objection, the debtors also initially challenged Nationstar'sstanding as the real party in interest to enforce the mortgage loan but advised attrial that Nationstar's standing was no longer an issue in the case. The Court
deems this issue abandoned or waived. Dkt. 28.
Case 12-12240 Doc# 75 Filed 05/15/14 Page 8 of 15
because the plan payment debtors propose does not cure this large arrearage,
rendering the plan unfeasible. She takes no position on the debtors' objection to
Nationstar's claim.
To prevail on their objection to Nationstar's claim, the debtors had the burden
of meeting the presumption of its validity that the Bankruptcy Code and Rules
provide.22 They met the presumption by presenting evidence that they made the
requisite three trial payments in November and December, 2011 and January 2012,
that Nationstar offered to them a loan modification, and that they accepted the offer
by returning the signed Loan Modification Agreement before Nationstar "withdrew"
the offer.23 The burden of persuasion then shifted to Nationstar to prove its claim by
a preponderance of the evidence. Whether the parties' correspondence, the executed
forbearance agreement, and the debtors' execution of the proffered Loan Modification
Agreement separately or together amount to an enforceable contract is a matter of
state law as is the determination of the extent to which Nationstar's claim should be
The Forbearance Agreement states that it is governed by Texas law even though
22 See 11 U.S.C. § 502(a) and Fed. R. Bankr. P. 3001(f).
23 At the hearing, counsel stipulated that the debtors executed the LoanModification Agreement and that Nationstar received it.
24 See 11 U.S.C. § 502(b)(1) (Claim allowed except to extent unenforceableunder applicable law).
Case 12-12240 Doc# 75 Filed 05/15/14 Page 9 of 15
it affects a note that is secured by Kansas real property.25 The Loan Modification
Agreement, Agreement to Maintain Escrow Account, and Letter of Acknowledgment
were all accepted and executed by the debtors in Kansas. None of them contains a
choice of law provision. In general, federal courts apply the choice of law principles
employed by the courts of the forum state.26 Kansas courts generally apply the law the
parties have chosen unless honoring that choice would offend public policy.27 While
Texas law specifically applies to interpreting the Forbearance Agreement, its legal
effect is not in dispute here. The Loan Modification Agreement involves the same note
secured by the same Kansas property and does not contain a choice of law clause.28
25 Ex. 1, ¶ 3.J.
26 Dang v. UNUM Life Ins. Co. of America, 175 F.3d 1186, 1190 (10th Cir.
1999); In re Patterson, 375 B.R. 652 (Bankr. D. Kan. 2007) (While dischargeabilityof debt is a bankruptcy issue, whether debt was owed was a state law issuerequiring Kansas bankruptcy court to apply Kansas choice of law principles.).
27 See Davis v. Miller, 269 Kan. 732, 739, 7 P.3d 1223 (2000) (parties' choice oflaw provision incorporating Kansas Uniform Premarital Agreement Act inpostmarital settlement agreement was not contrary to public policy and thereforeenforceable). See also Restatement (Second) of Conflict of Laws, § 187 (1969) (Lawof the state chosen by the parties to govern their contractual rights is an exceptionto general conflict of law principle that law of the state where land is locatedapplies); Mark Twain Kansas City Bank v. Cates, 248 Kan. 700, 705-07, 810 P.2d
1154 (1991) (applying Missouri choice of law provision to a mortgage coveringKansas property and executed in Missouri); In re Hildyard, 2014 WL 222113 at *4-5
(Bankr. D. Kan. Jan. 17, 2014) (applying Kansas choice of law provision in loanagreements and notes executed in Kansas to Colorado property encumbered by deedof trust).
28 Except as modified by the Loan Modification Agreement, the terms of theoriginal note and mortgage remain in full force and effect. Ex. 2, p. 4, ¶ 5.(b). Theunderlying Note contains no choice of law provision and is prepared on a FHAKansas fixed rate note form. Ex. A. The mortgage is a FHA Kansas Mortgage formand provides that it is governed by the law of the state where the property is located
Case 12-12240 Doc# 75 Filed 05/15/14 Page 10 of 15
In the absence of a choice of law provision in the Loan Modification Agreement,
Kansas choice of law principles must be applied to determine which substantive state
law should apply.29 The Kansas courts have not adopted the Restatement (Second) of
Conflict of Laws which utilizes the "significant relationship" test.30 Instead, they follow
the first Restatement's lex loci contractus rule – the law of the state where the contract
is made.31 Under either Restatement's rule and on these facts, I conclude that Kansas
law governs the Loan Modification Agreement in question. Kansas is the place of
contracting.32 The first Restatement provides that the state from which the acceptance
-Kansas. Ex. B, ¶ 14.
29 Clements v. Emery Worldwide Airlines, Inc., 44 F. Supp. 2d 1141, 1146 (D.
Kan. 1999) (Case brought in Kansas was governed by Kansas choice of laws).
30 Id.; Layne Christensen Co. v. Zurich Canada, 30 Kan. App. 2d 128, 38 P.3d757 (2002) (Kansas appellate courts follow the Restatement (First) of Conflict ofLaws when addressing choice of law issues); Central Power Systems & Services, Inc.
v. Universal Underwriters Ins. Co., __ Kan. App. 2d __, 319 P.3d 562 (2014) (Indeciding which state's law to apply to a contract dispute, Kansas courts apply theRestatement (First) of Conflict of Laws). See also Restatement (Second) of Conflictof Laws, § 188 (1971).
31 Restatement (First) of Conflict of Laws, § 332 (1934) (law governingvalidity of contract); Wilkinson v. Shoney's, Inc., 269 Kan. 194, 210, 4 P.3d 1149
(2000) (citing Restatement (First) of Contracts, § 74 (1932) – a contract is made
when the last act necessary for its formation occurs and at the place where thatfinal act is done); Central Power Systems & Services, Inc., supra (applying law ofplace of contract formation and for choice of law purposes that is the place in whichthe last act required for formation occurs); Foundation Property Investments, LLC v.
CTP, LLC, 37 Kan. App. 2d 890, 894-95, 159 P.3d 1042 (2007) (Kansas applies the
lex loci contractus doctrine for contractual disputes, which include promissory notesand mortgages).
32 Restatement (First) of Conflict of Laws, § 311 (place of contracting) and §
326 (1934) (place of contracting when acceptance sent from one state to another).
Case 12-12240 Doc# 75 Filed 05/15/14 Page 11 of 15
is sent is the locus of the contract. 33 The Smiths accepted the loan modification offer
when they signed and returned the agreement – the last act necessary to the making
of a binding contract – in Kansas.34 Thus the doctrine of lex loci contractus doctrine
indicates that Kansas law governs here. Kansas also has the most significant
relationship to the transaction and parties.35 The Smiths and their property subject to
the mortgage are located in Kansas and the Smiths executed the agreement in Kansas.
The ultimate issue here is whether the debtors' signing the Loan Modification
Agreement operated as an acceptance of an offer that formed a binding contract and
Kansas law applies in making that determination.
Kansas courts follow the rule stated in the Restatement (Second) of Contracts
that an offer, once accepted, cannot be revoked by the offeror.36 An offeree's exercise of
33 Restatement (First) of Conflict of Laws, § 326(b) (1934) (place ofcontracting when acceptance sent from one state to another).
34 See Clements, 44 F. Supp. 2d at 1146 (applying lex loci contractus to choice
of law issue and applying substantive law of Kansas since that was the place ofcontract formation.); Layne Christensen Co., 30 Kan. App. 2d at 144 (contract ismade where the last act necessary for its formation occurs); Wilkinson, 269 Kan. at
35 See Restatement (Second) of Conflict of Laws, § 188 (1971).
36 Restatement (Second) of Contract § 36(1) provides that an offeree's powerof acceptance may be terminated inter alia by revocation by the offeror. The powerof acceptance is terminated when the offeree receives the offeror's manifestation ofan intention not to enter into the proposed contract. Restatement (Second) ofContracts § 42 (1981). See Berryman v. Kmoch, 221 Kan. 304, 310, 559 P.2d 790
(1977) (an offer to sell may be revoked before the offeree exercises the power ofcreating a contract by acceptance of the offer); Talbott v. Nibert, 167 Kan. 138, 144,
147, 206 P.2d 131 (1949) (an option to purchase property becomes an enforceablecontract after acceptance and before the offer is withdrawn); Nieschburg v. Nothern,
Case 12-12240 Doc# 75 Filed 05/15/14 Page 12 of 15
the power of acceptance creates a contract.37 As the comment to Restatement (Second)
of Contracts states, "[o]nce the offeree has exercised his power to create a contract by
accepting the offer, a purported revocation is ineffective as such."38 So, after the Smiths
successfully made their three trial payments as the Forbearance Agreement required,
Nationstar sent them a proposed Loan Modification Agreement with all pertinent
terms defined. The agreement came under cover of an e-mail that required the
document to be signed, notarized, and returned by January 24, 2012. The Smiths
complied. Nevertheless, Nationstar argues that it withdrew its offer to modify the
Smiths' mortgage loan. The Smiths executed and returned (i.e. accepted) the Loan
Modification Agreement in a manner consistent with the instructions they were given
by Nationstar's representative and prior to their receiving Nationstar's March 19
101 Kan. 110, 165 P. 857 (1917)(mortgagee's offer to assign a certificate of purchaseissued under a foreclosure sale may be revoked until it is accepted; if the mortgagoraccepts the offer and gives notice of acceptance with the time required, the acceptedoffer becomes a binding contract.).
37 Restatement (Second) of Contracts § 35 (1981); Nungesser v. Bryant, 283
Kan. 550, 565-66, 153 P.3d 1277 (2007) (an unconditional and positive acceptance isrequired to form a contract); Wachter Management Co. v. Dexter & Chaney, Inc.,
282 Kan. 365, 370, 144 P.3d 747 (2006) (A UCC article 2 contract was formed whenbuyer accepted vendor's offer to sell it software by signing written proposal issuedby vendor); Steele v. Harrison, 220 Kan. 422, 428, 552 P.2d 957 (1976) (Acommunicated offer creates a power to accept the offer that is made and only thatoffer.); Wallerius v. Hare, 200 Kan. 578, 582, 438 P.2d 65 (1968) (A contract isformed upon a positive and unequivocal acceptance of the offer.); Prince Enterprises,
Inc. v. Griffith Oil Co., Inc., 8 Kan. App. 2d 644, 649, 664 P.2d 877 (1983) (Onemethod by which intention to contract may be demonstrated is by the process ofoffer and acceptance).
38 Restatement (Second) of Contracts § 42, Comment c (1981).
Case 12-12240 Doc# 75 Filed 05/15/14 Page 13 of 15
rejection letter. Once they signed and returned the agreement, it was too late for
Nationstar to withdraw or revoke its offer two months later.
Everything that passed between Nationstar and the Smiths before the March
19, 2012 rejection letter indicated that Nationstar intended to modify if the Smiths
performed. Nothing suggested the existence of the hidden condition that the
modification meet "investor guidelines." Remember that Nationstar had already
assured the Smiths in the October 24, 2011 cover letter that "your mortgage will be
permanently modified" if all trial period payments were timely made. After the Smiths
made the payments, Nationstar offered them a detailed proposed modification
agreement that they signed and returned. Then Nationstar attempted to terminate the
Smiths' power to accept the offer by revoking it, claiming as an excuse its alleged
obligations to a third party, FNMA. While a contracting party's failure to perform may
be justified by impracticability or frustration of purpose, Nationstar did not assert
either theory at trial and did not present any evidence to support that conclusion
here.39 All we know is that Nationstar belatedly concluded it could not modify this note
and remain within FNMA's "investor guidelines." We do not know what those are
because there is no evidence concerning the terms of Nationstar's contractual
obligations, if any, to FNMA. As the party with the burden of persuasion, Nationstar
had the burden to produce that information, but failed to do so.
Because the Smiths accepted Nationstar's offer to modify their loan before
39 See Restatement (Second) Contracts, § 261 (Supervening impracticabilitydischarges obligation) and § 265 (Supervening frustration discharges obligation).
Case 12-12240 Doc# 75 Filed 05/15/14 Page 14 of 15
Nationstar purported to revoke the offer, and because Nationstar has not substantially
justified its refusal to honor the modification, Nationstar is bound by the provisions of
the Loan Modification Agreement, at least for the purpose of allowing its claim here.
The Smiths' objection to that claim is therefore SUSTAINED, but because the record
is insufficient for me to determine the extent of their arrearage, if any, under the
mortgage as now modified, the parties are granted 21 days in which to submit a
stipulation as to the arrearage amount to be cured under the plan. If no stipulation is
filed by June 6, 2014, the Clerk will set the matter for an evidentiary hearing. A
hearing on Nationstar's objection to confirmation is continued until Nationstar's claim
can be allowed.
# # #
Case 12-12240 Doc# 75 Filed 05/15/14 Page 15 of 15
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The official source of information on Managed Providers, DataSet & Entity Framework from Microsoft
Since the release of the Entity Framework, we have received a number of requests for details and best practices from customers who are looking at migrating their LINQ to SQL based applications to the Entity Framework. In order to address this topic, we are beginning a new series of blogs posts that will look at various aspects of migration.
This first post in the series covers Eager Loading in LINQ to SQL, and the steps for migrating to equivalent constructs in the Entity Framework in .NET 3.5 SP1. Subsequent posts will cover Deferred Loading, LINQ specifics, concurrency, mapping, stored procedure support, and other topics. As we continue to approach the next release of the Entity Framework we will revisit how some of the new features aid in migration.
Eager, or immediate, loading occurs when you query for an object and all of the related objects are also returned. One of the major differences in how LINQ to SQL and the Entity Framework implement eager loading is that LINQ to SQL allows eager loading behavior to be specified at the context level, and the Entity Framework supports it at the query level.
LINQ to SQL allows you to define the eager loading behavior at the Context level. The DataLoadOptions class allows you to define the load behavior and attach it to a context. This defines the eager loading behavior for all entities that are fetched for that particular DataContext instance. For more information, see Deferred versus Immediate Loading (LINQ to SQL).
DataLoadOptions dataLoadOptions = new DataLoadOptions();
dataLoadOptions.LoadWith<Customer>(c => c.Order);
db.LoadOptions = dataLoadOptions;
List<Customer> customers = db.Customer.ToList();
The Entity Framework allows you to define eager loading at the query level by using the Include method. For more information, see Shaping Query Results.
List<Customer> customers = db.Customer.Include("Order").ToList();
The scope of eager loading differs between LINQ to SQL and the Entity Framework. LINQ to SQL supports per-context eager loading options and the Entity Framework supports per-query eager loading options.
In LINQ to SQL, you can define eager loading for any type of entity that is passed with the LoadWith method. For example, you can specify EntitySets that are directly available on an entity as an argument. For each EntitySet that is to be eager loaded, declare a new LoadWith clause and include it as a part of DataLoadOptions.
If this is done for a chain of hierarchy as shown in the below example, Customer ->Loadwith ->Orders->Loadwith ->OrderDetails, we can eagerly load multiple levels in the object graph.
DataLoadOptions dataLoadOptions = new DataLoadOptions();
dataLoadOptions.LoadWith<Customer>(c => c.Order);
dataLoadOptions.LoadWith<Order>(c => c.OrderDetail);
db.LoadOptions = dataLoadOptions;
List<Customer> customers = db.Customer.ToList();
The Include method allows multiple hierarchies of the EntityCollection to be denoted with dot (.) notation.
List<Customer> customers = db.Customer.Include("Order.OrderDetail").ToList();
In the Entity Framework, a single call of the Include method can eagerly load the multilevel hierarchy in an EntityCollection, per query.
In LINQ to SQL, multiple EntitySets can be eagerly loaded with an entity by adding each one of them using the LoadWith method of the DataLoadOptions class and attaching the DataLoadOptions object to the DataContext.
DataLoadOptions dataLoadOptions = new DataLoadOptions();
dataLoadOptions.LoadWith<Product>(c => c.OrderDetail);
dataLoadOptions.LoadWith<Product>(c => c.Supplier);
db.LoadOptions = dataLoadOptions;
Product firstProduct = db.Product.First();
In the Entity Framework, you can use the Include method multiple times in a query to eager load multiple EntityCollections.
Product firstProduct = db.Product.Include("OrderDetail").Include("Supplier").First();
LINQ to SQL keeps multiple LoadWith clauses in an array within DataLoadOptions. The Entity Framework allows you to add multiple Include methods on an entity for a particular query.
In our next post, will look at Deferred/Lazy Loading. Stay tuned and let us know what you think!
- The ADO.NET Team

subset: commoncrawl


text:
There are a substantial number of parcels of Open Country in Wiltshire. They are listed in the tables below. Just because the area is listed in the table, however, does not mean that there is general access to it for a number of reasons, including:
Other areas which have permissive access ( eg much Forestry Commission land, and land with access established by Defra) are included in the tables where possible.
The Access Land in Wiltshire in shown in five tables – these are:
Salisbury ( South Wilts ) District
If you believe that any of the details in these tables are wrong please email email@example.com quoting the relevant identifier ( ie WAL or WPL number). If you believe that an area of access land has not been included, please identify it by quoting the OS grid reference of its center.
Click on the area above to see the table. Each table lists the parcels of access land, and in many cases describes the rights of way that abut or cross the access land. However, please note that in some cases a right of way may be adjacent to the access land, but not allow access to it – for example a footpath may run alongside access land, but a fence or hedge, without stile or gate, may separate the footpath from the land. Wiltshire County Council is working to eliminate these circumstances but this will be a long term process.
Also shown in the table are:


text:
University of Gloucestershire
Steve Draper is a Principal Lecturer at the University of Gloucestershire teaching Sport and Exercise Physiology. After competing internationally in his sport of volleyball Steve returned to education to study Sport and Exercise Sciences. After achieving a First Class degree he completed a PhD studying the energetics of middle distance running. Steve has worked supporting athletes in a variety of sports including athletics, cycling and boxing.
Steve began working with Clem Burke four years ago, designing and conducting physiology tests for drumming that would allow for the quantification of energy cost. Steve is also a keen musician and plays the guitar in his spare time. Email: email@example.com
Chris Potter is Director of Studies for the undergraduate sport programmes at the University of Gloucestershire. Before moving into academia Chris was a semi-professional drummer, playing with a number of bands with styles ranging from jazz to reggae. He has also played in a wide variety of music environments including performances with an Indian Tabla player, a dub poet, and various other performers. His research interests include age-related changes in maximal power and heart rate during cycling, interpretation and implementation of oxygen uptake kinetics studies in children with cerebral palsy, and most recently, the energy cost of rock drumming. Chris is pleased to be able to combine his drumming interests with that of physiology. Email: firstname.lastname@example.com
Kate Mori's the Course Leader for the MA Sports Development, however Kate's working life began in the theatre, where she worked backstage in the West End and toured internationally with the Royal National Theatre. After several years 'on the road' she decided to pursue a career change, and progressed into the field of community sport and physical activity development. Before moving to Gloucestershire she was the Physical Activity Development Manager for St Georges and Pathfinder NHS Trust in south west London, and also the Research Manager for Sport England. Email: firstname.lastname@example.com
Kate will manage and coordinate the community outreach and development side of the Clem Burke Drumming Project, and is passionate about ensuring that the benefits of this project are seen 'beyond the lab'.
Joe Wilson is a composer and producer who started his career with the band Sneaker Pimps, selling over 2 million records worldwide. He has subsequently worked as a producer and remixer with artists as diverse as Placebo, Sophie Ellis Bextor, Marylin Manson, Natalie Imbruglia, The Libertines and Ian McCulloch. His music has been used in feature films such as 'A life less Ordinary', 'The Saint' and 'Spawn', as well as for adverts and various websites, including the start up ident for MusicMatch. He is also a practising artist with commissions from the CCA in Glasgow, the ICA in London, the BBC and Channel Four. More recently he has produced an album for the band Client for Mute records, producing the Top 20 single 'Pornography'. He is now the Course Leader of the Popular Music BA Hons degree at the University of Gloucestershire. Email: firstname.lastname@example.com


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May 11, 2012 9:35 AM
You may not have said it out loud but we heard you asking for 'em. These Vince High Waist Shorts ($236) are exactly what you were looking for. The cotton and linen blend is beyond comfortable, making them as relaxed as it gets, and the adult-length inseam creates a far more flattering silhouette than does the prepubescent apparel being marketed to women these days. Available in limited sizes, these shorts are going to sell out fast, so make sure to snag some up quick!
If you've got a product or service that you'd like to promote on Outblush, click here to find out about our advertising opportunities.
Outblush is a blog for girls who love to shop. Our staff digs up the best clothes, home stuff, beauty items, and more. New items are posted every day — bookmark us and check out:


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- Location:
- Renton, WA
- Party Albums:
- 5
Blue & Grey Elephant Baby Shower (18 photos)
Sign In or Register Now
I started planning my cousin's baby shower as soon as she announced she was pregnant. I knew without a shadow of a doubt it was a boy so I was planning before they found out. Once I saw the cute elephants that were out there I knew this had to be the theme.
The location was my mom's house so we were able to work on decorations the weekend before to ensure everything was perfect. There wasn't a surface in the living room/dining room that wasn't touched by shower decorations.
With the guest list being relatively small we decided on a sit down lunch with the things she had been craving.. fruit and sweets! Thanks to Pinterest I was able to nail down a fantastic menu of BLT pasta salad, watermelon feta & basil salad, a summer berry salad and chicken salad crescent purses.
The cake was made by me and was a fluffy moist white cake with a fresh strawberry compote and fresh strawberry filling and of course her favorite white chocolate butter cream. The elephant cake topper I made out of fimo clay a few weeks before the party so she could take it home and enjoy it later.
All in all it was a laid back comfortable day for her and seeing her smile was all I needed to know it was a success.


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Common Law Admission Test (CLAT) is a centralized entrance test prominent to National Law Universities in India.
Eligibility criteria for CLAT Exam:-
For Under Graduates:-
Candidate must have cleared 12th class or its equivalent qualification from any recognized board with 50% marks (45% for reserved category).
Candidates appearing for 12th class can also apply.
Age Limit – 20 years (22 years for reserved category)
For Post Graduates:-
Candidate must have LLB/B.L degree or its equivalent degree from any recognized board with 55% marks (50 % marks for reserved category).
Candidates appearing for final year can also apply.
CLAT 2014 Date:- Sunday, 11 May 2014 (3:00 – 5:00pm).
Extension of Timeline for submission of filled-in Application Forms till Tuesday, 15th April 2014 (11:59 pm)
CLAT Exam Preparation Tips:-
Time management is essential key to crack CLAT exam. Prepare a proper time table and select a good CLAT course. Regular practice is must for scoring well in exam. Solve the past papers which will help you in increasing your speed and accuracy.
List of Books for CLAT Exam Preparation:
• A Complete Self Study Guide for LLB by DK Kapoor
• CLAT 2013 by Expert Compilation
• Guide to CLAT by Hema Raman
• CLAT and LLB Entrance Examination by AP Bhardwaj
CLAT 2014 Pattern:-
Candidate applying for graduate course, the pattern paper contains 5 sections:-
• English including Comprehension
• General Knowledge/ Current Affairs
• Elementary Mathematics
• Legal Aptitude
• Logical Reasoning
Candidate applying for post graduate course, the pattern paper contains two sections:-
• Multiple choice questions
• Long essay type descriptive question
CLAT 2014 Syllabus:-
Syllabus for post graduate:-
• Law of Contract
• Law of Torts
• Family Law
• Criminal Law
• Constitutional Law
• Legal Theory
List of Colleges in India accepting CLAT Score:-
• Symbiosis Law School, Pune
• School of Law, Gujarat
• Government Law College, Kerala
• National Law institute University, Bhopal
• Indian Law Societies Law College, Pune
Top Coaching Institutes for CLAT Exam in India:-
• Triumphant Institute of Management Education Pvt Ltd (T.I.M.E)
• Career Shapers Education Forum
• IMS Institute
• Sriram Law Academy
• Prime Tutor


text:
Graduate Programs
Back to Program List | Program Website
Microbiology and Immunology
IntroductionThe program leading to the Master of Science degree in microbiology and immunology prepares students for careers as professional microbiologists/immunologists in industry, government, education, and research organizations, or for further professional training.
Areas of specialization in the Microbiology and Immunology program include indoor allergies, basic and clinical immunology, retrovirology (retroviral variation, HIV, endogenous retroviruses), immunotoxicology, viral pathologenicity, vaccine development, immunoparasitology of ectoparasites, microbial ecology, immune modulation, algal toxins, inflammatory and immune effector cell function, cytokine signaling and apoptosis.
The M.S. degree in microbiology and immunology requires the submission and oral defense of either a research-based or literature-based thesis. Candidates are required to obtain a major advisor and an advisory committee. For the research-based thesis, the advisory committee will help formulate a study program to include a minimum of 20 quarter credits of graduate-level course work and 25 quarter credits of research (which could include journal clubs, seminars, or special topics). For the literature-based thesis, the student, with assistance of the advisory committee, will select the additional courses required to fulfill the 45 credit hour limit. The advisory committee will also provide counseling and evaluate student progress. If a student is uncertain of a major area of concentration, the program director will serve as a temporary advisor until the student selects an area and is accepted by an advisory professor.
AdmissionApplicants must fulfill the requirements for admission established by the School of Graduate Studies. Preference is given to students with a grade point average of 3.0 or better on a 4.0 grading scale. Letters of recommendation and GRE scores are also considered.
Degree Requirements1. Candidates must complete a minimum of 45 quarter credits and must participate in at least six graduate seminars.
As part of the 45 credit hours, students must complete two quarters of Biochemistry (BCH 750 and 752) and at least two formal courses with an M&I prefix.
2. Candidates must maintain a 3.0 cumulative average with no more than nine credit hours of C grades applicable to the degree.
3. A maximum of 10 credits of graduate courses may be transferred fromother institutions.
FacultyMicrobiology and Immunology
Faculty members for the Departments of Biological Sciences; Biochemistry and Molecular Biology; Pharmocolgy and Toxicology; and Neuroscience, Cell Biology, and Physiology with interests in microbiology and immunology constitute the program faculty.
James P. Amon, environmental microbiology
Larry G. Arlian, immunoparasitology, allergies
Nancy J. Bigley, immunology
Julian G. Gomez-Cambronero, inflammation, cytokine signaling
Barbara E. Hull, skin, viral pathogen protection
Dan E. Krane, DNA, molecular evolution
Associate Professors
Scott E. Baird, evolution and development
Thomas L. Brown, apoptosis, cell signaling
Mill Miller, intracellular transport
Dawn P. Wooley, virology, HIV
Assistant Profressor
Courtney Sulentic, cellular and molecular immunotoxicology
Financial AssistanceTwo graduate teaching assistantships are available on a competitive basis. These carry a waiver of most tuition and instructional fees. Appointments are made for one year and may be renewed for a second year.
Graduate School
E344 Student Union
Voice: (937) 775-2976
Fax: (937) 775-2453
E-mail: firstname.lastname@example.com


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The Feed
By Stephanie March
Foodie File
By Dara Moskowitz Grumdahl
The Host
Harvest Beer Festival
Mpls.St.Paul Event
Restaurant Week
Party Patrol
By Parties Editors
The Morning After
By Tad Simons
Arts Off The Cuff
by Arts & Nightlife Editors
Ali Shops
By Allison Kaplan
ASID MN Showcase Home
Exceptional Properties
By Edina Realty
Super Real Estate Agents
Super Mortgage Professionals
Outstanding Nurses
Fit Fest
The FAM
The FAM Editors
Featured Promotion
Prep Schools
Aisle File
By Emily Howald Sefton
Real Brides
By Real Brides-to-Be
Diamond Awards
We are running out of arable land on planet Earth, weather patterns have shifted because of global warming, and farming in our state alone has taken a big wallop from those changes. Food insecurity affects more than 10 percent of Minnesotans, and nationally 20 percent of children go hungry each day. The energy we use to produce food is increasingly more expensive and takes more out of our system than is practical or sustainable. Scary stuff, right? Well, there is some good news: I think I just ate something that will have a greater impact on our lives tomorrow than any food I have eaten in my lifetime. I just ate the world's first plant-based "egg."
In the venture capital meccas of San Francisco and Silicon Valley, the new tech frontier is food, and what's going on out there is revolutionizing what and how we eat. Hampton Creek Foods is generating huge excitement and pulling in millions of investment dollars from the Founders Fund (which helped start Facebook and Napster) and folks like Bill Gates. Hampton Creek is creating the next superfood: Beyond Eggs is the project and the product.
Traditional chicken eggs aren't very food-safe, have limited shelf life, are delicate, and their modern production methods have a harmful environmental impact. Caged chicken egg production is an emblem for everything farming and food systems shouldn't be. And yet eggs are a perfect food in many ways, and if you wanted to start somewhere, why not do it with the one ingredient that's synonymous with the very essence of life? The goal of Beyond Eggs was to perfectly re-create the egg, making it entirely out of plant material.
Enter the entrepreneur. The CEO of Hampton Creek Foods is a young 33-year-old named Josh Tetrick, and he's one of the smartest and most charismatic men I have ever met. Tetrick returned to the United States after seven years in Africa working on a variety of social wellness campaigns. After work at TOMS Shoes, he launched 33needs, a crowd-funded company connecting social entrepreneurs to investors. He founded Hampton Creek in 2011, hiring a fleet of international biochemists and food scientists and setting them to work in a laboratory and test kitchen in San Francisco. The task was to replicate the chicken egg and all its functionality, flavor appeal included.
First they isolated the egg's 22 different functions. Remember, eggs gel, they emulsify, they perform cooking miracles in cakes, muffins, and cookies, from making batter rise to helping sauces emulsify. And they're a superfood. Tetrick's team spent the past two years testing thousands of plants, isolating a protein here, a vitamin there, some color over yonder, then creating countless batches of chocolate chip cookies, salad dressings, cakes, and omelets to find the exact mixture of compounds that are fully functional and taste right. Their kitchen has $80,000 particle analyzers and toaster ovens sitting side by side. It was impressive to spend a day at Hampton Creek and watch the entire process unfold before my eyes. I watched as beans, lentils, carrots, and other plants had their individual characteristics isolated, turned into powder, and then used for baking or mixed with water to be scrambled.
I tasted chocolate chip cookies and mayonnaise made with Beyond Eggs and the results were better than I could have imagined; in fact, I preferred the taste of their Just Mayo to Hellmann's, my must-have brand. In a blind test, I found the cookie made with plant-based eggs to be far superior to the exact same recipe made with commercial chicken eggs, a common reaction according to Tetrick's team of scientists. In recipes, one of the drawbacks of traditional eggs is their tendency to mask other flavors. The plant-based egg mayo was sublime—I could taste all the acids and the oils in balance, and I got all the egg flavor and texture while the other ingredients still shined through. Same with the cookies. The caramelized sugars and chocolate and vanilla flavors in the Beyond Eggs batch were superb, while dimmer in the conventional recipe. I also became the fourth human being on Earth to eat a scrambled plant. It still needed work; texturally and flavor-wise it lacked the perfection of a real egg. I gave it a B minus. By 2014 they should have it perfected, but you don't have to wait that long to test me on this: Beyond Eggs Just Mayo is in Whole Foods right now.
The United Nations' food and agriculture folks said that in the year 2000 global demand for eggs was 14 million tons. By 2030, they say it will be 38 million tons. Hampton Creek's Beyond Eggs are 18 percent cheaper than battery cage eggs. They're cholesterol free, non-GMO, soy free, gluten free, dairy free, and have no artificial colors. They use less water to make than standard egg production, produce fewer carbon emissions, and their shelf life, ease of use, and portability don't have boundaries.
Welcome to the future, a world of solutions to global problems brought to you by young entrepreneurs. I don't know about you, but I'm sleeping easier.
Mpls.St.Paul Magazine | mspmag.com
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text: The Saudi firm of Zuhair Fayez and Partners (http://www.zfpit.com) has received an award from Microsoft for the best company in the Middle East and Africa region dealing with developing and distributing technology information systems. The award was presented on Saturday during Microsoft's ongoing annual conference in Atlanta, Georgia, attended by participants from over 80 countries, which is focusing on new developments in computer, Internet, and communications technology. Zuhair Fayez and Partners was one of five finalists, all from different regions, in the category of business solutions. The company, which was set up twenty-five years ago as architecture and engineering consultants, established its information technology sector in 1990 to address the need for effective information management software solutions for business applications.


text: Courtney Point Collection The Courtney Point Collection is ideal for a diverse range of outdoor home styles, from traditional Craftsman to exotic Asian. Its bold, clean cast-aluminum frame features delicate banding details and strong curves that are enhanced by a rich Architectural Bronze finish. This deep neutral tone is balanced by the pale luminosity of the Satin-Etched Cased Opal glass shade.


text:
UFC veteran Jason Reinhardt joins us this week on
Carson's Corner.
Reinhardt (http://www.jasonreinhardt.net/) is 20-1 as
a fighter and serves as matchmaker and promoter for
the Courage Fighting Championships. Well versed in
Pat Miletich's world-renowned Miletich Fighting
Systems and training at Mike Griffin's Pro Gym, Jason
has a wealth of experience in the fight game and the
stories that go with it. Bob takes Jason into
Carson's Pit for a very challenging and thorough
In addition, Bob's "News and Rumors" segment this week
breaks two HUGE scoops! You will learn Kimbo Slice's
opponent for the upcoming EliteXC show on CBS, as well
as some behind-the-scenes details on his opponent's
training camp for the bout. You will also hear some
very exciting news about Tim Sylvia and HDNet Fights.
This week's show delivers in every possible way.
To listen, click here:
To listen or download from podomatic:


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The Holy Spirit Promised
Jesus promised the Apostles the Holy Spirit, assuring them that He would,
comfort them;
dwell in them (John 14:16);
teach them all things;
bring all his teachings to their remembrance (John 14:26);
testify of Jesus (John 15:26);
convict the world of sin, righteousness and judgment (John 16:7-11);
and speak through them (Matthew 10:15-20).
The Last Supper
On the night of his betrayal, Jesus instituted a supper to be kept in memory of him--his death and sufferings (Matthew 26:26-30). It was designed,
to keep Him enshrined in the hearts of His disciples to the end of time;
to proclaim His death until he comes again (1 Corinthians 11:23-29).
Agony in the Garden
After the supper Jesus went to the garden of Gethsemane where, under the mighty weight of the world's sins, He cried to His Father to let the cup of sorrow and suffering pass, but expressed his willingness to submit to the terrible ordeal (Luke 22:39-46).
Jesus was betrayed by one of His Apostles, Judas Iscariot (Luke 22:47).
His Trial
The trial of Jesus was the most consummate farce in the annals of the world. He was carried from court to court (Matthew 26:5-75; Luke 23:1-12), and finally condemned to die without the establishment of a single charge against Him (Luke 23:13-26).
Jesus was crucified between two malefactors, forsaken of God and man (Luke 23:27-48).
Sayings on the Cross
The utterances of Jesus on the cross were,
His prayer to God in behalf of His tormentors (Matthew 23:34);
His reply to the dying thief (Luke 23:39-43);
He requested the disciple whom He loved to take care of His mother (John 19:25-27);


text:
Pre-order your new home kit
by Sunderland AFC
Pre-order service available until 12 noon on Tuesday.
There's still time to pre-order your new Sunderland home kit in time for launch day later this week.
Pre-orders are being taken in club stores and online via www.safcstore.com until midday on Tuesday 22nd July.
'Click and collect' is also available free of charge, whereby fans can order their shirt in advance to be delivered to the Stadium of Light store or The Galleries, Washington, to collect in person on launch day. This must be ordered online at www.safcstore.com.
The kit is officially released at 9am on Friday (July 25).
The traditional red and white striped shirt, manufactured by adidas and sporting the name of principal club partner Bidvest, is accented with black panels and a striking gold trim. The close fitting design features adidas' patented Climacool fabric and is complimented by the kit partners' iconic three white stripes logo.
The shorts are traditional black, set off by a red trim and adidas detailing and the socks are black with a red trim.
The kit was modelled in a recent photo-shoot by Black Cats stars John O'Shea and Steven Fletcher, whilst goalkeeper Vito Mannone donned a new-look goalkeeper shirt which will also be available in club stores.
Free standard UK delivery is available on all orders over £55.


text:
In "The House of the Four Winds" http://www.amazon.com/House-Four-Winds-Dozen-Daughters-ebook/dp/B00HXZZXV6/ref=sr_1_1?ie=UTF8&qid=1409888853&sr=8-1&keywords=The+House+of+the+Four+Winds, a sword and sorcery yarn set on the high seas, one small duchy decides that it will let its daughters make their own way. Mercedes Lackey and James Mallory, who teamed up in the dynamite "The Obsidian Trilogy" http://en.wikipedia.org/wiki/The_Obsidian_Trilogy, have chosen a lighter tone in this navel fantasy, but it serves them well. More importantly, these two veteran authors know how to pen a believable female character and romance with snappy dialogue and smart character portrayals.
Princess Clarice, who has trained with the best swordsmen in her realm, travels to a major port, to board ship for the New World. Rather than wear a skirt, Clarice, puts on a pair of trousers, and as Clarence Swann seeks a berth as a swordsman. Masquerading as a man is a time honored fiction motif, but it is handled well here. She buys passage on the lucky Captain Sprunt's Asesino. Sprunt has somehow escaped several encounters with pirates. Clarice quickly befriends the guild trained navigator Dominick Moryet and the ship surgeon, Dr. Chapman.
Once the ship is underway, Clarice finds a place at the Captain's Table and meets the rest of the officers and the unmerciful ship's chaplain Reverend Dobb. Lackey and Mallory quickly paint a vivid picture of shipboard life on the seas. And it is not a happy one.
Clarice watches as Sprunt and his first mate start to brutalize the crew in a calculated manner - punishing selective crewmen for minor transgressions. It soon becomes clear that the ship is a powder keg just waiting to erupt. Could there be an ulterior motive for Sprunt's actions?
When the inevitable mutiny occurs, Clarice will prove her skill with her blade and pay a pivotal role in the fight for control of the ship. However, the law of the seas is unfair. Irrespective of Sprunt's brutality, a mutinous crew who seizes control of a ship is tarred as pirates.
After the mutiny, Clarice seizes from the evil Dobbs a pendant that has a hidden map. The ship decides to use the map and finds its way to a secret pirate base, where they meet the lords of the Pirate Fleet, and the powerful sorceress that rules the haven. Clarice soon surmises that there was more to Sprunt's luck than skill. All the answers are at the pirate haven.
But the safety of the pirate haven is an illusion, and Clarice, who is developing feelings for the dashing navigator, and Dominick will be attacked by magic and forced to sail to uncharted waters, where magic, monsters and the very seas will be a boil. While the outcome is never in doubt, the confrontation has some good surprises.
This straight forward ship tale is not complicated, but its never boring. There is plenty of action. Clarice will play a pivotal role in all of the major scenes in this yarn
Its a good sea fantasy. Hop on board.


text:
Browse through our selection of type specimens and get a feel for their charm and function.
We have prepared a quick guide to using our fonts on the web and in mobile apps. Click here to learn more.
TypeTogether's primer lettering, font usage and tailored typography.
Meet AwanZaman, a dual-script sans begun in geometric Arabic, designed by Dr. Mamoun Sakkal and Juliet Shen
Sneak peek: LFT Etica Sheriff, the moralist sans goes West!
NEW! Check out Bely, a classy throwback textface with a fearless and venturesome display ó designed by Roxane Gataud.
Black & Black Italic styles for display sizes ">
Take a look at the new expansion of Alisa Nowakís Eskapade Fraktur: Black & Black Italic styles for display sizes
TypeTogether is commited to excellence in type design with a focus on editorial use. Additionally, TypeTogether caters tailored type design for corporate use.We invite you to surf our library of retail fonts or contact us to discuss custom type design projects.
June 2016
Roxane receives 2016 SOTA Catalyst Award
June 2016
May 2016
TypeTogether Celebrates Tenth Anniversary!
May 2016
3rd Typeface Publishing Incentive Program Result
April 2016
Upcoming lecture in NY
April 2016
Why do we need more typefaces?


text:
Try Circuit Training
"My secret psych-up for circuit training is that I feel like I can do anything for 30 seconds or a minute, so I push myself much harder when I work out in a circuit," Kaehler says. Since you're constantly changing activities, you tend not to slow down, the way you would if you were on the treadmill for 30 minutes. "When you're doing a circuit, you burn about seven calories a minute," Westcott says. "That's about 200 per half hour."
Circuits are easy to create at home: Just alternate a cardio move with a few strength exercises, as in the following example:
- Jump rope (or do jumping jacks) for 30 seconds to one minute, then grab some weights and…
- Do as many biceps curls as you can in one minute, then…
- Do as many lunges (alternate legs) or squats as you can in one minute, then grab some weights and…
- Do as many overhead triceps extensions (work arms one at a time) as you can in one minute, then…
- Jump rope for 30 seconds to one minute, then rest 30 seconds. Repeat this circuit two or three times.
Clock Your Efforts
There's nothing like using a stopwatch to assess your intensity. Make one of your weekly workouts a timed one. If you're a runner, find a hill and run repeats: Run up, timing yourself, and then jog back down. Repeat eight to 10 times, trying to continue running up the hill in the same amount of time. If you're a walker, map out a mile and time how long it takes you to walk it. Now push it: If you walk a 20-minute mile, shoot for 17 to 18 minutes; if you pump out a 15-minute mile, try for 12 or 13.
"These push-the-pace workouts really improve your underlying endurance," Smith says. When you find that they get too easy, try to do them at a faster pace.
Love What You Do
"Pick an activity you enjoy, whether it's soccer, golf, rock climbing, or cycling, and you have a built-in motivation to do more of it because you'll want to improve your skills for your sport," Brooks says. "If you're excited about something, you're motivated to become proficient at it and to do it more frequently, which will translate into results."
Discover Centering Activities
Sometimes it's not about the calorie burn but about rebalancing your chemistry. When stress hits, adrenaline mobilizes your fat cells to discharge their energy stores into your bloodstream. Cortisol then grabs the excess and stashes it in your abdomen. "Learning to manage our stress response so we're not draining our systems, which can disturb metabolism and lead to weight gain, is a key factor here," Smith says. Choose the activity that you find most meditative, whether it's yoga, hiking outdoors, or stretching. Do it regularly.
"You actually need fewer calories now than you did in your 30s," Peeke says, "in part because your metabolic rate slows due to the aging process." Try these nutritional strategies to help you reclaim your waistline.
Don't Cut Calories, Redistribute Them
"Eat every three to four hours, and you'll find your cravings are under control, and when dinnertime hits, you're not foaming at the mouth," Peeke says. This pattern gives you the best chance for the lowest body fat, the optimum muscle mass, and the highest level of satiety.
If you're waking up at six a.m. or so, you'll probably want to eat five times during the day. Wake at eight? Cut out one snack. The following is Peeke's eat-smart schedule:


text:
I am wondering if any one has a "family plan" in case they are involved in a shooting. We put together a plan years ago when I was verbally confronted with a BG in a public place. I just read a LE article covering some of these same points:
1. Do exactly what I tell you, and don't ask questions
2. Get as far away from me as quickly as you can, then call the police.
3. Do not try and help me if I'm shot, you will only draw fire and get in the
line of my return fire.
4. I will not have time to protect you so stay away from me no matter what
5. When you call the police stay on the line give them your description and
location and my description and location.
6. Describe the circumstances to the police, stay calm.
7. Stay out of sight and behind cover until the police or I come and get you.
Lets hear what plans you have.


text:
Skydiving.com now has a network skydiving location serving North Clarendon and Rutland County in Vermont. Call Skydiving.com at 1-800-617-7948 for details, free information and specials on skydiving in North Clarendon, VT today!
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Sign up for our newsletter and receive updatesand specials on skydiving across America!


text:
About two months remain in the 2013-14 athletic season, a campaign marked not only by conference titles and trips to the Rose Bowl and Final Four, but also by the five-year anniversary of Stanford's creative video department: The Cardinal Channel.
Director of Creative Video Bud Anderson, the architect of The Cardinal Channel, has overseen its growth into one of the top creative video departments in the country over these last five years. Anderson and his staff, which currently includes assistants Hunter Armor and Anthony Banares, have produced over 1,200 videos and features, from which the staff has selected their Top 25.
"It's been a fantastic five years producing video for Stanford Athletics as The Cardinal Channel," Anderson said. "We've got an incredibly creative and talented team that loves their work and constantly pushes themselves to present Stanford student-athletes in new and innovative ways. The opportunity to work with amazing coaches, talented student-athletes and a department-wide staff that is the best in the business is a true pleasure. We love solving problems for people through video and Stanford gives us the flexibility and trust to do so.
"We've produced over 1,200 creative pieces in my time here and it's incredible to look back at the cast of characters that have come through TCC, such as Mike Johnstone shooting Ray Lewis' speech to the men's basketball team, Khari Jones directing "Live at the Fiesta Bowl," Kevin Danna as Niegyl Colin, and cameos by Jim Harbaugh, President Hennessy, Condoleezza Rice and John Elway," Anderson added.
Whether a piece features All-America running back Toby Gerhart trying out synchronized swimming, follows women's basketball All-Pac-12 selection Mikaela Ruef throughout her busy gameday schedule, or men's volleyball All-American Brad Lawson belting out the Stanford Alma Mater, Anderson and his staff have captured every aspect of the unique Stanford student-athlete experience.
In recent seasons The Cardinal Channel has been at the forefront of Stanford's "Nerd" movement, working with women's basketball All-Americans Nnemkadi and Chiney Ogwumike to produce a pair of smash anthems which have personified the Nerd Movement. "Nerd City Kids" (2012) and "N-E-R-D-S (#NerdAnthem)" (2014) were released ahead of the Stanford women's basketball team's Final Four runs in 2012 and 2014, respectively, and were featured prominently to millions of viewers through such outlets as ESPN, Fox Sports and the Pac-12 Network.
GoStanford.com had the chance to sit down for a quick Q&A session with Anderson, Armor, and Banares, getting each of their memories and thoughts on some of their favorite Cardinal Channel moments.
GoStanford.com: Which single piece is the most memorable to you? Not necessarily your "favorite" but the most memorable?
Bud Anderson: As a singer I've got to say my favorite is "Get Up". I wrote, sang and mixed the alternate lyrics and to see Richard Sherman and Michael Thomas lip synching to me covering James Brown was awesome.
Hunter Armor: The most memorable piece for me would be "Take the Rope" because it was one of the first Cardinal Channel Pieces I produced and in a way established my style for future pieces.
Anthony Banares: "The Infamous Three". This piece was definitely the most challenging piece I've had to deal with. What started as a 90+ minute interview needed to be cut down to a more digestible length without losing the important nuances. After getting it down to under 12 minutes, the only material I had to my disposal was from a scrap book that had newspaper clippings, photographs and other related items which the interviewees kept. I then needed some visuals that brought back angles of the story that were removed. Unfortunately, many of the locations that were mentioned in the story no longer existed, most notably the "waffle house," the Student Union which was closed down for renovation (the place was completely gutted and fenced off) and The Bay Bridge, of which the new span could not be shown for obvious reasons.
GS: What are some good "blooper"-type of moments you can recall from any of the pieces that you've produced?
BA: Chiney not being able to figure out how to use a boom box in #NerdAnthem was pretty epic.
HA: Mikaela Ruef had plenty of blooper moments in our day of coverage of her. I would say the Kulabafi video had a bunch of funny lines we didn't have room for in the final piece as well.
AB: None come to mind at the moment.
GS: What has changed the most from the time you started with The Cardinal Channel to now?
BA: The tools and technology accessible to us have changed dramatically. We started with one SD camera a shotgun mic and a tripod. Now we've got sliders, diffusion, prime lenses, slo-motion cameras that shoot media to SD cards instead of tape. The one constant has been the great ideas. It's fun to look back and see that the ideas still hold up.
HA: Expectations is the biggest change I feel. Each year we set the bar and we have to take it another step higher the next.
AB: Overall quality. When I first started, we were heavy into putting out as much content as we possibly could. Over the years, we've shifted our focus to creating more creative pieces. We spent extra thought and energy into conceptualizing, capturing and finishing out pieces.
GS: Who are/were some of your favorite athletes to work with over the past five years?
BA: Definitely a battle between Toby Gerhart and Chiney Ogwumike. Toby was always up for anything and Chiney was our unofficial intern.
HA: The Ogwumike sisters from women's basketball and Stepfan Taylor from football. Both were always fun to shoot and collaborate with.
AB: Chiney Ogwumike. She has a very strong grasp of how to present herself in front of the camera. Whatever we asked of her, she understood and was able to give us what we needed to give the finished piece that extra something.
GS: What are some other memorable Cardinal Channel pieces that didn't make the Top 25?
BA: My Top 5 that didn't make it.
5. Super Hoopsters - Unstoppable Speedstress (Jayne Appel)
4. Cardinal Channel Live from the Fiesta Bowl
3. Bob Bowlsby Kicks Cartoon Money
2. 19 Hours: Field Hockey
1. Totally Useless Talents - Amy Tucker bird call
HA: So many, I think the beaver dance scene from the original Real Ladies of Maples or Chasson Randle vs. Kevin Danna in H-O-R-S-E. The beaver dance is just catchy and the Randle piece was a fun way to meet Stanford newest freshman at the time.
AB: "A Conversation with David Shaw", "Chiney Magic Carpet" (development), any of the other "19 Hours" pieces (they were fun to do), and any of the"Six Pack" series. I guess I could say that anything I've taken part in is always a memorable one.


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Former coach Bill McCartney, who red-lined the Huskers on the Buffs' schedule and began referring to Nebraska as CU's rival in the now-defunct Big Eight Conference, addressed the Buffs for about 20 minutes Sunday before practice.
Sophomore quarterback Tyler Hansen said McCartney, CU's winningest football coach (93-55-5, 1982-94), received a standing ovation from the team and staff at the conclusion of his talk.
"He was awesome," Hansen said. "(Sunday) was the first time I'd ever heard him talk or met him . . . he really got us fired up."
Since he retired, McCartney has not been a stranger to addressing CU teams; he's done it for every coach that followed him -- Rick Neuheisel, Gary Barnett and now Dan Hawkins. The thrust of McCartney's message on Sunday, said Hansen, was that physical play is a must if CU is to defeat Nebraska on Friday afternoon at Folsom Field (1:30 p.m., ABC).
"His underlying message was, 'Go out and hit them in the mouth,'" Hansen said. "He told us, 'Those guys are good . . . but don't be afraid to go hit them in the mouth.'"
Nebraska comes to Boulder as the Big 12 Conference's North Division champion after defeating Kansas State 17-3 Saturday night in Lincoln, Neb.
The Cornhuskers improved to 8-3 overall and 5-2 in the league, while the Buffs stand at 3-8, 2-5 after their 31-28 loss at No. 12 Oklahoma State on Thursday night.
With no bowl awaiting them, Hansen said the Buffs are viewing Friday's season finale "as a preview of 2010 . . . at least for the young guys.
"We don't have many seniors (17), but all of them are really good guys who have been through a couple of rough years. And, of course, we want to send them out on a good note.
"Even if this hasn't been the kind of season any of us wanted, we want to end it on a good note."
In the same team meeting that featured McCartney's talk, Hansen said Hawkins addressed his future, telling his players he was "solid" for 2010, but adding, "there will always be doubters.
"We think he's solid, but I think we'll be playing as if we were playing for our coach's job. I think we'll look at it like a must-win for us and a must-win for our coach.
"It's not an ideal situation, but he said he and Mike (Bohn, athletic director) are good - and we're going to believe that. But the bottom line is we just need to get a win to help us going into next year."
In the Cornhuskers, the Buffs will face one of the Big 12's top defenses. Nebraska is third nationally in scoring defense, yielding 10.3 points a game, and eighth in total defense, allowing 281.3 yards a game.
By contrast, CU ranks No. 108 among 120 FBS teams in total offense (306.2 yards a game), No. 113 in rushing offense (83.7) and is No. 117 in sacks allowed (3.91).
The Buffs obviously believed passing provided their best chance to win against the Cowboys, with Hansen and backup Cody Hawkins completing 30-of-49 attempts for 238 yards and three touchdowns (five sacks between them).
CU ran 22 times for only 13 yards (minus-35 sack yards) against OSU.
"We know Nebraska has a really good defense, and we've got to put up some points to have an opportunity to win," Hansen said.
The Cornhuskers' run defense is anchored by tackles Ndamukong Suh and Jared Crick. Hansen said their presence is likely to make the Buffs "spread the ball around, maybe throw the ball on them.
"But we have to see what happens early, find an identity and go from there. We've done pretty well in the passing game for a couple of weeks now."
That's primarily due to the emergence of receiver Markques Simas, whose combined totals in the past three games are 25 receptions for 353 yards and two touchdowns.
Contact: firstname.lastname@example.com


text:
More New and Used
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Conversacion y Controversia : Topicos de Hoy y de Siempre
ISBN13:by Andres C. Diaz; Nino R. Iorillo
Prentice Hall Professional Technical Reference
Related Products
This book contains many interesting and important universal topics that will encourage readers to explore the art of free expression in Spanish. It provides a springboard for discussions and debates that will enable users to increase and improve their fluency in the Spanish language.
An examination and articulation of personal opinions and values will evolve from this book's various philosophical themes, such as abortion, capital punishment, euthanasia, and the right to bear arms in the United States. Lighter topics include the benefits of rising early and late, the choice of eating meat or being a vegetarian, the pleasures of living in warm and cold climates, and a friendly debate on the "battle of the sexes."


text:
This brokedown palace has been empty for what, four years now?
Be my guest, sign a lease and then show us all how to make money out of The Great Money Pit of the Western NoPA.
Well here's the official notice, seen in the Western Addition just north of the Panhandle and, I might add, just after election time:
Click to expand
Mind you, these aren't big big city blocks the likes of which you'll find in SoMA or out in the Avenues. These are small blocks chock-a-block full of bus stops. Check it, and remember that Ashbury used to have stops as well.
So hurrah for the SFMTA.
They're trying, I'll give you that.
Click to expand
Yeah, I don't know….
You know, if I dropped out of an Ivy to start up a transportation app in Frisco, I think I'd offer an Android version, you know, for the 79% of the world what rolls that way.
But that's just me.
Anyway, they're not per se illegal from the get-go, and that's so unlike a lot of Ron Conway*-type startups what litter the 415 these days, so they've got that going for them…
*Hey, did Ron Conway really try to improperly intervene with SFGov over the parking spaces near Pinterest HQ? Ooh, that's pretty cheesy, RC!
Whether it's to open something new or to hunker down until better times I don't know.
Anyway, it used to be like this but now it's like this:
Click to expand
Oh, here's one.
As seen on Divisadero, on the same block as the Popeye's Chicken:
Click to expand
Keep on chasing those rainbows, area real estate interests.
So many NIMBY meetings to attend, so little time…
Remember back in the day, when Little Star Pizza had a GroupOn type of 50% off deal?
Well, that one didn't last long – sold out with a quickness.
But now, a similar deal is back, courtesy of Google Offers.
Note that this if for Early Birds only, so you'll need to be seated by 6:30 PM. (Little Stars are busy enough during prime-time dinner hours already, right?)
Also, Hurry! As this deal won't last long.
So far, all of the other deals offered by Google Offers since it began in San Francisco have been good as well.
Like this:
Now, you know Little Star, right?
Western Addition 846 Divisadero St.
Mission District 400 Valencia St.
Albany 1175 Solano Ave
(Little Star is now in Albany? Wonder what the Zachary's people think of that?)
Bon Courage Google Offers!
Bon Courage Peu D'Etoile!
So why don't you give it a go, start up your own place on the 1700 block of Fulton near Masonic?
You'd be right next to some new condos and the Starbucks our former mayor used to get coffee from (up to last year), and the nationally-famous Paplote (West) taqueria, and the very active cat house that got shut down not too long ago, and, across the street, you'll have a Lucky Supermarket – check it out.
"New Look" BMW and some kind of Custom Cruiser station wagon – the 70's are back in the NoPA
Click to expand
Now, mind you, you'd have to put up with the nastiest NIMBY infection the City has ever seen – the Northeast of Panhandle Millionaire Homeowner / Neo-Ladies Temperance Union, whatever they call themselves, will work against you, try to push you around, and the little monsters, the area teens, they'll graffiti your joint inside and out. But why don't you give it a go, start up your own place?
Michael Chidamburam would love to hear from you at 415 (752-7299)
Now, mind you again, the freaks come out at night, but only if you invite them to come down the hill from USF:
Otherwise, it's all good, baby.
Somebody at Yahoo! Local Maps must have a sense of humor 'cause they're calling Inner Sunset the "Inset" and the Outer Sunset the "Outset."
At the outset, I'll tell you that this image is not inset:
Click to expand
I don't know, Inset is a pretty good thing to be called, I guess:
"a place where something flows in"
"Something" could be knowledge, or fog, stuff like that.
And Outset, that's pretty good too:
Like if you're starting a cross-country journey, or moving into a halfway house, stuff like that.
So, good on you, Yahoo.
And they also have some other new / funny / inventive names in San Francisco proper, like North Panhandle and stuff, but there's no East Panhandle (EaPA*) or South Panhandle (SoPA**). Yet.
(And what about InMond for the Inner Richmond and OuMond (OW-MOND) for the Outer Richmond? Maybe someday…)
Anyway, Inset and Outset: Learn It, Know It, Live It.
*I'll cop to making this one up, but someday DMV Hollow Adjacent will get it's own moniker.
** There are people who actually use this term. Srlsy.


text:
I like the number 28, too.Originally posted by Omihomi28@Aug 24 2002, 03:50 PM
Ok, it's April 28th my B-Day, but more so than that something scary...like 5 ppl in my family are born on the 28th of a month, plus a lot of weird stuff happens to me w/ the letter 28, coincidende???I think not! Last night, I sent Derek Images, 28 emails!!!
Hey, look, I'm LP associate # 28!


text:
June 27, 2016
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May 31, 8:00 AM @ Council Chambers
FY 2015 Budget Review: Administration; Community Development; Airport; Conservation Commission; Library; Parks & Recreation, including Golf Course; Human/Social Services; Miscellaneous; Fire; Police, including Parking; General Services, including Arena, Solid Waste, Water and Wastewater; Non-public session re: comp adjustment.
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Unlimited yard grass and leaves will be collected on your trash collection day if it is on the curb by 7:00AM in a brown biodegradable yard bag (no plastic bags) or in a separate labeled container.
May 31, 6:00 AM - 1:00 PM @ Capitol Street, from North State Street to North Main Street
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Part of Pembroke Road and part of Canterbury Road. Rain date Sunday, June 1st from 1:00 to 5:00 pm.
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Agenda and meeting schedules for the City Council, Zoning Board, Planning Board, and other City boards, committees, and commissions are posted on the bulletin board inside the City Hall lobby. The City Hall lobby is the official location for meeting and agenda postings and not this web site. Other events posted at this web site are not necessarily endorsed or sponsored by the City of Concord, N.H. Please contact the event organizer for additional information.
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Permanent URL to this publication: http://dx.doi.org/10.5167/uzh-57391
Tsang, M L; Münz, C (2011). Cytolytic T lymphocytes from HLA-B8+ donors frequently recognize the Hodgkin's lymphoma associated latent membrane protein 2 of Epstein Barr virus. Herpesviridae, 2(1):4.
|Published Version
View at publisher
Epstein Barr virus (EBV) is a lymphotrophic γ-herpesvirus that infects more than 90% of the adult human population. It transforms B cells in vitro and is associated with lymphomas in vivo. In most EBV carriers the emergence of these malignancies, however, is prevented by T cell mediated immune control. Part of this control is mediated by CD8+ T cells, which mainly target a subset of viral nuclear antigens, EBNA3A, B and C, in healthy EBV carriers. In HLA-B8 positive individuals, the dominant CTL response is biased towards recognition of EBNA3A. However, spontaneously arising EBV-associated malignancies, such as Hodgkin's lymphoma and nasopharyngeal carcinoma do not express EBNA3s and instead express latent membrane protein 2 (LMP2) as well as LMP1 and EBNA1. Here we describe the new HLA-B8 restricted, LMP2 derived CD8+ T cell epitope, LMP2345-352. Although the frequency of LMP2345-352 specific CD8+ T cells is usually lower than immunodominant EBNA3A specific CD8+ T cells in fresh blood, the former can be expanded in the majority of HLA-B8+ EBV carriers after 1 week co-culture with peptide pulsed dendritic cells. We demonstrate that LMP2345-352 specific CD8+ T cells secrete IFN-γ and kill both peptide pulsed targets as well as HLA-B8 matched LCL and LMP2 expressing Hodgkin's lymphoma cells. We suggest that cytotoxic CD8+ T cell responses against LMP2 coexist with the immunodominant EBNA3 specific responses in healthy EBV carriers and help to resist EBV associated malignancies.
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|Item Type:
|Journal Article, refereed, original work
|Communities & Collections:
|04 Faculty of Medicine > Institute of Experimental Immunology
|Dewey Decimal Classification:
|570 Life sciences; biology
610 Medicine & health
|February 2011
|Deposited On:
|26 Feb 2012 09:50
|Last Modified:
|05 Apr 2016 15:30
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text:
Picture yourself hitting the road with your hula girl any day with the help of this colorful printed sham.
Mix + match our bedding to create your own unique look with our Design Your Own Bed Tool.
Final-sale items, identified by a price ending in $0.99, cannot be returned. Once placed, your order for any final sale items cannot be canceled.
|Hula Girl Dashboard Photo Real Sham, 20x26
|No Longer Available


text:
Let us know if a page is already saved, directly in the little 'd' button instead of toolbar only
Please, add a way to let us know if a page is already saved WITHOUT having to open the toolbar.
We already have the little 'd' button (with a drop down menu), so that button itself could be used to tell us if the current page is already saved. Eg. blue color, page is not saved, red color, page is already saved.
2 votes
Diego Durand shared this idea


text:
A Cheetahs Tail is a great book about two cheetahs at WHF (Wildlife Heritage Foundation) This book explains the issues surrounding cheetahs along side great photographic evidence of the way a cheetah runs and jumps.
You really get a feel of the two characters of Pepo and Mephisto.
Another book by Andy Porter sharing these great animal images.
Andy is a pro photographer, teaching clients who attend WHF Direct Photographic Workshops at Wildlife Heritage Foundation, Smarden, Kent. WHF is a charity owned and run by PWP (Paradise Wildlife Park) WHF houses some of the worlds most endangered species of both big and small cats. All profit made from the sale of these books goes to support WHF's cause and the cats that make such good models and friends. Andy
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There are big cats in kent Published May 23, 2011
The Little Tiger Cub Published September 05, 2009
An Amurs Tail Published September 01, 2009
A Cats Tail Published August 23, 2009
A Tigers Tail Published August 21, 2009
Three Brothers A Lions Tail Published August 20, 2009


text:
A Guide for Administrators,
Faculty, Advisors and Supervisors
I. Introduction
II. Definitions
III. Reporting and Referral Responsibilities
IV. Complaint Resolution Processes
V. How to Help to Ensure the Prompt and Effective Handling of Complaints
I. Introduction
The University has a commitment to providing an educational environment that is free from inappropriate conduct of a sexual nature. See The University's policy on Sexual Harassment and Sexual Misconduct at http://policies.utexas.edu/. The purpose of this Guide is to provide administrators, faculty, academic advisors, and supervisors with the information they need in order to respond appropriately to complaints of sexual harassment or sexual misconduct by a member of The University's faculty or staff, or by vendors or guests on campus.
II. Definitions
A. Sexual Harassment
Sexual harassment is a form of gender discrimination. It involves unwelcome advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when:
1) submission to such conduct is made an explicit or implicit term or condition of employment or status as a student in a course, program or activity;
2) submission to or rejection of such conduct is used as a basis for an employment or educational decision; or
3) such conduct has the purpose or effect of unreasonably interfering with an individual's work or educational performance, or creates an intimidating, hostile environment.
Behaviors that may constitute sexual harassment include but are not limited to:
- demanding sexual favors in exchange for an educational benefit such as a grade, or for an employment benefit such as a position, promotion or raise.
- withholding an educational or employment benefit because a request for sexual favors is rejected; or
- unwelcome and persistent behavior such as:
- requests for dates, sexual propositions, invitations and flirtations made in person or by means of letters, notes, phone calls or e-mail;
- verbal expressions of a sexual nature including comments about a person's body, attire, appearance, or sexual activities;
- sexually suggestive jokes, innuendoes, sounds or gestures including leering;
- anecdotes, questions or comments about one's own or others sexual activities;
- excessive or inappropriate touching in the form of hugs, pinching, shoulder rubs, pats, brushing up against another's body;
- use of sexually suggestive objects, articles, tapes, pictures or other materials that are unrelated to work or the subject matter of a course.
B. Sexual Misconduct
Sexual misconduct is conduct of a sexual nature that is not so serious or pervasive that it rises to the level of sexual harassment, but that is unprofessional and inappropriate for worksites and instructional situations.
Behaviors that may constitute sexual harassment include but are not limited to:
- failure to observe the appropriate boundaries of the supervisor/subordinate or faculty/student relationship;
- Repeatedly engaging in sexually oriented conversations, comments or horseplay, for example, telling jokes or anecdotes of sexual nature in the workplace or classroom, even if those present do not object to that conduct;
- Gratuitous use of sexually oriented materials not directly related to the subject matter of work, a meeting, a class or course, even if those present do not object to the use of the material.
C. Consensual Relationships
The University considers a consensual romantic and/or sexual relationship between a University employee with supervisory teaching, evaluation or advisory authority and an employee, student or student employee who is directly supervised, taught, evaluated or advised by such employees to be a prohibited conflict of interest. Such relationships must be reported pursuant to The University's policy. See http://policies.utexas.edu/policies/consensual-relationships.
III. Reporting and Referral Responsibilities
Administrators, academic advisors and supervisors are responsible for promptly reporting incidents of sexual harassment or sexual misconduct that come to their attention as follows:
- Employee complaints of sexual misconduct or sexual harassment by a member of the faculty or staff or vendor or visitor to the campus should be reported, and the complainant referred, to the Equal Employment Opportunity Office, 206 Flawn Academic Center, 471-1849.
- Student complaints of sexual harassment or sexual misconduct by a member of the faculty or staff or by a vendor or visitor to the campus should be reported, and the complainant referred, to the Sexual Harassment Officer for Students, Office of the Dean of Students Office, Room 4.14, Student Services Building, 471-9700.
- Student complaints of sexual harassment or sexual misconduct by another student should be reported, and the complainant referred, to Student Judicial Services, Office of the Dean of Students, Room 4.104, Student Services Building, 471-2841.
A Guide for Students concerning sexual harassment and sexual misconduct complaints is available on the Dean of Students Homepage at http://deanofstudents.utexas.edu/.
IV. Complaint Resolution Processes
The Office of Equal Opportunity Services and the Office of the Dean of Students are responsible for the initial intake and handling complaints of sexual harassment of sexual misconduct by employees and students. The staffs of these offices are also available to help complainants clarify the nature of the problem, explain the resolution processes, and identify other University services that may be helpful to them. The Director of Equal Opportunity Services and the Dean of Students' Sexual Harassment Officer also determine, in consultation with the Office of Legal Affairs, whether to resolve a complaint on an informal or formal basis.
A. Informal Resolution of Complaints
Informal resolution of a complaint is appropriate when a complaint is not of a serious or severe nature and disciplinary action is not required to remedy the situation that is the subject of the complaint. Informal complaint resolutions are facilitated by the Office of Equal Opportunity Services or the Dean of Students Office; they can include coaching a complainant to address a situation directly, facilitating for a mediation between the parties, helping to modify a work or study situation, or arranging a documented meeting between a University official and the alleged offender where, at a minimum, the requirements of the Sexual Harassment and Sexual Misconduct Policy are discussed.
B. Formal Resolution of Complaints
Formal resolution is appropriate when a complaint alleges serious sexual harassment or misconduct, or a pattern of sexual misconduct or sexual harassment. Formal resolution involves an official investigation of the complaint and the possibility of disciplinary action being taken against the offender.
The formal process is initiated when the complaining student or employee submits a written and signed statement to either the Director of Equal Opportunity Services or the Dean of Students' Sexual Harassment Officer that describes the offensive conduct in detail. Complaints against members of the faculty or staff will be referred to vice-president with the responsibility for the unit in which the alleged offender works who will immediately appoint an investigator. A copy of the written complaint is provided to the accused person who has the opportunity to provide a response to it within a specific period of time. Both the complainant and the accused individual will be personally interviewed as a part of the investigation, as will any witnesses or persons who have information related to the complaint that would be helpful in its resolution.
The investigator will provide a report on the complaint to the appropriate vice-president, who determines whether there has been a violation of the Sexual Harassment and Sexual Misconduct Policy. If the vice-president determines that the policy has been violated, a variety of disciplinary sanctions may be imposed including a letter of reprimand, participation in sexual harassment sensitivity education, suspension or termination of employment. If an employee is suspended without pay or terminated because of a violation of the policy, the complaining party may be required to appear and testify as a witness at a University hearing.
C. Confidentiality
The University creates and maintains records of all complaints and their resolutions; and protects the confidentiality of those records to the extent permitted by law. The University will also attempt to keep the identity of the complainant confidential; however, in most instances disclosures of the identity of the complainant may become apparent or will necessarily be disclosed as a part of the resolution process.
D. Retaliation Prohibited
A student, faculty or staff member who retaliates in any way against an individual who has brought a complaint in good faith pursuant to this policy or participated in good faith in an investigation of such a complaint, is subject to disciplinary action, up to and including dismissal from The University.
V. How to Help to Ensure the Prompt and Effective Handling of Complaints
A. Be Available to Meet With and Listen To the Complainant
Supervisors, faculty members, chairs, advisors and administrators may be the first persons that a staff member or student seeks informs about a possible problem with sexual misconduct or harassment. Therefore, it is important that those persons make themselves accessible to students and staff so that any problems with sexual harassment or sexual misconduct can be reported as soon as possible. There is no need for the person listening to the complaint to offer an opinion as to whether there has been a violation of The University's policy.
B. Be Able to Give the Complainant Information About The University's Procedures for Handling Complaints of Sexual Harassment or Sexual Misconduct.
Those persons who receive a complaint concerning sexual harassment or sexual misconduct should be able to provide the complainant with general information about how The University may handle the complaint in addition to the information in this Guide.
C. Refer the Complainant to the Appropriate Office As Soon As Possible
In order to insure appropriate handling and record keeping of sexual harassment or sexual misconduct complaints, supervisors, and administrators who receive them should refer the complaining student or employee to the appropriate office as soon as possible to the offices listed above in Part II.
D. Document the Meeting and Report to an Appropriate Administrator
It is suggested that a supervisor, administrator, or advisor who receives a complaint should prepare a report that briefly notes the date of the meeting with the complaining employee or student, the nature of the complaint and the steps taken, if any, by that person in response to it.
E. Be Aware of Confidentiality Issues
The University cannot promise total confidentiality to persons who bring sexual harassment or sexual misconduct complaints; however, it is the University's practice to maintain the confidentiality of those complaints to the extent permitted by law. Therefore, information about the complaint should be disclosed only to administrative supervisors or other persons within The University who need to know about it in order to aid in its resolution.
F. Call for Help or Information
Information about The University's Sexual Harassment and Sexual Misconduct Policy and how to respond to complaints is available from the Office of Equal Opportunity Services, 471-1849, or from the Office of the Dean of Students, Sexual Harassment Officer, 471-9700.


text:
Mar 11, 2011 10:11 AM
Slip on a luxurious couture garter on your wedding day! The Flora Bridal Garter ($60) is stunning. This garter is trimmed with lace, feathers, rose buds, pearls and flower fringes. While it's a bit pricey, you can hold on to it as an heirloom piece for your children.
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TheInquirer.com claims that Firefox 1.5 is coming out today. But there's nothing on the website yet.
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