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Transcript of an oral history interview with Joshua Fontanez, conducted by Sarah Yahm at Killeen, Texas, on 10 April 2015, as part of the Norwich Voices oral history project of the Sullivan Museum and History Center. Joshua Fontanez graduated from Norwich University in 2012; the bulk of his interview focuses on his experiences as a gay student at Norwich University, especially regarding the formation of the university's Lesbian, Gay, Bisexual, Transgender, Questioning, and Allies Club. His later work for OutServe-SLDN is also discussed. ; 1 Joshua Fontanez, NU 2012, Oral History Interview January 14, 2015 2015 Kingwood Dr. Killeen, TX 76544 Interviewed by Sarah Yahm SARAH YAHM: Can you tell me where you were born? Where are you from? JOSH FONTANEZ: I was born in Willingboro, New Jersey. I grew up – was raised my entire life in New Jersey. I lived in a small town called Browns Mill, New Jersey in the pine lands, cranberry bogs and blueberry bushes and right outside a huge military base, Fort Dix-McGuire in Lakehurst. SY: Sorry, I need to have you say your full name. If you will, just say who you are. JF: Yes, Joshua Aaron Fontanez. SY: Excellent. So you grew up next to a big military base, so when did you start being interested in the military? JF: Oh, I always wanted to be in the military. I can remember first grade my first grade teacher used to – her husband was in the military, and he used to come in and he'd talk all the time, so I always had that desire to be in the military. What rank or what job I wanted changed but I always had that passion that calling to be in the military in some form or fashion. SY: And you didn't come from a military family? JF: Neither of my parents were in the military. A lot of my aunts and uncles, my grandparents were all in the military. SY: Interesting. I've been asking everybody this question: did you play games as a kid? Did you play imaginary games where you were in the military? JF: We played like soldier and stuff like that. My dad still has pictures of me with tree branches running around outside, or you know not necessarily modern-day military but also like medieval times, sort of. My cousins and my sister and stuff like that or as I got older you got like little toy guns and stuff like that and we used to do war games inside the house clearing rooms and stuff like that, you know, hide and go seek with little toy guns and stuff like that. SY: Interesting. So you always kind of wanted to be in the military, when did you figure out that you were gay? 2 JF: So I look back in history and it's kind of like – Look, the signs were always there, when I look back, I think I first, I want to say, I first was kind of like okay I had a hint of it my freshman year of high school. That was when I started to actually, not just the emotional aspect but going into that part of my life becoming more sexually attracted to men and stuff like that. SY: And, how – were you freaked out about it? It's interesting because in all the interviews I've read with you and about you, you seem super confident, pretty angst free about being gay. So what that the case when you were fourteen? JF: It was not at all. It was even like the mentality – I look back and I want to give my fourteen year old self a big hug, and just tell him that it's going to be okay. It's going to be better. There was a lot of nervousness and even though like my parents are completely supportive of who I am and my lifestyle and stuff like that. I grew up in a Christian home – it did play a huge role in that. So I remember, I want to say it was like the first time I ever kissed a guy. I went outside to mow the lawn, and I was just praying that I would be healed and that I could be normal and stuff like that, almost to the point of tears. But, it was definitely a huge, huge struggle. A lot of loneliness, depression, not really understanding, a lot of denial at the same time, because you know even in high school you get the questions, Why don't you have a girlfriend? Why aren't you hitting on girls? You are going to this ball or this prom or this or that, why aren't you chasing after them or getting dates or anything like that? So— SY: Yeah, so did— were there adults or mentors who supported you? JF: I wasn't even out. I didn't come out until college, so no one really knew, like some people, like I talked to my sister now and she had like a hint later on in high school, but really no one really knew, just kind of like a couple of other gay people like I would meet knew, but usually they were all in the closet too. It was not something we were ever open about, and it was to a huge point in my life until I accepted who I was that the people who were even in high school who were out, both male and female— So you know, I was extremely mad at them and it was like the whole aspect of — I would make fun of them just as much as anyone else would and that's one of the things I look back, and I'm like "Wow, you were horribly wrong for doing that." It was part of my own insecurity of fear of if I can't be who I want to be they shouldn't be who they want to be either. SY: Were you is afraid that they would recognize something in you and out you in some way? JF: In some way, like, even when I talked to some of my friends a lot of them were like, Yeah, we knew. It was very clear and then I would respond, If you knew why didn't you say something and support me tell me and come up and confront me? There was a huge aspect of would they, 3 and it was even a societal thing because even in high school I got involved in student government or JROTC or the different mentoring things they had in high school, I always thought, I can't be that leader and that role model and be gay at the same time. I remember when I came out to my best friend, I told him— I came out to him, I want to say right after I graduated high school so it might have been like our first break back from Norwich. I told him, listen, I don't have this pressure on me to be this role model anymore for the high school, for all these leadership positions, so I want to tell you that I'm gay, and the reason why I never told you is because I never thought I could. Like, I couldn't be gay and be a leader. I couldn't be gay and be a role model at the same time. SY: So most people don't describe going to a military academy as realizing that they can be gay and be a role model, but it seems like that's what happened to you. So, what happened at Norwich that enabled you to come out that first semester? JF: So coming out to my – I only came out to my friends back at home. I didn't even come out. It wasn't until my senior year that I came out to friends at Norwich and that was a whole different fear, that was a huge fear under Don't Ask, Don't Tell, but I started out to my friends back at home just simply because I needed – it got to the point where I needed to tell someone. The pressure was just overwhelming. The additional stress that comes with going to college, being away from family for the first time, financial independency, all the different clubs and activities I was involved in, and to throw into that, ok now your emotional life, and this part of my life I was still, there were still times when I was like, maybe I can convince myself to be straight. Maybe if I just try hard enough that I can just overcome this. It did for a long time, like even, I want to say up until my junior year of college, a lot of depression, mental stuff. You know, because on the weekends, because it was a dry campus — so if we left campus to go drinking and stuff like that, a lot of binge drinking, it was just emotionally destroy me and physically it had a huge aspect on me as well. SY: Were you accessing like the gay community in Vermont? Or were you just pretty closeted? JF: So a little bit, so there was – you have like the gay, for one any community, ironically, I always laugh because it was like you would think a state as liberal as Vermont there would be a huge gay community, and there's a pretty good one that I found out later on definitely as I started getting more active in activism but it's like then you have Northfield. So even like my freshmen year, I didn't have a car in college until the second half of my junior year. Even trying to reach things, you have to go to Burlington, Vermont. Even in Montpelier there is a very, very small, in my opinion, community where you constantly can meet. Then a big aspect of it which we try to put out there is that no one knew. Like no one knew that there was all these different communities out there and organizations you can go to and different activities and conferences. I spend hours and hours and hours researching and sending out hundreds of emails to different 4 colleges and professors up and down the east coast trying to find out information, tons to people in the different colleges in Burlington, trying to get help from them, whether it was UVM or any of those different colleges. It was definitely difficult in that aspect. SY: I wonder if there was a point in your time at Norwich before you came out especially under Don't Ask, Don't Tell when you were like, Hey these two parts of myself are incompatible. Did you doubt being in the military? JF: I never doubted being in the military because like I said, my mentality was always this that I loved the military so much and I love— I'm such a patriot that is how I used to view it and I was so dedicated to serve my country and defend the Constitution and our way of life and I knew that I was willing to be trained and do things that my family couldn't do. I knew they couldn't defend themselves, and I was will to, so if sacrificing my happiness and sacrificing who I was as a person was something that I needed to do to accomplish those goals that was something that I was completely willing to do. To being able to complete my military service, to complete that obligation I feel I had to for my country, my values, my beliefs, I was willing to stay in the closet as long as I needed to be able to accomplish that mission. SY: So when did you decide to come out at Norwich? JF: We actually— I'm trying to remember when I first came out – see the first person I came out to, the very first person I came out to at Norwich was – okay when I say come out, there were a couple of cadets – when you found out who the gay cadets were, you talked or you know gay civilians, but actually openly came out to was, I want to say, was Dr. Newton, and it was, I want to say when it was, it was right after Junior Ring Ceremony of my junior year. In tradition of Junior Ring Ceremony, big party, big condo events, and stuff like that, and so everyone was drinking and at the party I kissed a guy. Just like the rumor mill spills, before I could get to campus the next day, everyone knew. I remember going to the office the following Monday, sitting down with Professor Newton and she saying like, You know Josh a couple of the cadets were talking and a couple of my students were talking and they said that you kissed a guy this weekend. And I was like, You know to be completely honest, Dr. Newton, I think I feel you already know but I do identify myself as a gay man. She said, "I know. I've known for a while." And at this time the repeal, Congress had officially passed it, but it didn't come into effect until the following, the upcoming fall. She said, just be careful there are some – at this time, I was still a very controversial leader on campus, even at this time. SY: Why were you a controversial figure on campus? JF: My junior year I was elected the student government president, and by this time I have accepted that I was gay. I knew I was gay, and I knew I wanted to start a club on campus. By 5 this time, we knew we had to wait. Everyone saw the writing on the wall. Sitting in ROTC classes, the instructors would talk about the repeal and the possibility of repeal and what we thought about it. SY: How would they talk about it? Would they talk about it in positive terms or negative terms? JF: They would pretty much just ask – They would just use the Socratic Method. They would just come in and be like, Hey, Congress is talking about repealing Don't Ask, Don't Tell. SY: And what would your classmates or rookmates— what type of things would they say and did that have you frightened? JF: Most of them would say, I really don't care, that's what would shock me the most. A lot of them say, Hey, I really don't care as long as they do their job. But, they would then go and make jokes, gay jokes, and they would still put down people if they thought they were gay and it was still viewed as a negative thing. SY: How much were slurs like faggot thrown around? How much were there gay jokes? Was the culture hostile in that way? JF: It was. Even to the point of my senior year, it was still a societal thing and in a lot of aspects it still is. Perfect example, my second semester, I got moved into a new room my freshmen year and Cadet [Ringcone? 0:18:28], now Lieutenant [Ringcone? 0:18:29] in the Army, he's an Apache pilot, probably my best friend. I was the best man at his wedding. But, his freshman year we got into a big discussion, and he swore that being gay was a psychological disorder and it could be fixed. And, he is now probably one of my biggest supporters after I came out. Even when the club came up, he was at every meeting, when we did Pride Week he was there cooking. When I got threats and different letters slid under my door and stuff like that, he would chase people down the alleyway trying to catch them after they did it, or he would walk with me around campus because certain staff members were afraid I would get jumped and stuff like that. One of my greatest supporters and still one of my closest friends, just seeing that change – Some of my other close friends, they would see how using words like "That's so gay" even something that is so easy and is used by society so much they would catch themselves and look at me and say, "Hey, I'm sorry. I didn't mean that." Or they would stop people and correct them, like an underclassman would come around and be like, Hey, stop being so gay, or they would use different slur words and they would stop them and be like, Are you serious? Well, what wrong with being gay? You'd see how much someone's attitude would completely change when they actually get confronted by someone. They did that. 6 SY: Just wondering, it sounds like when you were around people corrected their language and stuff, but I wonder how much it was a real part of them. What do you think? JF: I would say, if I was a betting man, I would say it probably it would still be a big part of the culture, because it takes someone who is consciously there holding people to standards. One of our biggest examples when we would have discussions, you wouldn't do it with race or with gender, but at the same time, someone can't hide their gender and they can't hide their race but if you make fun of someone so much and make the environment hostile enough you can force someone not to admit that they were gay. That was a big thing, even with the repeal people would be like, I have no problem with you being gay and being in the military, but just don't be gay around me. And we had this one student, he – long, long post – Pride Week was very controversial, and this guy who was a very popular guy in the Corps of Cadets came out as being gay, and put on Facebook that he didn't need a Pride Week to come out, and he pretty much said that, Me being gay makes my friends extremely uncomfortable and because it makes them uncomfortable that I have enough respect for them not to be gay around them. So pretty much it was the mentality – in my opinion it was like good that you came out but at the same time look at what you just openly admitted is. Who you are, who you can't change, the people you love, you're not even willing to show that emotion around people who claim to be your best friends because it makes them feel uncomfortable. That's what a lot of people would do, they would be – the aspect because all the conversations I used to have with newspapers and stuff like that, the university would make it very clear that they've never had a policy that would restrict students from being gay. They would never kick them out for being gay, but you look at our civilian population who is never restricted by Don't Ask, Don't Tell like our Corps of Cadet students were through their ROTC scholarships and stuff like that, but they still fully admitted, I'm scared to walk around campus holding my boyfriend or my girlfriend's hand. I'm afraid to bring them to the Junior Ring Ball. I'm afraid to show them affection and caring in an open environment because I don't know how people would react. I don't know how that would – so, in that aspect its different than being able to – you're never able to – used to say the term is, you know, you can serve freely not get kicked out but you can't serve openly. You can't be who you are. You couldn't, you know, because a lot of people would get a lot of looks or sayings and I mean, they were, they were pushed back into the, not into the closet, but people would know they were gay but they wouldn't ever bring their significant other around. We had our senior year, our regimental XO came out as being gay, and I knew he was gay since my freshman year. When he finally got the courage to come out, he came out in more anger because he didn't think— he though a lot of the attention on the gay community put a spotlight on it but even after he came out as gay, he was still afraid to bring the guy that he was dating to the Junior Ring Ball. So he didn't even show up to the event. It was that aspect of, Yeah, like okay, we know you are gay, the [real? 0:12:42] is done, but you just can't be gay around me. 7 SY: How did you know he was gay? Did he come out to you? Or was it a sort of sub-culture where people who were closeted on campus but out to each other? JF: Yes, so there were, so it was always that difficult thing, mentality of how to find out who was gay. You had a lot of different avenues. Clearly, we didn't have meetings or anything like that like we did when we had the club, but usually there were two different ways. There was an online dating site. You would go on there and you would see different people. SY: Online dating like Grindr or something and Norwich? JF: No, no, no, it was called, what was the name of it, this was old school, Manhunt. SY: Oh, Manhunt. JF: Yep, and I remember – I know what Grindr is, I didn't hear about Grindr, ironically it was my straight friend who told me about Grindr, but not until my senior year. Manhunt was like the big, back then, the big dating site. I remember being on one night, and I saw him on there, and we talked and stuff like that. Ironically, he lived three doors down from me. We lived on the same floor. So we would talk and stuff like that. So that was one way, but that wasn't a huge way, because unless you knew about the website, no one would go on it. The other event was, and yet again, unless you knew about it, you didn't go either, but it was – So Vermont doesn't have a gay club. Vermont has a gay night. So in Burlington, the club Higher Ground has what's called First Friday. So the first Friday of the month, the club is a gay club. People travel hours from all over Vermont to come there because it's really the only outlet, that one day a month. So you would go there and you would actually see different cadets there and stuff like that. SY: Can you talk about that a little more? Do you remember your first time going to Higher Ground, going to your first First Friday? How did you get there? Did you hitch a ride? Were you scared? JF: My very first time was— When was it? It wasn't until my junior year that I actually went to the club. I'd heard about it, but I really didn't know about it, and I went with a civilian who was – it was her and her girlfriend. I went as support. Because even all the equality stuff we did up to my junior year, I always did as an ally. No one else has the courage to stand up and do it that would be my line. So, I will be the one that takes the brunt force and stand up and help the people who have no voice. SY: Oh, I see, so when you were a controversial student council figure because you were doing equality work but you were doing it as a straight ally. 8 JF: Yeah, roger, one of the first things we passed, as student government president was, I passed an executive order that declared that the student government represented everyone equally and it was one of the first – My research, I hadn't been able to find any other documents, I mean, I'm sure there's a couple, but it listed based up on sexual orientation, gender identity, and of course it went through the standard stuff like, sex, age, student lifestyle whether they are civilian or Corps. We ended purposely with sexual orientation and gender identity, and that was like a huge thing. Strategically, we did that on purpose because we literally spent all of our junior year building up this controversy of having people start talking about it, breaking the ice, so that when we created the club, it wasn't such a – even though it was a huge shock, it wasn't as big of a shock. We went to Higher Ground, met a couple of cadets, saw a couple. It was really awkward because you walk in and you kind of like ignore each other. It's kind of like, Oh, I didn't just see this person here. We would do that, but we went a lot more often my senior year. We actually, as a club we would go up, and that would be like a club outing. We would also be networking because we would work a lot with the different universities would meet us up there and all the other kind of stuff. It was interesting, you'd find out, I actually met – so ironically, I know you mentioned how it worked with my military service. At the time, without mentioning names or rank, I remember being on Manhunt one night, and I saw an Army ROTC instructor on it, who was stationed at Norwich and worked there. It was kind of like the same thing. I didn't message him, he didn't message me. It was kind of just like, okay, log off real quick. I remember, at this time I was a work study at the Admissions Office. I used to work at the front desk as a, I want to say receptionist, but I guess, I don't know what the masculine term for that is, but I was there answering the phone and stuff and greeting people when they came in. He came in and he said, "Fontanez, can you help me carry some stuff back?" And, I was like, "No problem, sir," and I carried it back. He sat down and he asked me if I ever heard of this site Manhunt. By this time, I am terrified, my heart is beating, I'm thinking, I'm going to lose my scholarship, and I couldn't pay for Norwich without my Army scholarship. There was no way. And I was like, Sir, I don't think you can ask me that question, and I don't think I can answer that questions. Pretty much citing Don't Ask, Don't Tell, and he was like, Okay, that answers my question. He told me, "I just want to let you know that I saw you on the app and clearly I'm gay too." He was like, "Do you plan on having a family one day? Do you want to fall in love and stuff like that?" And I was like, Yeah, I do. He was like, "Okay, you need to not make the military your life then." He was like, because – In my mind when I look back, I think when he said that, he never envisioned the end of Don't Ask, Don't Tell, because he had served under it for so long, but he was actually getting out of the Army, so he could be with his significant other and moving away from Vermont. But that was his tip to me, Listen, if you actually want to be happy in life, you want to have a family, you want to have a significant other that you care about and can care about you and you can live your life openly, do your initial service and get out because you can't do it while you are in. 9 SY: How did you feel after that conversation? JF: I don't think what he told me really sunk in as much as I was scared out of my mind that he knew. Even going through my senior year, thinking about it, the mentality always shocked me how some people just can't envision it any better. Great guy, but he couldn't see it getting any better. He just saw the worst, and I see a bad situation I want to make it better, doesn't mean – I'm an extremely controversial person at nature. I have no problem, I don't care who you are or what your position is, if you are not doing something right or if I feel like I am being wronged then I'm going to say it. I will try to be political about it, I will be respectful but like, you can threaten me, you can do whatever, it really doesn't matter. I mean, I remember sitting in the office of the Commandant of Cadets and yelling at the top – We were pretty much yelling at each other and another commandant had to come in and pull him out, but I knew I was right and he knew I was right. He just wasn't willing to admit to me that he knew I was right. SY: What were you yelling about? JF: It was about Pride Week. He didn't agree that we should have a Pride Week. He didn't think that Don't Ask, Don't Tell was a big issue. He thought that everyone was fine with it, that society had changed. He quoted that he just got back from a deployment with the National Guard. He was like, We didn't have any issues with people who were gay on the deployment. We actually joked about them being gay and stuff like that. Did you just hear what you said? You just openly admitted that you were making fun of one of your soldiers on a deployment because of who they were. Just because you can joke with them, and maybe they laugh back with you, doesn't make it okay. We just got into the huge aspect of the culture of fear. I mean it was. The aspect of – It all came about because what we did to fund Pride Week we would go to each department, so we would go to Math and ask, Hey, can you sponsor an event? Like we had in seven days, we had over fourteen events. I want to say we had fifteen or sixteen events. Unprecedented. Some colleges like UVM and Saint Michael's and all the other colleges, they'd never even had anything like that before or to the level that we were having stuff. We had speakers coming in from all over the place, we had the Governor of Vermont come to an event. So we were just trying to get like, Hey, can you sponsor this event? We had a veteran who came in and he talked about how he was in the Navy under Don't Ask, Don't Tell, CID [criminal investigation division] would show up to the gay clubs and literally hunt them down, and he remembered like being in a club and someone coming in warning him and him having to run out the back door. So we got Veteran's Affairs to sponsor that event. We just had all these different things to sponsor, and we were trying to get the Corps of Cadets to sponsor an event. The commandant had a very religious and moral objection to it, not only the club but the lifestyle, so he wasn't willing to sponsor it. I said, "No problem, but at the beginning of every event, we are 10 going to list by name the organizations which support us, and it is going to be very evident that the Corps of Cadets did not. And, he was so upset about that. SY: He wanted it both ways, huh? JF: So he was like, You can't put us in the spotlight like that, and I was like, Listen, it's no problem, you can have your morals and beliefs but you need to be willing to publically stand by it. I was like, We will, yet again this is my real controversial part, I am going to put out a press release to everyone from CNN to NPR to – and I just listed all these different news agencies and they will know that you didn't stand with us. Then it escalated, because it was the mentality like, You are a child, we are the adults and you need to listen to us, and my aspect was like, I am a twenty-two, twenty-three year old tax paying citizen, don't call me a child. It would go on and on from there. SY: Let's step back for a second, and I wanted to ask you about the day you found out that Don't Ask, Don't Tell had been repealed, how you felt, and you had a meeting that day, didn't you? December 20th? JF: Yeah, so what we did was, well, so Congress passed it, as soon as Congress found out, they lost the majority in the House. They took a vote in December of 20 – so they took a vote on December, if I remember my history right, 2010, because they knew when January come around, they would lose the majority in the House. So this was literally the last time they could do it. So I remember, I remember joy, but at the same time, fear, because it was, like, now I have no excuse. Like, every excuse now has been removed from me actually being who I was. So at this point it came – like, the writing was on the wall. It was, like, listen, we have so much time to actually laying the foundation, if we want to get this club put out. And by this time we start networking, we start calling people. We actually started drafting executive orders to try to lay on the foundation, because, you know, the club just didn't pop up one day. It was pretty much two years in the working of just getting different clauses put into the student government bylaws, which would allow us to do stuff a year down the road that led to the club being successful and stuff like that. So after we knew the club was going to be founded, Don't Ask Don't Tell, the legislation passed 2010, they said they were going to give a year so the military knew how to respond to it. That spring of 2011, the – so this plays an important role, because I was going up for the regimental commander, I put my name in. And I was one of the top three who was almost going to be regimental commander. And I told myself if I got regimental commander, I could never focus on this fight. I couldn't do both at the same time. So after I wasn't chosen for regimental commander, I took that as a sign, like, listen, okay, this needs to be your role and your passion for the next year. So I remember sitting down that very 11 afternoon, because I was student government president with President Schneider, and I said, "Hey sir, I want you to know, I want to ask you, what is your – within six months the appeal's going to be up. What do we plan to do as a university?" And his answer to me was, "Well, we're going to wait to see what guidance the Department of Defense puts out." And I told him, "Sir, I think we're missing a huge opportunity. We've always been the first. We have ROTCs here, we don't have to wait for the Department of Defense." I was, like, "There are students here," you know, without coming out to him, I was, like, "You know, there are students here who are hurting. You know, they're suffering." And he said, "Okay." So then we went in the – we had the re-election for student government, and I didn't win, so at the inauguration of the incoming president, my last act as student government president was to pass an executive order which created the club. So the student bylaws for the student government allows a student government president to recognize a club up to 14 days; they have 14 days before the student body government, like, the Senate, had to pass that club. So there were only 10 days left in the school year. So we announced it that day so that the club would officially exist with full authority of the university throughout the entire summer, so we could strategically plan and set up. We had the full weight of going and saying we're a university club. So we announced it then, which of course you can imagine being shocked, like, sitting in – we used to do the inaugurations on the top floor of the Wise Campus Center, so everyone being, like, you know, holding their breath. But then we used the summer to start working with different news agencies and they did different articles about, you know, the first gay club at a military college. We used that time to do a lot of different strategical stuff when it came to planning conferences, and, you know, how are we going to do the club fair, and stuff like that? What type of videos are we going to do? And we came back, and by that time – we also used that time to, like, lobby our Senators, because, you know, by this time, though they weren't out, there were different elected officials in the student government who were gay, so we knew who they were. And you know, we went up to then, we're, like, listen, this is time for you to actually stand in defense of who you were. So we lobbied them and we utilized them to lobby their other friends. And by the time we came back, we had a unanimous vote, not one objection. And then like you said, we met on the same day the appeal ended, we met in the Kreitzberg Library. I was told Dean Mathis was really, really skeptical; she was more scared and more concerned for us than anything. She's, like, "Listen, Josh, if you can get five people there, it'll be a success." We had over 25 individuals there; top officials from the university, civilians, Corps of Cadets, straight, gay, bisexual. And it was just a good time. And people started talking; I mean, I remember one civilian stood up, and she's, like, "I've been at this university four years and I literally thought I was the only person here like me. To walk into this room and know that for four years, I actually wasn't alone; that I had people who were just like me. I had a family here." And she just broke down in tears. And 12 that meeting that day was probably one of the most memorable things in her life, you know? There was such a movement for her. And it just relieved so much weight off of her. And it was just a stepping stone. That meeting was really the stepping stone because we did it in a pu– and we did. We strategically chose the location. We wanted it to be in a library, you know, demonstrating knowledge. We made sure none of the blinds were closed. We wanted to make sure everyone knew what we were doing. We had a booth at the club fair, so everyone knew when the meeting was. Everyone was welcome. We had a newspaper reporter there, she did a news article on it. So yeah, I mean, it was definitely well thought-out, but it was just a starting point, because that was at the beginning of the year. And like I said, just that year went through the roof. So it was definitely a great starting point. SY: And yeah, I guess I want to talk about Pride Week, and I want to also talk about the response to – what was the response to that first meeting? JF: So the first meeting wasn't bad. It was kind of, like, real neutral. Because our aspect was, we initially started the club of – so a lot of people had different opinions. So a lot of people said, like, I want to be part of a club. But I'm not ready to be out. So they wanted the club to be held in, like, you know, a secret room where only you would be invited if your friend knew you were gay, or something like that. SY: Okay, great. JF: So no one would know. And then we had the aspect which I sided with, which we just asked if we struggled a lot with was, hey, this is our first year of the club, it's very controversial, we have to be public. SY: Right. JF: So it was, like, the aspect of, we still made sure we took precautions to make sure people who weren't out still had an avenue to come and talk with us. You know, we did some things behind the scene. But we moved our club meetings to the Wise Campus Center, that open – it was literally a full wall of glass. And we did it purposely during chow hour. So everyone had to walk by and had to see the club happening. You had to see people getting education on – you know, anti-bullying, anti-harassment, safe sex, the different political movements. How to get involved. You know, we had speakers from different places come in and talk to us and stuff like that. But no one could deny it; no one could say, "I didn't know." No one could say, "Why didn't you tell me?" Or, you know, "If I just knew." SY: Right. 13 JF: So the responses were mixed, because some people were, like, "Well, you're throwing it in my face." You know, I remember we had a staff sergeant in the Marine Corps who was a student there, he was a MECEP [Marine Corps Enlisted Commissioning Education Program]. And he said at a meeting once, he said, you know, "I have no problem that you're gay. You just need – the fact that pretty much that I have to see that you're gay, that you throw it in my face, that you make it public." SY: (inaudible) [00:09:08]. Because it seems like there are a lot of people who said that about Pride Week. They were, like, "Well, there's nothing wrong with being gay, but why do they have – why does it have to be a whole week? Why do they throw it in my face?" So what's your response to that statement? JF: I guess the best statement is, so we had a Pride Week, so that's one week out of the year. But we look at all these other weeks that are based around the heterosexual culture. We have Junior Ring Ceremony where you and your date walk under the sword arc, or you have Regimental Ball where you do pretty much the same thing. You dance, and you do this. We have the Winter Carnival, and all these different Valentine's Day, and just event after event after event. And Pride Week wasn't – the majority of Pride Week wasn't even about just for individuals who identified themselves as being homosexual. A lot of the knowledge behind it was, they were extremely controversial topics no one wanted to talk about. So we have this university full of 18-year-olds, depending on how long you're taking to graduate, 26, 27-year-olds, but who are extremely uncomfortable to talk about safe sex. So we had multiple seminars about safe sex, you know? What it means to actually be responsible and use a condom, and the different apparatuses out there for safe sex, including abstinency, so abstinence. So we covered every base. We had classes out there about bullying, which is not just an issue that happens – it wasn't even focused on a heterosexual versus homosexual kind of thing. It was just bullying in general. One of the events was an arts and craft event, which, ironically, was the most attended event. Because oh, I can get free stuff? I can get free food? OK, I'm going to show up. We had a movie about religion accepting all cultures, not just homosexuality, but different religions and different walks of life in a wide spectrum. We had the prom. We had a dance. So, I mean, it was just a wide, wide spectrum of events. Now, we purposely did say it was going to be a Pride – because there were, on the other end of that spectrum, there were different things that dealt directly with the homosexual community. I mean, we definitely were depending on some of the speakers we brought in, such as our veteran speaker, when he spoke about his fear living under Don't Ask, Don't Tell, and how his life had changed and stuff like that. But it was that aspect of, one, no one had to attend any of the events. 14 None of these events were mandatory at all. It wasn't any Corps of Cadets, you know, we have to do an afternoon training event where we march the entire Corps of Cadets down and they have to sit down and they have to listen about how difficult their life is going to be now that they have to treat everyone equally and with some dignity, no matter who they love. You know, they weren't giving up their Saturday afternoon to march down to the football field to sit and watch a drag show, or something like that. There were options. And I think more importantly, at least to me that spoke was, you know, the university – and I'm sure it will always maintain this line – that it never did anything to prevent an individual from being gay, but they never took steps and they never gave options for individuals who were gay. There were no options. And that's what we gave during Pride Week, was a unified effort to show that there were so many options. But at the same time, no matter if you were gay or straight, there are a lot of things that affect us all, like, bullying, alcoholism, depression, safe sex. Those go across it. So a lot of individuals just took it back and were like, OK, I don't need to go to these events, because I'm not gay. And some people didn't even show up who wanted to show up because they were so afraid. You know, the university had meetings after meetings about what happens if protestors show up? What happens if there's violence? What happens if someone gets jumped? You know, anything like this. But – SY: Did the university make any effort to keep people safe who were coming out? JF: I mean, they did. I got a lot of threats. Both my junior and senior year, I had a camera outside my door, my dorm room door, because I'd get threats. People would slide letters under my door or send me emails or Facebook messages, or cut things, you know, because we used to have our schedules, our door cards, and they'd cut it up, or they would throw trash at my door and stuff like that. Or, like, throw the entire – SY: How did you make sense of that, and how did that make you feel about Norwich? JF: It made me feel like I was doing something right. I mean, if people don't act out – I mean, there's always resistance. You look throughout history, I mean, there's always going to be resistance to change, right? If I was doing something right – if I wasn't doing something right, I'd probably be the most popular kid on campus. If I just went with the flow, you know, I disputed the lines of traditions, and this is how the old Corps was, and this and that, I'd probably be the most popular person in the world. Anytime anyone ever did something like that, it just motivated me. I knew I was doing something right. SY: And how did you feel, you know, how this fit into the idea of the citizen soldier? How did you feel like you fit into their idea? 15 JF: I mean, it's the aspect of, you know, what is citizenship? Unfortunately, I think a lot of the Corps of Cadets focus on the soldier aspect more than they focus on the citizenship aspect. And it makes me funny, because it's, like, okay, yeah, we're soldiers. But then sometimes it's like we're soldiers until it comes to discipline and, say, physical fitness. Because, like, you know, people talk about, like, you know, there's the alcohol policy on campus. So yeah, I'm a soldier, but then when it comes to following the rules, it's, like, well, I'm a college student, you know, don't get too crazy with that soldier stuff. And then it's, like, you know, well, physical fitness, which is one of the pillars for the university. And it's, like, well, at the same time, I'm a college student. Like, this is the time I'm supposed to live and stuff like that. Well, to be a soldier, you need to be physically fit. So we focused a lot on the soldier part, like, wearing the uniform, training the freshmen, you know, the rank structure, the saluting and whatnot, which are great; great disciplines, great lessons for life, no matter if you go military or civilian, it's a great foundation. And a lot of aspects, we do forget about the citizenship aspect, in my opinion, and we don't focus on it a lot. And I think that is the constant struggle between the academic professionals at the college and the Corps of Cadets in the Commandant's office at the university. Because I think one of the things that really made me the person I am is my education, is having professors, like Professor Miana and Professor, you know, Dr. Newton, who taught me so much in life. And definitely Dr. Newton, when it came to just politics in general, and being who you are, and the ability to articulate what you mean in an effective way, but at the same time being strategic. And there's always butting the heads, and I think they really do butt heads a lot, because you have, you know, well, what's more important? Sergeant's time training or actually doing your academic work? What's more important? You know, that parade we do on Friday, or making sure that our students go to an extra study hall session? And there's that constant thing. But at the same time, I mean, even citizenship on the aspect of – you know, I used to tell when I was battalion sergeant major, I used to tell my NCOs, I would, like, listen, got it. You have sergeant's time training. Now, what's going to do your cadet more – prepare them better for life? Are you going to sit there and have them remember all these dates in the Rook Book and in two years, they're not going to remember a single thing, because upper classmen aren't required to remember that? Or is it more important to understand, like, you know, at least 30 of your cadets are going to raise their hand and promise to uphold and protect the Constitution of the United States. Have they ever even read the Constitution? Other than the first amendments in our Bill of Rights, and most of them probably couldn't even tell you all of them, you know, could they even tell me what the Constitution had in it? What does Article 1 cover? What does Article 2 cover? You know, which one's more important? There was always the mentality, well, this is 16 how we did it when I was a freshman. This is how my father used to do it when he was here as a cadet. And we really do, we do miss the citizenship – and through that whole struggle of founding the club and Pride Week, and all the fallout and stuff like that, and the strategic planning over years, you know, I used to sit down with Dean Mathis, and I would sit down with her at least three to four times a week, if not daily, depending on the week. And I used to sit down with her, and my line to her would be, it's, like, "Dean," you know, "I sit back and I really do wonder, you know, if Captain Alden Partridge was here today, would he be proud of what he saw?" SY: What do you think he would say? And what do you think he would be and what do you think he wouldn't? JF: I think on the aspects of us as a university, I think we have some great values. I think we have some great foundations. I think we've put out some great leaders. I think that's what he would be proud of. I think he would be proud of the tradition, and the university still being there. You know, the university does have a very high academic standard, and it does. Every time Dr. Kelly would sit down with us and he said, there's no reason why our retention rate, academically, shouldn't be higher, and that's what we need to strive for. And the Corps of Cadets, even from my freshman year to my senior year, the focus on academics was improved greatly. And they do, they put out some great, great leaders throughout the world. But I think it would be – he would be ashamed on – for an individual who fought so hard to have women go to college, you know, you look at the archives, or you hear President Schneider talk about the archives, and how hard he tried to get women to come to college, to see professionals in that college discriminate against individuals for whatever reason. Or for the mentality of – you know, our college was founded on the mentality that he left West Point because he didn't like that, the mentality, the leaders could only come from that one avenue, that we weren't putting out civilian leaders simultaneously. To see such closed-mindedness. And that's what I used to tell them. I'm, like, listen, our college is great, because we are the first. The first Corps of Cadets to have women, the first Corps of Cadets to allow African American. These were extremely controversial things in the time. So why wouldn't' we want to be the first to have an open LGBT organization on college? You know, that is where I feel he would kind of shake his head, and say hey, what's happened? You know? And trying not to get so political, but a huge feedback we got was, do all the AARs [after action reports], because you can imagine Pride Week went up to the board of directors and back down, everyone did an AAR. And a lot of it had to do about the alumni and the funding, and the threats that came from funding from alumni. 17 SY: I'm glad you said that because it looks like nationally, Norwich's Pride Week got a ton of incredibly positive attention in the press. JF: Yes. SY: And within Norwich and some of the alumni it was, pardon my language, a shit storm. So what happened after the club fallout? JF: Well, here's what – I mean, simultaneously, like, even when Pride Week was happening, I used to get Facebook messages from alumni all the time. And they'd be, like, "Hey, you're destroying the university," you know, "You need to put a stop to this right now," and all this other kind of stuff. But the ball was rolling. So Pride Week wasn't just like a random event, right? We didn't just randomly say, OK, this week we're doing it. Like, over in January, we got approval from President Schneider to hold the event, like we had a full outline, we went to General Kelly, we went to President Schneider, we had a full event. They approved it all. Got funding. Now, our shield, on the strategic aspect was, we got two sitting Congressman, a sitting Senator and the Governor of the State to all support us. So President Schneider couldn't back out of it by this time. And then we got CNN, MSNBC, NPR and stuff like that to also do articles on it. So it was happening. And we purposely did it that way, and strategically did it that way, that no matter what type of pressure we got, it was going to happen. But they didn't tell the alumni. And that's something they personally take blame for; we didn't tell the alumni. But I remember sitting down – I'm trying to remember his name, unless it's Dave Whaley? Dave – no. I'm trying to remember who's the Head of Alumni Relations. But I remember – I can't remember his name now. But I remember him saying – I want to say this was right at the end of Pride Week when we were doing all the AARs, and then we knew it was just – I mean, the president had to go and put out a video because people were threatening not to come to Alumni Weekend; people were threatening not to donate, and it was crazy. But he – I remember the Head of the Alumni Relations said, "It's not the fact that you had the event, or that it was a gay event. It's the fact that you did it too soon." And pretty much what he was telling us was, "We're not telling you not to be gay. But the alumni aren't ready for you to be gay and the alumni aren't ready for a club like this. And because the alumni aren't ready, you shouldn't do this event." And he gave me a metaphor about a highway, like yeah, "We all have to travel on the same highway, and you guys just came out of the exit without thinking about the consequences, so quickly. And you cut off the vehicle in front of you and it caused this huge wreck." And my response to him was, "Well, sir, I remember a couple of years ago we had the second in the hundred-something year our university has existed, second female cadet Colonel. And that individual got a lot of hassle as well." And I 18 was like, "The alumni were not ready for that." I was like, "The alumni – she got so much harassment, I remember her very first meeting as a cadet Colonel, she said, 'I only think I got this position because I am a woman.' And the room went quiet. And I stood there in shock, I don't believe she just said this." So I told him, I was like, "I will not allow you sit here and put these people back in the closet because the alumni aren't ready for them. This is their life." Yet again, this is on the top floor, right outside the president's office, top floor, and I said, "I will not allow you to do that. They have their lives." I was like, "You cannot tell a 19-year-old to go back in because someone he's never met before isn't comfortable that he's gay at a university they attended 20, 30 years ago." I was like, "That is completely inappropriate." And yet again, I was like, "We are not living up to our values." You know, and we used to sit there when we did events and stuff like that, we'd list the different values of the university. We'd list down, this event is covering this value, you know? To not just act, but also to think, and things like that. But yeah, I mean it was – SY: It was really pretty brilliant. JF: So yeah, I mean, it took a while. I mean, I always used to tell Dean Mathis I find it funny that Norwich gave me the education to eventually cause them all this problem, all these problems. SY: Yes, that's right. JF: Because a lot of it did come from the academics that I learned from Norwich. I mean, at the least, they can at least know they were very successful in educating their student body. And knowledge is power, which yet again, they should be very proud of. But yeah, but I mean, so another result of it was, yet again, they waited until I graduated, because they knew if I was still there it wouldn't happen. But they literally waited until after I graduated, and President Schneider announced that the following year they wouldn't be holding a Pride event, that he felt – pretty much he said it caused too much hassle, like no club should have so much attention on them because it's not fair to the other clubs. Though, you know, yet again if I was still at the university, it would have been – I gave the students who were still there some tips and came back for Alumni Weekend and had some very nice conversations. But they waited until I was out the door to make that announcement, and they did that purposely. SY: And there hasn't been a Pride Week since? JF: There hasn't, no. The club still meets, they'll actually be meeting today – today's Thurs– no. No, they actually do have a – I'm trying to remember if I just saw the Facebook – they're meeting Thursday. So they still meet on Thursday. 19 SY: I'm going to interview Meche when we actually can line up our schedules. But he told me it seems like there's – he's really upset that the club's losing momentum. JF: Yeah, it is. I mean, so for a club like this, it takes a really, really, really strong – it takes a strong leader, because you have to be willing to be controv– as much as I hate to say it, you have to be willing to be controversial. You have to be willing to stretch the limits. You have to be willing to say, hey, this isn't right. And yet again, some people, they really do get tied up on rank, right? Like, okay, the cadet – the Commandant is a Colonel in the Vermont State Militia, I can never question that authority. I respect the authority, I'm not going to be disrespectful. But at a certain point, there's a lot of different avenues where I can question it if it's not being conducive to my life or to my education. SY: That's where I think the whole civilian soldier thing is interesting, because it seems like one side of Norwich teaches you to follow orders. And another side of Norwich teaches you critical thinking. And those two sometimes collide, right? JF: Oh, they do, yes. Very much so. SY: Yes. And so I guess in your time since Norwich, how do you think this, what you learned in Norwich, which, in some ways, is how to push to sort of improve and change a military system? How has it served you since you've left? JF: It served me pretty well, I mean, as soon as I graduated, I got some good news. We got invited to the White House. So we were able to go to the White House for a social there. I mean, it was – I thought it was kind of, like, I was like, I thought it was kind of a hoax, because I started getting some hate mail sent to my home address and then I got a letter, big card stock, saying, you know, from the White House. I'm like okay, this is kind of random. And yeah, it was an invite, like you know, we're having the first national LGBT Social at the White House, we would like you and a guest to attend. I'm like, no! And then I got an email, you know, from the head, like yeah, we need all this information because Secret Service has to do a background check on you. And I was like, okay, I was like, great! I was like – so I contacted a really good friend of mine, Sue [Follen?], she's a former Captain, she's a West Point grad, she's really involved at West Point. I was like, "Hey Sue, I'm going to the White House. Can I wear my uniform?" And she says, "Yes." She's like, "Because you know, if it's at the White House, it's not a political event, so you can still wear your uniform." We had JAG look into it, that was great. Perfect. So you know, brand new Second Lieutenant, and I got my dress blues on, I invited Rob Morris who's a Navy pilot now, straight ally, one of our best. He was actually our Coordinator of Allies for the club. I said, "Come on, man, you definitely deserve this." He 20 came, great. We met people from – there was a bunch of military people there we met. We got to witness the first same-sex engagement proposal at the White House. SY: That's neat. JF: Yeah. We got tons of pictures, like, we went in the China Room, we went in the First Lady's room, the Lincoln Room, the Green Room, just taking pictures, all that kind of stuff. And President Obama came out and gave a speech. Came up, you know, we were in uniforms, so he came and shook our hands, he thanked us for our service. But, I mean, we just met people, I mean, we met authors for NCIS from California, to lobbyists, the director of the – I don't know his official title, but he's, like, the advisor to the president when it comes to the AIDS epidemic, both in the United States and worldwide. So we got to meet with him and talked with him, and just made great connections. So that was a great experience. But from there there's a national organization called OutServe-SLDN [OutServe-Servicemember Legal Defense Network], so it's an international organization that represents LGBT soldiers and veterans. So we have – there's organizations and there's clubs, chapters. Anywhere there's a military base. So every state has a chapter. We have chapters in Korea, Japan, Germany, Italy, England, anywhere where there's a military presence, there's a chapter. So I met with them and I started getting involved with them. And then just about a year ago, I got invited to serve on the board of directors. So at 24 years old, I sit on the board of directors of an international nonprofit organization. We work with the White House, with Congress, the Pentagon, State legislatures, of course other nonprofits, like HRC and stuff like that. So I get invited to different events all the time, depending on my travel and stuff like that, I get to make some of them. But we get invited to the Pentagon from time to time. But now we're actually working on – because even with the repeal in place, there is no discrimination law protecting LGBT soldiers. So you can serve openly, but you can still legally be discriminated against, and nothing can happen to the person who's discriminating against you. So we're actually, as an organization, we're working with Congress and different DOD individuals to actually get in the EO policy LGBT. So one of the things that just happened was in July, I want to say, if I'm remembering my data properly, Secretary Hagel signed – added LGBT into the Military Human Rights Charter, which is the first step to getting the LGBT, or LGB since they still don't identify transgender as service members – SY: (inaudible) [00:34:04] in there, yeah. JF: Yeah, into the EO policy. SY: That's (inaudible) [00:34:07], right? JF: Yeah. So, I mean, it's helped me a lot, working out like I'm just – I mean, I'm about to go 21 down to Austin in a little bit to – in a little bit – but in a couple of days to start working and volunteering with HRC, now that my training is a little bit more steady. So it's been good. It definitely gave me the education, the foundation, the courage, the drive to do what I need to do to meet my goals and passions. SY: So I just want a couple more questions, and then you must be exhausted (inaudible) [00:34:44]. So first of all, I bet there were some gay alumni who contacted you, right? I would imagine that you've had positive encounters from alumni? JF: Yes. Yes, I mean one of the most positive – so when the news first broke out that we were going to have a Pride event, I remember one of my first messages I received was from a Board of Fellows, and she contacted me, and she was, like, "I want to start off with letting you know I'm extremely proud of you. Extremely proud to call myself a Norwich alum this day." She was, like, "I also want to warn you, though, that you're about to go through some hell." She says, you know, "Through this, I just want to let you know that I want you to stay strong. If you ever need someone to talk to, let me know. And I'll be there to help you, whether it's through a phone call," or, you know. And then we had just this past – I want to say it was just this past Alumni Weekend, this past one that we just passed, or maybe it was the one before that. A transgender Corps of Cadets member contacted me. So when she went through the Corps of Cadets, she was a he, and she just got interjected into the old guard. So she's saying, like, "I'm extremely proud of you guys," you know, "I'm going to this huge" – it's going to be, I mean, 70-something going into the old guard as a female, but went through the Corps of Cadets as a male – SY: This is Georgia? JF: Yes. SY: Yeah, I mean, I did interview her. I did. JF: Yeah. You know, so she contacted us. What was another really positive one? Even more recently, I had positive one. I was at the HRC dinner in DC, so thousands of individuals. And they hold it at the conference center there in DC. And this guy comes up to me, he says, "You're Joshua Fontanez, right?" And you know, by this time, I'm still in my dress uniform, this was – oh, when was this? This was recently. This was, like, this was in September of this year, so years after this all happened. So I'm like, "Yeah." He's like, "I'm on the Board of Fellows at Norwich." He's like, "I just want to let you know that even though it happened years ago, I still remember when the articles first came out. I'm extremely proud of you still. Keep up the good work. Keep in contact," like he handed me his business card. So yeah, we got a lot of positive support. And that was definitely one of the things we talked about, you know, when we talk about it strategically, is how do we get more alumni involved when it comes to the positive 22 aspect? And unfortunately, it was, like, yeah, of course we have a lot of pressure when it comes to alumni not liking organizations like this, or liking a movement like this or liking events like this, and they have financial influence to try to slow it down or stop it. So how do we find the alumni who actually have the money to push it along and stuff like that? SY: Well, one of the largest donors we have right now is Jennifer Pritzker. JF: Yeah. SY: So, I mean, you know, there's some hope in that direction, I would think. In terms of the LGBTQ. JF: Yes, because I remember, I think the Pritzker fund, the donations actually went up from – that was, like, one of the things – I think that was one of the things that really did save us, is their donations went up as this club got more notice. And that was one of the things that we were told. So that was definitely a saving grace in that aspect. SY: Yeah. And she gives millions of dollars to the university. JF: Yeah. SY: Another question I have, and this is, like, me putting my academic historian hat on, and like, we both know that, like, Norwich's gay history when, like, you know, your club had its first couple of meeting on September 20th, right? JF: Yeah. SY: And I wonder if there is any way to sort of capture some of these stories of the, like, many, many closeted years of Norwich's history. So if you can think of any alum who are up to talking with me about their experiences when they were here in classes, decades, you know, in the decades before this, that would be great. JF: Yeah, definitely. And I – SY: And have you heard any stories? Have you heard any stories that you can tell? JF: I haven't heard a lot of stories, so my stories have always been, like, second-hand stories, so, like, definitely to get the names of the individuals you want to talk to, the two people I would say talking to is Dean Mathis, because, I mean, she was there when it was still two colleges, you know, when we had the off-campus civilian college. And she tells stories all the time about 23 students coming up to her, begging her for a club like this, and her always telling them, I mean, and this was the one thing she always regrets, is she used to tell them, like, "Listen, I'm scared for you." Like, "It's not that I wouldn't support you, that I don't think the university needs it," she goes, "I don't think I could protect you." You know, "I think you would physically be assaulted," or, you know. And that would be her advice to them, it's, like, not that I don't want to support you, but my advice to you is to stay safe, and I don't think you can safely do this. So she could probably give you some good names, I mean some really good names. And at the same time, President Schneider. Because President Schneider use to tell, I don't know, I forget the alumni, but he used to tell me, "We have an alumni who works in the Pentagon who used to, I want to say he used to be in the Navy, and now he's just a civilian contractor in the Pentagon. So he'll bring interns in and stuff like that, and they'll work for him for a couple of months, and at the end, he'll tell them, like, 'Hey listen, it really doesn't affect your internship, but I want you to know that I'm gay, and that we worked together for this entire time. So now that you go through your life, you know that, one, there are successful gay people out there, and we're just like everyone else.'" And then I think the alumni – I don't know if you've been – I'm sure you have been – in the main building, is it Jackson? Jackman. It's only been a couple of years, I'm already forgetting – my memory – so Jackman Hall, they have the long Corps of Cadets pictures, where they used to put the whole Corps of Cadets and they have the long ones, I guess the photographer, whoever used to be the regimental photographer for that, who actually came up with the idea to do the photograph like that is gay, and is open. I can't remember his name, President Schneider used to mention him from time to time in our meetings, when we had our one-on-one meetings together. So those are two individuals I would say definitely sit down with and talk, because they can give you, like, 10, 15 years ago, you know – I can tell you a couple when – SY: I'd love to get 40 years ago. JF: Yeah. SY: You know? I would love to do that. But I, you know, and this is the problem, of trying to turn over a queer history, and it's hard to do. But, you know, it would be great if I could get somebody from the '50s or the '60s to talk. But I don't think that'll happen, sadly. JF: I mean, with timing, Alumni Weekend, or as you hit up one alumni, maybe they give you a couple other names. I mean – SY: Yeah, yeah. 24 JF: There's definitely that domino effect out there. SY: Yeah. Yeah, yeah. All right, so I'm just wondering, my last question, any other people I should talk to? Any other students that were active with you at the time who you feel would want to be interviewed? JF: So right now, and she just got back from her study abroad from China, Rickie [Feitner?]. If you try to look up her Norwich email, her real first name is Rebecca, but everyone calls her "Rickie." She was extremely, extremely active. She was a freshman my senior year. Extremely passionate. Dr. Newman is an individual I'd talk to. She currently doesn't work at the university, she works in Delaware. The head of the Civic Center – SY: Oh, yeah, I've already met with her. JF: OK. Perfect. Nicole. SY: Dominico. JF: Yeah, Nicole. Who else? The – Dr. Kelly. He's – SY: Dr. Kelly, oh, yes? JF: Because he's in the engineer department now, if I'm tracking correctly, still. SY: Yeah, no, he is. He's still here. Was he very supportive? JF: Yeah, I mean, he was. Because he was always that father figure, like, he was very – oh. He always had that aspect of, like, he knew – it's not necessarily like he agreed with the lifestyle, but he knew it was the right thing to do. And he used to have this story about, like, you know, I don't know if it was his sister-in-law, but she had a wife. And he said, "I've never seen two people ever show so much love for each other or so much care for each other, than these two." SY: I think it's his cousin. JF: It's his cousin? SY: She's (inaudible) [00:43:51]. JF: OK. So yeah, he used to have a family member, and he used to tell that story. 25 SY: Yes. JF: But him and his wife showed up to the prom that night, and he said, like, you know, "In all my years here in Norwich, it's the first time I ever saw two same-sex individuals actually dance together, with each other. And they didn't care that I was watching." As a Commandant, or head of Student Affairs at the time, you know, one of the top officials, you know, for the university. I mean, he was extremely, extremely supportive. He was always one who never spoke quickly. He used to think before he spoke. You could just look at his face, and you know he was thinking. He always took that time to think before he spoke, which unfortunately, in society today is a lost art. I'm trying to think of other students, I mean, I can email you a list of other students. SY: Yeah, why don't you email me, just when you think about it. JF: Yeah. I mean, I can get you a list, but I want to give you full names. I already have, like, four or five people in my head, like, both allies and individuals who identified as either being gay or lesbian. I'm actually thinking of people who were on both sides of the issues, because I definitely want to have a full 360 of the event and the issues, and stuff like that. I mean, it was. There were some individuals who were gay who didn't agree with the club, or who didn't agree with the movement, and who were very content on being in the closet and this being an issue that was never brought up. So I think they definitely deserve to be heard as well. SY: And I really do think, you know, 20, 30 years from now it will be, some historian is going to go into the archives and be, like, look at this moment on this military campus, right? Look at the controversies, right? So the more people I can talk to who can speak to the issue and all the complexities about it. JF: Yeah, and definitely on the historical aspect, I said, like, I'm sure you have or you will talk to President Schneider, because I remember he got a call from VMI. And the four-star there pretty much called him and said, "Listen, I have – because of your college having this club founded, students want to found one at my college. And I have no clue on how to react to this. How did you deal with this?" I got an email from a girl in Taiwan who wanted to know how we could help them found their club. We mentored both the West Point and the Air Force Academy with getting their clubs started. We sent students down to a private school in Massachusetts to do lectures with them on how to be supportive of LGBT students, and stuff like that. So the scope of just how much instantaneous in one year we affected multiple universities and high schools and stuff like that was astounding. 26 SY: Yeah, it's pretty amazing. Do you think you to some degree you shifted the culture of the university too? Maybe not even in terms of gay issues, but in terms of (inaudible) [00:46:44]. JF: I think so. I think, I mean, it made people – it called a lot of people out on an issue. Because, I mean, a lot of people, I would say the cultural aspect undoubtedly, because I remember everyone used to be, like, you know, in public, because you know, it's taboo to be, like, oh, "I hate" – to openly say, like, "I hate a gay student." No one would openly say that and keep their job. And I remember Dr. Kelly got every faculty member – so not the academic staff, but all the other faculty. So all the Commandants, all the Sergeant Majors, all the support staff, and he brought them down to the Milano Ballroom and had a meeting. And afterwards, I went to Dean Mathis, and went, "How was this meeting?" She's like, "Josh," she's like, "You don't believe the beehive you just smacked." She's like, "An individual who I literally work" – because her office was combined with one of the Commandants' office, because they were redoing his office. She's like, "He sits there every day, sees you come in and talk to me about this club and about your movements, and about this stuff." She's like, "He is probably one of your least supporters." She said, "Behind closed doors, he doesn't believe this club should exist, he doesn't believe in your lifestyle, he doesn't believe in what you do." And she said, "Let me tell you this right now." She's like, "General Kelly put them all on notice." She was like, "That meeting officially was their official warning to HR. If they do anything" – because the big mentality really was, their concern was that a Commandant would turn their back. Like, say, like hypothetically, I was getting jumped or something like that, that they would turn their back and not do anything about it. Or, like of an event happened and a Commandant – because if the Commandants had to be on duty during these events, like if they had to show up, that was their biggest fear, is, like, if they would see something happening or know something was going to happen and not do anything about it. Which is kind of a shame to say if, you know, a 40, 50-year-old adult who the majority of them had prior military service. SY: Yeah. JF: But he put them all on notice that day. And I mean, it's the mentality, this was our faculty and staff. It was like, now you – it wasn't even the student body, you know, LGBT members were scared of. It was their own professors, their on Commandants, their own mentors, you know? I think we destroyed a big culture of fear. We definitely established that students can make a change, and students can question and still be successful. But yeah, a lot of stuff when it came to bullying, when it came to acceptance, I mean – and I always find it funny, because some of our individuals who were completely against us in the gay community would have never came out unless there was this controversy. It was, like, some of these individuals who were, like, "Oh, I know you've been gay for a year," or two years or three years. "You never had plans on coming out, not until this" – "I don't even care if you were against us," I was like, "But you came 27 out." So I'll take that as a win, because I know you may not thank me now, but in five years when you find your significant other and you're extremely happy, you know, you're going to thank me for that, 'Hey listen, four years ago I came out,' you may regret why you came out, or the stance you took when you came out. But you're out." So it's like, I'll take – SY: People evolve, right – JF: Yeah. SY: I mean they feel when they first come out, it's better than when— Here's where they (inaudible) [00:50:15], I'm sure they changed their mind. JF: Oh, like I said, I have complete empathy, because I know, I was in their shoes. Like I said, I was in high school making fun of individuals who were out. So, I can – I never held that against them, because I knew the process of what I went through when I came out. And I knew the process, I know the fear, I knew the pain. I knew the loneliness that can be there and the reaction of human nature, I want to be – you know, if it was cool, if it was okay and accepted, you wouldn't be a minority, you know? People don't make fun of the majority of people, you know? So therefore, you want to be in the majority, you want to be the accepted person. You want to be the cool side of the lunchroom, or whatever. So you naturally migrate towards them. And unfortunately, unless you have individuals who constantly remind you or keep you accountable, you do give up some of the aspects of who you are, or what you believe in, to assimilate to that culture. SY: Yeah. Did you get physically attacked at any point? Or just a lot of threats? JF: Oh no, just a lot of – I was a big muscular guy, I mean, I could – SY: Right. JF: I could handle myself. SY: [That's good?]. JF: No, like, and I was never fear – I mean, there were, I mean, like I said, there were definitely some staff members who were extremely afraid that, you know, that I would be beaten up, or if, you know – I was told never to walk around, like, at night, you know, alone. They had the cameras outside my room and all this other kind of stuff. But I never had fear, I mean my mentality in life has always been, like, I'm destined for greater things than being beat up, or 28 pushed down some stairs, or something like that. I'm, like, you know, that was never a fear of mine. SY: I don't know if I have any more questions, any last things to add? We covered a lot. JF: I think we did. I mean, it's definitely – I enjoyed it. SY: You enjoyed the interview, or just other – JF: Oh, I enjoyed Norwich, I enjoyed the interview, I enjoyed the events, I mean – SY: So you did this, yeah, and that's what's going to be great, that you really did enjoy Norwich. Even through all of this, how do you feel – I guess that's it. How do you feel now when you reflect upon your four years at Norwich? JF: Oh, I'm extremely proud of – I mean, I would go back again. People tell me all the time, like, I mean, I have a lot of coworkers from all the different military colleges, whether it's Citadel, VMI, West Point. I think I'm the only one who says, like, yeah, I'd go back and do it in a heartbeat again. Absolutely. Met a lot of people. I don't know, maybe it's just my first – because I'm not sure, I met some people from Norwich who said, like, "No, I'd never go back," I mean, between the knowledge I gained there, the connections I gained, the friendships I gained, you know, the high-speed pace that was between, like, okay, have to balance classes. I mean, I literally would leave my room at 6:00 in the morning for PT and usually not get back until 8:00 at night, just because between classes, meetings, sitting in the board of director's office, with President Schneider, and you know, all the Commandants, and voicing the opinions of the student body, whether it was through student government or the Corps leadership, or working with volunteer organizations, through Nicole's office, or working with Greg and student activities. I mean, I loved it. It offered so much. That's why it was shocking when people say, like, "Oh, I'm bored at Norwich," or, "There's nothing to do." I'm like, "There's absolutely an amazing amount. Norwich gives you the potential to be whoever you want to be and do whatever you want to do. You just have to be willing to actually tap into that potential, tap into the resources that are there, utilize them properly." And I mean, what you can do, where you can go is unlimited. And some places don't give you that opportunity. And, I mean, Norwich gave me the opportunity, and I feel that I utilized it to the best of my ability. SY: Well, that seems like a good place to end. Thank you for talking today. END OF AUDIO FILE

The main drivers for economic development are dependent on water, which provides the basic need for survival and comfort. Water, with its competing uses and economic value, has become a scarce resource, particularly in areas where the population and the economy are thriving. Water usage in developing cities needs to be strategized to meet the growing demand caused by increasing population and business growth. A few studies on household water demand as a basis for demand management have been done for minor cities. Carcar City, an urban city in southern Cebu, experienced an unparalleled population and economic growth after its cityhood in 2007. This situation put pressure on the Carcar Water District (CWD), the major water provider in the city, to expand its service capacity. Changes in water management has affected households in Carcar City, which comprise the majority of connections served by the CWD. This study aims to analyze water demand among households in Carcar City. Policy implications for water demand management are drawn from the findings. The multiple regression results from primary data identified average price, household income, some housing attributes, household characteristics, and water conservation behavior variables as statistically significant in explaining demand for water. Hard and soft mechanisms based on the findings are recommended to manage water demand in Carcar City. Price, along with water use restriction policies and public education, can be effective for water demand management, which can be jointly undertaken by the water district and the local government unit.

Rezension von: Ursula Stenger / Doris Edelmann / Anke König (Hrsg.): Erziehungswissenschaftliche Perspektiven in frühpädagogischer Theoriebildung und Forschung. Weinheim / Basel: Beltz Juventa 2015 (286 S.; ISBN 978-3-7799-3251-2; 26,95 EUR).

Rezension von: Thomas Rauschenbach / Walter Bien (Hrsg.), Aufwachsen in Deutschland. AID:A – Der neue DJI-Survey. Weinheim und Basel: Beltz Juventa 2012 (248 S.; ISBN 978-3-7799-2259-9)

"Der vorliegende Beitrag stellt ein Forschungsdesign zur Rekonstruktion unterschiedlicher Entwicklungspfade hinsichtlich der Dimensionen Autonomie und Relationalität vor. Es handelt sich um eine an der Universität Mainz und Universität Osnabrück durchgeführte Längsschnittstudie über insgesamt 28 Jahre, die unterschiedliche Methoden und Daten systematisch integriert, um der Komplexität dieser Forschungsfrage möglichst gerecht zu werden. Die Studie setzt sich aus einer Sekundäranalyse verschiedener Datensätze einer früheren Längsschnittsuntersuchung und einer neuen Datenerhebung mit dem reaktivierten Sample zusammen. Theoretisch ist das Vorhaben in einen kulturpsychologischen Ansatz eingebettet, der sich mit dem dialogischen Zusammenspiel von Selbst und Kultur befasst." (Autorenreferat)

Der vorliegende Band gibt die Diskussion des 13. Kongresses der Deutschen Gesellschaft für Erziehungswissenschaft wieder. Das gewählte Rahmenthema sollte die Verständigung über die Weiterentwicklung und den Neuaufbau der Erziehungswissenschaften gleichermaßen am Problemstand der Tradition wie an modernen Gegenwartsfragen ausrichten. Neben den einführenden Referaten gibt der Konferenzband über die Berichte von 11 der insgesamt 12 Symposien sowie über das Podiumsgespräch "Zur Situation der Erziehungswissenschaft in den alten und neuen Ländern der Bundesrepublik Deutschland" Auskunft. Für die Berufsbildung sind Beiträge des 3. Symposiums (Thema: Modernität der deutschen Berufsausbildung im Kontext der europäischen Integration) und des 10. Symposiums (Thema: Modernisierung des Bildungssystems im Spannungsfeld von Entberuflichung und neuer Beruflichkeit) von besonderem Interesse. (BIBB)

Teil I - Völkerrechtliche Grundfragen -- 1. Gerechtigkeitsgehalte im positiven Völkerrecht -- 2. Rights of Nature include Rights of Domestic Animals -- 3. Is Article 2 (4) of the United Nations Charter still alive? -- 4. Erga omnes-Verpflichtungen vor dem Internationalen Gerichtshof: Ein Kontrapunkt -- 5. The challenged legality of economic coercion -- 6. Diener zweier Herren: Gegenmaßnahmen im unions- und völkerrechtlichen Kontext -- 7. Some Observations on the 1920 & 1921 Expert Reports regarding the Åland Islands Question -- Teil II - Institutionen und Internationale Beziehungen -- 8. Der Internationale Strafgerichtshof nach 20 Jahren -- 9. Der Aufbau investigativer Fähigkeiten in den Sekretariaten der Organisationen des UN-Systems -- 10. International Fact-finding on Human Rights Violations –The Moscow Mechanism of OSCE -- 11. Menschenrechte und multilaterale Außenpolitik – Der deutsche Vorsitz im Europarat 2020/21 -- 12. The High Representative Revisited in 2022 – An Ever More Powerful Institutional Actor in the EU's Common Foreign and Security Policy -- 13. Whatever Works? Zur Informalisierung der EU-Außenbeziehungen im Bereich Asyl und Einwanderung -- 14. Identity, religion and foreign policy in the land of Islam (Diplomacy between dogma and the reality of international relations) -- Teil III - Menschenrechte -- 15. Human Dignity in International Human Rights Law -- 16. Human Rights as Foundation of Transnational Constitutionalism? How to Respond to "Constitutional Implementation Deficits" -- 17. Menschenrechte in Zeiten des Notstands -- 18. Discrimination Based on "National Origin" and Nationality -- 19. The role of Human Rights Law for the political participation of Indigenous women -- 20. Das allgemeine Petitionsrecht als völkerrechtliches Individualrecht – Gedanken zu einem verloren gegangenen Menschenrecht -- 21. Which Rights Do Have the Astronauts? -- 22. Unterbringung von Piraten an Bord von Kriegsschiffen – Welche Mindeststandards gelten? -- 23. Begriff und Einordnung des Migrationsrechts im nationalen und internationalen Recht -- 24. Thesen zur Genfer Flüchtlingskonvention 1951 -- Teil IV - Schutz von Menschen in bewaffneten Konflikten und Katastrophenfällen -- 25. Compassion and International Humanitarian Law -- 26. Humanitäre Hilfe – ein Beitrag zum Recht der Solidarität -- 27. Die völkerrechtliche Pflicht Syriens, humanitäre Hilfe zu gestatten -- 28. Die völkerrechtliche Regelung des Zivilschutzes -- 29. No-Fly Zones zum Schutz von Zivilpersonen in Kriegszeiten?. Teil V - Minderheitenschutz -- 30. The Blind-Spot in protecting Global Minorities: A Blue-Print for strengthening the normative framework? -- 31. Wie effektiv ist die Rechtsprechung des Europäischen Gerichtshofs für Menschenrechte zum Minderheitenschutz? -- 32. Legitimacy and Efficacy in Monitoring Minority Rights: Bilateralism contra Multilateralism in the Council of Europe and the European Union -- 33. Drafting laws on national minorities. Theoretical and practical reflections -- 34. Minderheitenmedien zwischen medienökonomischen Effizienzanforderungen, Gerechtigkeitspostulaten und Spracherhalt -- 35. Mikrostaaten und der europäische Minderheitenschutz -- 36. The Livs in Latvia and the Law -- 37. Gudmundur Alfredsson and Ineta Ziemele -- 38. Minderheitenidentität(en) – Südtirol, Kärnten und Schleswig-Holstein im Vergleich -- 38. Der Streit um die öffentlich-rechtliche oder privatrechtliche Gestaltung der Minderheitenselbstverwaltung, ausgetragen von den Angehörigen des sorbischen Volkes -- 39. Protection of New Minorities under International Law -- 40. Europäische zivilgesellschaftliche Integration und gemeinsame Werte: Die Erfahrung eines Brettspiels -- Teil VI - Wirtschaftsvölkerrecht -- 41. Interpretation from within? Approaching the decision of the CETA Joint Committee on investment from a public international law perspective -- 42. Protecting Individuals in International Investment Law – Plans for an Investment Court in the Past and Today -- 43. Abaclat v. Argentine Republic: When Investment Arbitration Met Mass Claims -- 44. State Immunity and International Arbitration in Sweden -- 45. When a Violation of Domestic Law is a Breach of Treaty -- 46. EU Law and Investor-State Dispute Settlement: Facing Complementarity -- 47. How States can justify Economic Sanctions under International Investment Law -- 48. Application of the concept of due diligence in international investment law -- 49. Die Entwicklung des EU-Rechtsrahmens für die Investitionskontrolle Dezentralisierung als vereinigender Faktor -- 50. Mission Impossible? International Investment Law between Property Protection and Climate Action -- 51 Effektiver Rechtsschutz und Eigentumsgarantie im System der Europäischen Menschenrechtskonvention: Zum Verhältnis und Zusammenspiel von Art. 6 Abs. 1, Art. 13 und Art. 1 ZP-1 EMRK -- 52. Unternehmen und Menschenrechte – Überlegungen zu einer funktionalen Begründung von Rechten und Pflichten -- 53. Vom Ende des "Business as Usual" Aktuelle Entwicklungen und Muster der Regulierung von unternehmerischen Sorgfaltspflichten – 54. Cross-regime Remedies for a State's Failure to comply with the New York Convention -- Teil VII - Rechtsstaatlichkeit und Demokratie in Europa -- 55. Grund- und Menschenrechte als Grundlage der Demokratie in Europa -- 56. Die Konstitutionalisierung der EU-Grundrechte. Das österreichische Beispiel -- 57. Neue föderalistische Entwicklungen in der Schweiz und in Europa -- 58. Verfassungsgerichtsbarkeit in der europäischen Gesellschaft -- 59. Still on Constitutional Courts at the rescue of their mandate: The puzzling Spanish case -- 60. The Rule of Law and Judicial Independence: Recent EU Developments and Case Law of the European Court of Justice -- 61. Die unionale (Verfassungs-)identität: Stärkung des Rechtsstaatsprinzips? -- 62. 2022 – Celebration of the Silver Anniversary or Reality Check of the Polish Constitution? -- 63. Rechtsprechung des deutschen Bundesverfassungsgerichts und des Verfassungsgerichtshofs von Polen im Vergleich -- 64. Unabhängige Behörden - gesetzlose Hüter des Binnenmarktes? -- 65. 20+ Years of the EU Non-discrimination Directives: Can a Reflexive Governance Approach Improve their Implementation? -- Teil VIII - Verfassungsrecht und Verfassungsprozessrecht -- 66. Ein Herz für Kinder -- 67. Das verborgene Grundrecht – Ein Beitrag zur Entscheidung des Bundesverfassungsgerichts vom 19.11.2021 (Bundesnotbremse II) sowie zur Systematik der UN-Kinderrechtskonvention -- 68. Die Dobbs-Entscheidung des U.S. Supreme Court und ihre institutionellen Folgen -- 69. Konvergenz und Divergenz in der Verhältnismäßigkeitsrechtsprechung des BVerfG, des kanadischen Supreme Court und des südafrikanischen Verfassungsgerichts -- 70. Staatliche Parteienfinanzierung als Verfassungsproblem -- 71. Äußerungsbefugnisse von Regierungsmitgliedern -- 72. Stillhalten im Verfassungsprozess - Zum Umgang mit dem Problem der Zwischenzeit in Eilverfahren über Zustimmungsgesetze vor dem Bundesverfassungsgeric -- Teil IX - Ordnung durch Recht in den Bereichen Daseinsvorsorge, öffentliche Güter und Nachhaltigkeit -- 73. Neue alte Entwicklungen für das Verwaltungsrecht: Von Kooperation und Dreiecksverhältnissen zur Konfliktbefriedung und Vertrauensbildung im Wirtschaftsverwaltungs- und Gesundheitsrecht -- 74. Recht in Zeiten der Corona-Pandemie -- 75. Pandemiebewältigung in der Währungspolitik und Rechtsschutz der Individuen -- 76. Nachhaltigkeit und Barrierefreiheit als zwei Seiten einer Medaille: ein Aufruf zur Intelligenz im Europäischen Tourismus -- 77. Verträglichkeitsprüfung und Vorsorgegrundsatz im europäischen Naturschutzrecht -- 78. Die Rechtsprechung des EuGH im deutschen Migrationssozialrecht: Existenzsichernde Leistungen und Kindergeld -- 79. Unionsrechtlicher Reformdruck auf den Flickenteppich des Rechts der Gruppenversicherung.

The present manuscript is intended to be part I of a publication in two volumes, which deals with the historic architecture in the region of "Semmering" in southern Lower Austria from the point of view of art history, cultural history and history of architecture. The study was attempted in continuation of the FWF-project P 13959 under scientifical direction and supervision of the applicant (Prof.Dr. Mario Schwarz). Main topic of this study is the role and importance of the "Suedbahngesellschaft" (Southern Railway Company) in the process of the formation of the Semmering-region as a first-rate holiday resort of the Viennese society during the late 19th century up to the beginning of World War I. The study shows that the forming of this region mainly depended on the initiative of Friedrich Schueler, the Southern Railways Company's director, and Franz Schoenthaler, sculptor in duty of the Imperial Court. The materialization of the planning in the field of hotel-architecture in the first phase was due to architect Franz Wilhelm - collaborator of Wilhelm Flattich, who designed the railway-station of the Southern Railway Company at Vienna, in the second phase due to the architects Alfred Wildhack and Robert v. Morpurgo. The author's research brought a lot of new insight in work and biographies of these architects, who have been neglected so far by the art history. New, important results were achieved by this study concerning the links between the Semmering hotel-architecture and the grand hotel-resorts at Dobiacco (Toblach; architect: Wilhelm Flattich) and Opatija (Abbazia; architect: Alfred Wildhack e.a.), built by the Southern Railway Company as well, which have to be seen as activities in sense of the company's "corporate identity". Thus the company appears among the leading entrepreneurs in the world as founder of railway-hotels. The author presents several famous examples of this kind of hotels from Great Britain to the USA. Here the study is entering a field of architectural research, which still stands at the beginning. There are also important relations between the Semmering hotel-architecture and the historical hotels of Switzerland. In a large panorama the author includes the Semmering hotels in the general regional development of the "Wiener Hausberge" (hills and mountains near Vienna) during the second half of 19th century, especially in the time after the construction of the Semmering railway. The study comprehensively is illustrated with photographs of the object's exteriors and the interiors, historic views, plans and comparative illustrations.

At the beginning of this volume, an introductory chapter, written by the applicant (Prof.Dr.Mario Schwarz), refers on new studies to the phenomenon of landscape aesthetification in view of the construction of the Semmering railway. The main topic is the factor of sensual apperception of the landscape during the continuous movement of a railway-ride and its genial exploitation by the railway's architects. This motivation has to be seen as climax and terminus of a development, which derived from the ideology of English landscape gardening in the age of romanticism. On the other hand the phenomenon is compared with the theories of aestheticism, as they were discussed at the Vienna university in the middle of l9th century. - Das vorgelegte Werk ist als 1. Band einer zweiteilig geplanten Publikation verfasst worden, die sich mit den kulturhistorischen und architekturgeschichtlichen Aspekten der Hotel- und Villenbauten am Semmering im südlichen Niederösterreich beschäftigt. Die Arbeit ist eine Fortsetzung eines vom FWF geförderten Forschungsprojekts (Nr. P 13959 ) unter der wissenschaftlichen Leitung und Begutachtung des Antragstellers (Univ.-Prof.Dr. Mario Schwarz). Gegenstand der Untersuchungen und Ausführungen dieses Bandes ist die kulturgeschichtliche Stellung und Bedeutung der Südbahngesellschaft bei der Erschließung der Semmering-Region als erstrangig bedeutendes Naherholungsgebiet des Wiener Bürgertums im späten 19. Jahrhundertwende bis zum Ersten Weltkrieg. Die Untersuchung zeigt, dass die Aufschließung dieses Gebiets hauptsächlich auf die Initiative des Direktors der Südbahngesellschaft Friedrich Schüler sowie auf den Hofbildhauer Franz Schönthaler zurückgeht. Die Umsetzung der Planungen im Bereich der Hotelarchitektur ist in der ersten Phase auf Architekt Franz Wilhelm, den Mitarbeiter des Erbauers des Wiener Südbahnhofes Wilhelm Flattich zurückzuführen, in einer zweiten Phase auf die Architekten Alfred Wildhack und Robert v. Morpurgo. Die Forschungen der Verfasserin erschließen sowohl zu den bisher gänzlich unbearbeiteten Werken dieser Architekten, als auch zu ihren Biographien wichtige Erkenntnisse. Völlig neue, wichtige Ergebnisse brachte die Untersuchung hinsichtlich der Zusammenhänge der Hotelbauten am Semmering mit den großen Hotelanlagen der Südbahngesellschaft in Toblach (Dobiacco; von Wilhelm Flattich) und Abbazia (Opatija; von Alfred Wildhack u.a.) als Aktivitäten einer corporate identity der Bahngesellschaft. Diese Ergebnisse stellen die Südbahngesellschaft mit an die Weltspitze der berühmten Hotelaanlagen von Eisenbahngesellschaften, für die die Autorin zahlreiche Vergleichsbeispiele von Großbritannien bis in die USA anführt. Die Verfasserin erschließt damit den Bereich eines bisher erst in wenigen Ansätzen erforschten Gebiets der Architekturgeschichte. Sowohl vom Ambiente als auch von den gewählten Stileigenschaften der Bauten bestehen jedoch auch wichtige Bezüge der Hotelarchitektur des Semmering zu den Hotelbauten in der Schweiz. In einem großangelegten Überblick bindet die Autorin die Semmeringhotels in die kulturgeschichtliche Entwicklung der Region um die "Wiener Hausberge" in der zweiten Hälfte des 19. Jahrhunderts, insbesondere seit der Erbauung der Semmeringbahn, ein. Die Arbeit ist reich mit Außen- und Innenansichten der Objekte, historischen Ansichten, Plandokumenten und zahlreichen Vergleichsabbildungen ausgestattet.

Dem geplanten Band wird ein Einleitungskapitel des Antragstellers (Univ.-Prof.Dr. Mario Schwarz) vorangestellt, in welchem das Phänomen der Aesthetisierung der Landschaft im Zusammenhang mit der Anlage der Semmeringbahn neu untersucht wurde. Dabei werden vor allem jene Aspekte herausgearbeitet, die die geniale baukünstlerische Einbeziehung des Landschaftsmoments als Erlebnisfaktor aus der Bewegung der Bahnfahrt in das Gestaltungskonzept des Bahnbaues belegen. Die Entwicklung wird einerseits als Höhepunkt und Endpunkt jener Form der Landschaftsgestaltung dargestellt, die aus dem Ideenschatz des Englischen Landschaftsgartens der Romantik hervorgegangen ist, andererseits aber auch mit der um die Mitte des 19. Jahrhunderts in Wien an der Universität gelehrten Theorie der Aesthetik begründet.

The 1995 Fourth World Conference on Women (the "Beijing Conference") was a landmark in policy terms, setting a global policy framework to advance gender equality. Ten years after Beijing, in March 2005, the UN's Commission on the Status of Women presided over an intergovernmental meeting in New York to review the progress achieved on the commitments made in the Beijing Declaration and Platform for Action. This "Plus 10" event was decidedly low key. Its aim was not agenda setting but agenda confirming; not policy formulation, but policy affirmation. Whether it proves to be part of an ongoing worldwide movement in support of gender equality, or whether it marks the decline of that process, is a question that many in international women's movements are asking. This paper, drawing on research undertaken for the UNRISD report, Gender Equality: Striving for Justice in an Unequal World, reflects on the ambivalent record of progress achieved by women over the last decades and considers how the policy environment has changed over the period since the high point of the global women's movements. Drawing on a number of commonly employed indicators of "women's progress", the paper argues that the record of achievement regarding gender equality is more ambivalent, and the causal influences more diverse and less unidirectional than is sometimes assumed. It also argues that development policies have an important role to play in securing outcomes, and that the first phase of the structural reforms (dating from the early 1980s) was in many respects negative for women. In the ten years since the Beijing Conference there have been some significant shifts in international development policy along with a growing appreciation of the need to develop gender aware policies. By the end of the 1980s, "market fundamentalism" and shock therapy had lost much of their appeal, opening up a space for new ideas and approaches in development policy and practice. Growing discontent over the social effects of the reforms, as well as criticism from leading economists in the international financial institutions (IFIs) have brought about a policy shift, which is sometimes referred to as the "Post-Washington Consensus". The new policies have shown a willingness to give social and political concerns greater attention, expressed under indicative headings such as "social capital" and "good governance". Social policy and, in particular, poverty relief have moved up the scale of international priorities in the 1990s. But behind the apparent consensus forged by a shared vocabulary of "poverty" and "social protection", there are conflicting understandings of social policy based on different values, priorities, and understandings of state responsibility. There are serious concerns over whether sustainable routes out of poverty are being provided or can be provided in the absence of appropriate job creation measures and regional regeneration. Given women's greater share of responsibility for unpaid care work and their less advantageous access to cash and income-earning opportunities, the redefining of state responsibility and the greater role given to market forces is likely to impact adversely on their time and their access to social benefits. The retreat from market fundamentalism has seen a partial rehabilitation of the state as a significant actor in development, and emphasis has been placed on "good governance" through democracy, participation, decentralization and community ownership. A broad understanding of a "good governance" agenda would embrace political liberalization, participation, human rights, and address problems of social inequality as part of a fundamental commitment to democracy. Such an agenda would encompass the kinds of issues of state legitimacy, capacity and accountability that social movements and women's movements have confronted for decades. Although governance reforms can and should address issues of government legitimacy and the public participation of socially excluded groups, they have often been dominated by a much narrower preoccupation. Hence, while the recent donor attention to the question of "good governance" is to be welcomed, much depends on how it is interpreted. A great deal depends on whether the democratization of politics and the participation of marginalized social groups are seen as integral to reform objectives and are embraced in institutional change; and on whether reducing social and gender inequalities are among the core principles guiding the programme of state institutional transformation. There are aspects of the current international political climate that place limits on this occurring, namely the rise to political power of conservative forces in the US and elsewhere, and the attacks of 9/11. While the first has seen the adoption by the US of conservative policies with respect to women's reproductive and sexual rights, supported by religious forces, the latter has focused more attention and funding on "security" at the expense of development and human rights. The paper examines how this ensemble of changing international policy and political climate over the past decade has given rise to new issues and challenges for those active in global women's movements.

Ferdinand Ebner is next to Ludwig Wittgenstein the most important Austrian philosopher of language in the 20th century. In his main work Das Wort und die geistigen Realitäten. Pneumatologische Fragmente Ebner produces a new form of anthropology, which is based on a dialogic orientated understanding of human beings. Beside his philosophical works Ebner wrote many letters and diaries. One of the 14 existing diaries is the so-called "Mohlauer Tagebuch" from the 23rd of July to the 28 th of August 1920, which is kept on the "Brenner Archiv" in Innsbruck together with the philosophical texts and the letters. In this diary Ebner writes about his stay in Mühlau, a village near Innsbruck, where he was a guest of Ludwig von Ficker for one month and which was the beginning of a long friendship with the publisher of the Brenner. Ficker, who had already published some articles of Ebner in the Brenner, printed the Fragmente 1921, two years after Ebner wrote them. In this way Ficker became the publisher, promoter and friend of Ebner. According to some passages of the diary, Ebner experienced in Ficker a kind of acceptance and security, which he did not know before. This feeling of well-being is also a part of the deep impressions of nature, which Ebner got on many walks through the surrounding of Innsbruck. Although he was a thinker, who always emphasized the meaning of the word, these impressions showed him the limits of language. Ebner's basic opinions are presentated very clearly in his meetings with different members of the Brenner-circle and in the confrontation with the intellectual movements of the time. An example are his talks with Paul Bargehr about Buddhism, who was newly rediscovered in Europe in those days. Ebner understood the good will of Bargehr, but he cannot accept Buddhism as a solution for the big problems of the Europeans. In spite of Ebners turn to Christianity some years before the diary also shows the difficulties in the relation between Ebner and the Catholic church. Of special interest is Ebner's meeting with the painter Erich Lechleitner. In front of Lechleitner's pictures he has doubts about his radical pessimism concerning art and culture.


The text of the diary is followed by a commentary, which explains the biographical, literary, philosophical, historical, etc. connections of passages in the diary. The three essays following the commentary give an overview of Ebners biographical, philosophical and cultural background. Monika Seekircher's essay includes a short biography of Ebner and describes the most important personal relations in his life as well as his intellectual developement. Richard Hörmann tries to show the connections between the diary and the Fragmente, because many entries of the diary can only be understood on the basis of the main thoughts of the Fragmente. The topic of Walter Methlagl's essay is the local cultural context, in which the diary is embedded. Special attention is given to the intellectual movements within the Brenner-circle. The numerous photos depict persons, who are mentioned in the diary, places as they then looked and the pictures by painters named in the diary. - Ferdinand Ebner (1882-1931) ist neben Ludwig Wittgenstein der bedeutendste österreichische Sprachdenker des 20. Jahrhunderts. In seinem Hauptwerk Das Wort und die geistigen Realitäten. Pneumatologische Fragmente entwickelt Ebner eine neue Form von Anthropologie, die auf einem dialogisch geprägten Verständnis des Menschen basiert. Neben seinen philosophischen Schriften verfaßte Ebner aber auch unzählige Briefe und war zudem ein intensiver Tagebuchschreiber. Das sogenannte "Mühlauer Tagebuch" vom 23.7. bis 28.8.1920 ist eines von insgesamt 14 erhaltenen Tagebüchern Ebners, welche neben dem philosophischem Nachlaß und den Briefen am Brenner-Archiv aufbewahrt werden. In diesem Tagebuch schildert Ebner seinen einmonatigen Aufenthalt bei Ludwig von Ficker in Mühlau bei Innsbruck, der der Beginn einer jahrelangen Freundschaft ist. Ficker, der bereits einige Aufsätze Ebners in seiner Zeitschrift Der Brenner publiziert hat, läßt 1921 auch Ebners bereits 1919 fertiggestellte Fragmente im Brenner-Verlag erscheinen. So wird Ficker Ebners Verleger, Förderer und Freund. Aus mehreren Tagebucheintragungen geht hervor, daß Ebner bei Ficker eine Akzeptanz und Freundlichkeit erfährt, die ihm bisher fremd waren. Dieses für Ebner so seltene Gefühl des Wohlbefindens erfährt er auch bei seinen zahlreichen Spaziergängen mit Ficker, die zu intensiven Naturerlebnissen führen, sodaß Ebner, der die Bedeutung des Wortes immer wieder betont, auch Grenzen der sprachlichen Möglichkeiten wahrnimmt. Ebners geistige Einstellung tritt ganz klar und markant in der Begegnung mit verschiedenen Persönlichkeiten aus dem Brenner-Kreis und in der Auseinandersetzung mit den verschiedenen geistigen Strömungen zu dieser Zeit hervor. So wird er z.B. in der Person von Paul Bargehr mit dem Buddhismus konfrontiert, dem gegenüber er sich wenn auch nicht verständnislos so doch skeptisch äußert. Immer wieder zeigt sich auch seine Ablehnung der katholischen Amtskirche trotz seiner erst einige Jahre zuvor erfolgten Hinwendung zum Christenturn. Besonders interessant ist Ebners Begegnung mit dem Maler Erich Lechleitner. Angesichts seiner Bilder gerät er in einen Zwiespalt mit seinem eigenen rigorosen Kulturpessimismus.

Dem Tagebuchtext folgt ein Einzelstellenkommentar, in dem biographische, literarische, philosophische, historische u.a. Anspielungen geklärt werden. Die drei Aufsätze, die an den Einzelstellenkommentar anschließen, sind als Flächenkommentar zu verstehen, d.h. sie stellen eine breitere Form der Kommentierung dar, wobei der biographische, der philosophische und der kulturelle Hintergrund Ebners aufgezeigt wird. Monika Seekircher liefert eine etwas umfassendere Kurzbiographie Ebners, wobei neben Ebners Lebensdaten auch seine wichtigsten persönlichen Beziehungen und seine geistige Entwicklung kurz dargestellt werden. Richard Hörmann versucht in seinem Aufsatz, den Zusammenhang des Tagebuchs mit Ebners Fragmenten aufzuzeigen, da sehr viele Stellen des Tagebuchs nur vor dem Hintergrund der Fragmente richtig zu verstehen sind. Walter Methlagl bettet das Tagebuch in den lokalen kulturellen Kontext ein, wobei er insbesondere auf die geistigen Strömungen im Brenner-Kreis eingeht. Das umfangreiche Bildmaterial dient der Veranschaulichung und ermöglicht somit eine konkrete Vorstellung von den im Tagebuch erwähnten Personen, den Örtlichkeiten zu dieser Zeit und von den Bildern der im Tagebuch genannten Maler.

Vorwort -- 1. Die Bewerbung -- 1.1 Die Möglichkeiten der Bewerbung -- 1.2 Das Anbahnungsverhältnis -- 1.3 Die Vorstellungskosten -- 1.4 Einholung von Auskünften und Gutachten -- 1.5 Das Fragerecht des Arbeitgebers -- 1.5.1 Genereller Umfang und Grenzen -- 1.5.2 Einzelne Fragen im Personalfragebogen -- 2. Der Abschluß des Arbeitsvertrages -- 2.1 Das Zustandekommen des Arbeitsvertrages -- 2.2 Die Arten des Arbeitsvertrages -- 2.2.1 Der Arbeitsvertrag auf unbestimmte Zeit -- 2.2.2 Das Probearbeitsverhältnis -- 2.2.3 Das Leiharbeitsverhältnis -- 2.2.4 Der freie Mitarbeitervertrag -- 2.2.5 Das Aushilfsarbeitsverhältnis -- 2.2.6 Der Job-Sharing-Arbeitsvertrag -- 2.3 Der Inhalt des Arbeitsvertrages -- 2.3.1 Ihr Arbeitsbereich -- 2.3.2 Die Art der Arbeitsleistung -- 2.3.3 Die Quantität der Arbeitsleistung -- 2.3.4 Der Arbeitsort -- 3. Die Arbeitszeitregelung -- 3.1 Die allgemeinen gesetzlichen Bestimmungen -- 3.2 Die Regelungen für Frauen -- 3.3 Gleitende Arbeitszeit -- 3.4 Wegezeit -- 3.5 Überstunden -- 3.6 Teilzeitarbeit -- 3.7 Arbeit auf Abruf -- 4. Ihre Nebenpflichten als Sekretärin -- 4.1 Die allgemeine Treuepflicht -- 4.2 Anzeigepflichten -- 4.3 Unterlassen von schädigenden Verhaltensweisen -- 4.4 Die Verschwiegenheitspflicht -- 4.5 Das Datengeheimnis (§ 5 BDSG) -- 5. Die Nebenpflichten Ihres Arbeitgebers -- 5.1 Die Fürsorgepflicht -- 5.1.1 Allgemeines zur Fürsorgepflicht -- 5.1.2 Informationspflichten des Arbeitgebers -- 5.1.3 Umfang und Grenzen der Fürsorgepflicht -- 5.1.4 Fürsorgepflicht in Gesetzesform -- 5.1.5 Fürsorge für Ihr Leben und Ihre Gesundheit (§§ 618 BGB, § 62 HGB) -- 5.1.6 Fürsorge für eingebrachte Sachen -- 5.2 Der Grundsatz der Gleichbehandlung -- 5.2.1 Die rechtlichen Grundlagen -- 5.2.2 Auswirkungen auf die Betriebspraxis -- 6. Die Zahlung der Arbeitsvergütung -- 6.1 Die arbeitsrechtliche Bedeutung der Vergütung -- 6.2 Die generelle Höhe des Gehaltes -- 6.3 Das Gehalt bei einem Tätigkeitswechsel -- 6.4 Zulagen -- 6.5 Auszahlung des Arbeitsentgelts -- 6.6 Steuerrückforderungen -- 6.7 Vorschuß und Darlehen -- 6.8 Gehaltsabtretung und Gehaltspfändung -- 6.8.1 Gehaltsabtretung -- 6.8.2 Gehaltspfändung -- 7. Vergütungsfortzahlung im Fall der Arbeitsunfähigkeit -- 7.1 Arbeitsunfähigkeit und Krankheit -- 7.2 Die Grundlagen des Entgeltfortzahlungsanspruchs -- 7.2.1 Der Rechtsanspruch -- 7.2.2 Die Ursächlichkeit der Arbeitsunfähigkeit -- 7.2.3 Der Beginn der erstmaligen Zahlung -- 7.2.4 Kein Verschulden der Arbeitsunfähigkeit -- 7.2.5 Ihre Anzeige- und Nachweispflichten als Sekretärin -- 7.2.6 Das Leistungsverweigerungsrecht Ihres Arbeitgebers -- 7.2.7 Dauer und Ende der Gehaltsfortzahlung -- 7.2.8 Fortsetzungskrankheiten -- 7.2.9 Kur, Heilverfahren und Schonzeiten -- 7.2.10 Ihre Mitteilungspflicht als Sekretärin -- 7.2.11 Die Höhe des Fortzahlungsgehaltes -- 7.2.12 Der Übergang von Forderungen auf Ihren Arbeitgeber -- 8. Gehaltsfortzahlung bei kurzfristiger Arbeitsverhinderung -- 8.1 Der allgemeine Anspruch -- 8.2 Die persönliche Leistungsverhinderung -- 8.2.1 Begriffsklärung -- 8.2.2 Mögliche Beispiele -- 8.2.3 Der Sonderfall bei Erkrankung des eigenen Kindes -- 8.2.4 Keine Fälle der Gehaltsfortzahlung -- 8.2.5 Vorübergehende Leistungsverhinderung -- 8.2.6 Rechtsfolgen der Leistungsverhinderung -- 8.2.7 Ihre Mitteilungspflicht als Sekretärin -- 9. Ihr Anspruch auf Erholungsurlaub -- 9.1 Das Wesen des Urlaubsanspruchs -- 9.2 Rechtsgrundlagen -- 9.3 Voraussetzungen des Urlaubsanspruchs -- 9.3.1 Bestehendes Arbeitsverhältnis -- 9.3.2 Wartezeit -- 9.4 Teilurlaub -- 9.4.1 Begriffsklärung -- 9.4.2 Anspruch auf Teilurlaub -- 9.4.3 Bruchteile von Urlaubstagen -- 9.4.4 Bedeutung der Samstage -- 9.5 Das Rückforderungsverbot (§ 5 III BUrlG) -- 9.6 Die Festlegung des Urlaubszeitpunkts -- 9.6.1 Urlaubsleitsätze -- 9.6.2 Gesamturlaub -- 9.6.3 Übertragung des Urlaubs in das nächste Kalenderjahr -- 9.6.4 Kein Urlaub im Vorgriff -- 9.7 Urlaub beim Wechsel des Arbeitgebers -- 9.7.1 Bescheinigung nach § 6II BUrlg -- 9.7.2 Kein Urlaubsdoppelanspruch -- 9.8 Vereitelung des Urlaubs -- 9.8.1 Durch Arbeitsunfähigkeit -- 9.8.2 Kur und Schonzeiten -- 9.8.3 Andere Ereignisse im Urlaub -- 9.9 Widerruf des Urlaubs -- 9.10 Arbeitskampf während des Urlaubs -- 9.11 Keine Erwerbstätigkeit während des Urlaubs -- 9.12 Die Höhe des Urlaubsentgelts -- 9.13 Die Urlaubsabgeltung -- 10. Andere Arten von Urlaub -- 10.1 Unbezahlter Urlaub (= Sonderurlaub) -- 10.1.1 Begriffsklärung -- 10.1.2 Das Ermessen Ihres Arbeitgebers -- 10.1.3 Beispiele -- 10.1.4 Auswirkungen auf Sie -- 10.2 Bildungsurlaub -- 10.2.1 Begriffsklärung -- 10.2.2 Bundesländer mit Bildungsurlaub -- 10.3 Erziehungsurlaub -- 10.3.1 Anspruchsberechtigung -- 10.3.2 Probleme bei der Anspruchsberechtigung -- 10.3.3 Dauer des Erziehungsurlaubs -- 10.3.4 Die Inanspruchnahme des Erziehungsurlaubs -- 10.3.5 Erziehungsurlaub und Erholungsurlaub -- 10.3.6 Sonderkündigungsschutz -- 10.3.7 Ihre Kündigungsrechte als Sekretärin -- 11. Ihr Schutz als Schwerbehinderte -- 11.1 Geltungsbereich -- 11.1.1 Schwerbehinderte -- 11.1.2 Gleichgestellte -- 11.2 Beginn des Schutzes -- 11.3 Nachweis der Schwerbehinderung -- 11.3.1 Der Antrag beim zuständigen Versorgungsamt -- 11.3.2 Antragsberechtigte -- 11.3.3 Zeitpunkt der Anerkennung -- 11.4 Ihre Aufklärungspflicht als Schwerbehinderte -- 11.4.1 Ihre Auskunft bei der Einstellung auf Befragen hin -- 11.4.2 Ihre Auskunft bei der Einstellung ohne Befragen -- 11.4.3 Antragstellung als Sekretärin -- 11.5 Anspruch auf Zusatzurlaub -- 11.5.1 Dauer (§ 47 SchwbG) -- 11.5.2 Urlaubsgeld -- 11.5.3 Schicksal des Zusatzurlaubs -- 11.5.4 Ausdrückliche Geltendmachung -- 11.6 Förderungspflichten Ihres Arbeitgebers -- 11.6.1 Prüfung bei der Besetzung freier Stellen -- 11.6.2 Innerbetriebliche Förderung -- 11.7 Das Erlöschen des Schwerbehindertenschutzes -- 11.7.1 Grund des Erlöschens -- 11.7.2 Der Zeitpunkt des Erlöschens -- 11.7.3 Entzug der Schwerbehinderteneigenschaft -- 11.8 Der Sonderkündigungsschutz -- 11.8.1 Der Umfang des Kündigungsschutzes -- 11.8.2 Kenntnis des Arbeitgebers von Ihrer Schwerbehinderteneigenschaft -- 11.8.3 Das Verfahren bei der Hauptfürsorgestelle -- 11.8.4 Die Situation bei einer außerordentlichen Kündigung -- 11.8.5 Gleichstellung von Schwerbehinderten -- 12. Ihr besonderer Schutz als Mutter -- 12.1 Der Geltungsbereich des Mutterschutzgesetzes -- 12.2 Der mutterrechtliche Gesundheitsschutz -- 12.2.1 Arbeitsplatz und Arbeit (§ 2 MuSchG) -- 12.2.2 Keine Gefahr durch Bildschirmeinsatz -- 12.2.3 Generelle Beschäftigungsverbote -- 12.3 Die Gewährung von Stillzeiten -- 12.3.1 Tägliche Dauer -- 12.3.2 Rechtscharakter -- 12.3.3 Beweis der Stillzeiten -- 12.4 Verdienstsicherung außerhalb der Schutzfristen -- 12.4.1 Höhe des Verdienstes -- 12.4.2 Einfluß auf die Höhe des Verdienstes -- 12.4.3 Bestandteile des Gesamtverdienstes -- 12.4.4 Erhöhung des Verdienstes -- 12.5 Sonderkündigungsschutz -- 12.5.1 Dauer -- 12.5.2 Voraussetzungen -- 12.5.3 Kündigungsmöglichkeiten Ihres Arbeitgebers -- 13. Vertragspflichtverletzungen und ihre Folgen -- 13.1 Eine typische Stufenfolge -- 13.2 Grundlagen der Abmahnung -- 13.3 Anforderungen an eine Abmahnung -- 13.3.1 Berechtigter Grund für eine Abmahnung -- 13.3.2 Fakten statt Behauptungen -- 13.3.3 Notwendige Bestandteile der entscheidenden Aussage -- 13.3.4 Gründe für Abmahnungen -- 13.4 Zulässiger Verzicht des Arbeitgebers auf eine Abmahnung -- 13.5 Sinn und Zweck einer Abmahnung -- 13.6 Fristen im Zusammenhang mit Abmahnungen -- 13.6.1 Zeitabstand zum Fehlverhalten -- 13.6.2 Die Dauer der Geltung -- 13.6.3 Entfernung der Abmahnung aus der Personalakte -- 13.7 Mögliche Gegenmaßnahmen -- 13.8 Abmahnung und Kündigung -- 13.8.1 Keine Kündigung wegen eines Abmahnungsgrundes -- 13.8.2 Abstand zwischen Abmahnung und Kündigung -- 13.8.3 Kündigung nur bei gleichem oder ähnlichem Fehlverhalten -- 14. Ihre Haftung gegenüber dem Arbeitgeber -- 14.1 Grundlagen des Schadensersatzanspruchs -- 14.2 Die verschiedenen Grade des Verschuldens -- 14.2.1 Vorsatz -- 14.2.2 Grobe Fahrlässigkeit -- 14.2.3 Mittlere Fahrlässigkeit -- 14.2.4 Leichte Fahrlässigkeit -- 14.3 Die Problematik in der Praxis -- 14.4 Schadensersatzanspruch bei "gefahrgeneigter Arbeit" -- 14.4.1 Begriffsklärung -- 14.4.2 Begründung für die Haftungsbegrenzung -- 14.5 Arbeitsvertragsbruch durch Sie -- 14.5.1 Grund -- 14.5.2 Schadensersatzansprüche des Arbeitgebers -- 14.5.3 Zahlung einer Vertragsstrafe -- 14.6 Die Beweislast des Arbeitgebers -- 14.6.1 Der Umfang der Beweislast -- 14.6.2 Erleichterung der Beweislast -- 14.6.3 Festlegung der Schadenshöhe -- 14.7 Weitere Einzelfälle Ihrer Haftung -- 14.7.1 Die Situation nach einem Diebstahl -- 14.7.2 Abschleppkosten für Ihren PKW -- 14.7.3 Transport nach Hause bei Alkoholmißbrauch -- 14.7.4 Erhöhung des Versicherungsbeitrags -- 14.8 Verletzung eines Kollegen -- 14.8.1 Ursache: ein Arbeitsunfall -- 14.8.2 Ursache: ein anderer Unfall -- 15. Beendigung des Arbeitsverhältnisses im gegenseitigen Einvernehmen (Aufhebungsvertrag) -- 15.1 Der Grundsatz der Vertragsfreiheit (§§ 241, 305 BGB) -- 15.1.1 Das Recht der Vertragsparteien -- 15.1.2 Die Wirkung des Aufhebungsvertrages -- 15.2 Der Unterschied zur Kündigung -- 15.2.1 Keine einseitige Vertragsbeendigung -- 15.2.2 Der Wegfall der Kündigungsschutzrechte -- 15.3 Die Form des Aufhebungsvertrages -- 15.3.1 Grundsätzlich keine Formvorschrift -- 15.3.2 Ausnahme -- 15.4 Ihre Vorteile als Sekretärin -- 15.5 Die Anfechtung des Aufhebungsvertrages -- 15.5.1 Kaum Prozeßchancen -- 15.5.2 Gründe für eine erfolgreiche Anfechtung -- 15.5.3 Keine Gründe für eine Anfechtung -- 16. Besondere Gründe für die Beendigung Ihres Arbeitsverhältnisses -- 16.1 Pensionierung -- 16.1.1 Die grundsätzliche Folge -- 16.1.2 Generelle Beendigung des Arbeitsverhältnisses -- 16.1.3 Beendigung im Einzelfall -- 16.2 Beendigung des Arbeitsverhältnisses im Todesfall .