Expert witnesses are often pivotal in helping plaintiff and defendant attorneys present compelling evidence or effectively rebut the opposition’s claims during liability cases brought against schools and other child—and youth-oriented agencies. Courts rely on experts to decode complex child education, supervision, and safety information. Therefore, expert witness qualifications and testimony... The post Must an Expert Witness Have Knowledge Above That of a Lay Witness? appeared first on Expert Witness – Sexual abuse, tort liability, negligent supervision, sexual harassment, child injury & ..read more

Expert witness testimony admissibility disputes in court are an inherent possibility. Rule 702 is the base standard for testimony scrutiny, so plaintiff and defendant attorneys should clearly understand its criteria and nuances to suitably apply it to build their case, counter the opposition, or challenge incorrect applications of the rule.... The post Navigating the Federal Rule of Evidence 702: For Expert Testimony Admissibility in Education-Related Litigation appeared first on Expert Witness – Sexual abuse, tort liability, negligent supervision, sexual harassment, child injury & child a ..read more

Many attorneys acknowledge the importance of expert witness testimonies in shaping litigation outcomes. Still, the quality of the chosen expert and testimony methodologies will significantly influence admissibility processes during deposition and trial. Since state courts usually have their preferred standard for testimony scrutiny, exercise their legal discretions, and apply their... The post Frye Standard vs. Daubert Standard: What Are the Differences? appeared first on Expert Witness – Sexual abuse, tort liability, negligent supervision, sexual harassment, child injury & child abuse ..read more

When handling lawsuits brought against schools and other child- and youth-oriented organizations on grounds of negligence, discrimination, bullying, abuse, student injury, disability matters, and other student or employee rights violations, plaintiff and defendant attorneys should prioritize enlisting expert witnesses whose qualifications and testimony can withstand the scrutiny of the opposing... The post How the Daubert Standard Impacts Expert Witness Testimony appeared first on Expert Witness – Sexual abuse, tort liability, negligent supervision, sexual harassment, child injury & child ..read more

  All colleges and universities owe some level of care and have a duty to keep students reasonably safe while attending school and residing on campus. Colleges and universities have to plan and take proactive initiatives to minimize the incidence of violent crimes and student injury and harm resulting from college campus safety and security-related issues. This includes properly reporting and being fully transparent about the types of crimes that occur on campus, tracking who is being impacted, and taking action reasonably calculated to address and minimize the likelihood of incidents th ..read more

  In the field of education administration and student supervision, the current professional standard of care related to prevention, detection, investigation, and remediation of child sexual abuse and harassment is the result of a cumulative progression of events and cultural changes over several decades. This includes standards for maintaining appropriate policies, procedures, and training, as well as a duty to prevent and appropriately respond to a foreseeable risk of harm by reporting to authorities and independently investigating and taking action. Today there are numerous research-ba ..read more

Schools have a duty to protect students, faculty, and staff from harm arising from acts of violence, such as school shootings, when the harm is reasonably foreseeable. However, schools are not built like fortresses, nor should they be. It is not the latest security technology, metal detectors, or an indoor active-shooter detection system that are critical for providing the safest environment possible in a school setting. Rather, it is the culture and climate that exist in the school; the policies, procedures, and protocols in place for maintaining a safe environment; and, most importantly, the ..read more

Part 1 of this series provided a general overview of the Title IX Amendments of 2020 (the new Title IX rule or the Final Rule), how they differ from previous amendments, a definition of sexual harassment, the role of the Title IX coordinator, and who should report allegations of sexual harassment to the school. In Part 2, we will review the Title IX complaint process once a report of sexual harassment occurs, how a Title IX complaint is filed, how a Title IX investigation is implemented, and how a school must respond to allegations of sexual harassment.  Examples of where the Title IX com ..read more

Public K-12 school districts, colleges, universities, and other educational institutions receiving public funds must operate their education programs and activities in a nondiscriminatory manner, free from discrimination based on sex, sexual orientation, and gender identity (Office for Civil Rights [OCR], 2021b). Since the new Title IX rule, known as the Final Rule, went into effect on August 14, 2020, there has been some confusion among educational institutions on what the changes mean for them, how it impacts allegations of sex discrimination, and what school districts can do to minimize th ..read more

Children with disabilities in residential and therapeutic facilities are among those who are most vulnerable to abuse and other forms of harm. Protecting the safety of children and the facilities where they reside from costly litigation is achievable through proper policies, training, supervision of staff and students, and continued proactive efforts to reduce risks. In risk research, it is generally accepted that the greater the number of risks, the greater the likelihood of negative outcomes. If not proactively identified and mitigated, these risks can increase the likelihood of negative out ..read more