The Clery Act Standards: Managing College Campus Safety and Security 
Education Management Consulting
by Dr. John F. Doherty
9M ago
  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
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Revival of School Past Childhood Sexual Abuse Cases and Statute of Limitations
Education Management Consulting
by Dr. John F. Doherty
11M ago
  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
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Duty and Standard of Care for Prevention of School Shootings 
Education Management Consulting
by Dr. John F. Doherty
1y ago
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
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The New Title IX Rule on Addressing Sex Discrimination in K–12 and Postsecondary Schools — Part 2: Title IX Complaint Process
Education Management Consulting
by Dr. John F. Doherty
1y ago
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
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The New Title IX Rule and its Implications for Addressing Sex Discrimination in K-12 and Postsecondary Schools: Part 1
Education Management Consulting
by Dr. John F. Doherty
1y ago
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
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Abuse of Children With Disabilities in Residential Facilities
Education Management Consulting
by Dr. Edward F. Dragan
1y ago
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
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Police Violence and Racial Discrimination in Public Schools
Education Management Consulting
by Dr. Edward F. Dragan
1y ago
Removing police from schools has been part of the Black Lives Matter movement for years. Research shows that schools with a police presence are more likely to refer children to law enforcement, even for non-serious behaviors. According to the Education Week Research Center, black students in most states are more likely to be arrested than other students while at school. Instances of police violence in schools and black students as young as six years old being shot, handcuffed, or improperly restrained while crying that they “can’t breathe” are not uncommon and pose serious and costly liability ..read more
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School Sexual Abuse: Liability Involving Boarding Schools
Education Management Consulting
by Dr. Edward F. Dragan
1y ago
In addition to providing academic and/or therapeutic services, boarding schools and other residential programs have a higher level of responsibility for the safety and security of the children residing at the school. Physical and school sexual abuse of students in educational institutions has been a recognized and foreseeable risk and something that all schools, including boarding and prep schools, need to proactively guard against. Boarding schools are responsible for the supervision of students in dorms and outside of the classroom to prevent school sexual abuse. They act in loco parentis ..read more
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Child-on-Child Sexual Abuse or Normal Sexual Behavior Between Young Children?
Education Management Consulting
by Dr. Edward F. Dragan
1y ago
Sexual behaviors in young children can range from exploratory and normal to abusive and violent. Under federal law, Title IX of the Education Amendments of 1972, schools have an obligation to protect children from inappropriate sexual behavior, including child-on-child sexual abuse. This obligation can be complicated when the allegation involves five- and six-year-old children, for whom touching body parts and viewing private areas may be considered normal sexual behavior. The issue faced by school administrators and attorneys who litigate claims of child-on-child sexual abuse involving young ..read more
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School Liability Expert: Is It Bullying or Conflict?
Education Management Consulting
by Dr. Edward F. Dragan
1y ago
Schools, including public, private, and charter K-12 schools, and colleges and universities, have a responsibility to protect students from physical and emotional harm. Harm that creates a climate of fear can interfere with a student’s education, leading to a range of outcomes from failing courses to, in the worst case, suicide. Properly identifying, investigating, and handling school bullying, harassment, and intimidation claims can help school administrators protect children and avoid costly litigation. However, not every action committed at school rises to the level of school bullying. Stud ..read more
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