December 15, 2017

Why Schools Lose Lawsuits Over Bullying
An Education Expert Weighs In on Student Injury, Negligence and School Liability
What Schools Can Learn From the Verdicts of Jerry Sandusky and Philadelphia Monsignor William Lynn
Sexual Abuse in School: Is the Situation What It Seems?

Latest News from the Blog

Professional Standard of Care in Past Cases of Child Sexual Abuse in Public and Private Schools

Standard of care is a general expression of what constitutes care in professions such as medicine, nursing, education, or child care administration. In schools and other agencies responsible for the care and supervision of children, the professional standard of care is the ethical or legal responsibility of a professional to exercise the level of care, diligence, and skill that other professionals in the same discipline would apply in the same or similar circumstances. This, coupled with statutory requirements and case law, defines the care that an educational professional is responsible for providing to children which includes protection from child sexual abuse. In the field of education administration and supervision, as in most professions, the standard of care changes over time. The standard regarding what constitutes sexual harassment and child sexual abuse has evolved over … [Read More...]

Private School Sexual Abuse and Harassment: Professional Standard of Care

Title IX, the law that prohibits discrimination on the basis of gender in public education programs, is also relevant in application of professional standards within the context of private school sexual abuse and harassment and their response to alleged incidents.  Every school that accepts federal funding for any program or service it provides must adhere to Title IX. Most public schools, including charter schools and specialized education service commissions, accept federal assistance and, therefore, must comply with Title IX. Compliance requirements include, among other things, the development of policies prohibiting sexual harassment and assault, prompt and thorough investigation of complaints, training of staff, and the assignment of a person who oversees implementation of the law. Whether in a public school, residential program, or private school, Title IX standards capture and … [Read More...]