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EDUCATION EXPERT BLOG: EDUCATION LAW AND SCHOOL LIABILITY ISSUES

Education Expert, Governmental Immunity, Harassment, Harassment/Bullying, Hazing, Personal Injury, Private Schools, School Negligence Lawsuit, School Premises Liability, School Safety & Security, School Sports Injury, Sexual Harassment, Standard of Professional Care, Student Rights, Title IX, Wrongful Death
March 17, 2016

Nationwide, 7.6 million students participate in interscholastic athletics, according to U.S. News and World Report. Keeping them safe is critically important to avoid school liability and sports injury lawsuits. And when sports injury occurs, schools may be found responsible if they failed to take reasonable precautions and supervision of students...

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Campus Sexual Assault, Harassment, Sexual Abuse, Sexual Harassment, Student Rights, Title IX, Uncategorized
February 17, 2016

As difficult as it might be to accept and understand, abuse of children is occurring at an alarming rate in our nation’s schools, daycare centers, camps, and other institutions. Even with state laws that require child abuse reporting and institutional policies that address sexual abuse prevention, identification, and reporting, abuse...

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Bullying, Child/Student Supervision, Daycare Negligence, Education Expert, Harassment/Bullying, Hazing, Injury of Special Education Students, Personal Injury, School Liability Section 1983, School Negligence Lawsuit, School Premises Liability, School Safety & Security, School Sports Injury, School Transportation Injury, Sexual Abuse, Sexual Harassment, Special Education, Standard of Professional Care, Student Rights, Title IX, Wrongful Death
November 24, 2015

Risk of personal injury to children is reduced when activities, facilities, equipment, personnel, and supervision are brought into compliance with “standards.” There are several sources of standards. Some standards are mandated by law through statutes. Additional standards are set forth by oversight authorities, such as the American Academy of Pediatrics,...

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Child/Student Supervision, Daycare Negligence, Education Expert, Governmental Immunity, Harassment, Harassment/Bullying, Hazing, Injury of Special Education Students, Personal Injury, Private Schools, Restraint and Seclusion at Schools, School Liability Section 1983, School Negligence Lawsuit, School Police Violence, School Premises Liability, School Safety & Security, School Transportation Injury, School Violence, Sexual Abuse, Sexual Harassment, Special Education, Student Rights, Wrongful Death
September 16, 2015

In my profession as an education administration and student supervision expert, I have observed that residential schools and boarding schools present a higher duty than day schools to supervise children and a greater opportunity for the school to be found liable for child abuse and injury. When children are living...

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Child/Student Supervision, Daycare Negligence, Personal Injury, Sexual Abuse, Sexual Harassment, Wrongful Death
June 25, 2015

In settings where children are supervised by adults, we often think about traditional settings, such as schools and summer camps. But these are not the only places where children participate in activities that require adult supervision and which can result in child injury cases. Some nontraditional settings include resort and...

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Education Expert, Employment Discrimination, Harassment, Private Schools, School Management, Sexual Harassment, Teacher Employment Discrimination, Title VII, Uncategorized
January 22, 2015

Employment decisions in public and private schools should be based on qualifications, performance, merit, and seniority, rather than race, national origin, gender, religion, age, or disability. Teachers and other school personnel can sue for employment discrimination if they are wrongfully dismissed or demoted, if they were prevented from initially obtaining...

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Child/Student Supervision, Personal Injury, School Liability Section 1983, Sexual Abuse, Sexual Harassment, Student Rights, Title IX
December 18, 2014

When child abuse is alleged to have taken place in a school, daycare facility, preschool program, summer camp, or other entity responsible for the supervision and safety of children, there is always the possibility that the entity may be liable if negligence can be established. Schools and other entities with...

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Bullying, Child/Student Supervision, Education Expert, Harassment, Harassment/Bullying, Hazing, Personal Injury, School Liability Section 1983, School Sports Injury, Sexual Abuse, Sexual Harassment, Student Rights, Title IX
November 18, 2014

School coaches have a duty to protect athletes from harm, including emotional or physical harm that may result from locker room hazing. High school hazing in athletics has many beginnings — the most prominent being an attitude of superiority among senior athletes and the belief that a weaker or younger...

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Bullying, Campus Sexual Assault, Child/Student Supervision, College Sexual Violence, Daycare Negligence, Education Expert, Governmental Immunity, Harassment, Harassment/Bullying, Personal Injury, Private Schools, School Liability Section 1983, School Management, School Negligence Lawsuit, School Safety & Security, School Sports Injury, School Transportation Injury, School Violence, Sexual Abuse, Sexual Harassment, Special Education, Student Rights, Title IX, Wrongful Death
October 23, 2014

When a student personal injury in a public school triggers litigation, plaintiff and defendant attorneys must address the concept of governmental immunity. In general, governmental immunity shields public schools from tort litigation and liability. Governmental immunity is not universally applicable, however, depending on how the facts of a specific case...

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Campus Sexual Assault, College Sexual Violence, Harassment, Personal Injury, School Negligence Lawsuit, School Violence, Sexual Abuse, Sexual Harassment, Student Rights, Title IX, Uncategorized
August 14, 2014

In 2011, the U.S. Department of Education Office for Civil Rights (OCR) issued a “Dear Colleague” letter to college and university administrators about implementation of Title IX of the Education Amendments of 1972 in regards to campus sexual assault cases. Title IX prohibits discrimination on the basis of sex in...

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Bullying, Education Expert, Harassment, Harassment/Bullying, Sexual Abuse, Sexual Harassment, Student Rights
July 10, 2014

Harassment in schools can occur when a student is discriminated against on the basis of national origin, race, religion, disability, sexual orientation, gender, or other identifiable class. A school district may be found liable for harassment if there is no strong, widely disseminated, and consistently enforced policy prohibiting it and...

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