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EDUCATION EXPERT BLOG: EDUCATION LAW AND SCHOOL LIABILITY ISSUES

Campus Sexual Assault, College campus safety, College Sexual Violence, Education Expert, Harassment/Bullying, Personal Injury, School Gun Violence, School liability, School Safety & Security, School Violence, Sexual Abuse, Standard of Professional Care, Student safety
July 18, 2023

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...

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Campus Sexual Assault, College Sexual Violence, Discriminatory Harassment, Education Expert, Harassment, Harassment/Bullying, Hazing, Personal Injury, School Negligence Lawsuit, School Safety & Security, Sexual Abuse, Sexual Harassment, Standard of Professional Care, Student Rights, Title IX
April 6, 2022

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...

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504 accomodation, 504 plan, Bullying, Campus Sexual Assault, Child/Student Supervision, Critical Health Condition, Disability Harassment, Education Expert, Harassment/Bullying, Injury of Special Education Students, Personal Injury, Private Schools, Restraint and Seclusion at Schools, Sexual Abuse, Sexual Abuse in Private Schools, Special Education, Standard of Professional Care, Student Rights, Wrongful Death
February 24, 2022

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...

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Bullying, Campus Sexual Assault, Disability Harassment, Discriminatory Harassment, Education Expert, Employment Discrimination, Harassment, Harassment/Bullying, Hazing, Racial Harassment, Restraint and Seclusion at Schools, School Liability Section 1983, School Management, School Police Violence, Sexual Abuse, Sexual Harassment, Special Education, Standard of Professional Care, Student Rights, Title IX, Title VII, Uncategorized
January 30, 2020

Educating students is not the only responsibility of school districts. Federal and state laws require schools to be proactive about protecting the civil rights of their students and to foster a positive learning environment free from discriminatory harassment. Several federal laws — Title VI of the Civil Rights Act of...

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Bullying, Child/Student Supervision, Education Expert, Harassment, Harassment/Bullying, Hazing, Personal Injury, School Negligence Lawsuit, Student Rights, Uncategorized
October 31, 2018

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,...

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Campus Sexual Assault, Child/Student Supervision, Education Expert, Governmental Immunity, Harassment, Harassment/Bullying, Injury of Special Education Students, Personal Injury, School Gun Violence, School Negligence Lawsuit, School Police Violence, School Safety & Security, School Violence, Standard of Professional Care, Student Rights, Uncategorized, Wrongful Death
September 12, 2018

Parents send their children to school expecting that their kids will be safe.  The parents trust that the school’s staff will act in their place and look out for their children’s welfare in the same way they would.  The presence of security guards, school police, or resource officers at the...

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Bullying, Campus Sexual Assault, Child/Student Supervision, Education Expert, Governmental Immunity, Harassment, Harassment/Bullying, Hazing, Personal Injury, Private Schools, School Gun Violence, School Negligence Lawsuit, School Police Violence, School Safety & Security, School Violence, Standard of Professional Care, Student Rights, Uncategorized, Wrongful Death
May 1, 2018

A school has a responsibility to protect students from harm.  Will arming teachers or placing armed security guards and police in the building make our schools safer and prevent school shootings? There is a great deal of debate as to whether more or different forms of attention to school safety...

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Bullying, Campus Sexual Assault, College Sexual Violence, Education Expert, Harassment, Harassment/Bullying, Personal Injury, Private Schools, School Management, School Negligence Lawsuit, School Premises Liability, School Violence, Sexual Abuse, Sexual Abuse in Private Schools, Sexual Harassment, Standard of Professional Care, Student Rights, Title IX
October 11, 2017

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...

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504 accomodation, 504 plan, Bullying, Campus Sexual Assault, Child Custody/School Review, Child/Student Supervision, College Sexual Violence, Critical Health Condition, Daycare Negligence, Education Expert, Employment Discrimination, Governmental Immunity, Harassment, Harassment/Bullying, Hazing, Injury of Special Education Students, Personal Injury, Private Schools, Restraint and Seclusion at Schools, School Gun Violence, School Liability Section 1983, School Management, School Negligence Lawsuit, School Police Violence, School Premises Liability, School Safety & Security, School Sports Injury, School Transportation Injury, School Violence, Sexual Abuse, Sexual Harassment, Special Education, Standard of Professional Care, Student Rights, Teacher Employment Discrimination, Title IX, Title VII, Uncategorized, Wrongful Death
July 25, 2017

Parents are responsible for the protection and care of their children, and there may be legal consequences if a parent negligently fails to take reasonable steps to protect his or her child from harm. As with parents, entities and agencies charged with the care and supervision of children are responsible...

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Bullying, Child/Student Supervision, Harassment, Harassment/Bullying, Personal Injury, School Negligence Lawsuit, Standard of Professional Care, Title IX
January 10, 2017

Schools, including K-12 schools, colleges, and universities, have a responsibility to protect their students from harm. Harm includes the inability to benefit fully from education as a result of being in a hostile school environment. The politically motivated rhetoric and actions seen in schools during and after the presidential campaign...

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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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