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Sexual Abuse / Molestation / Harassment Consultants

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Alan J. Waldman, MD
703 N. Main St.
Ste. B
Gainesville FL 32601
USA
phone: 352-377-3771
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Alan J. Waldman, MD, has practiced Forensic Neuropsychiatry and Forensic Psychiatry for over 20 years. He specializes in the evaluation of head injuries, dementia, any type of post accident cerebral neuropathy, and any neuropsychiatric / psychiatric disorder.

The learning and honing of Dr. Waldman's skills progressed through his stint as full time faculty at the University of Florida, his subsequent private practice, the neuropsychiatric consultant to a head injury rehabilitation and residential facility, and the medical directorship of a 217 bed State of Florida forensic psychiatric institution. While at the institution, he did consultations on the head injured patients and those suspected of malingering.

Litigation Support - Dr. Waldman has evaluated over 400 respondents or potential respondents, for the state and defense in Florida's post incarceration sex offender program. He has testified in approximately 50 hearings and trials (again for both sides) and has been qualified as an expert in the prediction of sex offender recidivism risk. He has a great deal of experience in the detection of Embellishment and Malingering.

Dr. Waldman has been qualified as an expert witness in circuit, county, and federal courts through out Florida. He was retained by the Office of the Attorney General of Texas in Austin for a case involving questions of malingering by a death row inmate whose case was remanded back to the Federal District Court in Austin by the U.S. Supreme Court. Dr. Waldman has testified in courts in California, Illinois, New Jersey, Ohio, Maryland, New Hampshire, and Texas.

Areas of Expertise:
  • Sexually Violent Predator Evaluations
  • Brain Injury
  • Criminology
  • Competence to Proceed (Stand Trial)
  • Forensic Psychiatry
  • Forensic Psychology
  • IMEs
  • Malingering
  • Embellishment
  • Neurophysiology
  • Neuropsychiatry
  • Neuropsychology
  • Neuropsychopharmacology
  • Impaired Driver
  • Post Traumatic Stress Disorder
  • Sanity / Trial Competency
  • Sexual Abuse
  • Cognitive Impairments
  • Sexual Harassment / Discrimination
  • Spousal Abuse
  • Stalking
  • Suicide
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    John F. Steinfirst, LCSW
    70 Parker Avenue
    San Francisco CA 94118
    USA
    phone: 415-753-9441 (Office), 510-773-9485 (Cell)
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    The Steinfirst Group was established to strengthen, primarily, non-profits. Principal, John F. Steinfirst, LCSW, has over 40 years of experience in Clinical Social Work, Supervision, Program Development, and Management, and as CEO for 20 years of a $30 million mental health, child welfare, social services agency.

    Mr. Steinfirst is responsible for transforming the Fred Finch Youth Center from a traditional residential treatment center to a multifaceted, modern organization based on wraparound and other innovative and best practice principles. Under his leadership, services to youth and families throughout California expanded dramatically and the annual budget grew from $2 to $30 million.

    He and his team developed and implemented one of the most comprehensive affordable housing, mental health, and vocational training programs for Transitional Age Youth as well as one of the first residential and day treatment programs for developmentally disabled consumers with mental health problems. Activities also included spearheading significant policy changes that improved services to California youth and families.

    As Interim CEO at multiple agencies he has rescued agency from bankruptcy and secured CEO, transformed failing agency through new contracts, and improved staff morale.

    As a licensed psychotherapist, clinical supervisor, and executive coach, consulting services include:
    • Executive Coaching
    • Organizational Reviews
    • Board Development
    • Interim CEO Duties
    • Strategic Planning
  • Budgetary and Fiscal Consultation
  • Clinical and Program Supervision
  • Fund Development
  • Mental Health Training
  • State Laws and Regulations
  • View John Steinfirst's Expert Witness Profile.
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    Dr. Stephen M. Raffle
    Principal
    35 Wolfe Grade
    Kentfield (San Francisco) CA
    USA
    phone: 415-461-4845
    fax: 415-461-4039
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    Stephen M. Raffle, M.D. is double Board-Certified, in Psychiatry and Forensic Psychiatry. Dr. Raffle has over 43 years as a clinical and forensic psychiatrist offering his expert opinion in Federal and State jurisdictions nationwide. In addition to serving as an expert witness, Dr. Raffle consults to attorneys, judges, insurers, and to employers regarding Fitness for Duty and Risk of Violence (Threat) Assessment:

  • 5000+ psychiatric assessments
  • Forensic testimony, 700 depositions and trial testimony
  • Successful clinical practice

    The job of an expert witness is to educate a jury, judge, attorney, trier of fact about the forensic psychiatrist's conclusions and how those opinions were derived, in a manner well-reasoned and skillful, easily understood by every person, not only another Forensic Psychiatrist. In short, an educator. Dr. Raffle’s experience as an educator extends well beyond a forensic venue, yet underpins the key to his ability to explain his opinions.

  • Prof. of Psychiatry, UCSF Medical School, 20 years
  • Hastings College of the Law postgraduate course "Trial and Appellate Advocacy" instructing seasoned attorneys about the direct and cross-examination of expert witnesses, with special focus on mental health experts and licensed medical professionals, Psychiatrists (MD), Psychologists, LCSW, MFT, and physicians in other medical specialties, 11 years

    Stephen M. Raffle, M.D. & Associates' expertise is well-established in forensic assessment in the areas of:

    • Post-Traumatic Stress Disorder (PTSD)
    • Dementia and Competency
    • Testamentary Capacity
    • Undue Influence
    • Traumatic Brain Injury
    • Malingering
    • Emotional Distress: Intentional & Unintentional infliction
    • Emotional Distress: Forensic Evaluation to render medical-legal opinion
    • Diagnosis and Need for Treatment
    • Fitness For Duty
    • Risk/Threat Workplace Violence Assessment
    • Wrongful Termination
    • Discrimination (ADA, Title VII, EEOC)
    • Harassment
    • Employment Litigation
    • Medical Malpractice
    • Catastrophic Injury
    • Temporary and Permanent Disability
    • Medical Records Review
    • Assist in Preparation for Direct and Cross-examination of Expert Witnesses and Deposition of expert witnesses
  • 35 Wolfe Grade
    Kentfield, CA 94904 (San Francisco Bay Area)
    (415) 461-4845
    Licensed in California.
    12/3/2014 · Psychiatry
    In order for a medical opinion to be admissible as evidence in civil, criminal and administrative cases, the basis of the opinion must fulfill either the Daubert Criteria or the Frye test, depending on the jurisdiction. The judge of the court rules on the admissibility of the expert opinion. The effect of Daubert has been to limit expert testimony to opinions which are based on a scientific foundation. Daubert specifies that adequate scientific support and method and a known error rate must exist. The testimony of a mental health expert rendering an opinion using criteria which does not meet Daubert standards is weakened by the implication that it is not based on "sound science." In some instances, for example, a mental health expert uses an approach where there are no peer-reviewed studies or methods, such as when psychologists compose their own neuropsychological test batteries. In most cases where an attorney is considering a "Daubert challenge," a contemporaneous and up-to-date literature search is indicated. Also, extensive case law presently exists as to specific issues. Being familiar with the Daubert criteria enhances effectiveness in challenging a mental health expert's opinion, whether on voir dire or cross examination. On direct examination, the strengths of an opinion reached under Daubert criteria become a "teaching moment" for the trier of fact, because it will be founded on the science of mental health assessment.

    10/27/2014 · Psychiatry
    Undue influence occurs when the testator's freewill and freedom of choice in the disposition of the assets of his or her estate is replaced by the substituted judgment/wishes of another. This can apply to creating a will, codicil to amend a will, trust or other legal instrument.

    2/11/2014 · Psychiatry
    The medical expert cannot express an opinion about the ultimate question to the trier of fact: how much is the plaintiff's emotional distress (emotional injury) worth in dollars? Yet when the question of these monetary damages is put to a jury, their deliberations are better-served if considered in the context of a Forensic Psychiatrist's knowledgeable findings and testimony.

    5/28/2009 · Human Factors
    All psychiatric reports evaluate something, but not always the same thing. For example, eligibility for benefits, or fitness to do a job. To make sense of the report, the reader must determine what is being evaluated and how it is being done

    5/28/2009 · Psychiatry
    In civil cases where emotional distress is alleged, it often occurs that the plaintiff’s attorney designates the treater as his expert. Usually the argument is that the plaintiff’s own therapist has spent many more hours with the plaintiff than the defense expert and therefore "knows" the plaintiff better. The treater often agrees with this reasoning

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    Jean L. Seawright, CMC
    President
    140 N. Park Avenue
    Suite 250
    Winter Park FL 32789
    USA
    phone: 407-645-2433
    fax: 407-645-3923
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    As a highly professional & credible Expert, Consultant, & Speaker, Jean Seawright has provided trusted advice & HR Consultation to thousands of organizations nationwide. As president of Seawright & Associates, a Human Resource Management-Consulting Firm, Ms. Seawright is widely respected for her knowledge of state & federal employment regulations including, but not limited to FLSA, ADA, FMLA, Title VII, & others.

    Since 1987, she has focused on engagements involving hiring, coaching, & terminating employees; regulatory compliance; charges of discrimination; performance management systems; internal investigations (including harassment); employee handbook development; compensation plan design; HR audits; hiring systems; job descriptions; & others.

    Ms. Seawright is a frequent speaker at state & national trade associations & is the author of numerous articles & publications in the field of human resources, including the popular book, The Employment Genie®, an exclusive hiring, coaching, & termination system for businesses.

    Areas of Expertise:
    • Negligent Hiring and Retention
    • Discrimination and EEO Compliance
    • HR Policies and Programs
    • FLSA and Wage and Hour Compliance
    • Harassment
    • Expert Witness Services for Employment Law Matters
    • ADA
    • FMLA
    • Hiring Procedures
    • Title VII
    • Employee Handbooks
    Ms. Seawright is available for case analysis, case theory evaluation, expert witness reports, depositions, analysis of other expert testimony, and trial testimony.
    Jean Seawright
    Now you can own a complete human resource department ‘in a box!’ Worried about hiring, coaching, and terminating employees legally and effectively? As a business owner, you know that one bad hire or poorly executed termination can bring your business to its knees. Finally, there’s a solution! With The Employment Genie® system, you can hire smart, reduce turnover, limit liability, and implement consistent employment practices!
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    Ray S. Kim, Ph.D.
    Clinical Psychologist
    2300 Barrington Road, Suite 400
    Hoffman Estates IL 60169
    USA
    phone: 847-309-7475
    fax: 847-984-9292
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    Ray S. Kim, Ph.D., is a Clinical Psychologist focused on providing individual, couples, and family therapy, as well as Forensic Evaluations for adults and juveniles.

    Areas of Consultation:
    • Depression
    • Anxiety Disorders
    • Child and Adolescent Issues
    • Relationship Problems
  • Substance Abuse
  • Psychological Evaluations
  • Sex Offender Evaluations
  • Violence Risk Assessments
  • Dr. Kim is currently the Director of Chicago Metropolitan Forensic Services at the Illinois Department of Human Services where he supervises a team of clinical psychologists and social workers who evaluate the placement of individuals into forensic facilities. He also serves as the Director of Clinical Training at Chicago Metropolitan Forensic Services where he developed and supervises a forensic practicum program which provides opportunities for specialized clinical training in the area of forensic psychology.

    Dr. Kim was one of the first psychologists trained by the Illinois Department of Human Services to evaluate sex offenders for sexual dangerousness under the Sexually Violent Persons Commitment Act. He is also among the first to be certified as a Licensed Sex Offender Evaluator and Licensed Sex Offender Treatment Provider in Illinois.

    Certifications - Licensed Clinical Psychologist, Board Certified Forensic Psychologist, Licensed Sex Offender Evaluator, Licensed Sex Offender Treatment Provider, Board Registered Mental Illness/Substance Abuse Provider, Fellow of the American College of Forensic Examiners Institute, Fellow of the American College of Advanced Practice Psychologists, Diplomate of the American Psychotherapy Association, Diplomate of the American Board of Psychological Specialties, National Register of Health Service Psychologists.

    View Dr. Kim's Expert Witness Profile.
    3/11/2015 · Psychology
    Forensic psychological evaluations have become a valuable resource for the criminal justice system by addressing important forensic questions. For instance, assessing risk for violence can help courts make appropriate decisions on issues such as sentencing, granting privileges, and community reintegration. If an individual is assessed to be a high risk for future violence, a judge has grounds to order a more restrictive setting compared to someone who is a lower risk for recidivism. By tailoring court decisions based on accurate psychological evaluations, the community is safer while the defendant's rights are also protected.

    Ray S. Kim, PhD
    When minors violate a criminal statute, they enter the juvenile justice system rather than the adult criminal system. Although differences exist, both court systems recognize the competency to stand trial law. Just like adults, it would be unfair for juveniles to proceed in the legal process if they were deemed incompetent to stand trial because they did not understand the court proceedings against them or could not adequately assist in their defense. The purpose of this book is to educate minors about the juvenile justice system and prepare them for their day in court.
    Ray S. Kim, PhD
    The correctional system has become the largest provider of mental health care in our society. Due to the prevalence of mental disabilities in the criminal justice system, many defendants are found Incompetent to Stand Trial. However, defendants do not usually understand what it means to be incompetent, let alone what to do about it. The purpose of this guidebook is to help defendants better understand why they were found incompetent, what they can do about it, and how to get the best possible outcomes.
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    Glen D. Skoler, PhD
    Clinical and Forensic Psychologist
    111 Presidential Boulevard
    Suite 237, East Lobby
    See Website for Other Practice Locations in PA, NJ & DC
    Bala Cynwyd PA 19004
    USA
    phone: 240-605-2988
    fax: 267-292-2649
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    Glen D. Skoler, PhD is a Clinical and Forensic Psychologist with over 25 years of experience. He is licensed to practice in Pennsylvania, New Jersey, Maryland, Virginia, and Washington D.C.

    Dr. Skoler's clinical psychology practice provides psychotherapy and psychological testing. Centered in Philadelphia and Bryn Mawr, Pennsylvania, as well as the Cherry Hill & Marlton areas of New Jersey, the practice offers individual counseling, therapy, testing and assessment for adults, teens and pre-teens, as well as couples counseling.

    Dr. Skoler's domestic relations practice accepts cases involving custody/visitation, domestic violence, post-traumatic stress, parental alienation, contested abuse allegations, and child abduction/retention in interstate cases or international cases under the Hague Child Abduction Convention.

    Dr. Skoler's forensic psychology practice provides court evaluations, testing and expert witness testimony in criminal, civil, juvenile court, military, immigration, employment, and domestic relations cases. State and Federal court cases are accepted from around the nation, particularly in the tri-state area of Pennsylvania, New Jersey and New York, as wells the tri-state area of Washington DC, Maryland, and Virginia. His services are offered equally to defense, prosecuting, county, family law, and civil litigation attorneys.

    Dr. Skoler served as a contributing author and expert panel member for the ABA's Benchbook on Psychiatric and Psychological Evidence and Testimony. He has given presentations to such entities as the American Bar Association, the Federal Judicial Center, the U.S. Secret Service, the NSA/CIA Psychology Staff, the U.S. Senate Chaplain, and the National Center for Missing and Exploited Children. He has been cited in or appeared on National Public Radio, CBS 48 Hours, The Huffington Post, the A&E Biography Channel, and The Washington Post.

    Psychotherapy
    • Individual Psychotherapy
    • Marital & Couples Counseling
    • Abuse, Trauma & Recovery
    • Women’s Issues
  • Mood & Anxiety Disorders
  • Personality Disorders
  • OCD, PTSD, ADD
  • Adults, Teens & Children
  • Psychological Testing
    • Diagnostic & Personality
    • Psychoeducational
    • IQ, LD, GT, ADD
  • Neuropsychological
  • Memory and Aging
  • Trauma / Post Traumatic Stress Disorder
  • Forensic Psychology Evaluation and Consulting
    • See Dr. Skoler's Expert Witness Profile
    View Glen Skoler's Expert Witness Profile.
    Forget Jon Snow. President Trump's race-baiting diatribe to purge the NFL of the black "sons of bitches" protesting civil rights injustices is compelling NFL Commissioner Roger Goodell to make a fateful decision.

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    Michael Perrotti
    PhD
    Three Pointe Drive Suite 303
    Brea CA 92821
    USA
    phone: 714-528-0100
    fax: 714-528-2575
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    Dr. Michael PerrottiDr. Michael J. Perrotti, Ph.D, a member of the National Academy of Neuropsychology, specializes in Clinical and Forensic Psychology. He has over 30 years of experience with consumers, courts, and counsel including civil, prosecution, defense counsel, family court and the US Government. Dr. Perrotti contributes to the profession as an Expert Witness for the State of California Department of Consumer Affairs, Enforcement Division, Board of Behavioral Science Examiners and is a government expert on disability for the Social Security Administration, Office of Hearings & Appeals as well as the US Department of Health & Human Services. Dr. Perrotti was an Assistant Professor of Psychiatry & Behavioral Science at the Keck School of Medicine, USC (2005-2006).

    Dr. Perrotti possesses specialized training and expertise in the area of Assessment of Sexual Deviation and Evaluation of Child Sexual Abuse Allegations. His training, experience and use of the Abel Assessment of Sexual Interest Computerized Test from the Abel Center in Atlanta, Georgia, enables him to add a state-of-the-art sophisticated tool for the evaluation of sexual offending.

    Dr. Perrotti was appointed a government expert for the Office of Hearings and Appeals for the Social Security Administration and the Department of Health and Human Services. He has been a Expert Consultant on T.V. shows such as CSI: Crime Scene Investigations, Numbers, and Vanished. Dr. Perrotti is a part of a cadre of psychologists who assisted the San Bernardino Juvenile Court with the establishment of risk factors and protocols for the evaluation of juvenile sex offenders. Dr. Perrotti is a member of the Orange County Sheriff's Reserve, Professional Services Division.

    Services Include:
  • Neuropsycholgical Assessment
  • Sanity / Competency to Stand Trial Assessment
  • Police Misconduct
  • Suggestibility Testing
  • Crime Scene Investigation in Report Formulation
  • Sexual Predator Determination
  • Effects of Psychotropic Medications on Confession
  • Expert Neuropsychologist in Sexual Assault Trial
  • Disability Determination for Social Security Office of Hearings & Appeals
  • Expert in Bonding Studies and False Confessions
  • PTSD (acute and complex) in General, Law Enforcement, and Iraq War Veterans
  • Panic Disorders and Phobias
  • Custody Evaluation
  • Severe Trauma in Children, Adolescents, and Adults
  • False Confessions
  • 8/8/2017 · Psychology
    Proper interviewing Protocols are critical to maximize information-gathering as well as accuracy of information in criminal and National Security investigations. Police procedures incorrectly assume that promoting physical close proximity with an interviewer (eg, Inbau, Reid, Buckley, & Jane, 2013) will induce subjects to become more forthcoming.

    8/16/2016 · Psychology
    Unlike in Alzheimer's Disease, neurofibrillary tangles in athletes with CTE tend to accumulate perivascularly within the superficial neocortical layers. It is interesting to note that TAU pathology in CTE is partially and extensively distributed, possible related to multi-directional mechanical force from physical trauma (McKee et al, 2009; Neuropath Exp Neurol 68, 709-35.) It is theorized that accumulation of hyperphosphor is related to a protein that is thought to result in development of CTE and associated neurobehavioral disturbances.

    6/21/2016 · Psychology
    Just this month, an article appeared in the Journal of Neuropsychology entitled "Early Onset Marijuana Use is Associated with Learning Inefficiencies." Young adults reporting early onset marijuana use have learning weaknesses, which accounted for the association between early onset marijuana use and delayed recall.

    1/19/2016 · Psychology
    The recent editors of Myers on Evidence of Interpersonal Violence (Myers 2016) notes that the most well-known of psychological instruments to assess suggestibility is the Gudjohnson Suggestibility Scales (GSS). The GSS is utilized by psychologists to evaluate whether defendant's confessions were voluntary. The author notes that it is doubtful that these instruments are sufficiently reliable for use in legal proceedings. It is noted that in Shanklin, 379 111 Dec 211 the trial judge did not err in subjecting the GSS to a Frye Henry.

    11/6/2015 · Psychology
    Does the availability of weapons lead to violence? Citizens certainly have a right to bear arms and defend themselves. However, what does the science say about this area?

    10/19/2015 · Neuropsychology
    The public understanding of TBI is so poor that it is officially referred to by the US National Center for Injury Prevention and Control as "the silent epidemic." In the acute phase, the usual radiological examinations are not sensitive to TBI and diffuse axonal injury (DAI). There is a significant amount of false negatives with CT scans administered in the ER.

    9/22/2015 · Neuropsychology
    The author recently had a chapter accepted for publication on Methodology for Conducting Bonding Studies in Child Custody Evaluations (CCE). This chapter was written in response to the requests of many psychologists over the years who wanted guidance in procedures for conducting bonding studies. Many psychologists conduct bonding studies with cursory observations of parent and child. There is no application of an objective scoring system or any methods that can be replicated by other CCE Evaluators. This is essential in science.

    8/20/2015 · Neuropsychology
    This week marked the enshrinement of Junior Seau in the NFL Hall of Fame. Junior was an outstanding linebacker for USC who went onto great accomplishments in the NFL. However, all was not well. The effects of domestic violence, substance abuse and gambling difficulties; as reported on ESPN's Outside the Lines, took the toll on Junior. He repeatedly complained to a friend who was a fellow player and suffered from headaches, how he too, suffered for years from headaches. ESPN noted that he was reported to have been diagnosed with chronic traumatic encephalopathy, a neuro-degenerative disease that can lead to dementia, memory loss and depression. Gina Seau reported that Junior's disease was associated with head-to-head collisions caused from 20 years of playing in the NFL. This scenario affected his ability to think logically.

    11/20/2013 · Psychology
    To determine if there are any changes in self-concept, locus of control and frequency of aggressive behaviors in juvenile offenders. As a function of receiving Direct Decision Therapy (DDT). Sub-objectives are whether DDT will effect positive change in self-concept, higher interval control and significantly fewer aggressive behaviors.

    7/17/2013 · Brain Injury
    Recently the examination of the brain of Junior Seau revealed the diagnosis of chronic traumatic encephalopathy, or CTE. The recent diagnosis of chronic traumatic encephalopathy (CTE) after examination of the brain of Junior Seau underlines the seriousness not only of repetitive brain trauma in professional sports and in military populations but also raises continuing serious questions about the management and prevention of CTE in athletic sports.

    6/26/2013 · Psychology
    Prosecutors and law enforcement are frequently confronted with situations wherein children have been traumatized and/or injured. These injuries have resulted in disabilities which affect the child’s ability to understand questions as well as express answers to questions.

    It is a matter of utmost importance that an even playing field be created in adversarial proceedings. What is conducive to this is use of forensic guidelines as standards by all experts involved in a case.

    4/18/2013 · Psychology
    There has been great voiced concern by practitioners and researchers over overcategorization and overgeneralization of individuals accused of sexual offending being lumped into one category of "sexual predators." Whereas there certainly is a need for protection of children from predators in our society, the pendulum has swung too far to the extreme.

    3/18/2013 · Psychology
    Recently the Oregon Supreme Court, in a unanimous decision, upended how eyewitness identification is to be used in criminal trials. The article in The New York Times (2012) indicated that misidentification is the country's leading cause of wrongful conviction.

    2/4/2013 · Psychology
    The issue of children's memory is contentious. Some individuals assert that if a child says something, therefore it must be true. However, the research shows that this certainly is not the case. Human memory is not an exact recording of an event(s).

    11/15/2012 · Psychology
    All too often one sees survivors of abuse all categorized under the rubric of posttraumatic stress disorder (PTSD). As Herman, in a paper on complex PTSD, notes (1992), PTSD formulation fails to capture the sequelae, acuity, and severity of prolonged, repeated trauma.

    11/15/2012 · Brain Injury
    Freeman et al. (2005) noted that it was in the mid-'80s when it was first noted that mild traumatic brain injury (MTBI) could result in serious and lasting consequences. Numerous studies with human and animal subjects have demonstrated the evidence of neurocognitive defects and delayed return to work in MTBI patients with postconcussive syndrome.

    10/4/2012 · Psychology
    The recent death by suicide of Junior Seau of the San Diego Chargers is only one of many suicides in the NFL. O.J. Murdock, a 25-year-old wide receiver for the Tennessee Titans, died from a self-inflicted gunshot wound.

    Recent cases have come to the fore concerning faulty eyewitness ID raising increasing and continuing concern about the error rate of eyewitness ID. This concern dates all the way back to Janet Reno, Attorney General, who appointed a committee of mentalhealth professionals and attorney to evaluate the area of eyewitness ID.

    6/21/2012 · Neuropsychology
    The United States is seeing more and more young men returning from Afghanistan and Iraq with horrendous results in terms of family integration, societal integration, and domestic violence. Some of these individuals, according to Cernak, are found on the battlefield dead with no marks whatsoever on them.

    The problem of false confession is alarming. Just after publication by Barry Scheck in his text on and his writings on DNA and establishment of the Innocence Project, he found 77 wrongful convictions and individuals wrongfully imprisoned in California.

    2/3/2012 · Psychology
    Police departments across the United States are routinely questioning young children concerning child sexual abuse allegations. Frequently the police are untrained in the correct techniques to utilize for investigating interview of the children.

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    Kim A. Hart
    PO Box 617
    Holland OH 43528
    USA
    phone: 419-868-6016
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    Kim Hart Child Abuse Expert PhotoKim A. Hart has been providing consulting and support services to defense teams during the investigative, pre-trial, trial, and appeals stages of Child Abuse and Sex Crime since 1987. Many of these child abuse and sex crime cases have been high-profile, and most cases resulted in successful outcomes for the clients. She and her team have been very successful with appellate work for those wrongfully convicted of child abuse.

    Ms. Hart has worked with various attorneys on cases in every state in the United States and has the experience and knowledge to determine what issues must be addressed as well as which strategies have proven successful and which have not.

    Author - Ms. Hart has authored several publication on topics within her field of expertise. Her most noted is the book entitled, Guilty Until Proven Innocent: A Manual for Surviving False Allegations of Child Abuse.

    Seminars and Presentations - Kim Hart has been the Executive Director of the non-profit National Child Abuse Defense & Resource Center for over two decades. Through this role, she has helped organize 15 international conferences dealing with the defense of child abuse and sex crimes including:
    • Sexual Abuse
    • Physical Abuse
  • Shaken Baby
  • Child Neglect
  • Media - An international advocate for the falsely accused, Ms. Hart has appeared on over 100 talk and radio shows including Oprah Winfrey, Anderson Cooper, Montell Williams, Donahue, and Kelly & Company. She has also participated in numerous newspaper and magazine interviews.

    If overnight delivery of documents is needed, please call for physical address. References available upon request.

    View Kim Hart's Expert Witness Profile.
    3/23/2015 · Child Welfare
    Isn't it interesting how the courts recognize taint in so many different contexts?1 We have an illegal search by the police and everything found during the illegal search becomes "fruit of the poisonous tree"-it is said to be tainted. The Houston Police Department's Crime Lab does not observe proper sterile procedures in handling DNA and the specimens are contaminated-they are said to be tainted. We have a lineup where the crime victim sees one White guy, three Hispanics, and two Blacks. The identification of the White guy is said to be tainted, the product of a suggestive or improper lineup.

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    Jennifer Johnson, DNP, APRN, AFN-BC, SANE-A, SANE-P
    PO Box 2607
    Mission KS 66201
    USA
    phone: 913-660-8491
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    Johnson Legal Nurse Consulting, LLC provides Sexual Assault Nurse Examiner (SANE) Forensic Training and Education courses. All SANE courses are taught by a SANE-A, SANE-P, and CFN staff member.

    Courses Offered:
    • Traditional SANE to Comprehensive Forensic Program- For Program Director/Coordinators looking to transition SANE program to a comprehensive forensic program providing medical forensic examinations to all patients that have sustained injury
    • Adult & Adolescent Sexual Assault Nurse Examiner Training (5 Day): 40 hour didactic program that prepares the attendee to complete a competent and comprehensive sexual assault medical evidentiary examination. The program provides content in all areas pertaining to the care adolescent and adult sexual assault victims. This program is consistent with the standards of practices as defined by the International Association of Forensic Nurses (IAFN)
    • Pediatric Sexual Assault Nurse Examiner Training (5 Day): 40-hour, didactic course designed to prepare experienced Adult/Adolescent Sexual Assault Forensic Examiners as Pediatric Sexual Assault Forensic Examiners following a prescribed clinical practicum. Topics include normal physical findings, medical conditions, trauma related findings, testifying, child physical abuse, mandatory reporting and more
    • Sexual Assault Refresher Course (1 Day): 8 hour didactic session focusing on the changes in the medical evidentiary examination. This session is geared for the nurse that has completed the sexual assault nurse examiner (SANE) training in the past but has not been clinically active. Session will focus on Evidence Based Practice, Scope and Standards of Forensic Nursing, new techniques in evidence collection and documentation
    Principal, Jennifer L. Johnson, DNP APRN, AFN-BC, SANE-A, SANE-P, is a Board Certified Nurse Practitioner, Advanced Forensic Nurse Certified Forensic Nurse, and Board Certified Sexual Assault Nurse Examiner for children, adolescents, and adults.

    Dr. Johnson has delivered numerous forensic presentations and seminars to medical societies throughout the country. She speaks on topics including Sexual Assault, Elder Abuse, and Drug Abuse.

    View Jennifer Johnson's Expert Witness Profile.
    4/3/2015 · Nursing
    Forensic nurses are faced with making an ethical decision when an unconscious patient presents with signs of sexual assault. If the patient is unable to consent, the nurses need to decide whether or not to perform a forensic exam. Hospitals have policies in place regarding consent for emergency care, but not all of them consider the collection of forensic evidence. The window of opportunity for forensic collection may disappear before contacts are made or proper consent is established. Ethical, legal, and policy considerations that complicate this scenario are discussed.

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    Dr. Jeffrey Alan Sugar, MD
    Assistant Professor of Clinical Psychiatry at USC
    312 E. Sycamore Avenue
    El Segundo CA 90245
    USA
    phone: 310-291-0886
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    Jeffrey SugarJeffrey A. Sugar, MD has been a practicing Psychiatrist for over 25 years. Board certified both in Child and General Psychiatry, Dr. Sugar is the Director of the Child and Adolescent Psychiatry Trauma Program at the University of Southern California, Keck School of Medicine in Los Angeles, CA. He is Attending Psychiatrist in both Child and Adolescent Psychiatry and Adult Psychiatry Outpatient Clinics at USC. He teaches child and general psychiatrists-in-training and medical students on topics ranging from Trauma, Adversity, and Dissociation to Psychotherapy theory and methods.

    Dr. Sugar was the founding director of the Hathaway Children’s Clinical Research Institute where he performed funded research on the effects of interpersonal child trauma. Dr. Sugar has presented at national and international meetings on child and adolescent Trauma and Dissociation.

    Consulting Services Include:
    • Effects of Trauma and Adversity on Child Development
    • Chronic Physical, Sexual or Emotional Abuse
    • Psychological Trauma in the Workplace
    • Date Rape / Internet Seduction
    • Post-Traumatic Loss, Grief and Depression
    • Psychological Effects of Injury to the Body or Brain
    • Post-Traumatic Stress Disorder (PTSD)
    Professional Organizations:
    • American Psychiatric Association
    • Southern California Psychiatric Society
    • American Academy of Child and Adolescent Psychiatry
  • Southern California Society of Child and Adolescent Psychiatry
  • International Society of Traumatic Stress Studies
  • American Society of Clinical Hypnosis
  • View Dr. Sugar's Expert Witness Profile.
    9/19/2013 · Psychiatry
    We examine the consumer-welfare implications of Google's project to scan a large proportion of the world's books into digital form and to make these works accessible to consumers through Google Book Search (GBS). In response to a class action alleging copyright infringement, Google has agreed to a settlement with the plaintiffs, which include the Authors Guild and the Association of American Publishers.

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    Jane K. McNaught, PhD
    Edinborough Corporate East Building
    3300 Edinborough Way, Suite 550
    Minneapolis MN 55435
    USA
    phone: 952-896-1772
    fax: 952-896-1743
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    Jane McNaught Forensic Psychologist Expert PhotoDr. Jane K. McNaught, PhD is a locally and nationally recognized Psychological Forensic Expert with an extensive background in Clinical Psychological issues. Dr. McNaught works with both adults and children. She specializes in the diagnosis and treatment of Post Traumatic Stress Disorder and Divorce related issues.

    Dr. McNaught has treated numerous adult and child victims of sexual and physical abuse. She has also consulted on cases for both the plaintiff and defense regarding the reliability of child and adult statements about sexual assault. She also consults on cases involving delayed reports of sexual assault as well as standard of care regarding interviewing alleged victims of sexual assault. Dr. McNaught also specializes in criminal cases where sexual assault is alleged as well as mental health issues that may impact sentencing. In the area of Family Law, Dr. McNaught has a long history of providing custody evaluations in high conflict cases that involve personaltiy disordered parents, allegations of physical and sexual abuse, allegations of Factitious Disorder of Self and Others, and cases involving Parental Alienation. Dr. McNaught also works with adults who are experiencing depression, anxiety, and going through life transitions. Throughout her career, she has also treated children who are experiencing behavioral, academic, and social difficulties.

    Clinical Areas of Expertise:
    • Post Traumatic Stress Disorder
    • Anxiety / Depression
    • Psychological Factors Involved in Chronic Pain
    • Anger Management
    • Attention Deficit / Hyperactivity Disorder
  • Parent Counseling Following Trauma
  • Divorce Adjustment Counseling
  • Sexually Abused Children
  • Parent Child Reunification Therapy
  • Parent Child Counseling
  • Dr. McNaught has presented her work at national conferences for psychologists, social workers, physicians, attorneys and judges. Her presentations and workshops have been requested by such organizations as the Criminal Justice Institute, International Symposium on Child Custody Evaluation, Trial Lawyers Association, and many others. Dr. McNaught was one of a few psychologists chosen to be an invited Expert on the Minnesota Supreme Court Task Force on Visitation. She has also been invited to participate in State and County Policy Making Boards related to sexual assault as well as divorce custody issues. She is highly regarded as a state and national expert in the areas of: Sexual Assault, Post Traumatic Stress Disorder, Parental Alienation, Factitious Disorder by Proxy, and Divorce related issues.

    10/23/2017 · Psychology
    Physical traumas such as a serious burn injury can be profoundly traumatic. Serious burns result in sudden unanticipated trauma related to the individual's exposure to a potentially life-threatening experience. One day the burn victim begins their day like any other, and by the end of the day the burn victim's life may be changed forever by the traumatic event experienced. A Forensic Psychological Expert utilizes well respected psychological tests to assess the emotional impact of such injuries. The psychological tests employed are statistically reliable and valid. The choice of valid and reliable psychological tests employed by a Forensic Psychologist are similar to tests used by a physician to diagnose diabetes or other medical disorders. Such tests offer norms that compare the individual in question to a large normative sample, in order to evaluate the burn victim's psychological functioning compared to that of the "normal" person.

    When divorce occurs in the family, an inevitable loss occurs in the lives of the parents as well as children. Positive adjustment to divorce comes when both of the parents as well as the children develop healthy coping methods to deal with the loss. This enables both parents and children to move forward with their new lives. Unfortunately, many parents who suffer from their own disturbed attachment history or mental health issues, are unable to put aside their anger and constructively cope with the loss. In such cases, parents often undermine the children's relationship with the other parent, in order to express their own unresolved parental anger and sadness about the divorce.

    6/15/2017 · Psychology
    Formerly this disorder has been referred to as Munchausen by Proxy and later, Factitious Disorder by Proxy. In the current version of the American Psychiatric Association's Diagnostic Criteria, Diagnostic and Statistical Manual of Mental Disorders, fifth edition (DSM-V), the disorder is referred to as Factitious Disorder Imposed on Another, (DSM-V 300.19). The perpetrator and not the victim is given this diagnosis. The victim is given an abuse diagnosis.

    6/6/2014 · Psychology
    Forensic Psychologists can assist both Plaintiff and Defense lawyers in their assessment of the emotional damages related to traumatic injuries with adults as well as children. PTSD in children and teens is caused by events that have caused them or someone else to be killed or badly injured. Not all children develop PTSD after a traumatic injury. 3-15% of girls and 1-6% of boys develop PTSD in response to a traumatic experience. Rates of PTSD are higher for certain types of trauma survivors. Nearly 100% get PTSD if they see a parent being killed or if they see a sexual assault. 90% of sexually abused children develop PTSD; 77% of children who see a school shooting develop PTSD; and 35% of children who see violence in the area they live, develop PTSD (National Center for PTSD in Children and Teens).

    5/1/2014 · Psychology
    Amputation is an injury involving loss of function, loss of sensation, and loss of body image. It is not surprising amputees often suffer psychological difficulties following such an event. Further, these psychological difficulties can also result in long term Post Traumatic Stress Disorder (PTSD) for the amputee. Often these psychological injuries and resultant PTSD can be difficult to explain to a jury. The forensic expert's presentation of psychological testing assessing potential PTSD is one part of proving or disproving damages. However, the forensic expert can better assist either the Defense or Plaintiff's attorney by addressing specific functions in the amputee that have been affected by the injury.

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    Charles H. Heller, PhD
    Addresses Below
    NY, NJ USA
    phone: 212-880-3789 - Alternate Numbers Below
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    Charles Heller Forensic Psychology Expert PhotoCharles H. Heller, PhD, is a Clinical and Forensic Psychologist with over 35 years of experience in his field. Dr. Heller offers consultative expert evaluations to assess children and adults for intellectual, emotional, and mental abnormalities as defined by federal regulations. He is experienced in psychotherapy and psychological testing and provides psychological services to a broad spectrum of clients.

    Dr. Heller is currently on staff at Rutgers University Biomedical Health service, specializing in criminal behavior and risk assessment. He also serves as a forensic psychologist consultant for the Rockland County (NY) court evaluation service, where he has performed hundreds of child custody, as well as criminal competency and child abuse/neglect evaluations.

    Areas of Specialization:
    • Bi-polar and other Depressive Disorders
    • Personality / Borderline Personality Disorders
    • Anxiety Disorders
    • Pain Disorders
    • Sexual Problems
  • Victims of Child Sexual Abuse
  • Alcohol and Drug Problems
  • Family / Marital Issues
  • Mental Health Issues
  • Organic and Brain Dysfunction
  • Agency Consultation - Dr. Heller also offers consultation to agencies to improve team effort and communication and reduce conflict. He facilitates executive and leadership committee meetings, goal setting, and staff training and clinical supervision of other therapists.

    Dr. Heller is a Forensic Consultant and custody evaluator for the Rockland County (NY) Department of Mental Health and a Child Custody evaluator for the Bergen Family Center, Court Services Program. He is a Consultant to agencies that include: outpatient and inpatient alcoholism and drug abuse treatment centers, schools, foster care agencies as well as a variety of group homes for emotionally handicapped, children with special needs, adolescents, developmentally delayed, and dual-diagnosed people.

    Law Enforcement Personnel Consultation - Dr. Heller offer his services regarding treatment for alcohol and emotional problems as well as fitness for duty evaluations. Member of the Rockland County De-briefing team for police officers, firefighters and emergency medical technicians who have been involved in traumatic situations and the treatment of posttraumatic stress disorder. Serve as a clinician for the member assistance program of the New York City Patrolman's Benevolent Association. Serve as an EAP clinician for agents and staff of the U.S. Drug Enforcement Agency (DEA).

    Speaking Engagements - Dr. Heller has delivered numerous professional speeches and seminars. His volunteer clinical supervisory and professional activities have been recognized by agencies he has helped.

    Manhattan: (Mailing Address)
    275 Madison Ave., 6th Floor
    New York, NY 10016
    Phone: 212-880-3789 - Alt. Phone: 845-354-0535
    Fax: 845-354-1287
    New Jersey: (Alternate Mailing Address)
    140 East Ridgewood Avenue
    South Tower, Suite 415
    Paramus, NJ 07652
    Phone: 201-262-0331
    Fax: 845-354-1287
    Orange County: (Not for Mail Service)
    673 RT. 17M
    Monroe, NY 10950
    Phone: 845-354-0535
    Fax: 845-354-1287
    Westchester County: (Not for Mail Service)
    520 White Plains Road, Suite 500
    Tarrytown, NY 10591
    Phone: 845-354-0535
    Fax: 845-354-1287


    View Dr. Heller's Expert Witness Profile.
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    Mark I. Levy
    MD, DLFAPA
    655 Redwood Hwy.,
    Suite 271
    Mill Valley CA 94941
    USA
    phone: 415-388-8040
    fax: 415-634 2400
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    Mark Levy
    Dr. Mark I. Levy, MD DLFAPA, a Distinguished Life Fellow of the American Psychiatric Association, has been practicing Clinical Psychiatry and Psychoanalysis full time for over 30 years. During the past fifteen years he has devoted a substantial portion of his clinical practice to Forensic Psychiatry, providing independent medical evaluations (IME's) and expert forensic psychiatric opinion and Consultation nationally for plaintiff and defense trial attorneys, major insurance carriers and the courts. Dr. Levy has consulted on more than 400 medical-legal cases, has been deposed more than 350 times and has testified in State and Federal Court on 43 occasions. He is an Assistant Clinical Professor of Psychiatry for the School of Medicine at the University of California at San Francisco, is on the Faculty at San Francisco Psychoanalytic Institute and is Chairman of the San Francisco Foundation for Psychoanalysis. Forensic Psychiatric and Psychological Expert Assessment and Testimony about traumatic and non-traumatic psychological injuries including the following:
  • Motor Vehicle Accident
  • Death of Parent
  • Parental Loss
  • Loss of Consortium
  • Burn Injuries
  • Suicide
  • Traumatic Spinal Cord Injury
  • Forensic Child & Adolescent Psychiatry
  • Child Sexual Abuse
  • Child Abuse
  • Child Custody Disputes
  • Spousal Abuse
  • Elder Abuse
  • Employee Harassment
  • Employee Discrimination
  • Race Discrimination
  • Gender Discrimination
  • Ethnic Discrimination
  • Accommodation
  • ADA
  • FEHA
  • Wrongful Termination
  • Effects of Stress
  • Standard of Care
  • Psychiatric Malpractice
  • Boundary Violations
  • Wrongful Death
  • Prescribing Psychiatric Medication
  • Stress
  • Post Traumatic Stress Disorder (PTSD)
  • Class Action
  • Mass Torts
  • Toxic Torts
  • Asbestos
  • Mold
  • Damp Buildings
  • TCE Exposure
  • Malingering
  • Factitious Disorder
  • Somatization Disorders
  • Subjective Disorders
  • Stalking
  • Competency
  • Testamentary Capacity
  • Undue Influence
  • Will Contest
  • Psychological Testing
  • Neuropsychological Testing
  • Psychology
  • Psychologist
  • Neuropsychology
  • Neuropsychologist
  • Neuropsychiatrist
  • Head Injury
  • Traumatic Brain Injury
  • Cognitive Impairment
  • Neurocognitive Assessment
  • Licenses
    Physician and Surgeon State of California since 1971
    Physician and Surgeon State of Hawaii since 2004
    Drug Enforcement Administration
    Catastrophic accidents often lead to claims for severe emotional distress including allegations of post-traumatic stress disorder ("PTSD"). Similarly, allegations of acute neuropsychological disorders and fear of cancer can follow environmental releases and toxic exposures. So, too, with product liability claims and even claims from entire "classes" of individual employees. A single incident or condition may produce thousands of claims.

    Forensic psychiatry is a medical subspecialty of psychiatry. Its focus is the interface between the law and behavioral medicine. Like the law, forensic psychiatry is divided into various sections. According to the American Board of Psychiatry and Neurology (ABPN):

    4/18/2012 · Psychology
    In prehistoric times, when our earliest ancestors lived in dread of their mortal enemy, the saber-toothed tiger, those cave men (and women) who were fortunate enough to be genetically endowed with the quickest "fight or flight" reactions survived, and became our ancestors. That's where the story begins..

    Although federal and state laws prohibit employment discrimination against individuals with physical and mental disabilities and require an employer to make reasonable accommodations for both kinds of disabilities, interpreting and implementing the law with regard to mental disabilities has proven very difficult.

    8/23/2011 · Psychiatry
    An hour earlier, a commuter train with 180 passengers struck a sport utility vehicle left on the tracks-an aborted suicide attempt. The parking lot adjacent to the tracks is filled with people dazed and confused.

    8/22/2008 · Psychology
    The practice of forensic psychiatry and psychology, like the rest of medicine, is as much art as it is science. At the end of the day, the job of the forensic expert is to be able to communicate complex and at times abstract information in plain, non jargonized language

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    Edward F. Dragan, Ed.D.
    Principal Consultant
    49 Coryell Street
    Lambertville NJ 08530
    USA
    phone: 609-397-8989
    fax: 609-397-1999
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    Professional consultation for schools, attorneys and individuals. Court-qualified education administration, liability, school review and special education expert. More than 30 years experience in education. National practice.

    DOCTORATE: Rutgers University - Education Administration.

    MASTERS: College of NJ - Special Education.

    MASTERS: Franklin Pierce Law Center - Education Law.

    LAWYERS - Document review. Case analysis, development and litigation support. Expert reports. Deposition and trial testimony. School evaluations and comparisons for matrimonial issues.

    SCHOOLS - Liability and management assessments. Policy review and recommendations. Program review and development. Special seminars.
    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.

    8/25/2017 · Child Welfare
    All Sawyer wanted to do was to protect himself from bullies and the mean kids in middle school. He wrote to his guidance counselor, "I would like to let you know that the bullying has increased. I would like to figure out some coping mechanisms to deal with these situations, and I would just like to put this on file so if something happens again, we can show that there was past bullying situations."

    7/26/2017 · Child Welfare
    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 for the protection of their health, safety, and well-being. A partial list of such entities or programs include daycare centers, preschools, summer camps, YMCA centers, K–12 private and public schools, private schools that provide residences for students, and residential centers for adjudicated youth. When a child is placed into the care and custody of such an organization, that entity assumes control and supervision over the child comparable to parental care - and is held to even a higher professional standard of care established within the field of education.

    Under Title IX, for a school to be held liable for denying an educational opportunity to a student who was sexually harassed or abused, the court must be convinced that the school had actual notice of prohibited behavior and that it acted deliberately indifferent to it. Often, it is a challenge to define what "actual notice" is and whether the school had such notice. If the school has no information on which to act to end harassment or abuse, it cannot be determined to be indifferent. In some of the cases we have worked on, however, there has been some level of notice that, if investigated, would have confirmed that harassment or abuse was taking place. Such notice could be a teacher hearing a rumor about a sexual relationship between another teacher and a student, a staff member watching a student speak in a sexually inappropriate way to another student, or the school receiving notice that that an off-campus sexual violence event is creating retaliation at school. Examples such as these may constitute actual notice, depending on the circumstances.

    Whenever children are involved in events on school premises, there is always the possibility of school district liability for incidents that happen on school grounds or at school-sponsored events. This foreseeability gives rise to a duty to take reasonable steps to prevent a child from being harmed. Public school districts may find themselves liable for injury - not only for those suffered by their own students, but also for those incurred by children who are invited onto school grounds, who attend separate programs on school grounds, and even those who are considered trespassers.

    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 can create a hostile school environment for which schools can be held responsible.

    Schools, after-school programs, summer camps, sunday schools, daycares and other agencies that supervise children are responsible for student safety of children in their care. Failing to apply the same attention to ensuring that non-licensed individuals, such as volunteers, meet the same standards as teachers and other paid staff can place students - and ultimately a school, district, or other agency - at risk. When the history of a volunteer or chaperone on an overnight school trip includes something that would raise a red flag but the school is unaware of it, school officials are not able to make an informed decision about whether or not that person should be allowed to interact with children.

    Protection of the health, safety, and well-being of children who participate in recreational activities at a summer camp, summer school program, or community and private recreation centers should be the standard operating procedure of all those who provide these services. The standard of care owed to children who participate in organized or sponsored recreational activities such as sports, dance, swimming, rock climbing and variety of other activities at a camp or other agency must be consistent with professional standards in the field. Ingraining standardized practices and responsible planning and supervision into the work habits of all employees will help to protect the employees and the agency from activity injury liability and costly litigation.

    Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits discrimination on the basis of sex in any education program, including in colleges and universities, if those programs or activities associated with the institution receive federal funding. Under Title IX, sex discrimination includes sexual harassment, sexual battery, sexual assault, rape and other sexual violence at school, college or university campuses. Any behavior that disrupts a student's access to an educational opportunity or benefit constitutes a violation of Title IX. Recent media coverage has brought to light the controversy over the six-month sentence for a former Stanford University student for the rape of a student on campus. There has been outrage over the sentence, and that outrage might be justified, given schools' responsibilities in similar cases.

    Some of our most vulnerable children are relegated to a life away from parents, family, and their school to live where other adults take the place of their parents and are responsible for their custody or care - legally defined as in loco parentis. This occurs when children are placed in residential centers for the treatment of mental illness, schools for the deaf and blind, or similar facilities for children who require extensive medical care and management.

    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 in order to prevent sports injury. Parents send their children to school with the implicit expectation that schools will do whatever is necessary to keep them safe whether in the classroom or on the football field.

    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 is not going away. More civil lawsuits are filed with each passing year, and schools and other organizations are not always appropriately responding to this epidemic.

    In the wake of recent incidences of gun violence, school safety and security has become an increasingly pressing concern in the United States and Canada. Schools, summer camps, daycare centers, and other agencies charged with the safety of children have a duty to protect them, and their ability to do so depends on solid policies, training, and appropriate response to security threats. Laws, regulations, and internal policies designed to shield children from harm may be developed proactively in response to a risk assessment or reactively in response to an event that caused injury to a child. Both are valid options in today's climate of terroristic threats to school safety and security. Inaction is not. Schools and other child-centered programs must consider and develop appropriate responses to this new dynamic.

    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, the American Camping Association, the National Federation of High School Athletic Associations, or the U.S. Consumer Product Safety Commission, to name a few. Other standards involve the customary professional practice of those conducting such activities. Ignorance of such standards is no excuse for failing to comply and schools and agencies with children have a duty to be proactive about implementing standards in order to prevent student injury.

    Many school-aged children have medical conditions about which teachers, nurses, and others who are responsible for their health, safety, and well-being should know. If not addressed in the right way by administrators, teachers, or other officials, these conditions can result in a catastrophic incident, not to mention costly litigation. A student with a known heart defect, for instance, is vulnerable in a physical education class if the teacher is not informed of the child's condition and does not institute appropriate precautions or prepared to respond in a medical emergency. If cafeteria personnel in a daycare center know that a child has a peanut allergy but fail to supervise the child appropriately, the child can go into shock if she is allowed to sit at a table where another student is eating peanut butter. In situations like these, if a plan for the child's care was either not in place or developed but not communicated to the staff, the child might suffer irreparable harm - or even die.

    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 and learning in a program 24/7, staff must demonstrate not only a professional standard of care, but also a reasonable and prudent parent standard of care. Although related, these standards are distinct and must be appropriately and reasonably applied in a setting where staff serves as surrogate parents and others serve as teachers, counselors, and psychologists. When a child is sexually assaulted, administered unnecessary corporal punishment, or is injured or dies in a residential school, both of these standards need to be addressed.

    The first responsibility of educators and those who supervise children in residential programs, day care centers, before- and after-school programs, and other settings is to make sure that these programs foster learning and care in a safe environment. Asking third graders to move a cart with a heavy TV on top, inadequate staff instruction in safe techniques to quell disruptive students, not carefully checking that the door to the pool closes and locks the way it is supposed to, excessive discipline, playground aides talking among themselves but failing to pay attention to the children, not providing a sufficient number of nighttime supervisors in a dormitory, and a school police officer not trained on how to interact with children with behavioral disorders - any of these circumstances can lead to student injury at school or death of a child and high litigation costs. The overriding professional standard of care is to protect children's health, safety, and well-being. Under this umbrella fall the development and implementation of policies, adequate staff training, and a level of supervision reasonably calculated to keep children safe.

    7/7/2015 · Child Welfare
    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 vacation day care programs, community recreation centers, church-sponsored events, and Boy and Girl Scout activities, among others.

    For schools, summer camps, and day care centers, one of the key functions of student supervision is to identify dangerous conditions and then either stop the activity or warn of the danger. The supervisor must take appropriate action for the protection of the children. Duty to warn contemplates both having knowledge of danger (actual or constructive notice) and having time to communicate it. Field trip injuries are very common and there is an equal duty to protect when children are off campus but still under school supervision, such as when children are on a school-sponsored trip. Excursions off school property present special challenges. Careful planning ahead of the trip, knowing about potential safety hazards, and creating a plan to avoid or mitigate them can help to protect a child from field trip injuries and a school from liability lawsuits.

    Keeping children safe in schools, preschool and daycare programs, summer camps, on playgrounds, and other locations is a primary responsibility of those who administer such programs. When a child becomes injured and the claim is negligent supervision, a school or other agency will have a greater chance of prevailing when it has clear policies and enforces them. In school premises liability lawsuits plaintiffs are more likely to prevail when a facility fails to maintain its campus and equipment, does not have a regular inspection plan, and does not instruct and supervise students in the safe and appropriate use of equipment.

    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 a job, or not appropriately accommodated for a disability or medical condition. Most employment discrimination violates either state or federal law, and legal protections are found in the 14th Amendment to the Constitution and Title VII of the Civil Rights Act of 1964. Additionally, two primary federal statutes prohibit disability discrimination in employment: the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) of 1990.

    2/6/2015 · Child Welfare
    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 a duty to protect children often become embroiled in lawsuits alleging that breach of this duty was a proximate cause of a child's injuries. Though laws vary, states adopt a broad definition of child abuse, including physical and emotional abuse, neglect and abandonment, incest, sexual molestation, and sexual exploitation. Typically, a child abuse report must be made to a designated state agency responsible for child protective services when a person, in his or her official capacity, suspects or has reason to believe that a child has been abused or neglected, or knows that a child has been subjected to conditions that could reasonably be expected to result in harm.

    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 athlete must be subjected to harassment to "make the grade" or to be "good enough" to be on the team. This mentality, if left unchecked and if students are allowed to participate in hazing behaviors, eventually can result in even more serious misconduct, such as sexual harassment and serious personal injury.

    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 accord with state or provincial laws. This article is about how governmental immunity in public school cases might be pierced and how schools can determine whether governmental immunity applies in school liability cases.

    Millions of children participate in programs operated by daycare centers, nursery schools, and camps across the United States and Canada. The most important aspect of childcare is the safety and supervision of children. When a teacher, recreation leader, camp counselor, or other supervisor is engaged in activities involving young children, there is a duty to protect the child from physical harm, sexual abuse, and other forms of personal injury. A breach of duty to protect the health, safety, and welfare of a child that leads to injury may result in daycare negligence lawsuits.

    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 education programs or activities in schools that receive federal funding. The letter explains that schools are required to develop and distribute policies regarding sexual harassment, designate a Title IX coordinator to oversee the school's duties, train staff and students in sexual harassment and violence issues, and establish an investigation procedure and an adjudication process. The letter did not articulate specific procedural safeguards, rules for the examination of evidence, or guidelines for the conduct of adjudication or hearing processes for cases of campus sexual violence.

    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 no effective complaint procedure is in place. Schools can also be held responsible for the consequences stemming from a failure to take immediate, appropriate steps to respond to a complaint about harassment or bullying, terminate it, and discipline the offending party, be it an employee or another student. When a school has knowledge that a hostile environment exists but does not act on this knowledge, it can be viewed as giving tacit approval to this activity. In such cases, school districts have been found liable for enabling hostile school environment that prevents students from learning.

    The relationship between private schools and their students is very different than the one that exists when a student is in a public school. In private schools, the relationship is contractual in nature. The contract is expressed or implied in written documents, such as promotional literature, student applications, and student and staff handbooks. By contrast, the relationship between public schools and students is governed by federal and state statues, such as the Individuals with Disabilities Education Act and Title IX. In public schools, students are afforded constitutional, substantive, and procedural protections that are generally not applicable in a private school. In private schools, academic and conduct issues involving students raise contractual, as opposed to constitutional, issues.

    Injuries are a part of intramural and extramural sports and recreation programs. According to the National Federation of State High School Associations, high school athletes account for 2 million injuries, 500,000 doctor visits, and 30,000 hospitalizations each year. There's a certain level of risk assumed by a child who participates in any physical activity, but the school or agency has a general duty to protect children from harm to avoid school sports injury lawsuits. Dereliction of that duty may result in any number of situations that a jury may consider negligent, such as failure to develop and implement appropriate policies and procedures for supervision, poor maintenance of equipment, or inadequate instruction of children about the dangers inherent in their activity.

    Student injury or death often brings negative attention to a school. In fact, the first thing often reported publicly is an injured party's claim that an incident stemmed from the negligence or misconduct of a staff member responsible for a child's safety - a teacher, coach, or bus driver, for instance. But a student injury or death can result from any number of situations. These might range from school-related action or inaction, such as a breach of school security or failure to follow a student's medical orders, to a student's own actions and choices triggering a contributory negligence defense.

    For schools, daycare centers, after-school programs, and camps, children with disabilities often present significant supervisory challenges. If these children's needs are not adequately addressed and a child is seriously injured or killed, negligent supervision may be viewed as a proximate cause. But what constitutes reasonable supervision of children with behavioral or physical disabilities? It depends on the unique needs of the student and a school's standards for protecting that student from harm.

    This article reviews recent legislation and how that legislation effects compliance with student IEPs in regards to the equipment that can improve a student's ability to learn and interact with teachers, family, and friends. The article details the recommendation of devices and the school's responsibility in regards to their procurement, usage, and maintenance.

    Recently, a Seattle student with cerebral palsy was awarded $300,000 in damages from her school after years of harassment by another student was allowed to take place. Her harasser regularly called her names, blocked her wheelchair's path with furniture and manipulated her chair's electronic controls so it rammed into walls. It was not until the harasser caused his target serious physical injury and property damage that school officials responded formatively to his hostility by suspending him for three days.

    Abstract: This special paper introduces the Individuals with Disabilities Education Act, describes the school district's obligation to advocate for students with disabilities, reviews student rights created by the law, defines key terms, and takes the reader, step by step, through the procedural protections provided by the regulations.

    Abstract: Examples of consultations serve as an illustration of how a consulting education expert can assist lawyers who are working on school and education related cases. One example deals with a special education dispute involving inclusion and the other deals with liability for student injury and a settlement of $850,000.

    The tragic realities of the school killings in Littleton, Colorado, and similar instances of violence involving today's youth, have educators, policymakers and communities searching for causes as well as methods of prevention. Hit lists, posted on Internet sites and plans made by high school students to "get even" when they are teased are symptoms of what we already know: Bullying, teasing and discrimination are big problems for American children.

    Our nation's schools pay millions of dollars annually in damages to school children injured in class, sexually assaulted by teachers, and harassed by fellow students. Unnecessary risks in schools can be controlled to protect the safety of students, faculty and support staffs and to eliminate costly litigation and settlements.

    Even the most amicable custody arrangements can sour over school choice. As more people move about, the issue of where their children will attend school, and what that school offers compared to their current situation, is becoming more significant in family law. This article examines ways an education expert can assist with objective evaluations of school programs.

    The educator as a consulting and testifying expert has become one of the most important tools that an lawyer can use in the dispute resolution process involving schools. When the consultant becomes an expert witness the relationship changes. This article explains how the expert educator assesses merits of a case, and provides consultation to lawyers who are working on education and school related cases.

    6/19/2013 · Expert Witnessing
    According to a new national survey, there has been a sharp drop in the percentage of America's children being physically bullied or beaten up by their peers.

    5/13/2013 · Expert Witnessing
    Assigning fault and responsibility in a lawsuit involving a school is rarely clear cut.

    3/25/2013 · Expert Witnessing
    Eyewitnesses to the event may only tell what they saw, heard, felt or smelled; they are not allowed to tell what others have said (hearsay) or say what they think of the case.

    The first wave of inclusion has crashed upon the shores of our schools. Now, educators and parents are looking toward the horizon awaiting the next wave to see what it brings.

    Now that the administrative law judge ordered Heather into the regular fourth-grade classroom, none of the teachers want to have her, Maybe we shouldn't have filed for a due process hearing against the school. I think it backfired on us.

    Schools seem to have little control over the financial and human resources that are dedicated to special education. How can accountability be achieved?

    This article explores common situations regarding sexual harassment in the school setting. It also discusses exploitation of sexual power either by teachers or by students in an inappropriate relationship. Schools and its employees have a duty to train their students on their sexual harassment policies and to report any inappropriate behavior.

    5/14/2012 · Social Issues
    Cyberbullying is one of the fastest-growing problems facing families and the people responsible for protecting our children: school administrators, lawmakers and law enforcement officials. Cyberbullying is such a new frontier, the laws that define and police it are, in many places, weak to nonexistent. Its "sudden" pervasiveness and severity is now shocking people into action as evidenced by the rash of suicides making national news and the resulting public outcry.

    The safety of children is of the utmost concern to school board members, administrators, and teachers. Accidents do happen, of course, but you must do everything you can to make sure that the students in your care are not hurt.

    People who are passionate about school safety have a vision--a vision we share with concerned parents, educators, and especially with the kids we're obliged to protect.

    All 15-year-old Phoebe Prince wanted was to be liked. But after moving from Ireland to Massachusetts, it wasn't long before Phoebe endured bullying from the "mean girls" at school.

    It is commonly accepted that school liability has increased over the past several years, especially in the area of tort liability.

    Edward F. Dragan EdD
    Bullying used to be thought of as an unpleasant rite of passage, but now psychologists are realizing that it inflicts real harm. As many as 40 percent of children report that they’ve experienced episodes of bullying at school or online through their school community. School safety expert Edward Dragan argues that parents need to be proactive in looking out for their children’s social well being at school. From his many decades as a Board of Education insider, he argues that schools are self-protective entities and reluctant to address bullying themselves.
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    Dawn L. Cook, RN, LNCP-C, CLCP, CLNC
    1001 E Sunset Rd #97553
    Las Vegas NV 89131
    USA
    phone: 702-544-2159
    fax: 702-543-7133
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    Dawn L. Cook is a licensed Registered Nurse with certifications in life care planning. As well, Dawn Cook is certified as a Forensic Litigation Consultant. She has worked with serious and catastrophic illness and injury for over 30 years including clinical settings, home care and life care planning.

    Dawn Cook has prepared hundreds of expert reports and has testified at deposition or trial at state court or Federal Court.

    Ms. Cook prepares Life Care Plans, Critiques Life Care Plans, Future Medical Cost Projections and Past Medical Bill Reviews for plaintiff and defense.

    Dawn Cook's client list includes attorneys in Arizona, California, Georgia, Hawaii, Minnesota, Missouri, Mississippi, Nevada, New Mexico, Oklahoma, Utah and Washington state.

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