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Sexual Discrimination / Harassment Expert Witnesses

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Maureen Clark, M. Ed, SPHR-CA, SHRM-SCP
President
356 Hedge Road
Menlo Park CA 94025
USA
phone: 650-328-1165
fax: 650-328-1166
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Maureen Clark, SPHR,President of Three Sixty HR, Inc., began her Human Resources career in finance and Fortune 100 manufacturing. Ms. Clark has been consulting in Human Resources for over 30 years serving more than 200 clients in the high tech, manufacturing, services, not-for-profit, education and public sectors.

Ms. Clark is particularly skilled at analyzing difficult workplace problems and creating win-win outcomes. Her practice has expanded to include HR investigations (PI#27972), litigation consulting and expert witness testimony for both plaintiffs and defense. Ms. Clark is a member of the Society for Human Resources Management, the Northern California Human Resources Association, the Association of Workplace Investigators, and the Forensic Expert Witness Association.

Expert cases have included allegations of:
  • Age and Pregnancy Discrimination
  • Adequacy of Employer’s Response to a Complaint of Discrimination,
  • Failure to Accommodate a Disability
  • Adequacy of Employer’s Response to a Complaint of Sexual Harassment
  • Negligent Hiring
  • Wrongful Termination
  • Constructive Discharge
  • Failure to Comply with Meal and Rest Period Requirements
  • Failure to Pay at Termination
  • Discrimination Based on Disability
  • Adequacy of Investigations
  • Liability for a Tort Occurring During the Course of Employment
  • Whistleblowing, Retaliation
View Maureen Clark's Consulting Profile.
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Stephen M. Raffle, M.D.
President
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 49 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
  • Expert testimony in 700 depositions and trials
  • Successful clinical practice

    The job of an expert witness is to educate a jury, judge, attorney, and trier of fact about the forensic psychiatrist's conclusions and how those opinions were derived in a manner well-reasoned, skillful, and 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
  • U.C. 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 (MDs), Psychologists (LCSWs / MFTs), 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
    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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    Samuel I. Miles, MD, PhD
    8631 W. Third Street 425E
    Los Angeles CA 90048
    USA
    phone: 310-659-1674
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    Samuel I. Miles, MD, PhD, has been engaged in the private practice of Psychiatry in Los Angeles since 1978. He has extensive experience in diagnosing and treating people with mental disorders and substance use disorders in inpatient, outpatient, and custodial settings. He provides consultations to other physicians and mental health practitioners, as well as to attorneys, employers, insurance companies, government agencies, and the courts.

    Throughout his career, Dr. Miles has been active in organized psychiatry. He has served on various committees, including the Executive Committee, of the Southern California Psychiatric Society. He has also been actively involved in the governance of Cedars Sinai Medical Center and the Southern California Psychoanalytic Institute (now known as the New Center for Psychoanalysis). He is a member of the American College of Psychiatrists, and a Distinguished Fellow of the American Psychiatric Association.

    Dr. Miles is an active teacher. He is Associate Clinical Professor of Psychiatry at the UCLA School of Medicine. He is also on the faculty of the New Center for Psychoanalysis.

    Litigation Support - Dr. Miles has provided consultations, reports, and expert testimony to both plaintiffs and defendants in litigated civil and criminal matters. He has qualified as expert in state and federal courts to provide legally relevant psychiatric, medical, and psychopharmacological opinions. Cases have included issues of:
    • Forensic Psychiatry
    • Pharmacology
    • Psychopharmacology
    • Criminal Responsibility
    • Sanity / Competency to Stand Trial
    • Alcohol Abuse / Drug Ingestion
    • Testamentary Capacity
    • Psychiatric Standards of Practice
  • Prescription Practices
  • Impairment
  • Harassment & Discrimination
  • Disability
  • Emotional Distress
  • Malingering
  • Suicide
  • Need for Treatment
  • Samuel I. Miles, MD, PhD
    This article is an outline of basic principles of psychopharmacology, and an overview of psychotherapeutic agents, along with some clinical and medical-legal issues related to them.
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    Robert G. Rose, PhD, Principal
    Robyn W. Porterfield, PhD, Managing Principal
    5944 Luther Lane
    Suite 650
    Dallas TX 75225
    USA
    phone: 214-234-0266
    fax: 214-373-6360
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    Rose Porterfield Group (RPG) has over 30 years of experience providing Business Performance and Human Resource services. As experts in human behavior, we provide litigation support strategy and testimony for attorneys and corporations. Offering unbiased, detailed, and objective expert opinion on all aspects of human behavior in the workplace, we can help determine the facts, motivations, and human factors involved in the case.

    Forensic and Expert Testimony Cases Include:
    • Sexual Harassment
    • Workplace Injury
    • Discrimination
    • Retaliation
    • Wrongful Termination
    Robyn Porterfield Productivity Expert PhotoRobyn W. Porterfield, PhD - Managing Principal at RPG, spent over ten years in sales and marketing prior to completing her PhD in Industrial Psychology. While completing her PhD, Dr. Porterfield served as Director of Client Services for a Texas-based on-line psychological testing firm, consulting to management on such issues as individual and team fit, conflict resolution, hiring, coaching, and management succession planning.

    As a consultant, Dr. Porterfield has assessed executives in such diverse industries as financial management, food service, telecommunications and retail. For five years Robyn and Bob co-wrote a column for the Dallas Business Journal titled, C-Level Coach. Robyn is also a professional mediator and currently mediates for Dispute Resolution Services of Tarrant County, Texas.

    Robert Rose Productivity Expert PhotoRobert G. Rose, PhD, Principal at RPG, received his PhD from Florida State University. Since 1976 he has served as consultant to organizations in virtually every industry including health care, retail, IT services, manufacturing, construction, aviation, and many others. In his over 30 years as a consultant, Dr. Rose has encountered virtually every problem that an organization can experience, and has seen that good teamwork - from hiring to development - always benefits both the individual and the company.

    Bob is the author of numerous articles on communication, crisis handling, and conceptualizing purpose and culture within organizations, and his books on consulting are required reading by major corporations..

    View RPG's Consulting Profile.
    10/22/2018 · Human Resources
    As an employment attorney, or perhaps as General Counsel for your organization, you have probably been fielding more and more questions about bullying in the workplace-we certainly have. While bullying isn't illegal - yet - you also probably know that it costs a lot in terms of its effect on production. Plus, you know it's not right-not really. So, what's the right approach? Our rule of thumb is not to overact to simple, appropriate work behavior, but you also can't put up with bullying either. We'll share some examples from our practice; see if any of these sound familiar.

    If you are the CEO or General Counsel of your company, you should be preparing for a new challenge. The gaining momentum of the #metoo movement means there will likely be an increase in sexual harassment complaints. Raghu and Suriani certainly think it's already happening (#METOOWHATNEXT: Strengthening workplace sexual harassment protection and accountability, nwlc.org, 2017.), and our clients are certainly calling us more often to investigate claims. To better prepare, here are some suggestions we urge you to consider.

    8/1/2017 · Human Resources
    Let's say you have Bill who is a good guy in many ways but he can be a grouch. He is particularly likely to nag the young female accounting staff for inquiring about his expense reports. He looms over them and talks loudly sometimes shaking his finger, and using occasional mild profanity. You've talked to him and he always gives a half-hearted sheepish apology - and then does it again the following month.

    7/21/2016 · Injury
    Almost all of us have been to the yearly company football game, company barbeque, or happy hour. Organizations often think these events create closeness, trust, a sense of "teamwork", or even a sense of family. We love a good burger and a beer as much as anyone but in our experience the injuries, harassment and other complaints that can come from company social events may cause problems for employers. And we find that the defense that the events were "voluntary" may not hold up.

    Robert G. Rose, PhD
    Robert G. Rose, PhD
    This book discusses testing as a critical aspect of the hiring process. Dr. Rose presents a clear, concise picture of the real issues and advantages in testing in an easy to read enjoyable format.
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    Michael Phillips
    San Francisco CA 94114
    USA
    phone: 415-505-4123
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    Michael Phillips has served as a bank vice president, corporate treasurer, foundation president, and Marketing / Management consultant to more than a thousand businesses worldwide, from one person shops to a $100 billion global giant.

    Background - Mr. Phillips co-founded the marketing research department at Bank of America from 1964-1968. In that capacity, he organized the Bank PR and Marketing Research Association. For several years after, Mr. Phillips served as Vice President of Bank of California. There, he was involved in a lawsuit to end employment discrimination. Although he has held various positions since, Mr. Phillips has always had a particular interest in Equal Employment. He is a published author of eleven books and a founder of the Briarpatch Network.

    Litigation Support - Michael Phillips has been successful in winning cases involving business matters on behalf of Consumer rights and Minority Communities since 1983. He has opined in cases against PG&E, Southern California Edison, San Diego Gas & Electric, MCI, Pacific Bell, AT&T, and Qwest.

    Mr. Phillips has been an expert witness in more than a dozen Public Utility cases on behalf of major American minority organizations. He is noted as the organizer and lead plaintiff in the first and most influential class action on behalf of women and minorities. With Robert Gnaizda at Public Advocates as attorney, a settlement was reached in 1972 with five major banks and Savings & Loans. The settlement set affirmative action goals which put banking in the forefront of "equal employment" in the U.S. for the next quarter century.

    Forum - California Public Utilities Commission
    • Expertise: Environmental Settlement
    • Expertise: Corporate Governance
    • Expertise: Marketing Practices and Ethics
    Forum - California Department of Insurance
    • Expertise: Management
    • Expertise: Top Management Compensation
    Forum - California Senate Energy Committee
    • Expertise: Corporate Finance
    Michael Phillips
    This book describes the components of human behavior that thrive in a world of commerce: meritocracy, diversity, openness, an appreciation of markets and technology. Commerce has brought us modernity and the infinite number of niches that allow individuals to find a life of authenticity.
    Michael Phillips, et al
    The original proposal for a randomly selected legislature with arguments based on the Federalist Papers.
    Michael Phillips
    This book tells how to live with money: how to get it, care for it, and forget about it. An underground classic among corporate executives, accountants, and entrepreneurs since the 1970s, it is rooted in the author's commitment to right livelihood, to learning how the world works, to a willingness to "fail young," and to networking. Phillips shows how to combine these principles with the seven laws to engender a healthy, fearless attitude toward money.
    Michael Phillips, et al
    The best marketing you can do for your business is to concentrate on creating a high-quality operation that customers, employees and other businesspeople will trust, respect and recommend.
    Michael Phillips
    Other Books and Publications by the Author
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    Charles Trudrung Taylor
    Attorney
    5200 N. Palm Avenue, 4th Floor
    Fresno CA 93704
    USA
    phone: 559-228-6700
    fax: 559-228-6727
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    Charles Taylor is a partner at Lang, Richert & Patch specializing in federal civil litigation. He has represented clients in areas such as Civil Rights, Government Contracts and Leases, Insurance Coverage, and Business Litigation in various federal district courts around the United States, in adversary proceedings in the bankruptcy court, and before governmental administrative boards.

    Mr. Taylor specializes in all aspects of Employment Law, including sexual harassment, discrimination, and wrongful termination. He has represented local and national clients on various employment issues before the Labor Commission, Department of Fair Employment and Housing, Equal Employment Opportunity Commission, and Employment Development Department. In addition, he advises employers on preventing employment relations problems and on developing personnel policies and procedures.

    Illustrative Case:
  • Engaged by bakery to defend against civil complaint filed by Department of Justice for alleged violations of Clean Air Act with over $3 million in potential penalties. Successfully negotiated dismissal of the case without penalty
  • Engaged by local concessionaire on government owned property after improper termination of lease. Actions litigated in both federal district court and before Contract Board of Appeals. Prevailed on entitlement issues after an 8 day hearing
  • Successful settlement on quantum before trial for in excess of $1.3 million
  • Successfully defended on summary judgment large grocery store chain by four female employees claiming sexual harassment and gender discrimination
  • Successfully defended regional employer for alleged wrongful termination in violation of public policy, fraud, tortious bad faith, and intentional infliction of emotional distress
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    Sherryll Kraizer, Ph.D.
    460 S. Marion Parkway
    Ste. 906
    Denver CO 80209
    USA
    phone: 303-809-9001
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    Sheryll Kraizer Child Safety Expert PhotoSherryll Kraizer, PhD,., is an internationally recognized expert and author in child sexual abuse, physical and emotional abuse, bullying, and child safety.

    Background Experience - Dr. Kraizer was on the ground floor of the child abuse prevention field in the early ‘80s, working with the C. Henry Kempe National Center for the Prevention and Treatment of Child Abuse and Neglect and founding the Coalition for Children. She has written many articles, books and curricula that address recognition, prevention and reporting of child abuse (including sexual, physical, emotional and neglect). She also has expertise in the areas of bullying, school safety, special education, and duty to supervise in a wide variety of settings.

    Working with schools, religious organizations, community groups and treatment facilities, Dr. Kraizer has a deep and historically accurate understanding of the standard of care, policies and procedures, training, and supervision consistent with protecting children as they have evolved over time.

    Dr. Kraizer has extensive experience in cases involving child abuse and bullying in youth serving organizations and institutional settings (i.e. schools, churches, foster care, youth groups, day care, treatment centers, residential facilities and hospitals), failure to properly train and supervise staff, failure to supervise children, child injury and death cases, abuse by teachers, clergy or staff members and child-on-child abuse. She is qualified to assess standard of care, policies, procedures, best practices and questions of negligence.

    Litigation Support - Since 1992, Dr. Kraizer has worked nationally for plaintiffs and defendants alike. Understanding the issues on both sides, she is able to review your case and advise you on the strength of the evidence, areas for further discovery, deposition and trial preparation. As a forensic expert, she can assist you in asking the right questions to make informed decisions about each case.

    Dr. Kraizer has extensive experience in cases involving:
    • Child Abuse or Injury/Accidents in Institutional Settings (i.e. private and public schools, churches, foster care, youth groups, day care, treatment centers, residential facilities, and hospitals)
    • Abuse Over Time Involving Multiple Victims
    • Child Sexual Abuse and Assault, Physical Abuse, Emotional Abuse and Neglect
    • Boundary Violation
    • Standard of Care, Negligence and Best Practices
    • Policies and Procedures
    • Staff training and Supervision
    • Failure to Supervise
    • Sexual Abuse by Teachers, Clergy, Staff Members, Volunteers, and Child-On-Child Abuse
    • Sexual Harassment and Misconduct
    • Bullying and Interpersonal Violence
    • Wrongful Death
    View Dr. Kraizer's Consulting Profile.
    Sherryll Kraizer, PhD
    This book offers strategies on the latest forms of bullying, like cyber-bullying via instant message and networking sites. With anecdotes throughout, it book also teaches how to successfully approach another parent or a school about bullying.
    Sherryll Kraizer, PhD
    It's the most urgent and highly publicized issue facing America's family: how to teach our children to protect themselves in any situation. Based on the author's successful education workshop, which has been in operation since 1969 and has educated more than 50, 000 parents and children nationwide, The Safe Child Book gives parents effective and nonthreatening techniques for teaching children how to protect themselves without making them afraid.
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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 Board Certified Psychological Forensic Expert specializing in Post Traumatic Stress Disorder with adults and children. Over the course of her more than 30 years of practice, she has worked with Defense and Plaintiff attorneys and has also been a Court appointed expert. Dr. McNaught has administered more than 2,000 psychological test batteries and testified on over 500 occasions as a forensic expert in the areas of: Civil, Criminal, and Family Law. She also provides trial consultation for attorneys. Dr. McNaught has further been qualified and testified as an expert in PTSD, for both the U.S. Army as well as the U.S. Navy and . In addition she has testified as an expert in both District and Federal court.

    Dr. McNaught practices in the areas of Civil, Criminal, and Family Law cases involving trauma to both adults and children. In the Civil area, Dr. McNaught is frequently hired as an expert when there are allegations of Post Traumatic Stress Disorder (PTSD). She also testifies in Employment cases involving Age or Sexual Harassment where PTSD is alleged. She has further testified in the following types of civil cases where PTSD is alleged: motor vehicle injuries; dog bite and amputation. Medical malpractice; Wrongful Death; and Infant death cases. Dr. McNaught has been hired in cases of alleged sexual misconduct within institutional settings such as schools, Churches including the Catholic Church, Treatment Centers, and hospitals.

    In the Criminal area, Dr. McNaught is hired by both the Prosecution as well as Defense in cases involving Sexual Misconduct. She also conducts evaluations of Defendants in criminal cases where underlying psychological conditions may impact sentencing. Dr. McNaught has further been obtained as an expert to evaluate the credibility and reliability of statements obtained from alleged victims of sexual assault. When doing so, Dr. McNaught addresses the following: recantation, memory research, standard of care in interviewing victims of sexual abuse.

    In the area of Family Law, Dr. McNaught specializes in high conflict divorce and conducts Custody Evaluations as well as Evaluations regarding: Relocation; Endangerment; Factitious Disorder by Proxy; Parental Capacity; and Parental Alienation.

    View Dr. McNaught's Consulting Profile.
    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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    Laurie J. Chua, SHRM-SCP
    HR Expert Witness
    P.O. Box 421259
    San Diego CA 92142
    USA
    phone: 858-705-3388
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    Laurie Chua, SHRM-SCP, is a highly skilled Employment Practice Professional with over 25 years experience in working as an HR Professional employed by Fortune 25 companies and nonprofit associations, including Dell Computers, Pfizer Pharmaceutical, the Society for Human Resource Management (SHRM), and California Employers Associations (CEA).

    Ms. Chua maintains an active multi-state HR consulting practice with in depth knowledge of California labor code, employment regulations, and opinion letters. She was previously employed by SHRM as an HR Knowledge Advisor, providing guidance and responding to resolve over 3,500 requests per year in HR compliance and best practices.

    Ms. Chua is Certified by the Society for Human Resource Management as a Senior Certified Professional (SHRM-SCP) and holds a Bachelor of Business Administration from the University of Arkansas at Little Rock with emphasis in Human Resources Management and Labor Relations.

    With extensive teaching and public speaking experience, Ms. Chua presents onsite management training seminars, conferences, webinars on sexual harassment, discrimination, disabilities in the workplace, as well as other programs focused on compliance. She has presented the SHRM Certification course globally to prepare HR professionals to sit for the intensive SHRM certification exam. Ms. Chua is highly skilled presenting the required AB1825 California's Sexual Harassment and Discrimination Prevention training.

    Litigation Support - As an HR Expert Witness, Laurie Chua has provided analysis for employment litigation cases. She is experienced and comfortable explaining California and Federal Employment Law to an audience, one-on-one, and over the phone. Ms. Chua has expert level knowledge in the areas of:
    • Employment Discrimination
    • Employee Harassment
    • Sexual Harassment
    • ADA Disability Accommodations
    • Wrongful Termination
    • Retaliation
    • Personnel Policies
    • Title VII Issues
    • Compensation
  • Employee Benefits
  • Duty of Care
  • Negligent Retention
  • Recruitment
  • Employability
  • Employee Screening
  • FCRA Background Investigations
  • Employment Law
  • Human Resources Policies and Procedures
  • View Laurie Chua's Consulting Profile.
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    Dawn M. Adams, PHR
    W307 N6380 Shore Acres Rd.
    Hartland WI 53029
    USA
    phone: 414-659-4553
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    Dawn M. Adams, PHR, is a certified Professional in Human Resources, with 25+ years of experience in Human Resources, employment law, and Organization Development. She built her expertise in the professional services, manufacturing, health care, financial services, government, and construction industries. Dawn has held various leadership positions within organizations, including Vice President of Human Resources for a statewide, nonprofit healthcare organization and national HR manager for an international law firm.

    Ms. Adams built additional coaching and development expertise through the Center for Creative Leadership and Team Trek. In addition to her PHR certification, she earned several certifications through Lominger International. Ms. Adams was a member of SHRM and its national Employee Relations Expertise Panel. She is a former member and chair of MMSHRM’s Employment Practices Committee.

    Litigation Support - Dawn Adams provides expert witness services to counsel representing Plaintiff and Defendant in cases involving human resources, employment law compliance, management practices, employee termination, and recruitment. Ms. Adams is experienced with sexual harassment and discrimination cases, FMLA, employment laws, leave laws, policies and procedures, and the American With Disabilities Act (ADA).

    Areas of Expertise:
    • Human Resources
    • FMLA / Leave Laws
    • ADA
    • Employer Responsibility
    • Employment Discrimination
    • Employment Investigations
  • Employment Termination
  • Background Investigations
  • Due Diligence
  • Employee Relations
  • Sexual Harassment
  • Wrongful Termination
  • View Dawn Adams' Consulting 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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    Henry Flores, PhD
    3111 Alamo Creek Circle
    San Antonio TX 78230
    USA
    phone: 210-846-8260
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    Henry Flores Employment Law Statistics Expert PhotoHenry Flores, PhD, has over 30 years of experience in Data Management, Data Mining, and Statistical Analysis. A Distinguished University Research Professor, he also teaches Political Science and International Relations at St. Mary’s University in San Antonio, Texas.

    Select Background Experience - A member of the Institute for Public Administration, Politics, and Public Policy, Dr. Flores has conducted national election exit polls and local telephone polls for numerous elections. He has provided consultations on environmental contamination issues and developed methodologies for enumeration of homeless communities.

    Dr. Flores has also served as outside evaluator to Nielsen Media Research on the construction of their sampling frames and population samples. He also assisted in the assessment of Nielsen’s household targeting methods and techniques.

    Litigation Support - Dr. Flores has served as an expert witness in more than 50 federal Voting and Civil Rights Lawsuits. He has acted primarily as a plaintiff witness in Election Law and Challenges and as a defense witness in Employment Law and Criminal cases. His services include data and statistics, depositions, trial testimony, jury selection, and change of venue. He is fluent in English and Spanish.

    Areas of Expertise:
    • Statistical Analysis
    • Data Mining
    • Employment Law
    • Workforce Analysis
    • Election Law / Voting Rights
    • Voting Rights Act
  • Racial Discrimination
  • Age Discrimination
  • Gender Discrimination
  • Statistical Forensics Accreditation Cases
  • Economic Development Analysis
  • Wills and Estates Cost Analysis
  • View Dr. Flores' Consulting Profile.
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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.
    Schools, including public, private, and charter K-12 schools, and colleges and universities, have a responsibility to protect students from physical and emotional harm. Harm that creates a climate of fear can interfere with a student's education, leading to a range of outcomes from failing courses to, in the worst case, suicide. Properly identifying, investigating, and handling school bullying, harassment, and intimidation claims can help school administrators protect children and avoid costly litigation.

    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 school may even strengthen their trust, but this can be a false sense of safety. Just because guards and school police officers wear a uniform does not always mean additional protection for students. Reviewing and assessing the potential for harm to students and others on school grounds and at school-sponsored events requires careful consideration and proactive initiative to keep students safe, even when the presence of a security guard or school police officer may provide a veneer of safety. Inadequately screening, training, and supervising security guards and school police officers; failing to provide guards and officers with clear instructions for handling special circumstances known to the school; and inappropriately delegating the responsibility for keeping children safe can all be linked to student injury or death.

    6/21/2018 · Employment
    Statistically, it's safer to transport children to and from school by school bus than by car, according to the National Highway Traffic Safety Association. But accidents and other bus-related incidents that result in student injury and negligence are frequently causes for litigation. Leaving students on the bus when it arrives at school, sexual abuse of students by the bus driver, bus aide, or other students, and injuries caused by student misbehavior are just a few situations that might result in liability for a school district or contracted private bus company.

    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 and security will lead to a reduction in school killings, but these ideas don't seem to be showing positive results. Perhaps arming school staff not with guns but with the training needed to relate to students in a positive way will go a long way toward preventing some students from carrying out their deadliest ideas resulting in school shootings.

    When risk is managed, injury, student death, and resulting litigation are less likely to occur. All too frequently, it is only after a tragedy that officials look back and ask, "How could this have been avoided?" Risk management is a far-reaching topic, but when focused on the professional standard of care in educational and other child and youth-serving organizations, it comes down to protecting the safety of participants in the care and custody of a school or other organization.

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

    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.

    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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    Michael T. Motley, Ph.D.
    Professor Emeritus
    10345 Lakeshore Dr.
    Clearlake CA 95422
    USA
    phone: 530-304-6462
    fax: 707-528-2946
    Michael T. Motley, Ph.D. has over thirty-five years of experience in the fields of Communication & Psycholinguistics. Dr. Motley serves as an expert witness for opinions on the clarity, lack of clarity, and most likely interpretation of common messages such as warning labels, instructions, advertising, contracts, waivers, and so forth. He has served on over 30 cases; about 2/3 for plaintiff and 1/3 for defense.

    Dr. Motley is a Professor Emeritus of Communication at the University of California at Davis. He has authored almost 200 books, articles, and research papers in communication and psycholinguistics. He has won eighteen excellence awards for his research and was recognized as among the "Top 1%" of communication scholars of the 1970's, 1980's, and 1990's.

    Areas of Expertise:
    • Communication Messages: Meaning, Ambiguity, Likely and Alternate Interpretations, Communicative Intention
    • Adequacy/Inadequacy of Messages: Product Warnings, Instructions, Waivers, Advertisements
    • Male / Female Misunderstandings: Sexual Consent/Resistance, Date Rape
    Services Offered:
    • Expert testimony & Consultation
    • Opinion on Adequacy of Communication Messages
    • Opinion on Likely Consumer Interpretation of Warnings, Instructions, Advertising
    • Opinion on Likely Intrepretation of Sexual Resistance/Consent Messages and Behaviors
    • Social-scientific testing of expert opinion (his and others')
    View Consulting Profile.
    6/19/2018 · Warnings & Labels
    If you do work as an expert witness on warnings, you probably feel quite confident that you know a bad warning when you see one (and would know a good one if you ever saw one). Of course, backing up our opinion with some version of, "I just know" doesn't make for very strong testimony. Indeed, we can count on our criteria being challenged by opposing council even when we can articulate them.

    5/29/2012 · Warnings & Labels
    My first expert witness case involved a man who was injured using a chinup bar designed to fit within a door frame. The bar has rubber suction cups at each end, and its length is adjusted by twisting its two sections together or apart for a telescoping effect.

    Michael T. Motley, PhD
    In this volume, recognized scholars discuss ways they have applied communication research to court cases as an expert witness or consultant in such areas as jury selection, pretrial publicity, sexual consent, warning adequacy, hindsight bias, jury decision making, document authorship identification, graphics and simulations and several others. For attorneys, the volume may provide an introduction to ways that communication scholarship can inform their future cases.
    Michael T. Motley, PhD
    This book offers solutions for communication problems that erupt in our daily lives. By focusing on socially meaningful applied research in communication, this book offers a new direction for interpersonal communication studies. Featuring original studies that are practical and relevant, chapters provide readers with a balanced combination of rigorous research with pragmatic application.
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