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Brian H. Kleiner, Ph.D., MBA
Brian H. Kleiner
Professor of Human Resource Management
at a prestigious Cailfornia university
551 Santa Barbara Avenue
Fullerton CA 92835
USA
phone: 714-879-9705 or 714-595-1891
fax: 714-879-5600
Dr. Brian H. Kleiner was a former human resource manager for Ford Motor Company. He has had over 100 private and public consulting clients and has trained thousands of employees. Dr. Kleiner taught three 36-hour courses on KLCS-TV, has over 500 publications, and has given trial / arbitration testimony in over 70 cases, including one resulting in a $12.5 million plaintiffs verdict in 2014 concerning disability discrimination and wrongful termination. He has been profiled in Bender's California Labor and Employment Bulletin in 2007 as a result of his overall forensic expert successes and other achievements.

Degrees Include:
  • B.S. in Business Administration, Drexel
  • MBA, UCLA
  • Ph.D. Management, UCLA
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Jonathan Burroughs, MD, MBA, FACHE, FAAPL
48 Forest Ledge Road
PO Box 540
Glen NH 03838
USA
phone: 603-733-8156
Burroughs-Healthcare-Consulting-Network-Logo.jpg
Jonathon Burroughs Healthcare Expert PhotoJonathan H. Burroughs, MD, MBA, FACHE, FAAPL, is President and CEO of The Burroughs Healthcare Consulting Network, Inc., and works with some of the nation’s top healthcare consulting organizations to provide ‘best practice’ solutions and training to healthcare organizations throughout the country in the areas of governance, physician–hospital alignment strategies, credentialing, privileging, peer review and performance improvement/patient safety, medical staff development planning, strategic planning, physician performance, and behavior management as well as ways in which physicians and management can work together in new ways to solve quality, safety, operational, and financial challenges.

Litigation Support: Dr. Burroughs offers litigation support services to counsel representing both Plaintiff and Defense. He provides general expert witness services for cases involving:
  • Regulatory Compliance
  • Negligent Credentialing
  • Negligent Privileging
  • Negligent Peer Review
  • Physician Performance Management
  • Fraud and Abuse
  • Fair and Judicial Hearings
  • Patient Safety
  • Physician Contracts
  • Medical Staff Bylaws, Policies, Procedures, Rules & Regulations
  • Dr. Burroughs serves on the national faculty of the American College of Healthcare Executives and the American Association for Physician Leadership (formerly the American College of Physician Executives), where he has been consistently rated as one of their top speakers and educators. He and Dr. David Nash were recently awarded a development grant by the American College of Healthcare Executives (ACHE) to develop a twelve hour national program to address population health and the disruptive innovative business models necessary to support it. He is the author or coauthor of the following books: Redesign the Medical Staff Model-A Collaborative Approach (published by Health Administration Press, January, 2015), The Complete Guide to FPPE (2012), Medical Staff Leadership Essentials (2011), Engage and Align the Medical Staff and Hospital Management: Expert Strategies and Field Tested Tools (2010), A Practical Guide to Managing Disruptive and Impaired Physicians (2010), The Top 40 Medical Staff Policies and Procedures, Fourth Edition (2010), Emergency Department On-Call Strategies: Solutions for Physician-Hospital Alignment (2009), and Peer Review Best Practices: Case Studies and Lessons Learned (2008).

    Dr. Burroughs is a former Senior Consultant and Director of Education Services for The Greeley Company where he was rated as one of their top healthcare consultants and educators over an eight year period. He is also a past medical staff president, past president of the New Hampshire chapter of the American College of Emergency Physicians, and served as an emergency department medical director. As a member of the governing board of Memorial Hospital in New Hampshire, he chaired the ethics, succession planning, and bylaws committees and sat on the joint conference, strategic planning, and medical executive committees. He previously served as a member of the clinical faculty of Dartmouth Medical School, where his research interests included introducing EMT defibrillation and automatic defibrillation into the field.

    View Dr. Burroughs' Consulting Profile.
    11/11/2015 · Healthcare
    Population health is not possible in a discounted fee-for-service world, and the significant healthcare business challenge is how to transition from fee-for-service to risk-based capitation in a sustainable way. The following represents an outline for how this transition can be staged so that early steps exploit the benefits of fee-for-service while the latter ones exploit a more capitated model:

    10/21/2015 · Healthcare
    Not too long ago, I had the sad task of testifying at a civil litigation and a judicial hearing for two physicians who had been suspended from their respective medical staffs. In both cases, the suspensions and resultant procedural rights were avoidable because proactive communication and management did not effectively take place. Such events should be rare and most medical staffs can easily avoid them by focusing on preventive actions and addressing potential performance issues early in a supportive and assertive manner.

    Hospital CEOs may have once cast a wary eye when a retail clinic opened in their backyard, but that paradigm has shifted as health systems are increasingly opening their own retail clinics or affiliating with retail clinic operators.

    7/24/2015 · Healthcare
    Regulatory hurdles prevent more hospitals from using e-health to its full potential. Federal and state policies and regulations on care rendered via technology from a remote site spin a tangled web for providers either engaged in e-health or who want to be. A February 2014 article in Health Affairs found strong associations between state policies and hospitals' adoption of e-health, also known as tele-health or telemedicine.

    Alarm fatigue has moved to the forefront of hazards on the hospital floor. Nursing staff gets bombarded by hundreds or thousands of beeps, rings, whistles and pings emanating from bedside devices in a shift, and it can be difficult for them to distinguish the critical from the routine. An analysis of hospital alarms at Johns Hopkins Hospital counted a total of 59,000 alarms over a 12-day observation period, an average of 350 alarms per patient per day.1

    Jon Burroughs, MD, FACHE
    In this book, the author, an experienced physician leader and healthcare consultant, describes key changes that must be made to redesign the medical staff model. He provides specific guidance and examples to help healthcare leaders and executives work with their physician leaders to face these changes successfully. Well-regarded contributors and subject matter experts offer additional examples and insights with special content throughout the book.
    Jon Burroughs, MD, et al
    The Complete Guide to FPPE provides step-by-step guidance for developing an FPPE process and policy, selecting indicators, collecting data, conducting performance conversations with practitioners, and managing FPPE for low-volume and advance practice practitioners.
    Jon Burroughs, MD, et al
    Sharpen medical staff leadership skills with proven educational strategies and succession planning tools. Medical Staff Leadership Essentials: A Guide to Developing Leadership Skills and Recruiting the Next Generation delivers a step-by-step process for becoming an effective physician leader and training future leaders. Veteran and new physician leaders alike will gain valuable insight to help the medical staff develop, retain, and recruit a legacy of effective physician leaders.
    Jon Burroughs, MD, et al
    Real-world solutions to problem physician behavior Don t let disruptive physician behavior and impairment negatively affect your hospital s operations or put your patients, staff, and colleagues at risk. This resource will help you implement a sound program to manage impairment and prevent disruptive physician behavior.
    Jon Burroughs, MD, et al
    This resource combines the expertise of advisors from The Greeley Company and in-the-trenches hospital and medical staff leaders. You ll get real-world solutions to engage practitioners in medical staff activities and align them with hospital goals. Unlike other theory-based books, this resource provides tools and strategies that have helped your peers break the cycle of disengagement and apathy.
    Jon Burroughs, MD, et al
    Developed by trusted Greeley Company experts, the fourth edition of this concise guide will help you develop medical staff policies and procedures that comply with Joint Commission requirements and promote current industry best practices. Don t wade through lengthy manuals and Web sites full of outdated information.
    Jon Burroughs, MD, et al
    Move from reactive deals to shared costs and sustainable physician-hospital alignment. This edition provides fully updated strategies, tools, and step-by-step approaches from multiple ED call panel experts.
    Jon Burroughs, MD, et al
    Peer Review Best Practices: Case Studies and Lessons Learned will help you transform peer review theory into best practice. This book and CD-ROM set is built on contemporary peer review design and demonstrates how hospitals have used those theories to tackle real peer review challenges. Twenty case studies cover topics ranging from fixing your peer review system to tracking and trending data to reconciling peer review conflicts.
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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
    edward-dragan-photo.jpg
    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.
    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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    Howard Levinson, CPP
    President
    P.O. Box 240
    Norton MA 02766
    USA
    phone: 508-454-4494
    fax: Call For Number
    Howard-levinson-Expert-Security-Consulting.jpg
    Howard Levinson, CPP has been in the Security field for over 30 years. As the President of Expert Security Consulting, his firm provides services such as Risk and Vulnerability Assessments and Surveys and Security System Designs of new and existing private and public facilities. His diversified experience in Security has included Education Complexes, Banking, Retail, Commercial, Industrial, Distribution, Home Crime prevention, Investigations, and other related areas. Mr. Levinson has performed or directed consultations at over 200 client locations.

    Mr. Levinson has been a Security Expert Witness for over 12 years. He assists attorneys in preparing for liability cases and provides expert witness and forensic testimony in cases involving security and premise liability issues. Representing both Plaintiff and Defense, he has either consulted or testified in over 25 cases. He is available to provide clear, concise reports with documentation for all investigation requirements.

    Areas of Expertise Include:
    • Premise Liability
    • Security Negligence with Security System Design (CCTV, Access Control, Alarms, Lighting)
    • Risk and Vulnerability
    • Security Operations
    • Security Officer / Firm Negligence
    • Crime Prevention
    • Assaults and Attacks
    • Policy and Procedures
    • Theaters
    • Parking Lots
    • Schools / Education
    • Residential
    • Retail / Shoplifting
    • Hospitality - Bars and Restaurants
    View Consulting Profile.
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    Dr. Daniel B. Kennedy C.P.P., C.C.S.
    President
    1664 Rolling Woods Drive
    Troy MI 48098-4385
    USA
    phone: 248-641-0988
    fax: 248-641-0788
    Daniel B. Kennedy, Ph.D., is FCA’s principal consultant and is Board Certified in Security Management. Dr. Kennedy has had extensive specialized training in various aspects of Criminal Behavior, Policing Operations, Corrections Operations, and Private Sector Security Management. He specializes in crime foreseeability issues, appropriate standards of care in the security industry, and analyses of the behavioral aspects of proximate causation.

    Dr. Kennedy has testified in cases involving the appropriate standards of care for the use of deadly force, vehicle pursuits, emergency psychiatric evaluations, prisoner health care, prevention of prisoner suicide, positional asphyxia/excited delirium, and “suicide by cop.” He also evaluates numerous lawsuits concerning premises liability for negligent security in the private sector involving properties both in the U.S. and overseas.
    4/21/2014 · Criminology
    As is probably true for many of us in the workplace, my career has not turned out quite as I envisioned it would some 40 years ago. More specifically, as a beginning graduate student in sociology, I had no idea I would eventually practice forensic criminology or be in a position to write about what follows. In fact, I had never heard of forensic criminology (FC) until years later and, I believe, neither had my academic colleagues. It was only after I began to practice as a forensic criminologist and to identify myself as one that the parameters of this fascinating area of expertise began to reveal themselves more fully to me.

    3/10/2014 · Criminology
    Social scientists play an increasingly important role in the prosecution and defense of both criminal and civil matters before the courts. An expanding area of forensic sociology and criminology involves the analysis of crime foreseeability and security standards of care as they relate to the question of liability for negligent security. Criminologists analyze prior crimes at a location and consider the totality of circumstances in order to determine foreseeability.

    4/12/2012 · Criminology
    Criminal or offender profiling in one form or another has existed for many centuries. In more recent history, profiles have been constructed for such notorious criminals as Jack the Ripper, the Boston Strangler, the Unabomber, the Beltway Sniper, the Railway Rapist, the Mad Bomber, and the Green River Killer, all with varying degrees of validity.

    4/6/2009 · Criminology
    In ancient Rome, a forum was a public place where important governmental debates were held. Sometimes it was a town square or even a marketplace. Gradually, the forum also became a sort of public ‘courthouse,’ where various trials of importance to the citizenry were held

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    Mark A. Smith, MD, MBA, FACS, FACHE, CPHQ
    747 Camino Norte
    Palm Springs CA 92262
    USA
    phone: 760-275-8204
    HG-Healthcare-logo.jpg
    Mark Smith Medical Management Expert PhotoMark A. Smith, MD, MBA, FACS, FACHE, CPHQ, is an independent senior Healthcare Consultant and a Practicing Vascular Surgeon as a Clinical Assistant Professor of Surgery at the University of California, Irvine.

    Dr. Smith previously served as the Chief Medical Officer with Morrisey Associates Inc/ Morcare LLC for six years. He is a member of HG Healthcare Consultants LLC. Dr. Smith brings over 30 years of clinical practice and hospital management experiences to his work with physicians and hospitals across the United States. He is Board Certified in Vascular Surgery and is a Fellow of the American College of Surgeons, the American College of Healthcare Executives. He is a member of the American College of Physician Executives, the Society for Vascular Surgery and the Southern California Vascular Surgical Society.

    Litigation Support - Dr. Smith provides expert witness services to attorneys representing plaintiff and defendant. His decades of clinical practice as a surgeon and multiple roles in senior hospital administration to his work on peer review, credentialing, ED call, and other matters involving physicians and hospitals across the United States. He has testified several times in the past 5 years.

    Areas of Expertise:
    • Physician Credentialing
    • Physician Peer Review
    • Negligent Credentialing
    • Negligent Peer Review
    • Patient Safety
    • Healthcare Quality
  • Performance Improvement
  • Fair / Judicial Hearings
  • Medical Staff Affairs
  • Medical Conflicts of Interest
  • Physician Integration / Alignment
  • Physician Conduct
  • View Dr. Smith's Consulting Profile.
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    John Villines, MS, ICPS, PCI, CPP
    Member, State Professional Licensing Board
    431 Amys Ford Trail
    Cleveland GA 30528
    USA
    phone: 770-451-0000
    John-Villines-Security-Expert-Photo.jpg
    John C. Villines is a Certified Crime Prevention Specialist and a Board Certified Security Manager. He has been a Security Consultant, Author, Seminar Presenter and Expert Witness since 1979. Mr. Villines' clients include Fortune 100 corporations.

    Education: M.S. Security Management (08); Georgia State University: College of Law (82-85); B.S. Crim Justice (82)

    Areas of Expertise:
    • Security Negligence
    • Foreseeability
    • Negligent Investigations
    • Policies
    • Procedures
    • Standard of Care
  • Management and Supervision
  • Training
  • Personal Safety
  • Threat Assessment
  • Access Controls
  • Crime Prevention

  • Venues: Malls, Office Buildings, Hotels/Motels, Apartments, Retail, Parking Lots, Government Buildings, other.

    Member:
    • International Association of Crime Analysts
    • International Society of Crime Prevention Practitioners
    • American Society of Criminology
    4/19/2011 · Security
    As security professionals, we are accustomed to identifying assets and protecting them.

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    J. Patrick Murphy
    President
    30830 Raleigh Creek Dr
    Tomball TX 77375
    USA
    phone: 713-899-2402
    J-Patrick-Murphy-photo.jpg
    J. Patrick Murphy has over 40 years of experience in Law nforcement, Security Management, and Corporate Loss Prevention. Mr. Murphy's background as a Fortune 50 company security director provides a strategic view of operations, security planning, and liability. His continuing education in the area of security case law and his unique approach to investigating cases make him a valuable Security Expert Witness to any litigation team. His hands on approach and advice during the discovery phase of the case can often be pivotal in determining the ultimate outcome.

    Mr. Murphy provides Security Expert Witness testimony for plaintiff or defense in a broad area of security liability. He specializes in Crime Analysis to establish Foreseeability and to determine the Reasonableness of security measures. Mr. Murphy has extensive litigation experience opposing Wal Mart. Plaintiff 60% Defendant 40%

    Areas of expertise:
    • Premises Liability and Inadequate Security - apartment communities, bars and Other adult Entertainment venues, malls and shopping centers, parking garages / lots, motel, restaurants
    • Retail Loss Prevention - hiring, training and supervision, false arrest, shoplifting, excessive use of force, death during apprehensions, false imprisonment, employee theft, wrongful termination in malls, and major retail settings
    • Bouncers, Bars, Nightclubs, and Security Guards - mall security, shopping center security, proprietary and contract security guards and off duty police
    • Insurance Casualty Claims - adequacy of security hardware such as burglar alarms, robbery alarms, closed circuit television (CCTV), fencing, fictitious pickups of goods and cargo theft at warehouses and distribution centers
    12/17/2013 · Security
    Authors note: I am a nightclub security expert witness. I've never worked in a bar. What qualifies me as an expert is my decades-long experience in security management. Security personnel are known under many different titles such as, most commonly, bouncers but they are also called ushers, greeters, door men, crowd control specialists, etc. The truth, however, is that there are basic tenants to any security program, regardless of business environment, and bars and nightclubs are no different with the exception of alcohol. Bouncer = Security.

    11/14/2012 · Security
    Employee theft is nearly 50% of the losses for retailers. It's a $600 Billion crime across the nation for all businesses and growing. Employers are sometimes reluctant to discuss this topic or even acknowledge its existence but to adopt that approach will lead to financial disaster.

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    John M. White, CPP, CHPA
    Offices in Ohio and California
    All States (Except TX) USA
    phone: 877-686-5460
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    John M. White, CPP, CHPA is Board Certified in Security Management; Certified Protection Professional (CPP); Certified Healthcare Protection Administrator (CHPA); and a Published Author.

    Mr. White has been a professional security practitioner, security consultant, and expert witness since 1999. He has over 40 years of experience in Corporate Security Management and Law Enforcement and Security consulting, including physical security, security operations, regulatory compliance, & security training. Prior to forming Protection Management, LLC, Mr. White served a distinguished career in law enforcement, corporate security, and the military.

    As a security consultant, Mr. White has developed and/or assessed security programs involving multi-unit residential properties, hotels/motels, homeless shelters, tourism services, places of worship, retail stores, high rise office/residential buildings, food services, entertainment services, healthcare services, hospitals, long-term care facilities/assisted living, parking facilities, college campuses, lounges, and other commercial properties.

    In 2013, Mr. White was approached by publisher Butterworth-Heinemann and asked to write a book on security risk assessments. That book, titled: Security Risk Assessment – Managing Physical and Operational Security was published in July 2014 and is available online through numerous bookstores.

    Litigation Support - Mr. White has been retained by law firms representing plaintiffs and defendants in negligent security, premises liability, and use of force lawsuits in the field of security. His services include case consultation, document review and analysis, deposition, arbitration and mediation, and trial testimony when necessary.

    Areas of Expertise:
    • Crime Prevention
    • Emergency Preparedness
    • Healthcare Security
    • Premises Security Issues
    • Security Risk Assessments
    • Security Audits
  • Security Training
  • Security Management
  • Security Program Development
  • Security Policies
  • Use of Force
  • Workplace Violence
  • View John White's Consulting Profile.
    John M. White
    This is the most up-to-date and comprehensive resource available on how to conduct a thorough security assessment for any organization. A good security assessment is a fact-finding process that determines an organization’s state of security protection. It exposes vulnerabilities, determines the potential for losses, and devises a plan to address these security concerns. While most security professionals have heard of a security assessment, many do not know how to conduct one, how it’s used, or how to evaluate what they have found. Security Risk Assessment offers security professionals step-by-step guidance for conducting a complete risk assessment. It provides a template draw from, giving security professionals the tools needed to conduct an assessment using the most current approaches, theories, and best practices.
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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
    jean_seawright_photo.jpg
    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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    Howard B. Wood
    2352 Tuscavilla Rd.
    Tallahassee FL 32312
    USA
    phone: 850-906-0516
    fax: 850-894-6494
    Howard-Wood-Security-Premises-Liability-Expert-Photo.jpg
    Howard B. Wood, President of Securcorp, Inc., is a retired former Special Agent with the United States Secret Service. He spent over 27 years with the Secret Service. During the past 13 years, he has worked in the private sector as a security consultant and as an expert witness in Premises Liability and Negligent Security cases.

    Litigation Support - A security expert witness with over 35 years in the security industry, Mr. Wood has conducted over 100 Security Surveys and has testified over 1,000 times. He provides forensic security expert witness services, litigation support, security expert witness testimony, and security training to clients in the U.S. and overseas. His services also include witness location and interviews. Mr. Wood's expertise is available to attorneys representing both Plaintiff and Defendant.

    Premises Liability Expertise:
    • Buildings
    • Hotels
    • Banks
    • Apartment Complexes
    • Office Buildings
    • Cruise Liners and Ports
  • Parking Lots
  • Garages
  • Restaurants
  • Bars
  • Security Guards
  • Shopping Malls
  • Association:
    • American Society for Industrial Security
    • Association of Former Special Agents of the U.S. Secret Service
    • Illumination Engineering Society of North America
    • National Associates of Legal Investigators
    CV Available Upon Request.

    View Howard Wood's Consulting Profile.
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    Lance Foster, CPP, CSC
    13814 Egret Ln.
    Clearwater FL 33762
    United States
    phone: 813-254-3654
    fax: 813-251-2210
    Profile: Mr. Foster has over 25 years experience in corporate security management, law enforcement and security consulting, including physical security, security guard operations,regulatory compliance, security training, and the purchase and maintenance of security equipment. As a consultant, he has developed and/or audited security programs involving financial institutions, multi-unit residential properties, hotels/motels, retail stores, high rise office buildings, shopping malls, parking facilities, college campuses, lounges, jewelry stores, truck stops and other commercial properties. He is frequently retained as a litigation consultant by law firms representing plaintiffs and defendants in negligent security lawsuits. He has testified at trial as an Expert Witness in the field of security on numerous occasions.

    Mr. Foster has served as a detective with assignments in burglary, auto theft, and homicide and as the Vice President for security for a state-wide bank. He has been an adjunct instructor at two colleges teaching courses in criminology, criminalistics, criminal justice management and computer fraud. He has made numerous presentations to national security, banking, business and consulting associations and groups on a variety of security-related topics, including negligent security and risk analysis.

    Services: Risk Assessments; Security Surveys and Assessment; Financial Institutions Security (ATMs, after-hour depositories); Litigation Avoidance; Litigation Consulting / Expert Witness Services.
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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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    Michael J. Canaan, CPP CFLC
    President
    Post Office Box 5909
    Kent WA 98064-5909
    United States of America
    phone: (253) 852-7000
    Michael-Canaan-Forensic-Security-Expert-Photo.jpg
    Michael J. Canaan, CPP CFLC is a Forensic Security Management Expert Witness with over 38 years of experience in Military and Civil Law Enforcement, Corporate and Private Investigation professions. He has conducted investigative, security risk and threat assessment services throughout North America, to include Alaska and Canada, as well as, several countries in Central and South America for individuals and corporations in residences, educational settings, on corporate campuses, and large venue events.

    Mr. Canaan provides forensic security management expert services in three categories:

    SECURITY: premises liability; inadequate security; negligent hiring and retention; inadequate supervision and training; excessive or improper use-of-force; foreseeability; security policies and procedures; targeted violence mitigation and violence risk management; executive protection.

    DETECTION CANINE OPERATIONS: methodology; deployment; training.

    INVESTIGATIONS: internal investigations; employee misconduct; due diligence; stalking; threat analysis; surveillance; covert video; personal injury and worker’s compensation insurance fraud.

    In June 1997, the American Society for Industrial Security awarded Mr. Canaan the security profession's highest recognition of practitioners, the Certified Protection Professional. This Board Certification in Security Management is based upon experience and passage of examination that provides an objective measure of an individual's broad-based knowledge and competency in security management.

    In July 2015, Mr. Canaan was awarded the Certified Forensic Litigation Consultant credential by the Forensic Expert Witness Association denoting that he has met the eligibility criteria in the completion of numerous educational courses in the subjects of forensic analysis, ethics, testimony, litigation consulting and expert witnessing.

    Since 1991, Mr. Canaan has served as President of Trident Investigative Service, Inc. He is a former Washington Certified Police Officer and Narcotics Detector Dog Handler.

    Mr. Canaan is certified instructor in related disciplines and maintain active membership in numerous professional associations. BA in Criminal Justice.

    View Michael Canaan's Consulting Profile.
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