Dr. Randall Atlas AIA , CPP is a Registered Architect, NCARB certified, and he practices Criminal Justice Architecture and Environmental Security Design. Atlas is a certified protection professional (CPP) with the American Society of Industrial Security (ASIS), and is an appointed member of the ASIS Security Architecture and Engineering Committee. Atlas has his doctorate in criminology and a masters of architecture. Dr Atlas is a member of the American Institute of Architects (AIA) Architecture for Justice Committee.
Dr. Atlas has taught CPTED (Crime Prevention through Environmental Design) and criminal justice courses at Florida International University, Florida Atlantic University, and the University of Miami, Keiser University, and he is a trainer with the National Crime Prevention Institute at the University of Louisville. Dr. Atlas has been a technical Assistance consultant with the National Institute of Justice, National Institute of Corrections, and the Florida Department of Corrections and U.S. HUD Drug Elimination CPTED Program.
He has conducted ADA accessibility compliance audits for private and public sector clients, and served as an expert witness on over 200 premises liability lawsuits.
Dr. Atlas has been a speaker and trainer at security conferences from New Delhi, India to Seattle, Washington and has written over 200 articles in various publications on security, safety, and counter terrorism issues.
BETWEEN LATE 2009 AND MARCH OF THIS YEAR, a national baked goods chain with franchises in Broward County, Florida, experienced a series of nighttime burglaries that resulted in thousands of dollars in stolen cash and damaged property.
When it comes to the issue of safety in schools, it is important to remember that long before the students walk the halls, a design team creates the building and its grounds, envisioning the subsequent relationships with its occupants.
This is the first and only book of its kind dedicated to the contributions and importance of Crime Prevention Through Environmental Design (CPTED). It will educate the reader and design professional on the necessity of CPTED in reducing risks, threats, and vulnerabilities of and to our built environment post-9/11…
Michael J. Fagel, PhD, CEM has over 30 years of broad based experience in a variety of fields relating to Crisis Management & Recovery, Consequence Management & Emergency Management. Dr. Fagel has spent nearly four decades in emergency response. He has been in all phases of public safety, law enforcement, emergency management, fire rescue, and emergency medical services. He has served the US Government at FEMA, the Department of Justice, Defense Department, Department of Energy and Department of Homeland Security. Dr. Fagel also works on Emergency Management and safety missions internationally.
Dr. Fagel has served as President of Region V, IAEM, as well as Vice-Chair of the Certified Emergency Managers Commission of IAEM. He has been a course developer for DHS as well as an instructor at several universities in their Emergency Management and Homeland Security master’s programs. He currently teaches Industrial Safety and Emergency Medical Services at several college locations and guest lectures at various professional trade conferences throughout the country. Dr. Fagel's team at Aurora Safety has taught for organizations that include The National Domestic Preparedness Consortium, Louisiana State University, TEEX, Yale, Johns Hopkins, Harvard, Yale, and many more.
Schools, campuses, houses of worship, recreational sites, transportation hubs, retail facilities, those thoughts ring out day after day. Replay in your mind’s eye the horrific images of Columbine High School, Virginia Tech, Northern Illinois University (Valentine’s Day), Aurora Colorado movie theater, Sandy Hook Elementary School
At schools, campuses, sporting events, and retail facilities, those thoughts ring out day after day. We have watched with horror the increasingly more frequent news of violence at establishments we once thought "safe" from wanton violence. One has to just scan the news to see that no place is immune from any type of random act that injures or kills innocent civilians, be it a movie theater, retail mall, sporting event, school, or church. In this column, let's take a look at a few basic elements.
Emergency managers and officials have seen a tremendous increase in the planning responsibilities placed on their shoulders over the last decade. Crisis Management and Emergency Planning: Preparing for Today's Challenges supplies time-tested insights to help communities and organizations become better prepared to cope with natural and manmade disasters and their impacts on the areas they serve.
This book offers preparedness and mitigation recommendations for advanced emergency planning. Because disasters are so unpredictable, advance planning is needed to effectively respond to and mitigate against the potential effects of such events. More than a dozen contributors offer their professional expertise on a wide variety of topics.
This book provides a clear and up-to-date understanding of how an EOC should operate within the guidance of various federal and national programs. It discusses the processes and systems that must be considered in emergency planning and preparedness efforts, and provides time-tested tips for those developing and revising emergency preparedness plans.
Dr. William L. Bainbridge, Ph.D., FACFE, is a Forensic Education Expert with extensive experience in School Related Accidents, Incidents, Sexual Abuse, Sexual Assault, Sexual Harassment, College Athletics/Sports Injuries and Title IX compliance. He is court qualified in Schooling, Education Standards, Policies, and is considered to an Expert in over 35 states.
Dr. Bainbridge currently serves as President and CEO of the SchoolMatch® Institute and as a Distinguished Research Professor at The University of Dayton.
Richard D. Morman, CPP, CSSP, PPS, CSC, is a career Public Safety veteran. He served with The Ohio State University Police Division for over 29 years, retiring as the Deputy Chief of Police, a position he held for 10 years. Mr. Morman's experience includes 22 years in supervision and management. He has extensive experience in special event security planning and management, executive protection, threat assessment teams, and policy and procedure development. Mr. Morman has been responsible for the coordination of multiple, state, federal, and local agencies involved in protecting critical assets. Previously held a secret security clearance and was the Terrorism Liaison Officer for University police. He also served on the executive committee for the Central Ohio FBI Joint Terrorism Task Force. Mr. Morman has been involved in planning and coordinating executive protection details involving United States Presidents, Presidential candidates, visiting foreign heads of state, and other visiting dignitaries. He has developed training, coordinated, and instructed in a 40 hour Executive Protection Training program. Mr. Morman speaks, delivers presentations, and offers training seminars and webinars on Security topics around the country, including special event security, executive protection, and workplace violence, among others. Mr. Morman holds four professional certifications, Certified Protection Professional (CPP) designation from ASIS International, Certified Sports Security Professional (CSSP) as designated by the National Center for Spectator Sports Safety and Security (NCS4), Certified Personal Protection Specialist (PPS) as designated by the Executive Protection Institute, and Certified Security Consultant (CSC) as designated by the International Association of Professional Security Consultants.
Consulting Services - Mr. Morman provides Security and Safety Consulting services for commercial properties, educational institutions, entertainment and large public venues, government, parking garages and lots, residential properties, restaurants, bars, and nightclubs, retail, and travel meetings.
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.
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.
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.
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.
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
Practicing Forensic Criminology draws on examples from actual court cases and expert witness reports and testimony to demonstrate the merits and uses of substantive criminological knowledge in the applied setting of civil law and the courts. Throughout the book, the authors provide a highly readable, informative discussion of how forensic criminologists can apply their research and teaching skills to assist judges and juries in rendering legal decisions.
Building Systems Engineering Consultant John Hatcher
John Hatcher is an industry leader in Building Systems Engineering including, Security, Building Automation Systems, Fire Alarm Systems, Intelligent Building Concepts and Commissioining. He has worked on some of the most prestigious facilities in the world including the Americas, Europe, Middle East, Russia, India and Southeast Asia.
David Wolowitz, JD is an Education Law Attorney with 40 years of extensive experience advising schools on the current and past standard of care for protection of students from harm by other students, educators, and third parties.
Mr. Wolowitz regularly presents to national organizations, including the National Association of Independent Schools (NAIS) ,the Association of Boarding Schools (TABS), and the National Business Officers Association (NBOA). He has presented to international organizations, including the European Council of Independent Schools (ECIS) and the East Asia Regional Council of Overseas Schools (EARCOS).
In 2018, Mr. Wolowitz gave over 30 presentations and trainings in 10 states and advised international schools in Japan, Taiwan, Jordan, Italy, Spain, France and Liberia. He is the author of numerous articles relating to creating a safe school culture and is known for his practical approach to complex issues.
Mr. Wolowitz often serves as a consultant to schools and organizations, including K-12, sports clubs, camps, and churches experiencing critical incidents relating to misconduct which has harmed students. Consulting services include:
Coordinating and overseeing of third-party investigations
Advising administrators and boards on how to respond to complaints of misconduct responsibly, giving consideration to transparency, accountability, and equity
Conducting child safeguarding audits to help schools and their boards determine whether a school is meeting current standards of care for child protection
Recommending improvements for safer school cultures
Protection Management, LLC provides objective and independent Security Consulting Services for corporate and government organizations. Their clients are leaders in their respective industries, as well as small and medium sized businesses in many sectors, including: Education, Retail, Tourism, Government, Hospitality, Transportation, Healthcare, Distribution Centers, and Entertainment Industry among others.
Crime Prevention Through Environmental Design
Emergency Planning / Disaster Recovery
Fire / Life Safety
Loss Prevention / Shoplifting
Physical Security Surveys
Security Operations (personnel, policies, etc.)
Security Risk Assessments
Terrorism / Counter Terrorism
Threat and Crime Analysis
Travel / Meeting Security
Principal, John M. White, CPP, CHPA is Board Certified in Security Management, a Certified Protection Professional (CPP), and a Certified Healthcare Protection Administrator (CHPA).
Mr. White 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.
Author - Mr. White is also a published author. In 2013, he 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.
Speaker - An invited speaker and guest lecturer, Mr. White has delivered speeches to such entities as ASIS International, the International Association for Healthcare Security & Safety, the International Association for Professional Security Consultants, and the Society for Human Resource Management. Topics for discussion have included:
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.
Child Protection Strategy Consultant R Leslie Nichols MSSA CPP
R. L. Nichols & Associates, LLC specializes in the protection of children within schools and other youth-serving organizations. We develop practical, sustainable strategies for organizations to improve their safety, security and emergency preparedness by identifying the organization's vulnerabilities to a wide range of risks that are specific to youth-serving organizations, such as:
active shooters and weapons violence
acts of terrorism
sexual abuse, bullying and harassment
workplace violence and street crimes
fatalities and severe injuries from common hazards and conditions
We consult with organizations in three ways:
1. Telephone and video consultations. We offer any school or youth-serving organization a free, no-obligation, consultation to discuss your needs.
2. Safety Master Plans. Working with your organization, we develop a true roadmap for continued child and staff safety improvements over multiple years. Our comprehensive Safety Master Plan typically includes:
An audit of your existing safety-related policies, procedures and other documentation
Interviews with key staff who are responsible for various aspects of safety
On-site assessments of your buildings and grounds
Photographic and written documentation of your organization’s safety efforts that should remain
Photographic and written recommendations for improvement
Timeline for executing proposed changes
Cost projections for physical safety and security improvements
3. Procurement Strategies. We can facilitate the competitive procurement of security technology, software systems through security-related vendors and we can consult with your architects and engineers on the security aspects of new construction and renovations.
Virginia Rhodes, EdD has over 35 years experience in Urban School District Policy, School Development, Administration and Teaching. Dr. Rhodes' specialties include persistently failing city schools, new school start-ups, intentional school design
District and individual school strategy for equity
Replacing factory model district & school structures with highly engaging models
Replacing punitive discipline with developmental systems
*STEM start-ups and environmental school design
Innovative teacher hiring, and teacher-led school models, including in districts with collective bargaining
Replacing toxic district or school culture with human-friendly models
Effective school security and safety--beyond electronics to the human side
Collaborating with community grassroots organizing partners
Background - Dr. Rhodes has provided consulting services to an international firm on certain aspects of U.S. public school practices prior to their exploration of a related market sector. She acted as a consultant to the University of Cincinnati Career Center assisting in the development of pre-service teacher hiring expectations. Dr. Rhodes was retained by Cincinnati Children’s Hospital Medical Center to co-investigate a study for mental health and achievement factors related to excessive student mobility.
As a consultant on AdvancedEd School Accreditation Teams, she has evaluated high school performance. Dr. Rhodes has researched and written numerous articles on school mobility, achievement, culture, and STEM (NSF). She has conducted numerous training workshops and spoken on urban school district policy and other related topics to various community groups and national educational organizations.
What does it take to improve science performance in an inner-city high school? Could a science "immersion" strategy change motivation and interest in science? How can we meet a key strategic goal of our urban district: "All students graduate and are prepared for postsecondary education, successful careers and productive citizenship."
Creative professionals in team-based work settings value work communications skills among their colleagues. As public schools create professional learning communities and experiment with teacher-led curriculum and program development, traditional interview processes may prove inadequate for these new collaborative environments. New and creative selection models may be needed to enable teacher or other professional teams to choose candidates with the 21st century skills needed for success. In public sector environments, work rules are often highly developed and professionals are entitled to interview. Qualifications, training, experience and seniority as determinants often get reduced to transfer rights using seniority as the main or only criteria. This trend detracts from creating a competitive environment in which to attract & retain a high-quality teaching staff. Solutions can be found within existing contract parameters, however, if the attributes necessary to teach 21st Century skills are actually required to be demonstrated, not just described, in the interview process.
Critical to a dynamic STEM school is a high level of instructional rigor. While this is true in all STEM schools, it is a particular challenge in those programs that serve populations inexperienced with high levels of rigor in their previous coursework.
Establishing a STEM High School (Science, Technology, Engineering, & Mathematics), and the Aiken Environmental, Ohio's first public environmental high school proved to be successful strategies to increase student engagement and raise standardized scores in science. High-poverty urban students from declining academic and disciplinary environments produced significant gains on science test results and credit attainment towards graduation. Using multiple overlapping rigor and SEL strategies, students experienced "science immersion," project-based learning, and a social-emotional curriculum that emphasized personal development and team/community-building skills.
Risk and Threat Analysis Management, LLC is a recognized leader providing Investigations, Security, Emergency Management, Executive Protection and Fire Safety consulting services. Their services have helped law firms, healthcare facilities, educational institutions and and individuals mitigate risk, and ensure regulatory compliance with Federal and State agencies.
Risk and Threat Analysis Management professionals possess years of investigative, executive protection, law enforcement, private security, fire safety and emergency management within project management experiences that guide clients as they manage threats around the world. They are prepared to provide proactive threat analysis, protection, consulting, investigations, and security training.
Emergency Management / Planning
Security Management / Planning
Fire Safety Management
Child Predator Protection
Infiltration / Red Cell Surveys
Principal, Alan J. Robinson, brings over 35 years of Security / Law Enforcement experience to the security, safety, fire safety, emergency management field. Mr. Robinson is a former Supervisor, Protection Services for Disney-ABC, Inc. in New York, where he coordinated the security of millions of dollars in equipment for both Reagan Presidential Inaugurations. While at Disney-ABC, he was credited with creating the first hostage negotiation training class after an incident at ABC News in Washington, D.C.
For the past 25 years, Mr. Robinson has been the Director of Protection and Security Services/Emergency Management for Atlantic Health System; a hospital system based in New Jersey where he manages: Public Safety and Security, Fire/Life Safety, Emergency Management, Investigations, and Special Events for a healthcare system that approximately 10 million square feet of physical plant and campus, spread throughout New Jersey.
Mr. Robinson directly and indirectly manages over one-hundred (100) security officers, investigators, fire safety officers, emergency management officers, and contract law enforcement officers. He has successfully navigated numerous external agency regulatory compliance surveys including those from the “Joint Commission,” State Department of Health, New Jersey Office of Homeland Security, and New Jersey Office of Counter-Terrorism.
Timothy A. Dimoff, CPP, is a nationally recognized authority, consultant, author and trainer offering total package solutions relating to employee issues including workplace violence, substance abuse, management training, FLMA /discrimination issues, bullying, sexual harassment, documentation procedures, liability reduction, hiring/firing and pre-employment screening procedures, corporate investigations, internal theft, and security analysis/vulnerability assessments.
As founder and president of SACS Consulting & Investigative Services, Inc., one of the nation’s leading security consulting firms, Mr. Dimoff has over 40 years of experience in Security and Human Resource matters serving both the public and private sectors. He is multi-certified in the security field. He is board certified by ASIS as a Certified Protection Professional (CPP?) which is internationally recognized as the “gold standard” certification for security management professionals, demonstrating their knowledge and competency in seven key domains of security.
Mr. Dimoff is also an A.L.I.C.E Certified (Alert, Lockdown, Inform, Counter, Evacuate) Training instructor; a member of InfraGard, a joint professional organization between the FBI and security professionals to work collectively against crime, terrorism and to improve educational abilities and knowledge for the private sector; a member of NOITR, a joint professional organization between the Secret Service and IT security professionals to work collectively against crime, terrorism and improve educational abilities and knowledge for the private sector with emphases in the IT and internet areas; and is a member of the American Society for Industrial Security (ASIS).
Mr. Dimoff has written dozens of security-related articles and has authored four books. He also provides media commentary and profiling analysis for TV, radio, internet and print media worldwide. He holds a Bachelor of Science Degree in Sociology with an emphasis in Criminology from Denison University.
Areas of Expertise:
Security / Law Enforcement Policies and Procedures
Medical marijuana is now legal in many states and many other states are considering legalizing it. This creates a host of issues and questions, legal and otherwise, that employers must address. This also affects workplace issues and policies. And since each state is different, how do you know how your state laws vs. federal laws affect the issue? It is confusing but this is an area where it is critically important to understand and to act accordingly.
School shootings - church shootings - road rage – bullying - workplace rage. We are so angry! It seems as if there are no boundaries anymore. Have we completely forgotten how to deal with life’s setbacks in a civilized manner? Have we become a world full of life’s rages
It began with "Road Rage" and quickly expanded into "School Rage", "Work Rage", "Air Rage", "Anti-government Rage" and "Anti-business Rage." . . . Life Rage examines these rages...their causes and effects, and offers hope and solutions. Americans can come together and make our lives and businesses safer and better.
This book reveals a darker, grittier side of American culture that many people never see. Readers will be stunned by the impact drug abuse has in our homes, our workplaces, schools and even on the athletic field. A must-read for anyone who needs to be able to spot the signs of drug abuse or stop it before it begins.
This fun-to-read book is for anyone who manages or owns a small business. Filled with real-life in-the-trenches stories, you will gain exciting insights into the fundamentals of building a business from the ground up. You will also learn how to develop long-lasting customer relationships to grow your business and place it on the fast track to success.
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.
Sexual behaviors in young children can range from exploratory and normal to abusive and violent. Under federal law, the Title IX of the Education Amendments of 1972, schools have an obligation to protect children from inappropriate sexual behavior, including child-on-child sexual abuse. This obligation can be complicated when the allegation involves five-and-six-year-old children, for whom touching body parts and viewing private areas may be considered normal sexual behavior. The issue faced by school administrators and attorneys who litigate claims of child-on-child sexual abuse involving young children is whether touching falls under normative or problematic child sexual behavior.
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.
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.
All Sawyer wanted to do was to protect himself from bullies and the mean kids in middle school. He wrote to his guidance counselor, "I would like to let you know that the bullying has increased. I would like to figure out some coping mechanisms to deal with these situations, and I would just like to put this on file so if something happens again, we can show that there was past bullying situations."
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.
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.
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.
When empathy is lost, the wall between parents and school personnel grows taller and reinforcements are called in --the lawyers. This article explains how you can stop focusing on the wall. Change the attitude and move forward with the child at the center.
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.
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.
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.
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.
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.
Roy G. Taylor is a current Chief of Police with over 40 years of experience in a wide-range of federal, state, local, and private criminal justice positions. He delivers comprehensive and intelligent Law Enforcement and Security Services to federal, state, and local governments, and is authorized to work on private or government properties including parks, any government owned buildings, land, public housing communities, hospitals, schools, or similar areas.
Dr. Taylor's experience and expertise includes use of force and firearms instruction; recruiting, selection and assignment; employee supervision, evaluation and retention; curriculum development; policies and procedures design and implementation; canine utilization; budgeting; public relations; and emergency management.
Chief of Police Blue Ridge Public Safety (2014)
President/CEO Signal 88 Security of Charlotte (2012)
President/CEO Capitol Special Patrol (2012)
Chief of Police Capitol Special Police (2002)
LT. Colonel – Provost Marshal, Army National Guard (2000)
Antiterrorism / Emergency Management Branch Chief DoD (2007)
Provost Marshal Joint Civil Support Task Force, Joint Chiefs of Staff (2014)
TRIDENT INVESTIGATIVE SERVICE, INC., founded in 1991, provides Professional Investigative, Detection Canine, and Security Consulting Services for law firm, insurance company, and corporate clients offering the following services:
Founder, Michael J. Canaan, CPP CFLC is a Forensic Security Management Expert Witness with over 40 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.
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 a certified instructor in related disciplines and maintains active membership in numerous professional associations.
Mr. Canaan has a Bachelors Degree in Criminal Justice from Washington State University.