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Welcome to the inaugural issue of our monthly newsletter dedicated to keeping you current on Education Law and related issues. We hope you enjoy our letter and find the contents valuable to you and your clientele.
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| Jennings v. University of North Carolina, (C.A.4 (N.C.)) |
April 13, 2007
A male university soccer coach's alleged persistent, sex-oriented discussions, both in team settings and in private, including inquiries about his team members' sex lives, if proven, constituted sexual harassment of a female player based on her sex, as required for liability under Title IX. Furthermore, his behavior, if proven, was sufficiently severe or pervasive to create a hostile or abusive environment, given, inter alia, his power and influence as the most successful women's soccer coach in United States college history, and the age disparity between the coach and his players. |
| Lindsey v. Caddo Parish School Board, (La.App.2Cir.) |
April 15, 2007
The actions of a high school's security coordinator in taking a student into the boys' bathroom and asking the student to fold down his waist band to see if the student had money, which was missing from another classmate's purse, were reasonable and did not amount to an unconstitutional search under Louisiana law. Had the officer not removed the student to the boys' bathroom for the search, there likely would have been complaints about having his waistband searched in front of the ladies who were present. |
| Link v.Quogue School District, (N.Y.A.D.2Dept.) |
April 15, 2007
A school district's alleged failure to provide adequate supervision was not a proximate cause of a student's injuries. The incident which allegedly caused the student to sustain psychological trauma occurred in so short a period of time that even the most intense supervision could not have prevented it. |
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I am committed to providing individualized service to our clients while dealing with large and complex consultations quickly and professionally whether it involves expert testimony, school reviews, or working with parents or schools to ensure children receive the appropriate education. I take pride in the fact that we respond to our client's needs personally and promptly. We continue to strive to combine the resources of a large firm with the personal consultant-client rapport of a small practice.
Sincerely,
Edward F. Dragan, Ed.D.
Founder and Principal Consultant
Education Management Consulting, LLC |
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| May Feature Article |
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Experts and Lawyers: Team for Results
"Have I thought of all the angles in this case?" "What if my opposition knows something of a technical nature that I don't?"
A lawyer is considerably ahead by recognizing that a consultant can greatly aid the case. Based upon my experience as an education expert and the relationships that have been developed with over 400 law firms, I would like to offer a few observations that will enhance the role of the consulting expert. In a team approach with lawyers, we have worked on cases involving school liability, school evaluations in custody issues, teacher dismissal issues, and dozens of other areas involving schools and education.
Recognize the Need
Lawyers need to recognize the need for a consultant early on. They should engage a qualified consultant as soon as possible.
Choose the Right Expert
The lawyer should look for a consulting expert with a broad track record. Actual work experience in the field is more impressive and important than primary experience in academia. The court is more likely to listen to opinions based on real-world experience than opinions based on theory.
Develop a Partnership
The lawyer should review the case in detail with the consultant, share the basic documentation, and ask for an initial reaction.The attorney must be made immediately aware if other points need to be researched and if additional discovery is needed.
Lastly, make sure you and your consulting expert have sufficient time to do a professional job and not risk making errors by rushing to meet deadlines.
Other relevant articles are available on our website.
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