Anatomy of a Lawsuit: What Every Education Leader Should Know About Legal Actions

Anatomy of a Lawsuit: What Every Education Leader Should Know About Legal Actions

By: Dennis R. Dunklee (author), Robert J. Shoop (author)Paperback

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Our society has always been drawn to the subject of jury trials with a mixture of fascination and anxiety, and we often tend to associate the jury process with criminal trials. In real life, including the world of public, private and parochial education, school leaders are much more likely to get involved in a civil trial. This generally means a case involving liability for alleged negligence. However, school leaders are not immune from involvement in criminal actions. A few examples of the hundreds of situations in which school leaders have recently been involved as defendants, plaintiffs, witnesses, or respondents include: o Criminal defendant: sexual assault o Civil defendant: employment discrimination o Criminal plaintiff: coach assaulted by parent o Civil plaintiff: teacher alleging defamation o Character witness: student seeks diversion agreement o Factual witness: administrator passing in hallway when science lab explodes o Respondent to interrogatories: principal required to compile and produce employment records, curriculum guides, test scores, and more o Consulting expert witness: school leaders helping attorneys understand high-stake testing procedures o Testifying expert witness: explaining proper methods of instruction in the use of industrial art shop equipment The book examines similar situations and others that have arisen out of, or due to, civil or criminal negligence on the part of school leaders, and provides examples, some of which were handled correctly with positive outcomes and others in which specific errors caused significant problems.

About Author

Dr. Robert J. Shoop is Professor of Education Law and Senior Scholar in the Leadership Studies Program at Kansas State University. He has served as a teacher, community education director, and principal, and he was the Ohio State Evaluator of Student Rights and Responsibilities. He is the author or coauthor of more than one hundred journal articles, fifteen books, and several monographs and book chapters on various legal issues. His most recent books are Virtuous Leadership (2004); Sexual Exploitation of Students: How to Spot it and Stop It (2003); Leadership Lessons from Bill Snyder (1998); Sexual Harassment Prevention (1997); Sexual Harassment on Campus: A Guide for Administrators, Faculty Members, and Students (1996, co-edited with Dr. Bernice Sandler); and How to Stop Sexual Harassment in Our Schools (1994). He is also the co-producer of a number of video programs on eliminating sexual harassment. These productions have received national and international recognition, including First Place Award, 1996 National Council of Family Relations Annual Media Competition; 1996 Gold Award of Merit, Houston Film Festival; and 1995 Golden Camera Award, International Film and Video Festival. Dr. Shoop is the 1996 recipient of the Michael C. Holen Excellence in Graduate Teaching Award, a past recipient of Kansas State University's Outstanding Undergraduate Teacher Award, and a past member of the Board of Directors of the Educational Law Association. He has consulted with national associations, community colleges, universities, government agencies, and businesses and educational organizations throughout the United States and in several foreign countries. Dr. Shoop is a nationally recognized expert in the area of school law, with a focus on sexual harassment and abuse prevention and risk management. He has appeared as a guest on CNN, The Today Show with both Katie Couric and Matt Lauer, ABC's 20/20, MSNBC with Lester Holt, CNN, Day and Date, The Jim Bohannon Show, The Oliver North Show, The Mark Furman Show, The Mark Walberg Show, and Outside the Lines with Bob Ley. This is the seventh law-related book written by the team of Shoop and Dunklee. Their other books are School Law for the Principal (1992); A Primer for School Risk Management (1993); The Legal Manual for Programming Professionals (1994); The Principal's Quick-Reference Guide to School Law (2002); and Anatomy of a Lawsuit: What Every Education Leader Should Know About Legal Actions (2005). Dr. Dennis R. Dunklee is an Emeritus Professor in the Education Leadership Department in the Graduate School of Education at George Mason University. During his twenty-five years in public schools, he served as a teacher, elementary school principal, junior high and middle school principal, high school principal, and central office administrator. During his more than twenty years at George Mason University, he taught courses in education law and school leadership and served as an advisor and chair for master's and doctoral candidates in school leadership. Because of his expertise and practical experience, he continues to be frequently called on to consult in the areas of effective schools, school law, administrator evaluation, instructional supervision, school-community relations, problem solving, and conflict resolution. In addition, he continues to be actively involved as a consultant and expert witness in numerous school-related lawsuits nationwide. As a university scholar and researcher, he has published, and continues to publish, textbooks, monographs, and articles on issues in the fields of school law, business management, administrative practice, and leadership theory. He also continues to present papers at international, national, regional, state, and local conferences and is a widely sought-after clinician for inservice workshops. Dr. Dunklee was an invited participant and presenter at the 2005 Oxford (University) Round Table on Education Law: Individual Rights and Freedoms. He received his Ph.D. in school administration and foundations from Kansas State University. His major area of research was in the field of education law, and his dissertation was on tort liability for negligence. He holds a master's degree in elementary and secondary school administration from Washburn University. This is Dr. Dunklee's eighth book for Corwin Press. His other Corwin books are You Sound Taller on the Telephone: A Practitioner's View of the Principalship (1999); If You Want to Lead Not Just Manage (2000); The Principal's Quick Reference Guide to School Law (2002 and 2006, with Robert J. Shoop); Strategic Listening for School Leaders (2005, with Jeannine Tate); Anatomy of a Lawsuit: What Every Education Leader Should Know About Legal Actions (2006, with Robert J. Shoop); and Poverty Is NOT a Learning Disability (2009, with Tish Howard and Sandy Grogan Dresser).


Advisement Acknowledgments About the Authors Introduction Section I. A Review of the Legal Environment and the Function of Law 1. Why Me? 2. Overview of the Organization of Courts and the Legal Environment Section II. The Process of Litigation 3. Annie's Case 4. The Litigation Process 5. Working With an Attorney: Attorneys' Considerations in Deciding Whether to Accept a Case 6. Courtroom Environment: You May Feel Small 7. The Trial 8. Managing and Surviving Litigation Stress Section III. Verdict and Analysis 9. Smith v. Red Ridge Unified School District No. 435 (Annie's Case) Section IV. Your Role as an Expert Witness 10. Serving as an Expert Witness Section V. Managing Your Risk of Litigation 11. Concluding Thoughts Index

Product Details

  • ISBN13: 9781412915465
  • Format: Paperback
  • Number Of Pages: 160
  • ID: 9781412915465
  • ISBN10: 1412915465

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