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

by Robert J. Shoop, Dennis R. Dunklee

Overview

Arm yourself with the facts educators need to respond effectively when litigation is imminent!

While jury trials are popularly construed as criminal matters, it is civil litigation that increasingly involves the participation of school educators. In recent instances, education leaders have been parties to, or participants in, legal cases ranging from employee discrimination to alleged criminal negligence. In response to this trend, legal experts and frequent consultants to attorneys Robert Shoop, a network news program regular on legal topics, and Dennis Dunklee, a 2005 participant in the Oxford University Roundtable on Education Law, have authored this indispensable text to arm educators with the essential information they need to understand and prepare for potential litigation.

Five sections cover the legal basics necessary to:

• Understand the court and jury system
• Support and work effectively with attorneys
• Appreciate the nuances of litigation
• Reduce the potential risk of litigation by understanding and practicing preventive law
• Assist in the legal process by serving as an expert witness

With this essential resource, educational leaders can learn how to prepare effectively, respond appropriately, and help achieve positive outcomes when faced with litigation.  

Product Details

ISBN-13:	9781452235776
Publisher:	SAGE Publications
Publication date:	10/18/2005
Sold by:	Barnes & Noble
Format:	eBook
Pages:	160
File size:	2 MB

About the 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).

Table of Contents

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

Editorial Reviews

"In their timely and terse treatise, the authors assert that school leaders should view litigation as a routine function of successful practitioners who, in our increasingly litigious society, must be fully cognizant of basic principles of civil and criminal law. "

The School Administrator

"This is a remarkable book. The authors provide concise, user-friendly descriptions of the various players in civil lawsuits and a definition of their roles and functions. "

April 2006 Psyc CRITIQUES

"This is a remarkable book. The authors provide concise, user-friendly descriptions of the various players in civil lawsuits and a definition of their roles and functions."

April 2006 PsycCRITIQUES

"This is a remarkable book. The authors provide concise, user-friendly descriptions of the various players in civil lawsuits and a definition of their roles and functions. "

Psyc CRITIQUES: Contemporary Psychology