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NCHERM Expert Witness

Best Practices for Campus Health and Safety

Expert Witness & Litigation services

NCHERM’s experts represent leadership in the field of education through professional associations, as practitioners and as consultants.  We are frequently called upon to serve as expert witnesses and litigation strategists for K-12 and college cases in state and federal courts, in government investigations (OCR, program reviews, etc) and internal investigations. 

Examples of our recent work include:

  • Plaintiff's expert in Pico v. Kamehameha Schools.  Settled via arbitration.
  • Plaintiff's expert in the Title IX, wrongful death and §1983 action McGrath v. Dominican College of Blauvelt in federal court. Ongoing.
  • Defense expert on behalf of Gonzaga University in the Title IX matter Hobbs v. Gonzaga University. Ongoing.
  • Expert witness on behalf of a plaintiff suing a Pennsylvania school district in E.N. v. Susquehanna Twp. Sch. Dist., a Title IX sexual assault/harassment and retaliation action. Settled 12/2011 for $600,000.
  • Plaintiff's expert witness in John Doe et. al. v. Sewanee, the University of the South in a student discipline and negligence action in federal court.  Jury verdict of $50,000 for plaintiff, August 2011, in the first case to ever find a college negligent in structuring and implementing its disciplinary process to the detriment of an accused student.
  • Defense expert on behalf of a private college in Pennsylvania in a negligence case involving the injury of a student. Ongoing.
  • Defense expert in the challenge to student discipline and defamation matter of LoSchiavo & Stellwag v. Quinnipiac University in the US District Court of Connecticut. Settled.
  • Plaintiff's expert in a wrongful death action involving pledge binge drinking and hazing against a national fraternity. Ongoing.
  • Plaintif's expert in a wrongful death and premises liability action involving pledge binge drinking and hazing against a national fraternity.  Ongoing. 
  • Defense team in the 2009-2010 OCR Title IX Investigation of Notre Dame College.  NDC voluntarily and cooperatively resolved this inquiry with OCR.
  • Filed Brief as Amicus Curiae for AICUP, the Association of Independent Colleges and Universities in Pennsylvania (www.aicup.org), in the case of Lacey v. Widener University.  This brief was instrumental in the judge's recent summary judgment order  PDFdismissing this wrongful death and negligent security lawsuit. 
  • Defense expert to West Virginia Wesleyan University in a campus security and premises liability negligence action for a student sexual assault; Settled with plaintiff. 
  • Defense expert in Dylan Campbell v. Coe College on behalf of Coe College in a premises liability negligence action against the college and the president is his personal capacity; Ongoing.
  • Defense expert to a New Jersey school district in Buccinio v. Rutherford Bd. of Educ. in a school security and negligence action involving the sexual assault of a student; Ongoing.
  • Plaintiff's expert witness in Padiyar v. AECOM, Inc., an appeal of a student discipline expulsion and allegation of sexual orientation discrimination.  Case dismissed on procedural grounds.
  • Defense expert to Chi Psi Fraternity in Lanahan v. Chi Psi Inc., a wrongful death, hazing and alcohol action.  Settled with plaintiffs.
  • Plaintiff's expert witness in Candace Minear v. Sigma Kappa Sorority, Inc., Sigma Kappa Sorority Delta Upsilon Chapter, Sigma Kappa National Housing Corporation, Inc., a negligence action for injuries resulting from a sorority initiation. Settled with plaintiff.
  • Defense team in the US Department of Education and US Department of Justice Clery Act investigations of La Salle University.  No fine levied.
  • Defense team member in an NCAA investigation of a Division I Program. Resolved.

NCHERM has assisted clients with issues of:

  • Anticipation of Litigation
  • Litigation Strategies
  • Litigation Support
  • Settlement Negotiations
  • Media/Public Relations
  • Standard of Care/Duty of Care Opinions/Affidavits
  • Expert Reports
  • Depositions
  • Trial Testimony
  • Amicus Curiae Briefs
  • Brief Preparation/Research

Our breadth and depth of expertise help you put your best foot forward in court. Our involvement in cases helps to bring them to quick resolution.  NCHERM consultants have served as experts in cases involving:

  • Campus Security
  • Campus Conduct Codes/Due Process
  • Wrongful Death
  • Negligence
  • Premises Liability
  • Sexual Harassment
  • Title IX
  • Clery Act
  • Hazing
  • Office for Civil Rights (OCR)
  • Drug/Alcohol Overdose
  • Discrimination Claims
  • Sexual Assault
  • NCAA Violations
  • 42 USC §1983 Actions

Let us put our credibility and expertise behind you. Contact us for details.

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