NCHERM Expert Witness

Best Practices for Campus Health and Safety

Expert Witness & Litigation services

Click here to read an interview with Brett A. Sokolow, Esq. in the December 2017 Expert Witness Quarterly.

The NCHERM Group’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.

“Mr. Sokolow is a first class expert for the big case. I suggest using his services when the stakes are high and only the best expert on college and university liability will suffice.”   – Mark C. Nanavati, Midlothian, Virginia

Recently, a federal judge’s written opinion stated the following in regard to Brett A. Sokolow’s value and services as a federally admitted expert witness:

“As between the two potential expert witnesses, and based solely on the materials which are presently before the Court, Mr. Sokolow appears to understand the use and scope of his testimony better than [the opposing expert]. Mr. Sokolow’s report begins with a substantial discussion of the [state] law governing and defining the standard of care and appears to reflect a thorough understanding of his role as an expert in the liability action alone…Mr. Sokolow analyzed the University’s compliance with its own procedures, he also discussed federal guidelines, procedures in peer institutions, and other sources from which the Court could draw upon the reasonable standard of care…Therefore, both the context of the opinions and their prefatory legal discussion might tend to support the belief that, as between the two, Mr. Sokolow would be better able to avoid testifying impermissibly…Given that [the opposing expert] apparently has nothing to add to Mr. Sokolow’s standard of care analysis, it is not clear to the Court at this time what value his testimony would add.”

Examples of our recent work include:

  • John Doe. v. Reed College. 2015.
    • Plaintiff’s expert for accused student in sexual misconduct/Title IX lawsuit
    • Ongoing. No report, no deposition to date.
  • Chelsea Godfrey v. Ferrum College. 2014.
    • Defense expert to the college in a Title IX lawsuit by student victim of sexual misconduct.
    • Settled. No report. No deposition. Affidavit.
  • Jane Doe v. Virginia Wesleyan University. 2014.
    • Defense expert in Title IX lawsuit by sexual misconduct victim against university.
    • Ongoing. No report, no deposition, to date.
  • Pi Kappa Alpha v. Florida State University. 2014.
    • Expert for Pi Kappa Alpha in hazing/sexual assault allegation.
    • Resolved. No report, no deposition.
  • Amanda Linna v. Delta Upsilon Fraternity. 2014.
    • Plaintiff’s expert in domestic violence/alcohol/fraternity duty negligence case.
    • Resolved. Report. Deposed. Settled.
  • Andrew Caero v. Lambda Chi Alpha. 2014.
    • Plaintiff’s expert to hate crime attack victim in negligence case against fraternity; national.
    • Report. Deposed. Ongoing.
  • Keifer Johnson v. Western Colorado State University. 2013-2014.
    • Plaintiff’s expert to student accused of sexual misconduct in Title IX/negligence/defamation suit against university.
    • Report. Dismissed.
  • Erica Kinsman v. Florida State University. 2014.
    • Plaintiff’s expert in Title IX lawsuit against Florida State University and OCR complaint by campus sexual misconduct victim;
    • Ongoing. No report, no deposition to date.
  • John Doe v. Drexel University. 2014.
    • Plaintiff’s expert to a student accused of sexual misconduct in preparation for a campus conduct process in Pennsylvania.
    • Resolved.
  • John Doe v. Moravian College. 2014.
    • Counsel to a student accused of sexual misconduct in preparation for a campus conduct process in Pennsylvania.
    • Resolved.
  • John Doe v. Skidmore College. 2014
    • Counsel to a student accused of sexual misconduct in preparation for a campus conduct process in New York.
    • Resolved.
  • John Doe v. SUNY Brockport. 2014
    • Counsel to a student accused of sexual misconduct in preparation for a campus conduct process in New York.
    • Resolved.
  • John Doe (2) v. Skidmore College. 2014
    • Counsel to a student accused of sexual misconduct in preparation for a campus conduct process in New York.
    • Resolved.
  • John Doe v. Beloit College. 2014
    • Counsel to a student accused of sexual misconduct in preparation for a campus conduct process in Wisconsin.
    • Resolved.
  • Jane Doe v. A New York university. 2014
    • Plaintiff’s counsel to a victim of sexual misconduct in filing an OCR complaint.
    • Complaint denied by OCR as untimely.
  • John Doe v. Pitzer College. 2014
    • Counsel to a student accused of sexual misconduct in preparation for a campus conduct process in California. 2014.
    • Resolved.
  • Jane Doe v. Delta Upsilon Fraternity. 2014
    • Plaintiff’s counsel to a victim of sexual misconduct.
    • Resolved.
  • John Doe v. University of Northern Colorado. 2014
    • Counsel to a student accused of sexual misconduct in appeal of a campus conduct process in Colorado.
    • Resolved.
  • John Doe v. University of Alabama, Birmingham. 2014.
    • Counsel to a student accused of sexual misconduct in appeal of a campus conduct process in Alabama.
    • Resolved.
  • Confidential Client. 2014.
    • Defense Counsel to college in OCR Title IX investigation.
    • Ongoing.
  • Confidential Client. 2014
    • Defense Counsel to college in OCR Title IX investigation.
    • Resolved favorably.
  • Confidential Client. 2014
    • Subject matter defense expert to college in OCR Title IX investigation. 2014.
    • Resolved.
  • Eichorn v. Sigma Nu, 2014.
    • Plaintiff’s expert in a lawsuit regarding a non-fatal fall in a fraternity house.
    • Settled. Report. Deposition.
  • Dezmine Wells v. Xavier University. 2013.
    • Defense consultant to university in lawsuit by student expelled for sexual misconduct. Title IX/negligence/defamation.
    • Settled.
  • Plaintiffs v. University of Colorado, Denver. 2013
    • Subject matter expert to Perkins Coie, LLP in its investigation of the James Holmes shooting for the University of Colorado, Denver.
    • Ongoing. Report. No deposition.
  • Crozier v. Phi Sigma Kappa. 2013.
    • Plaintiff’s expert in a lawsuit involving a fatal fall in a fraternity house.
    • Settled. Report. Deposition.
  • Crabtree v. Tres Settle, et al., McLean (KY) Circuit Court. 2013.
    • Plaintiff’s expert in school negligent injury case.
    • No report. No deposition. Settled.
  • Hobbs v. Gonzaga University. 2012.
    • Defense expert on behalf of Gonzaga University in the Title IX matter.
    • Settled. Report. No deposition.
  • Caption Omitted by Confidential Settlement. 2012
    • Defense expert on behalf of a private college in Pennsylvania in a negligence case involving the injury of a student.
    • Settled. Report. No deposition.
  • Caption Omitted by Court Seal. 2012
    • Defense expert on behalf of a private college in Pennsylvania in a wrongful death case.
    • Settled. Report. No deposition.
  • E.N. v. Susquehanna Twp. Sch. Dist. 2010-11.
    • Plaintiff’s expert in lawsuit suing a Pennsylvania school district under Title IX for sexual assault/harassment and retaliation action.
    • Settled. Report. No deposition.
  • John Doe et. al. v. Sewanee, the University of the South
    • Plaintiff’s expert witness in a student discipline and negligence action in federal court.
    • Jury verdict for plaintiff. Report, deposition and jury testimony.
  • Chaaya v. Anne Arundel County Bd. of Educ. 2011
    • Plaintiff’s expert in fall from equipment; negligent supervision lawsuit.
    • Settled. Deposition. No report.
  • Dylan Campbell v. Coe College. 2010.
    • Defense expert witness on behalf of Coe College in a premises liability negligence action against the college and the president is his personal capacity;
    • Settled. Report, no deposition.
  • Buccinio v. Rutherford Bd. of Educ. 2011
    • Defense expert witness in a K-12 school security and negligence action involving the sexual assault of a student;
    • Settled. Report. No deposition.
  • Lanahan v. Chi Psi Inc. 2010.
    • Defense expert to Chi Psi Fraternity national and alumni chapter in a wrongful death, hazing and alcohol action.
    • Settled. Report. Deposition.
  • OCR v. Notre Dame College. 2009-2010
    • Defense team in the OCR Title IX Investigation of Notre Dame College.
    • Favorable resolution.
  • Lacey v. Widener University. 2009
    • Filed Brief as Amicus Curiae for AICUP, the Association of Independent Colleges and Universities in Pennsylvania (www.aicup.org), on the question of off-campus liability for criminal assault of a student.
    • Defense victory at trial.
  • Jane Doe v. West Virginia Wesleyan University. 2007.
    • Defense expert in a campus security and premises liability negligence action for a student sexual assault.
    • Settled. No report. No deposition.
  • Padiyar v. AECOM, Inc. 2005
    • Plaintiff’s expert in appeal of a student discipline expulsion and allegation of sexual orientation discrimination.
    • Case dismissed on procedural grounds. No report. No deposition.
  • Candace Minear v. Sigma Kappa Sorority, Inc., Sigma Kappa Sorority Delta Upsilon Chapter, Sigma Kappa National Housing Corporation, Inc., 2004.
    • Plaintiff’s expert in a negligence action for injuries resulting from a sorority initiation.
    • Settled with plaintiff. Deposition. No report.
  • U.S. Department of Education v. LaSalle University. 2005.
    • Defense team in the US Department of Education and US Department of Justice Clery Act investigations of La Salle University.
    • No fine levied.
  • LoSchiavo & Stellwag v. Quinnipiac University.
    • Defense expert in the challenge to student discipline and defamation matter.
    • Settled.
  • McGrath v. Dominican College of Blauvelt.
    • Plaintiff’s expert in the Title IX, wrongful death and §1983 action.
    • Settled.
  • Pico v. Kamehameha Schools.
    • Plaintiff’s expert.
    • Settled via arbitration.
  • NCAA investigation of a Division I Program.
    • Defense team member.
    • Resolved.

The NCHERM Group 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. The NCHERM Group 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.

Click here to read more.