NCHERM Expert Witness and Litigation Services Lead to Recent Victory

For Immediate Release

October 4, 2010. Malvern, PA. Recently, the Court of Common Pleas of Delaware County, Pennsylvania granted summary judgment to Widener University in the wrongful death and premises liability case of Lacey v. Widener University. Widener successfully repelled the plaintiff's efforts to expand institutional liability to off-campus injuries in Pennsylvania.

NCHERM is proud of the role it played in helping Widener to prevail on its summary judgment motion. NCHERM partners Saundra K. Schuster and Brett A. Sokolow filed a brief as amicus curiae in this case on behalf of AICUP, the Association of Independent Colleges and Universities of Pennsylvania.

The NCHERM brief has been posted at http://www.ncherm.org/witness-litigation.html for your access. Judge Pagano’s reconsideration of his denial of summary judgment and order granting summary judgment in favor of Widener is posted as well. NCHERM extends congratulations to Rocco Imperatrice, lead litigation counsel for Widener, of the firm of Imperatrice, Amarant, Capuzzi & Bell.

NCHERM's work on behalf of AICUP is a typical example of the effective litigation support consultation and expert witness services NCHERM provides to colleges and universities across the country. Similar recent efforts include:

Assisting Notre Dame College of Ohio in its voluntary participation in a compliance review and resolution with the OCR. Ongoing.

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 to private liberal arts college in Iowa 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 a school security and negligence action. Ongoing.

Expert witness to a plaintiff suing a Pennsylvania school district in a Title IX sexual assault/harassment and retaliation action. Ongoing.

Plaintiff's expert witness in John Doe et. al. v. Sewanee, the University of the South in a student discipline, “due process” and negligence action. 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 defendants.

Defense team in the US Department of Education and US Department of Justice Clery Act investigations of La Salle University. Successful result.

Defense team member in an NCAA investigation of a Division I Athletic Program. Successful result.

NCHERM’s experts are well-versed in:

Title VII and Title IX (Equity, Harassment, and Sexual Assault)
General Tort Liability Issues
Student Conduct/Discipline (academic and non-academic) Issues
Other Discrimination Complaints
FERPA/HERA/Clery Act Complaints
OCR/Clery Act/FPCO/DOJ Investigations
Internal Misconduct Investigations

NCHERM’s experts represent leadership in the field of higher education through professional associations, as practitioners and as consultants. Our ranks include one current and two past presidents of the Association for Student Conduct Administration (ASJA, now ASCA), a former vice president of the ACPA Commission on Student Conduct and Legal Issues, the current president and president-elect of the National Behavioral Intervention Team Association (NaBITA) and the current president of the American College Counseling Association (ACCA).

For more information on NCHERM's litigation support services, please contact Samantha Dutill, NCHERM Client Relations Coordinator at (610) 993-0229. Email: Samantha@ncherm.org Website: www.ncherm.org