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
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).
"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."
*PsycCRITIQUES, April 2006*
"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, October 2007*
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