Middle School Fails To Adequately Supervise Students During Lunch

ByJohn Lomicky

Updated on

Case Overview

This case involves a middle school student with a history of violence who engaged in a physical altercation with an Autistic student. Both students were in the cafeteria when the violent student approached the Autistic student. The violent student began to verbally accost the Autistic student and flipped the Autistic student’s lunch tray onto the floor. The Autistic student attempted to defend himself but the violent student punched him and knocked him to the ground. The Autistic boy suffered injuries to his orbital bone and head. It was alleged that the school failed to provide adequate security and supervision to the students during their lunch hour.

Questions to the Education expert and their responses

Q1

Please describe your experience as it relates to student safety policies surrounding bullying claims.

I provide training on violence prevention and anti-bullying as part of an array of courses through a national nonprofit for educators on school safety that I founded. As a 28 year veteran of public education, mostly as an administrator, I have extensive experience in the evolution and implementation of bullying and anti-violence initiatives, policies, and procedures. I worked with both elementary and secondary populations in schools where aggressive behavior and disciplinary issues were prevalent. I was also effective in implementing practices that decreased and prevented violence and bullying. As an associate professor in educational administration, the courses in which I specialize deal with safety issues, discipline/classroom management, and policy creation. I have reviewed cases and issues associated with bullying, violence, and the 'benign neglect' or misconduct of school employees and/or districts. I most recently served as an expert witness for a case involving harassment and a negative school climate.

About the expert

This expert has almost three decades of experience as a school administrator and teacher. She holds a BE in secondary education, an ME in curriculum and instruction, and an EdD in educational administration from the University of Toledo. She is a nationally recognized school safety expert and a FEMA/DHS certified instructor and course developer, and she has experience teaching grades 3-12. She is also a certified school safety consultant & trainer by the Prae Group. Formerly, she was the curriculum director at Oregon City Schools and she spent over 10 years as a principal at Wynn Elementary School and Northwood Middle School. Currently, she serves as a tenured associate professor of educational administration and the chair of doctoral studies and advanced programs at a distinguished university in Ohio. In addition, she is the founder and director of programs for an educators' school safety network, also in Ohio.

Expert headshot

E-008468

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About the author

John Lomicky

John Lomicky

John Lomicky is a J.D. candidate at FSU Law with a multidisciplinary background. He earned his Bachelor's degree in Neurobiology and Near Eastern Studies from Georgetown University and has graduate degrees in International Business and Eurasian Studies. His extensive professional experience includes significant contributions in legal business development and research.

At Expert Institute, John held several key roles over five years, including Director of Business Development, where he oversaw an inside sales team, generating six-figure monthly revenue and fostering relationships with a diverse range of legal practices, including top-tier firms and solo practitioners. As Associate Director of Research, he led the company's first physical expansion, establishing a successful operation in California and managing a team of over 20 research and sales professionals. In his role as Associate in Research, he provided tailored consulting services to attorney clients across North America, connecting them with the right experts for cases in various fields, including personal injury and intellectual property,

John's expertise spans managing sales teams and driving company expansion, developing consultative services tailored to legal practices, and cultivating strong relationships within the legal community.

He is currently pursuing a JD/LLM in Tax at the University of Florida - Fredric G. Levin College of Law, where he is involved with the Florida Tax Moot Court Team and the Low-Income Taxpayer Clinic.

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