Middle School Fails To Adequately Supervise Students During Lunch

ByJohn Lomicky

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Updated onApril 9, 2019

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.

Question(s) For Expert Witness

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

Expert Witness Response E-008468

inline imageI 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 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. John's professional experience includes working in private equity as an Associate at Kingfish Group and in legal business development and research roles at the Expert Institute. His expertise spans managing sales teams, company expansion, and providing consultative services to legal practices in various fields.

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