About the Webinar:
This panel presented best practices through theoretical and real-world examples, emphasizing the importance of contemporaneous and thorough documentation of events and observations to avoid or prevail in litigation.
Documentation to Avoid or Succeed in Litigation
Presenter:
- Shawn Arnold, Shareholder, Arnold Law Firm
- Steve Casenza, CEO, Palm Beach Maritime Academy
- Monica Knight, Exec Director of Quality Schools and Special Projects, Green Apple School Management
Date/Time: November 20, 2024
Conference: 2024 FL Charter School Conference
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Session Summary
This presentation, "Documentation to Avoid or Succeed in Litigation," by education law experts Shawn Arnold and Jonathan Bruno, along with school leaders Steve Casenza and Monica Knight, emphasizes the critical role of thorough and contemporaneous documentation in preventing and navigating legal challenges in the school setting. The session begins by highlighting the importance of documentation in various legal contexts, including employment disputes, student discipline, and special education. The speakers stress that good documentation can save time, money, and reputational damage.
The presentation then delves into specific types of documentation that are crucial for schools to maintain, such as personnel files, student records, and incident reports. The speakers emphasize the importance of capturing all relevant details, including dates, times, witnesses, and specific actions taken.
The session also covers best practices for documentation, including maintaining confidentiality, ensuring accuracy, and following established procedures. The speakers advise schools to develop clear policies and train staff on proper documentation practices.
Real-world examples are shared to illustrate the impact of good and bad documentation in legal situations. Steve Casenza recounts a case where meticulous documentation helped his school successfully prosecute an employee for embezzlement. Monica Knight shares an example of how inadequate documentation led to difficulties in a due process hearing.
The presentation concludes with a Q&A session, addressing practical questions from the audience on topics such as documenting employee performance, handling public records requests, and navigating student discipline issues. The speakers emphasize the importance of being proactive and thorough in documentation to avoid or successfully resolve legal challenges.
Key takeaways for attendees include:
- Understanding the critical role of documentation in protecting schools from legal challenges.
- Developing and implementing clear policies and procedures for documentation.
- Training staff on proper documentation practices.
- Learning from real-world examples of the impact of good and bad documentation.
- Being proactive and thorough in documenting all aspects of school operations.