Expert Witness Services
Strauss Consulting is based in Minnesota
and provides expert witness services and consultation both nationally and internationally!
and provides expert witness services and consultation both nationally and internationally!
Dr. Strauss has been a consultant and expert witness for plaintiff and defense attorneys in over 35 sexual (and other protected class) harassment cases for both workplace (Title VII) and education (Title IX) organizations. She also serves as an expert for cases of negligence.
Dr. Strauss has held positions in both management and organization development, providing her with critical expertise in her expert opinions. Having served as a K-12 teacher for 14 years, Susan has significant insight into the K-12 public school environment as well.
Lawsuits in which Susan has served as an expert witness include those involving management, professionals and non-professionals in a variety of industries and organizations, as well as students, faculty and staff in educational settings. A list of cases in which Dr. Strauss has been involved is available to attorneys upon request.
The Equal Employment Opportunity Commission (EEOC) and U. S. Department of Education Office for Civil Rights (OCR) require that employers and schools who receive a complaint---or otherwise learn of alleged discrimination and harassment---to investigate promptly and thoroughly. Such organizations are required by law to take immediate and appropriate corrective action to end the harassment, change the discriminatory environment, and prevent the misconduct from recurring. It is indeed a tall order to ensure the just and fair handling of a complaint of discrimination or harassment is appropriately addressed.
Although there is no legal mandate for the investigation of complaints of bullying, all prudent organizations should take it upon themselves to do so. Properly conducted investigations determine if misconduct occurred, and whether it violated the organization’s policies; this is also an opportunity for the organization to respond in order to stop the discrimination, harassment or bullying, remedy the situation, and implement further strategies to prevent recurrence and retaliation.
The investigation process is, perhaps, the most critical element in responding to complaints of discrimination, harassment, and bullying. When there is overwhelming evidence of inadequate or absent investigation, such complaints frequently go to court, to the EEOC, or the human rights department of the state where the misconduct took place.
The following are examples of the expert witness services provided by Dr. Strauss:
• Review, analyze and synthesize all documents pertaining to the case.
• Opine regarding pertinent aspects of the case, including but not limited to:
a) Whether harassment, discrimination, or “bullying” (negligence) occurred, and the rationale for this opinion
b) Whether the organization implemented prevention strategies and intervened appropriately in order to stop the discrimination and harassment, and prevent retaliation and recurrence of the misconduct
c) Assess the quality of the investigation and whether the investigator possessed adequate training and skill for conducting such an investigation.
d) Determine the adequacy of the response to the complaint by management
e) Evaluate the qualifications of the organization’s trainers; the appropriateness of stated learning objectives and methodology; frequency of training; specific management training; and the participation of both seasoned and new employees in such training.
f) Assess the adequacy of various organizational policies related to discrimination and harassment, and workplace violence.
g) Determine whether appropriate policies were disseminated and communicated clearly to employees or students in a timely manner.
• Provide recommendations during discovery for additional documents for review, and assist attorneys in the development of questions for use in depositions and trial.
• Provide ongoing input to attorneys, as requested.
• Write a Statement of Opinion/Expert Report for the court
• Testify at depositions and trials
Dr. Strauss has held positions in both management and organization development, providing her with critical expertise in her expert opinions. Having served as a K-12 teacher for 14 years, Susan has significant insight into the K-12 public school environment as well.
Lawsuits in which Susan has served as an expert witness include those involving management, professionals and non-professionals in a variety of industries and organizations, as well as students, faculty and staff in educational settings. A list of cases in which Dr. Strauss has been involved is available to attorneys upon request.
The Equal Employment Opportunity Commission (EEOC) and U. S. Department of Education Office for Civil Rights (OCR) require that employers and schools who receive a complaint---or otherwise learn of alleged discrimination and harassment---to investigate promptly and thoroughly. Such organizations are required by law to take immediate and appropriate corrective action to end the harassment, change the discriminatory environment, and prevent the misconduct from recurring. It is indeed a tall order to ensure the just and fair handling of a complaint of discrimination or harassment is appropriately addressed.
Although there is no legal mandate for the investigation of complaints of bullying, all prudent organizations should take it upon themselves to do so. Properly conducted investigations determine if misconduct occurred, and whether it violated the organization’s policies; this is also an opportunity for the organization to respond in order to stop the discrimination, harassment or bullying, remedy the situation, and implement further strategies to prevent recurrence and retaliation.
The investigation process is, perhaps, the most critical element in responding to complaints of discrimination, harassment, and bullying. When there is overwhelming evidence of inadequate or absent investigation, such complaints frequently go to court, to the EEOC, or the human rights department of the state where the misconduct took place.
The following are examples of the expert witness services provided by Dr. Strauss:
• Review, analyze and synthesize all documents pertaining to the case.
• Opine regarding pertinent aspects of the case, including but not limited to:
a) Whether harassment, discrimination, or “bullying” (negligence) occurred, and the rationale for this opinion
b) Whether the organization implemented prevention strategies and intervened appropriately in order to stop the discrimination and harassment, and prevent retaliation and recurrence of the misconduct
c) Assess the quality of the investigation and whether the investigator possessed adequate training and skill for conducting such an investigation.
d) Determine the adequacy of the response to the complaint by management
e) Evaluate the qualifications of the organization’s trainers; the appropriateness of stated learning objectives and methodology; frequency of training; specific management training; and the participation of both seasoned and new employees in such training.
f) Assess the adequacy of various organizational policies related to discrimination and harassment, and workplace violence.
g) Determine whether appropriate policies were disseminated and communicated clearly to employees or students in a timely manner.
• Provide recommendations during discovery for additional documents for review, and assist attorneys in the development of questions for use in depositions and trial.
• Provide ongoing input to attorneys, as requested.
• Write a Statement of Opinion/Expert Report for the court
• Testify at depositions and trials
Title IX Cases
For Title IX cases, Dr. Strauss offers the same constellation of services and expert opinions listed above. In addition, she assists attorneys in writing consent decrees, and provides opinions and rationale regarding Section 1983 and negligence laws. Susan also opines on the following questions:
For Title IX cases, Dr. Strauss offers the same constellation of services and expert opinions listed above. In addition, she assists attorneys in writing consent decrees, and provides opinions and rationale regarding Section 1983 and negligence laws. Susan also opines on the following questions:
- Was there a violation of the U.S. Department of Education, Office for Civil Rights Guidance on Sexual Harassment, Dear Colleague Letters, and Title IX law?
- Did the school demonstrate deliberate indifference?
- Was the harassment severe, persistent, and/or pervasive enough to interfere with a student’s education or educational activities?
- Were the student educational curriculum and staff and faculty training adequate?
- Did student handbooks and faculty handbooks include a sex discrimination (and other protected class harassment or discrimination) policies and grievance procedures, Title IX Coordinator’s name, location, and phone number?
