REHB 672 Law and the Forensic Rehabilitation Consultant

Instructor: Kenneth R. White Credits: 3 Office: Virtual Online Class hours: TBD Phone: 507/345-8811 Online Office hours: TBD Email: [email protected]

Text and materials:

Bronstein, D. (2002). Demystifying the law: an introduction for professionals. (2nd Ed.). Boca Raton, FL: Lewis/CRC Press. ISBN 0-87371-324-9

Bronstein, D. (1999). Law for the expert witness. (2nd Ed.). Boca Raton, FL: Lewis/CRC Press. ISBN: 0-87371-906-9.

Matson, J., Daou, S., and Soper, J. (2004). Effective expert witnessing: practices for the 21st century. (4th Ed.) Boca Raton, FL: CRC Press, L.L.C. ISBN: 0-8493-1301-5. Includes CD-ROM with video clips and supplemental information.

Supplemental materials:

Note: Six (6) books published by Elliot & Fitzpatrick have been selected for supplemental use in this course. A listing of these 6 texts will be provided here within the finalized version of the course syllabus.

Field, T., & Johnson, C. (2006). The daubert challenge: from case referral to trial. Athens, GA: Elliott & Fitzpatrick. ISBN: 0-945019-99-8.

In addition, the following materials/information sources will be used as supplemental to course content and activities:

State and Federal Statutes that apply to specific cases cited or general areas of litigation in which forensic rehabilitation experts practice.

State and Federal Rules of Evidence (representative states in which students are located or within which they practice).

State and Federal Rulings on Hearsay. REHB 672 Law and the Forensic Rehabilitation Consultant 2 Course Syllabus: Spring 2009

Course Description:

Overview of law and court procedures for rehabilitation professionals: qualification of forensic experts; roles and functions of testifying fact or expert witness or a non-testifying consultant; ethical practices; state and federal venues; forensic experts qualifications; admissibility of evidence and opinion (Daubert v. Merrill-Dow, Frye rule; Kumho Tire); procedures and rules of the court; discovery & work product; hearsay; personal injury, product liability, worker’s compensation, employment law, discrimination, medical & professional malpractice, Social Security Disability (SSI & SSDI), divorce, wrongful death, and consortium claims; direct and cross-examination.

Student Learning Outcomes:

1. Demonstrate knowledge of the various areas of litigation in which a rehabilitation professional’s expertise may be utilized to assist the courts in determining the impact of disability upon an individual and/or their surviving family members.

2. Demonstrate an understanding of the differences between litigation that falls within state or federal venues.

3. Demonstrate understanding of court procedures, rules governing the court, roles of the various parties involved within a deposition or court trial, specific terminology relating to challenges or procedures of the court, standards applicable to the rehabilitation practitioner as a fact witness, testifying expert witness, or a consultant to attorney(s) and/or the court.

4. Demonstrate knowledge of court procedures, including the implications of various legal precedents that impact on the qualifying of the rehabilitation professional as an expert in their discipline, admissibility of evidence and expert opinion, and related areas of issue or concern for the courts in utilizing expert witnesses in general.

5. Demonstrate knowledge of and ability to search and secure appropriate reference materials located within specialized databases for the specific type of litigation, court venue, and needs of differing case characteristics.

6. Demonstrate knowledge of the strengths and limitations of various methodologies (i.e., transferable skills analysis, job placement, etc.), databases and references typically utilized by rehabilitation experts and consultants, such as the D.O.T., O*NET, labor market statistics, salary and wage surveys, labor market forecasts, and how they relate to current requirements for admission of opinion and how they can be attacked by opposing counsel, etc, REHB 672 Law and the Forensic Rehabilitation Consultant 3 Course Syllabus: Spring 2009

Course Requirements and Grading Method:

A. Requirements:

The student will demonstrate the knowledge, critical thinking, and requisite skills pertaining to this course by:

1. Completion of objective written examinations covering all content included in the course. (40% of final grade)

2. Completion of threaded discussions that address critical concepts and procedures resulting from various laws and precedents, and existing within the diverse areas of litigation within which forensic rehabilitation consultants provide their expertise. (20%)

3. Demonstrating within a written paper and/or oral presentation, the critical concepts, precedents, procedures, and precedents governing the court and impacting on the admissibility of the forensic rehabilitation expert or consultants opinions. Topics of the assignment will include addressing of strengths and limitations of standard rehabilitation methodologies, procedures, assessment, service determination, job placement, assistive technology and accommodations, etc., within court procedures and justifying their use under the Daubert and other rules. (20%)

4. Demonstrate the appropriate use of specific databases and other references that would address the roles and functions that rehabilitation consultants would fill within diverse areas of litigation where disabilities, discrimination, catastrophic injury, and/or wrongful death has occurred, according to the characteristics and needs of individual cases. (20%)

B: Grading Method:

A = 90.0% and above. B = 80.0% to 89.9% C = 70.0% to 79.9% D = 60.0% to 69.9% F = 59.9% or below

Note: Recent changes have taken place with grading schema available for use at MSU, Mankato. As of Fall 2008, the university has instituted “+”/”-“ “shaded” grading, which allows for grades of A+, A, A-, B+, B, etc. This new schema may be utilized for this course. Whatever schema is selected, it will be included here in the finalized course syllabus. REHB 672 Law and the Forensic Rehabilitation Consultant 4 Course Syllabus: Spring 2009

Course Format:

Each module will include an online lecture (most likely as a digital recording, accompanied by PowerPoint slides or other materials) formatted for availability for student access online. The lectures will be followed by a scheduled live discussion by teleconference or by using other appropriate technology, of core concepts, issues, and concerns that are raised. Lecture outlines, links to outside articles, and other information will be placed on D2L for each module of the course. Readings within each module/session of the course will include those from the required course text and supplemental documents.

For those activities in which delayed responses (asynchronus) to topics and questions posed by the instructor or another class participant will be conducted through the Discussion tool within the Desire2Learn (D2L) course management platform. Available technologies will be utilized for group or individual communications between student(s) and the instructor. Faculty member will attempt to respond to student contacts as soon as possible and within 24-hours, unless special circumstances prevent this.

Maximum participation of all students is essential, and all class members are expected to complete readings, analyze and synthesize ideas and materials presented or which grow out of the student's or class member's discernment, by contributing to discussions in a timely, meaningful and respectful manner.

Written assignments will be submitted, reviewed, and graded through the Drop Box feature of the D2L case management platform. Grading rubric(s) will serve as a tool to provide student's with a guide to the expectations of the instructor for each of the individual or group assignments identified, and subsequently as a tool for the instructor to give prompt, useful, and targeted feedback to each student.

Course Content and Tentative Schedule:

Session/ Module Content

1 Fundamentals of a Lawsuit

2 The Discovery Process

3 Qualifications

4 Evidence

5 Properly Forming & Expressing Opinions REHB 672 Law and the Forensic Rehabilitation Consultant 5 Course Syllabus: Spring 2009

6 Communicating with Counsel

7 Anatomy of a Civil Trial

8 Marketing and Meeting Client Needs

University Policies

All students are held responsible for knowing and understanding the following university policies, among others. Click on the link to be taken to the official policy statement(s):

Accommodations for Students with Disabilities: http://www.mnsu.edu/acadaf/policies/AccessforStudentswithDisabilities.pdf

Academic Honesty/Plagiarism: http://www.mnsu.edu/acadaf/policies/AcademicHonesty.pdf

Non-Discrimination in Employment and Eduction (MnSCU): http://www.mnscu.edu/board/policy/1b01.html

University Policies and Procedures: http://www.mnsu.edu/acadaf/policies/