Academic Institutions & Schools

Schools and other academic institutions face added challenges because they need to avoid harassment, discrimination, and retaliation among students and their families as well as employees. School culture can shape a student’s future path, in both positive and negative ways. Racial disparities between school faculty/administrators and the student body might result in unconscious bias impacting decisions on discipline, selection for advanced placement classes, guidance in the application process for college and other advanced education, and the daily treatment of students. Schools also have the obligation to include in their curricula controversial historical events and literature, which must be taught in a manner that promotes understanding and respect. In the wake of significant social movements, private and public schools, as well as colleges and universities, have received feedback from students, parents, and alumni prompting schools and academic institutions to conduct additional employee training, reevaluate their culture and curricula, and make adjustments in alumni and family interactions.

Laws that impact school culture can include Titles VII and IX of the Civil Rights Act of 1964 (Title VII and Title IX), the New Jersey Law Against Discrimination (NJ LAD), and the Create a Respectful and Open Workplace for Natural Hair Act (CROWN Act), as well as numerous other anti-discrimination and educational laws and regulations.

KSB Law assists schools and academic institutions to foster harmonious learning environments that are safe, bias-free, respectful, and culturally competent, and to build diverse and inclusive cultures where equality, mindfulness, and well-being are prioritized. KSB Law can also help schools and academic institutions navigate changes in the law, such as the amendments to Title IX proposed in 2022.

KSB Law has conducted independent investigations in the school setting prompted by concerns raised by alumni about unconscious bias and the school culture. We have also incorporated insider perspectives received from students and alumni into special training programs for academic faculty, staff, and administrators to better educate academic personnel about the impact of unconscious bias, harassment, discrimination, and retaliation towards students and their families as well as the school employees.

Additionally, all attorneys of KSB Law hold teaching positions at various colleges and universities in New Jersey. The KSB Law attorneys have also attended private/catholic school institutions and/or taught at them and have a true understanding of the internal challenges those schools and academic institutions face when trying to balance the requirements of the law with the underlying religious beliefs that support the institutions. Several KSB Law attorneys also serve as Title IX hearing advisors at a New Jersey university.

EMPLOYEE TRAINING TAILORED TO SCHOOLS

KSB Law conducts numerous Training Programs, including Training on the prevention of harassment, discrimination and retaliation, and on the awareness and prevention of unconscious/implicit bias. These Training Programs are tailored to the school environment and focus on how school employees interact with students and with each other. Being educated and aware of implicit biases can also improve the school’s efforts to self-educate students on diversity, equity, and inclusion.

CULTURAL ASSESSMENTS

KSB Law also performs Cultural Assessments to assist schools in evaluating the school culture and determining areas in which the schools can improve their diversity, equity, and inclusion practices.

REASONABLE ACCOMMODATION REQUESTS

Schools may be faced with employees or students who seek to bring service or assistance animals to school. The Americans with Disabilities Act (ADA), NJ LAD, and privacy laws may apply to these types of requests, which can pose unique challenges in the school environment. KSB Law can assist in the interactive process, either on the part of the school evaluating the reasonable accommodation requests or on behalf of the employee or student who is seeking a reasonable accommodation.

WORKPLACE INVESTIGATIONS & STUDENT COMPLAINTS

If a conflict does arise – whether stemming from allegations by students, students’ families, or school employees –KSB Law attorneys can perform Independent Workplace Investigations to evaluate the allegations and make credibility assessments and findings of fact. These Investigations can provide crucial information needed by the school leaders and the school’s legal counsel to determine the best remedial approach to address the concerns raised.

ALTERNATIVE DISPUTE RESOLUTIONS & HEARING OFFICERS

KSB Law can assist in roles as mediators, arbitrators, or hearing officers. The Firm’s attorneys engage a collaborative approach fostered over years of experience handling complex employment matters for both individuals and businesses. This unique dual perspective enhances their balanced perspective when serving as neutrals.