Best of NJICLE Replay – Bullying, Harassment and the Law

Date: Sep 30, 2023 9:00 a.m. – 3:00 p.m.

Location: Online

Member Price: $225

Non-Member Price: $275

Event Code: I102923R

Areas of Law: Civil, Diversity, School

Earn up to 6.3 credits, including 1.2 in Diversity! (More Information)

Faculty

Keynote

Moderator

Stuart Green
NJ Coalition For Bullying Awareness & Prevention, Summit
a licensed clinical social worker and behavioral scientist, founded the New Jersey Coalition for Bullying Awareness and Prevention (njbullying.org) in Summit, New Jersey, where he has volunteered as Director and sole front-line worker, answered the hotline and managed the organization’s website. He has also been Associate Director of the Overlook Family Medicine Residency Program, a training program for family physicians at Overlook Medical Center in Summit, New Jersey, where he has helped develop the Palliative Care Program, and has been a behavioral scientist at Atlantic Health System.

Dr. Green was Chair of the New Jersey Commission on Bullying in Schools, co-authored its report There Isn’t a Moment to Lose (2009) and presided over forums to help the legislature formulate laws and regulations to prevent and address bullying. He helped develop the state’s new Anti-Bullying Bill of Rights, widely regarded as the strongest anti-bullying law in the United States. Dr. Green’s work as a clinician and medical director has included developing grant-funded educational and advocacy projects for children with Tourette Syndrome and adults with conditions including chronic pain, diabetes and breast cancer. He founded the Pathways Women’s Cancer Teaching Project, an organization which provides training for physicians and other health care professionals conducted by breast cancer survivors. He has served on the advisory boards of several organizations, including The Arc of NJ and the NJ School Age Child Care Coalition.

The recipient of the 2011 Social Worker of the Year Award bestowed by the New Jersey Chapter of the National Association of Social Workers, Dr. Green has also been honored by the Union County Human Relations Commission, the New Jersey Child Assault Prevention Program and the American Cancer Society (Judy A. Morrow Humanitarian Award). He has lectured on bullying to schools and other organizations, and has served as an expert witness and legal consultant. Having served as Clinical Assistant Professor of Family and Community Medicine at Sidney Kimmel Medical College, Thomas Jefferson University, he is the author of medical publications including an article on a Tourette Syndrome educational project in Teaching and Learning in Medicine: An International Journal (2014) and book chapters.

Dr. Green is a graduate of City College of New York and received his MSW from the Wurzweiler School of Social Work, Yeshiva University. He received his M.A. in Psychology from Hunter College and his Doctorate in Medical Humanities from Drew University.

Presenters

Hon. Alberto Rivas, J.S.C.
Middlesex County Courthouse
is a Superior Court Judge, Middlesex County, and sits in New Brunswick, New Jersey. He is assigned to the Civil Division and was formerly Assignment Judge, Middlesex County, and Presiding Judge of the Superior Court, Criminal Division, Middlesex County. Appointed to the bench in 2010, he is a Former Partner in Lite DePalma Greenberg & Rivas, LLC and a former Assistant United States Attorney for the District of New Jersey. He has also served as Law Director for the City of Perth Amboy.

Judge Rivas has served on several court committees, including the Lawyers Advisory Committees for the Third Circuit Court of Appeals and the United States District Court for the District of New Jersey. He was appointed to the Third Circuit Court of Appeals Task Force on Equal Treatment in Courts, Race and Ethnicity Commission, and is Past Chair of the District VA Fee Arbitration Committee. Past President of the Rutgers University School of Law-Newark Alumni Association, Judge Rivas has been an adjunct professor at Rutgers University School of Law. He has frequently appeared as a commentator on Court TV.

Judge Rivas received his undergraduate degree from Princeton University and his J.D. from Rutgers University School of Law. He was Judicial Law Clerk to the Honorable Anne E. Thompson, United States District Court for the District of New Jersey.
Maurice Elias, PhD
Director, Rutgers Social-Emotional and Character Development Lab, Rutgers University
is a psychology professor and Director of the Rutgers Social-Emotional and Character Development Lab at Rutgers University in Piscataway, New Jersey. He is also the co-director of the Academy for Social-Emotional Learning in Schools, which offers certificate programs in direct instruction and school leadership relating to SEL and character development for educators and student support professionals in school and out-of-school settings.

Past President of the Society for Community Research and Action/Division of Community Psychology (27) of the American Psychological Association (APA), Professor Elias has received the Sanford McDonnell Award for Lifetime Achievement in Character Education and the Joseph E. Zins Memorial Senior Scholar Award for Social-Emotional Learning from the Collaborative for Academic, Social, and Emotional Learning (CASEL). He is also on the leadership teams of SEL4US and SEL4NJ. Professor Elias lectures nationally and internationally to educators and parents about students’ emotional intelligence, school success, social-emotional and character development, and youth purpose.

Professor Elias received his undergraduate degree from Queens College, CUNY, and his Ph.D. in Psychology from The University of Connecticut.
Robyn B. Gigl, Esq.
Dilworth Paxson LLP
is a Partner in Dilworth Paxson LLP in the firm’s Freehold, New Jersey, office. She handles complex litigation including employment law, commercial and business litigation, and white-collar criminal defense, and has more than 30 years of experience in representing clients in state and federal courts in New Jersey.

Ms. Gigl is admitted to practice in the state and federal courts of New Jersey and before the Third Circuit Court of Appeals. She is Past Chair of the New Jersey State Bar Association LGBT Rights Section, former Vice Chair of the NJSBA Judicial and Prosecutorial Appointments Committee, and has been a member of the Association’s Women in the Profession Section and Diversity Committee. Appointed to the New Jersey Transgender Equality Task Force, she has served on the Executive Board of Garden State Equality and the Trans Affirming Alliance, and has been a member of the New Jersey Supreme Court’s Committee on Diversity, Inclusion, and Community Engagement.

Co-author of the chapter “Title VII of the Civil Rights Act of 1964” in Gender Identity and Sexual Orientation in the Workplace (BNA, 2014), Ms. Gigl has contributed articles to New Jersey Lawyer and the newsletters of the LGBT Rights Section and the Diversity Committee. She has lectured on LGBT employment and discrimination issues for ICLE, the New Jersey Judicial College, the EEOC, the New Jersey State Bar Association, the New Jersey Judicial College, Rutgers University, Kean University and other organizations, and has been interviewed on NPR. Ms. Gigl has been honored by the ACLU-NJ and Pride Network for her work on behalf of the LGBTQ community, and is the recipient of several other honors. Her first novel, By Way of Sorrow, was released in March of 2021 and her second novel, Survivor’s Guilt, in January 2022.

Ms. Gigl is a graduate of Stonehill College and received her J.D. from Villanova University School of Law, where she was a member and Associate Editor of the Villanova Law Review.
Michael F. Kaelber, Esq.
LEGAL ONE, Woodbridge
is an educational law consultant and the Coordinator for Online Course Development for LEGAL ONE NJPSA/FEA in Monroe Township, New Jersey. He retired as Director of the New Jersey School Board Association (NJSBA) Legal and Labor Relations Services Department in Trenton, New Jersey, in 2017. A member of the NJSBA staff since March 1988, he previously served as an associate with the Woodbridge, New Jersey, law firm of Hutt, Berkow and Jankowski, and was a mathematics teacher in the Woodbridge Township School District from 1973 through 1986.

Admitted to practice in New Jersey, Mr. Kaelber is a member of the New Jersey State Bar Association’s School Law Committee and the New Jersey Association for Gifted Children (NAGC), which named him to its Hall of Fame in 2011. He has served as staff liaison to several New Jersey School Board Association committees, has co-authored numerous NJSBA publications and has lectured on school law issues to the NJSBA and other educational and legal organizations. He is also the recipient of the New Jersey Association of School Attorneys Distinguished Service Award.

Mr. Kaelber received his A.B., magna cum laude, from Lafayette College, where he was elected to Phi Beta Kappa. He received his M.S. in Statistics from Rutgers University and his J.D. from Rutgers University School of Law
Andrew T. Miltenberg, Esq.
Nesenoff & Miltenberg, LLP, New York
is a Partner in Nesenoff & Miltenberg LLP in New York City, Boston, MA and Palo Alto, CA, where he focuses his practice in campus misconduct, due process and Title IX, and business litigation. He has been representing individuals, closely held businesses, partnerships and a wide range of investors in significant litigation for 30 years. Mr. Miltenberg’s work focuses in equal measure on business litigation, institutional disciplinary matters and due process, and on campus Title IX matters and related issues, an emerging area of law in which he has become a national leader. His cases have generated attention from national news media, including The New York Times, The Wall Street Journal, Newsweek, The Washington Post, USA Today, The Los Angeles Times, CBS Sunday Morning, New York Magazine, The Huffington Post, Fox News, and National Public Radio.

Admitted to practice in New York and before the United States District Court for the Southern and Eastern Districts of New York, Mr. Miltenberg is a Fellow of the Litigation Counsel of America, has served on several committees of the New York County Lawyers’ Association and is a member of the New York City Bar Association, the New York Women’s Bar Association, the Trial Law Institute and the Diversity Institute. He sits on the Board of Trustees of several organizations.

Mr. Miltenberg received his B.A. from Emory University and his J.D. from Brooklyn Law School.
Kristen Mohr, Esq.
Nesenoff & Miltenberg, LLP, New York
is Litigation Counsel at Nesenoff & Miltenberg LLP in New York City, where she concentrates her practice in civil rights, Title IX, defamation matters and faculty disputes. She brings experience as an advocate for a wide variety of clients, having represented both complainants and respondents in college disciplinary matters as well as victims of both sexual misconduct and racial discrimination. She also worked at the Federal Defenders Office of Wisconsin, where she advocated for indigent clients on numerous matters ranging from narcotics violations to gang-related violence.

Ms. Mohr received her J.D. from the University of Wisconsin. During law school, she worked as a member of the criminal defense team for a high-profile matter in Wisconsin, securing a not guilty verdict and thereby regaining the client’s life. Throughout law school, she had a particular focus on the impact of systemic and institutionalized racial discrimination in the criminal justice system and continues to fight for equality and justice.
Michael Paragano, Esq.
Nagel Rice LLP, Edison
is a Partner in Nagel Rice LLP in Roseland, New Jersey, where he concentrates his practice in personal injury, medical malpractice, class actions and civil litigation. Prior to joining Nagel Rice in 2016, he was an associate at a New Jersey law firm where he exclusively focused his practice representing plaintiffs in civil litigation, including personal injury and medical malpractice matters.

Mr. Paragano is admitted to practice in New Jersey and New York, and before the United States District Court for the District of New Jersey. He is a member of the Middlesex County Bar Association and the New Jersey Association for Justice (NJAJ), and serves as Co-Chair of the Association’s Young Lawyers Division.

Mr. Paragano received his B.A., with honors, from Rutgers University and his J.D., cum laude, from Seton Hall University School of Law, where he was a member of the Mock Trial Team and the recipient of the Joseph P. Lordi Memorial Scholarship, based on academics after his first year. He clerked for the Honorable Donald W. De Leo, Surrogate of Hudson County.
Diane E. Sammons, Esq.
Nagel Rice, LLP, Roseland
with more than 25 years of experience as a litigator, is a Partner in Nagel Rice LLP in Roseland, New Jersey. She started her career as a criminal prosecutor in the Manhattan District Attorney’s Office, then began work at one of the largest commercial firms in the state, focusing on mass complex tort cases (including the DES’ litigation, tobacco litigation and fetal-alcohol syndrome), commercial litigation, insurance and white-collar criminal defense work. She joined Nagel Rice in 1990.

Ms. Sammons is admitted to practice in New Jersey and New York, and before the United States District Court for the District of New Jersey and the Southern and Eastern Districts of New York. She is a member of the American Bar Association, the Ecclesiastical Law Society, the Episcopal Chancellors’ Network and other organizations, and is a former member of the District V-B Ethics Committee. In 2004, Ms. Sammons was installed as Chancellor of the Episcopal Church of Newark, where she serves as special legal advisor to the Bishop and oversees all legal matters for the 113-church Diocese, including employment, real estate, transactional work, clergy discipline, ecclesiastical law and litigation. She has been a frequent guest on radio and talk shows speaking about some of her cases.

Ms. Sammons received her B.A. from the College of William & Mary and her J.D. from Seton Hall University School of Law.

Best of NJICLE Replay
Don't miss this opportunity to catch up on the Bullying, Harassment and the Law program you missed!

Bullying is still devastating our children. Years after New Jersey passed the first anti-bullying law in the country, twelve years after New Jersey enacted The Anti-Bullying Bill of Rights and one year after the enaction of Mallory’s Law, bullying and harassment are still hurting, traumatizing, and sometimes even killing our kids.

Register for this replay as Dr. Stuart Green, the Executive Director of the New Jersey Coalition for Bullying Awareness and Prevention, along with a panel of experienced practitioners as they provide you with the most up to the minute information that will help you better represent students of all ages who have been subject to bullying, intimidation and harassment. The presenters will discuss practical steps to take and the latest on case law, statutes, regulations and procedures. 

  Topics include:

  • School Culture and Climate as a Means of Bullying Prevention Maurice Elias, PhD
      A leading expert on social emotional learning and school culture will discuss the role that school culture and climate play in bullying prevention and will explore the reasons that some schools don’t respond adequately to these issues when they arise.
  • Bullying Law UpdateMichael F. Kaelber, Esq.
              Michael will survey the latest in bullying cases and statutes.
  • Transgender Student Rights – The Current Status of the LawRobyn B. Gigl, Esq.
      Robyn will review the current issues involving transgender youth with a focus on statures, policies and cases impacting transgender students.
  • Deliberate Indifference/Title 9Andrew T. Miltenberg, Esq.; Kristen Mohr, Esq.
      This segment will explore a school’s obligation when bullying occurs, where liability kicks in under Title IX and new avenues for strengthening approaches to these situations.
  • The Mallory Grossman Case Diane E. Sammons, Esq., Michael J. Paragano, Esq.
      One of the lead attorneys for the plaintiff will discuss the facts and status of the case, the pros and cons of a private cause of action for negligence against school officials for bullying resulting in a suicide; defenses to overcome (HIB Statute, Tort Claims Act, Proximate Cause); and Media as a tool in HIB cases, including efforts and success at legislative action.
  • Hon. Alberto Rivas, J.S.C. will provide a judge’s perspective on bullying litigation.

CLE Credits
NJ CLE:NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 6.3 hours of total CLE credit, including 1.2 in Diversity (Full Credits Available: NJ Advanced Diversity: 1.2, NJ General: 5.1).
NY CLE (t&nt):NY Diversity Non-Transitional: 1.0, NY Professional Practice Non-Transitional: 5.0
PA CLE:PA Ethics Credit: 1.0, PA Substantive Credit: 4.0
New: No PACLE fee is required for this program. To earn PA CLE credits, a valid PA Bar ID number must be entered into the CLE form provided after attending the program.

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