Institutional Liability for Sexual Assault and Abuse

Date: Nov 10, 2023 9:00 a.m. – 12:35 p.m.

Location: Online

Member Price: $160

Non-Member Price: $200

Event Code: I136123

Areas of Law: Civil, Criminal Law

Earn up to 4 credits! (More Information)




Michael J. Pender, Esq.
Pender & Strickland LLC, Atlantic City


Oliver T. Barry, Esq.
Barry Corrado & Grassi PC, Wildwood
Leo B. Dubler, III, Esq.
The Law Offices of Leo B. Dubler, III, LLC, Mount Laurel
Elizabeth L. Jeglic, PhD
Office of Elizabeth L. Jeglic, PhD

Institutional Liability for Child Sexual Assault and Abuse: Navigating the Path of Accountability is a serious and thoughtful program that delves into the crucial topics of:

  • How attorneys can better represent their clients who have been sexually abused or assaulted in institutions
  • What attorneys for institutions can do to effectively prevent abuse and assault
  • How to foster a better understanding of the effects of the trauma faced by clients who are victims

Recent multi-million-dollar settlements in significant sexual abuse cases have brought to the forefront the implications of the 2019 amendment to New Jersey's Charitable Immunity Act. Designed to hold organizations accountable for the harm caused by their employees, agents, servants, and volunteers, the amendment represents a landmark shift towards ensuring the protection of children and fostering institutional responsibility.

Our panel consisting of esteemed attorneys, a noted psychologist and a respected damages assessment specialist will help you unravel the legal framework, explore practical strategies, assess psychological harm, and shed light on damages and liability allocation. Whether you represent plaintiffs, institutions, or individuals seeking to safeguard their organizations, you will acquire invaluable knowledge to navigate this evolving landscape effectively and be better equipped to represent your clients.

  • 9:00 - Welcome and Introductions
  • 9:10 - Understanding the Revised Charitable Immunity Act and Tort Claims Act and Its Implications - Michael J. Pender, Esq.

    Discover the impact of New Jersey's 2019 Charitable Immunity Act amendment, exploring its implications for institutional responsibility and emerging vicarious liability in cases of child abuse and bolster your knowledge of:
    - Charitable Immunity Act Amendment: Analyze the 2019 amendment to New Jersey's Charitable Immunity Act and its intended purpose of holding institutions liable for sexual abuse of children.
    - Vicarious Liability: Examine notable cases, including the recent settlements, to gain insights into the emerging era of accountability for schools, churches and other nonprofit organizations implicated in the abuse of minors.
    - Financial Accountability: Implications of the amendment for institutional responsibility and financial accountability in cases involving sexual assault and abuse.
    - Non-delegable Duties: Consider the pivotal role of non-delegable duties in establishing the responsibility of organizations to protect individuals, particularly in intimate living arrangements and close relationships.

  • 10:00 - Navigating Sexual Harassment Cases within the LAD Legal Framework - Leo B. Dubler, III, Esq.

    Delve into the intricate landscape of addressing sexual harassment within the framework of the New Jersey Law Against Discrimination. Led by esteemed lawyer, Leo Dubler, this segment offers a deep exploration of LAD's categorical prohibition of sexual harassment in crucial areas such as housing, employment, and places of public accommodation.
    - LAD's Wide-Ranging Scope: Examine LAD's explicit prohibition of sexual harassment in workplaces, housing, and public accommodations, grasping its far-reaching impact.
    - Public Accommodations' Obligations: Grasp the duty of public accommodations to address harassment, with real-world instances clarifying actions needed.
    - Schools' LAD Liability: Analyze the complexities of LAD's application to schools, covering student-on-student, employee, and contractor harassment.
    - Proving Employer Liability: Learn the criteria for establishing employer liability in harassment cases, essential for building strong legal cases.

  • 10:35 - Break
  • 10:45 - Unveiling Sexual Abuse and Harassment in Correctional Settings: Extracting Insights from the Edna Mahan case - Oliver T. Barry, Esq. 
    Explore the complexities of addressing sexual abuse and harassment within correctional settings. Oliver Barry will help you glean lessons from the Edna Mahan case to enhance your comprehension of a correctional facility's responsibility in preventing sexual abuse of inmates and:
    - Managing effective discovery in corrections: Identifying and locating key information, collaborating with stakeholders, and fostering accountability against harassment culture.
    - Preventing a Culture of Acceptance: Find out the proactive, effective policies and practices that institutions should undertake to ensure the protection of vulnerable individuals and prevent a culture of acceptance of sexual violence.
    - Dealing with the State: Obtain best practices for navigating bureaucracy, strategically managing administrative control and class action dynamics and understanding the AG’s decision-making process.
    - Damages for Sexual Violence: Determining a fair amount for direct victims and for ambient harassment.

  • 11:20 - Elevating Institutional Accountability: Effective Strategies and Expert Guidance - Elizabeth L. Jeglic, PhD
    Bolster your understanding of the victim’s perspective as well as methods that institutions can use to prevent child sexual abuse with Dr. Elizabeth Jeglic, a global authority in Sexual Violence Prevention, Sexual Grooming, Child Sexual Abuse, and Sexual Assault. Broaden your insights, help your institutional clients adopt effective strategies, and contribute to safer, more responsible institutions by enhancing your know-how on:
    - Institutional Safeguarding: Explore the pivotal role of sexual violence prevention experts within institutions. Learn how their involvement can reshape protective measures and cultivate a culture of safety.
    - Grooming Dynamics Demystified: Grasp the manipulative tactics that enable sexual grooming, obstruct disclosure, and impede detection. Discover effective ways to educate juries on these tactics.
    - Calculating Damages for Lifelong Impact: Delve into the enduring repercussions of childhood sexual abuse. Acquire understanding insights that will help you appropriately support your clients with an understanding assess damages, considering emotional, psychological, and physical tolls.
  • 12:20 - Q&A and Wrap Up
  • 12:35 - Adjourn

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 4 hours of total CLE credit (Full Credits Available: NJ General: 4.0).
NY CLE (t&nt):NY Professional Practice Non-Transitional: 4.0
PA CLE:PA Substantive Credit: 3.0
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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