Civil Liability for Sexual Misconduct

In Florek v. Vannet, a case based on a claim of unconsented sexual contact, the plaintiff asserted three claims against the defendant: battery, negligence, and negligence per se based on the defendant’s violation of Minnesota’s third degree criminal sexual conduct statute. The plaintiff dismissed the negligence claim. The case was tried by a jury, which found against the plaintiff on the battery claim but in her favor on the negligence per se claim. While the opinion is nonprecedential, it demonstrates not only the limitations on battery actions in cases involving nonconsensual sexual contact, but also the unusual application of negligence per se theory incorporating Minnesota’s criminal sexual conduct as the platform definition of what is reasonable conduct. The case effectively appears to have created a new cause of action—negligent sexual contact. Although many cases involving sexual batteries are pursued as negligence claims against persons or entities who are either vicariously liable for the conduct of individuals who commit sexual batteries or otherwise are negligent in failing to prevent them, this Article uses Florek as a springboard to examine the potential theories of recovery for sexual abuse against the person who initiated that contact. Florek has broader implications and lessons for the use of criminal sexual conduct statutes in civil litigation, and it also suggests the need for more adequate civil remedies in cases involving sexual abuse, whether those remedies are common law, statutory, or a combination. Part II of this Article sets out the basic facts of the case and briefly explains the plaintiff’s theories of recovery and how those theories were submitted to the jury. Part III examines battery theory in Minnesota and how it has been applied by Minnesota courts, comparing this with the approach to battery taken by the Restatement (Third) of Torts: Intentional Torts to Persons. Part IV provides a brief look at negligence theory in Minnesota. Part V explores the overlap between battery and negligence theories in cases involving sexual abuse. Part VI provides an overview of the application of criminal statutes in civil litigation, including the negligence per se issue. Part VII examines the decisions of the Minnesota Supreme Court considering whether there is a separate tort of sexual battery in Minnesota. Part VIII sets out the Minnesota approach to common law change and considers whether there could be a separate tort for sexual battery. Part IX considers the possibility of a separate statutory tort of sexual abuse. Part X examines the issue of insurance coverage in cases involving sexual abuse. Part XI concludes that there is a strong foundation for the expansion of remedies in sexual abuse cases

Integrating Information into the Engineering Design Process

Engineering design is a fundamental problem-solving model used by the discipline. Effective problem-solving requires the ability to find and incorporate quality information sources. To teach courses in this area effectively, educators need to understand the information needs of engineers and engineering students and their information gathering habits. This book provides essential guidance for engineering faculty and librarians wishing to better integrate information competencies into their curricular offerings. The treatment of the subject matter is pragmatic, accessible, and engaging. Rather than focusing on specific resources or interfaces, the book adopts a process-driven approach that outlasts changing information technologies. After several chapters introducing the conceptual underpinnings of the book, a sequence of shorter contributions go into more detail about specific steps in the design process and the information needs for those steps. While they are based on the latest research and theory, the emphasis of the chapters is on usable knowledge. Designed to be accessible, they also include illustrative examples drawn from specific engineering sub-disciplines to show how the core concepts can be applied in those situations. Part 1: Making the Case for Integrated Information in Engineering Design: Information Literary and Lifelong Learning (Michael Fosmire); Multiple Perspectives on Engineering Design (David Radcliffe); Ways that Engineers Use Design Information (Michael Fosmire); Ethical Information Use and Engineering (Megan Sapp Nelson); Information-Rich Engineering Design: A Model (David Radcliffe). Part 2: Pedagogical Advice on How to Implement in Courses: Build a Firm Foundation: Managing Project Information Effectively and Efficiently (Jon Jeffryes); Find the Real Need: Understanding the Task (Megan Sapp Nelson); Scout the Lay of the Land: Exploring the Broader Context of a Project (Amy Van Epps and Monica Cardella); Draw on Existing Knowledge: Taking Advantage of What is Already Known (Jim Clarke); Make Dependable Decisions: Using Trustworthy Information Wisely (Jeremy Garritano); Make It Real: Finding the Most Suitable Materials and Components (Jay Bhatt); Make It Safe and Legal: Meeting Standards, Codes, and Regulations (Bonnie Osif); Get Your Message Across: The Art of Sharing Information (Patrice Buzzanell and Carla Zoltowski); Reflect and Learn: Extracting New Design and Process Knowledge (David Radcliffe); Preparing Students to be Informed Designers: Assessing and Scaffolding Information Literacy (Senay Purzer and Ruth Wertz).https://docs.lib.purdue.edu/purduepress_ebooks/1030/thumbnail.jp

Integrating Information into the Engineering Design Process

Engineering design is a fundamental problem-solving model used by the discipline. Effective problem-solving requires the ability to find and incorporate quality information sources. To teach courses in this area effectively, educators need to understand the information needs of engineers and engineering students and their information gathering habits. This book provides essential guidance for engineering faculty and librarians wishing to better integrate information competencies into their curricular offerings. The treatment of the subject matter is pragmatic, accessible, and engaging. Rather than focusing on specific resources or interfaces, the book adopts a process-driven approach that outlasts changing information technologies. After several chapters introducing the conceptual underpinnings of the book, a sequence of shorter contributions go into more detail about specific steps in the design process and the information needs for those steps. While they are based on the latest research and theory, the emphasis of the chapters is on usable knowledge. Designed to be accessible, they also include illustrative examples drawn from specific engineering sub-disciplines to show how the core concepts can be applied in those situations. Part 1: Making the Case for Integrated Information in Engineering Design: Information Literary and Lifelong Learning (Michael Fosmire); Multiple Perspectives on Engineering Design (David Radcliffe); Ways that Engineers Use Design Information (Michael Fosmire); Ethical Information Use and Engineering (Megan Sapp Nelson); Information-Rich Engineering Design: A Model (David Radcliffe). Part 2: Pedagogical Advice on How to Implement in Courses: Build a Firm Foundation: Managing Project Information Effectively and Efficiently (Jon Jeffryes); Find the Real Need: Understanding the Task (Megan Sapp Nelson); Scout the Lay of the Land: Exploring the Broader Context of a Project (Amy Van Epps and Monica Cardella); Draw on Existing Knowledge: Taking Advantage of What is Already Known (Jim Clarke); Make Dependable Decisions: Using Trustworthy Information Wisely (Jeremy Garritano); Make It Real: Finding the Most Suitable Materials and Components (Jay Bhatt); Make It Safe and Legal: Meeting Standards, Codes, and Regulations (Bonnie Osif); Get Your Message Across: The Art of Sharing Information (Patrice Buzzanell and Carla Zoltowski); Reflect and Learn: Extracting New Design and Process Knowledge (David Radcliffe); Preparing Students to be Informed Designers: Assessing and Scaffolding Information Literacy (Senay Purzer and Ruth Wertz).https://docs.lib.purdue.edu/pilh/1000/thumbnail.jp

From Tort to Crime: Some Reflections on the Criminalization of Fiduciary Breaches and the Problematic Line between Law and Ethics

Within the context of mail and wire fraud prosecutions, criminal liability for breach of fiduciary duties is being imposed with increasing frequency. Professor Coffee discusses the disturbing failure of the courts to require that the fiduciary\u27s conduct have caused legally cognizable harm to the beneficiary. He concludes that an affirmative defense should be available to fiduciaries to show the lack of proximate cause between a breach and the injury. In addition, federal enforcement should occur only after state and private remedies have proven inadequate

Integrating Information into the Engineering Design Process

Engineering design is a fundamental problem-solving model used by the discipline. Effective problem-solving requires the ability to find and incorporate quality information sources. To teach courses in this area effectively, educators need to understand the information needs of engineers and engineering students and their information gathering habits. This book provides essential guidance for engineering faculty and librarians wishing to better integrate information competencies into their curricular offerings. The treatment of the subject matter is pragmatic, accessible, and engaging. Rather than focusing on specific resources or interfaces, the book adopts a process-driven approach that outlasts changing information technologies. After several chapters introducing the conceptual underpinnings of the book, a sequence of contributions go into detail about specific steps in the design process and the information needs for those steps

Open Access Literature in Libraries: Principles and Practices

Open Access has evolved into the most complex challenge of the scholarly communication landscape and something libraries grapple with on a regular basis. But although librarians hold increasingly positive perceptions about OA, including its richness of unique content and immediacy of access, many lack the understanding, training, documentation, and knowledge of best practices that would allow them to engage with it confidently. This book helps to fill that gap, using a holistic approach that walks readers through the steps of integrating OA resources into library collections and supporting OA initiatives irrespective of budget, institution type, collection size, and staffing. Explaining definitions and models of OA, types of OA support, the tensions between free-to-read and libre OA, and other key topics, from this book readers will learn: the origins and growth of OA, how to define it, and some of the ways in which librarians have made connections to OA; where OA diverges from the historic role of library collection development policies and ways to bring OA into alignment with an institution\u27s collection development principles and practices; real-world examples of how libraries have supported or integrated OA into their collections, including strategies for selecting and activating OA titles and collections for inclusion, offering open educational resources (OER) to students, samples of collection management workflows, and ideas for aligning collections with institutional repositories or other Green OA initiatives; guidance on financially supporting OA content, initiatives, and platforms; how OA publishing does and does not harmonize with diversity, equity, and inclusion initiatives; and tips for using ongoing assessment and evaluation to continuously support the library’s path to an open future

SUPERVISORS’ EXPERIENCE OF RESISTANCE DURING ONLINE GROUP SUPERVISION: A PHENOMENOLOGICAL CASE STUDY

Leaders in higher education institutions throughout the United States regard distance learning as an important part of their long-term strategic planning (Allen & Seaman, 2015). Counselor education and supervision training programs are following this trend as demonstrated by the increase of online programs being offered to train professional counselors (Renfro‐Michel, O\u27Halloran, & Delaney, 2010). Some studies have investigated how online supervision compares to in-person or face-to-face counselor training (e.g., Lenz, Oliver, & Nelson, 2011). However, little is known about counselor educators’ experiences of online group supervision. A phenomenological case study explored the counselor educators’ lived experiences of resistance during online group supervision in Council for Accreditation of Counseling and Related Educational Program (CACREP) accredited programs. The results of the study identified four themes: the supervisory relationship matters, differences exist between online and face-to-face supervision, positionality and privilege influence resistance, and resistance is dynamic. The study’s findings could enhance the field’s understanding of resistance and expand on how to consider and approach resistance during online supervision