Minnesota State University, Mankato
Department of Speech, Hearing, and
Rehabilitation Services
Graduate Certificate Program in
Forensic Vocational Rehabilitation
103 Armstrong Hall
Mankato, Minnesota 56001
Course Syllabus – Fall Semester 2009-2010
REHB 672 Law and the Forensic Rehabilitation Consultant
Instructor:
Office:
Phone:
Email:
Kenneth R. White
(507) 345-8811
kenwhite@hickorytech.net
Credits: 3
Online Class hours: To Be Arranged
Online Office hours: To Be Arranged
Required Texts and Materials:
(NOTE: Students should order directly from Elliott & Fitzpatrick and mention they are
using the texts for the specified course number, course name, and university, in order
to receive 10% discount off the price. URL for the publisher is:
http://www.elliottfitzpatrick.com)
1) Field, T., & Johnson, C. (2006). The Daubert Challenge: From Case Referral
to Trial. Athens, GA: Elliott & Fitzpatrick. ISBN: 0-945019-99-8.
2) Field, T., et al (2006). Methods and Protocols: Meeting the Criteria of General
Acceptance and Peer Review Under Daubert and Kumho. ISBN: 0-945019-98-X.
3) Stein, D. (2006). Rules, Civil Procedure & Evidence: A Guide for the Forensic
Rehabilitation Consultant. ISBN: 1-4243-0717-1.
4) Field, T., et al (2005). Admissible Testimony: A Content Analysis of Selected Cases
Involving Vocational Experts with a Revised Clinical Model for Developing an
Opinion. ISBN: 0-945019-97-1.
5) Blackwell, T., et al (2005). The Vocational Expert. ISBN: 0-945019-97-1.
Supplemental materials:
Articles provided by instructor and found by students
REHB 672 Law and the Forensic Rehabilitation Consultant
Course Syllabus (Fall Semester 2009-2010)
2
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
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; trial
procedures.
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
REHB 672 Law and the Forensic Rehabilitation Consultant
Course Syllabus (Fall Semester 2009-2010)
3
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,
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 the rules based content
in the course. (20% 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(s), 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. (40%)
4. Demonstrating the research and development abilities to effectively present
qualifications and marketing to a specific set of attorneys – those involved in
personal injury, wrongful death and similar tort-based litigation. (20%)
B: Grading Method:
A student’s work in any course will be evaluated in accordance with the following
system of letter grades per Minnesota State University, Mankato, academic policies:
A
B
C
D
F
NC
P
represents work of definitely superior quality
represents a better-than-average level of performance.
represents an average-level of performance.
represents below-average performance.
represents an unacceptable level of performance (regular graded courses).
represents an unacceptable level of performance (P/N graded courses).
represents passing performance (P/N graded courses).
In addition to use of straight A, B, C, D, F, NC and P letter grades, faculty members will
have the option of using +/- additions (which is referred to as “shaded grading,” within
REHB 672 Law and the Forensic Rehabilitation Consultant
Course Syllabus (Fall Semester 2009-2010)
4
the university community). Shaded grading will be used for this course and others in the
Graduate Certificate Program in Forensic Vocational Rehabilitation. Students admitted
to and completing this program will be graded on a letter grade basis, which will not
include the option of P/NC (Pass/No credit) grading.
Incomplete Grades (I)
The grade of “incomplete” (I) is reserved for special cases and means that, because of
extenuating circumstances, the student failed to meet a specific need and an important
requirement of the course, but has in other respects done passing work for the semester.
The incomplete must be made up in the next semester in which the student is enrolled,
unless other arrangements have been made between the student and instructor who
assigned the grade. The instructor must file an “Extension of an Incomplete” form with
the Office of the Registrar if more time is to be granted. If the deficiency is not made up
within the specified time, the grade automatically becomes an F (regular-graded course)
or NC (for a P/NC graded course).
Students making up an incomplete should not re-register for the class. Students making
up incompletes cannot be used for enrollment or financial aid verification in subsequent
terms.
In-Progress Grades (IP)
The grade of “in-progress” (IP) is reserved for courses that are designed not to be
completed by the end of the term. If you have any question about the possibility of
receiving an IP grade, please consult with the instructor of the class or with the program
coordinator.
Quality Points
Quality points (grade points) are determined on the basis of letter grades. The number of
quality points earned for a course may be determined by multiplying the number of points
the grade commands by the number of credits the course carries.
Quality point calculations are as follows:
A+
A
AB+
B
BC+
C
C-
=
=
=
=
=
=
=
=
=
4.00
4.00
3.67
3.33
3.00
2.67
2.33
2.00
1.67
REHB 672 Law and the Forensic Rehabilitation Consultant
Course Syllabus (Fall Semester 2009-2010)
D+
D
DF
=
=
=
=
5
1.33
1.00
0.67
0.00
Course Format:
Each module within the course will include an online lecture format available for
student access online. This will be followed by online discussion 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, or found by the
students. 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 (asynchronous) to topics and
questions posed by the instructor or another class participant would 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.
Module
(Week)
Content
1 (1)
Qualifications
2 (2)
Marketing and Meeting Client Needs
3 (3-4)
Fundamentals of a Lawsuit
4 (5-6)
The Discovery Process
5 (7-9)
Evidence
REHB 672 Law and the Forensic Rehabilitation Consultant
Course Syllabus (Fall Semester 2009-2010)
6 (10-12)
Properly Forming and Expressing Opinions
7 (13)
Communicating with Counsel
8 (14-15)
Anatomy of a Civil Trial
6
Instructional Evaluation: Online – Anonymous; Under “Surveys”
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/find/results.php?key_words=access+students+disabilities
Academic Honesty/Plagiarism:
http://www.mnsu.edu/find/results.php?key_words=Academic+Honesty
Non-Discrimination in Employment and Eduction (MnSCU):
http://www.mnscu.edu/board/policy/1b01.html
University Policies and Procedures: http://www.mnsu.edu/atoz/policies/