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Quality Assurance Mental Health

Location:
Delmar, NY
Posted:
February 11, 2013

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Resume:

Appendix A

Nancy K. Ray, Ed.D.

NKR & Associates, Inc.

*** ******** ******, ***** **

Delmar, New York 12054

518-***-****

abqpuh@r.postjobfree.com

I. Current Employment

**** - ******* *********, NKR & Associates, Inc.

A consultation corporation specializing in the provision of monitoring services in conjunction

with class action law suits, administrative sanctions of state governments, and corporate integrity

agreement issued by the U.S. Office of the Inspector General. NKR & Associates has a full time

staff, including experts in the design of quality assurance systems, conduct of trend studies of

abuse, neglect, reportable incidents and deaths, nursing and clinical services, the precepts of

governmental regulatory oversight and fiscal accountability standards for most health care

programs for the elderly and for persons with disabilities. In addition, the firm has specialized in

the development of technical assistance and management strategic plans to assist health care

companies achieve compliance with Court Orders and federal and state governmental standards.

II. Education

John F. Kennedy Institute for Government Executives, Harvard University, 1986

Doctorate of Education, State University of New York at Albany, 1978

Masters of Education, State University of New York at Albany, 1972

Bachelor of Arts, Duke University, 1970

III. Expert Consultant Experience

Current Clients

Monitor, United States v. State of Tennessee et. al. (Arlington Developmental Center)

2001

Western District of Tennessee, Civil Action No. 92-2062-M1/A**

2011 Monitor for Department of Justice, CRIPA Division, Georgia State Hospitals

2011 Consultant, Department of Justice, Criminal Fraud Division

2011 Washington Disability Rights, Protection from Harm

2011 Protection from Harm Consultant State of Oregon Medicaid Agencies

Recent Clients

2008 Protection from Harm Consultant State of Oregon Medicaid Agencies

2001 - 2007 Monitor of the Corporate Integrity Agreement between the HHS Office of Inspector General and

Twin Oaks Nursing Care Center

1

2000 - 2009 Protection from Harm Consultant State of Ohio Department of Mental Retardation and

Developmental Disabilities

2000 - 2004 Monitor of the Corporate Integrity Agreement between the HHS Office of Inspector General and

Brentwood Behavioral Health Company

Court Expert, Goebel v. Colorado Department of Institutions (Class Action: re: community mental health

2001 -2002

services in Denver; temporary Court appointment to conduct an independent evaluation of the State=s

compliance with a 1993 Settlement Agreement)**

2000 - 2001 Consultant, Commission on Mental Health Services, Washington DC (To conduct an evaluation of the

District=s assertive community action treatment teams for persons with serious mental illness)

Expert Consultant, Center for Public Representation, Rolland v. Celluci, Federal District Court of

1999-2000

Western Massachusetts (Class Action re: persons with developmental disabilities inappropriately

placed in nursing homes) **

Expert Consultant, Connecticut Traumatic Brain Injury Association v. Michael Hogan, U.

1991 - 2001

S. District Court for Connecticut (Class Action re: persons with brain injuries in state psychiatric

institutions)**

Court Monitor, M.L. et. al. v. State of Wisconsin (Class Action re: restraint and seclusion practices with

1998-1999

adults and children in Wisconsin state mental health hospitals)

Monitor of the Corporate Integrity Agreement, United States of America v. Charter Hospital of St. Louis

1998-1999

(Class action by HHS Inspector General re: financial and treatment practices at a private psychiatric

hospital)

1998 Consultant, Department of Juvenile Justice, State of Georgia: regarding a statewide quality

assurance and abuse and neglect investigation system

Expert Consultant, Richard Messier, et. al. v. Southbury Training School, et. al., United States District

1997-1999

Court of Connecticut (Class Action re: persons with developmental disabilities in a state

institution)**

Consultant to the Monitor, Arnold v. Sarn, a community class action settlement regarding services to

1996-1999

adults with serious mental illness in Phoenix, AZ

1996-2000 U.S. Department of Justice, Civil Rights Division (Re: Louisiana juvenile detention facilities and

constitutional standards for rehabilitation and protection from harm; Re: New Mexico School for the

Vision Impaired and constitutional standards for habilitation and protection from harm; Re: G.

Pierce Wood Hospital**)

Expert Consultant, ACLU of Illinois, K.L. et. al. v. Jim Edgar, U.S. District Court of Illinois (Class Action

1996-1997

re: Illinois mental health system)

1996 The Center for Mental Health, Washington D.C. (Re: design of a quality management, utilization

review, and management information system for a large multi-faceted mental health outpatient

program)

** References cases where court testimony or depositions have been given

2

1995-1998 Consultant, State of Hawaii, Department of Health, Hawaii State Hospital (Re: appropriate

treatment planning and therapeutic programming, protection from harm, and the use of restraint and

seclusion)

Expert Consultant, Williams v. Wasserman, U.S. District Court of Maryland (Class Action re: persons

1995-1997

with multiple disabilities in state psychiatric centers)**

1995 State of Oregon, Fairview Training Center (Re: appropriate prevention and response to allegations

of abuse and mistreatment of residents)

Swidler and Berlin, Hunt v. Mesaros, U.S. District Court of Maryland (Class Action re: Great Oaks

1995

Center, a state institution serving persons with developmental disabilities)

Federal Court Monitor, Jackson v. Ft. Stanton in U.S. District Court for the District of New Mexico

1993-1997

(Class Action re: state centers for persons with developmental disabilities)

Expert Consultant, Wyatt v. Stickney, U.S. District Court for Alabama, Northern Division (Class

1991- 92

Action re: state mental health and retardation institutions)

Court Monitor, Connecticut Association for Retarded Citizens v. Gareth Thorne, et. al., U.S. District Court

1988- 90

for the District of Connecticut (Class Action re: the Mansfield Training School)

Expert Consultant, Lelsz v. Kavanagh, U.S. District Court of the Northern District of Texas (Class

1987-90

Action re: state schools for persons with mental retardation)**

IV. Previous Employment

1979 - 1995 NYS Commission on Quality of Care for the Mentally Disabled

1993 - 1995 First Deputy and Policy Research Director

1980 - 1992 Policy Director and Special Assistant to the Chairman

1979 - 1980 Staff Training Development Specialist

NYS Board of Social Welfare, Research Associate

1978 - 1979

1975 - 1978 State University of New York at Albany, Research Associate and Lecture

Hilo, Hawaii and West Seneca, New York, First Grade Teacher

1970 - 1974

V. Published Works

"Capitalizing on the Safety Net of Incident Reporting Systems in Community Programs" in Choice and Responsibility:

Legal and Ethical Dilemmas in Services for Persons with Mental Disabilities, New York, 1994

"Understanding Parents Who Are Mentally Retarded: Guidelines for Family Preservation Programs" in Child Welfare,

73:6, November 1994. (second authors, Harriet Rubenstein and Natalie Russo)

"Elements of an Effective Governmental Watchdog Agency" in Quality Assurance for Individuals with Developmental

Disabilities, Val Bradley and Hank A. Bersani (eds.) Baltimore: Paul H. Brookes, 1990.

"From Paper Tigers to Consumer-Centered Quality Assurance Tools: Reforming Incident Reporting Systems in Mental

Hygiene Programs." Mental Retardation, September 1995.

"Restraint and Seclusion Usage Among NYS Psychiatric Facilities." Psychiatric Services, October 1995 (second author,

Mark Rappaport)

3

"Patients' Perspectives on Restraint and Seclusion Experiences." Psychiatric Rehabilitation Journal, September 1996

(second authors, Mark Rappaport and Karen Meyers)

VI. Reports Submitted as an Expert Reviewer/Witness and Court Monitor

United States v. State of Tennessee et. al. (Arlington Developmental Center) Western District of Tennessee, Numerous

monitoring reports regarding community services, institutional care, abuse and neglect trends, etc.

Goebel v. Colorado Department of Institutions, A Review of the State of Colorado=s Compliance with the Goebel Settlement

Agreement and Services Plan, September 2000

People First v. Clover Bottom et. al., Trend Studies of Abuse and Neglect, Deaths, Serious Injuries, Elopements Occurring

Community Programs for Persons with Developmental Disabilities

Rolland v. Celluci, Individuals with Developmental Disabilities Residing in Massachusetts= Nursing Facilities, February,

1999 and Individuals with Developmental Disabilities/Mental Retardation Residing in Massachusetts= Nursing

Facilities, July 1999

CTBI v. Hogan, A Review of Basic Care of Individuals with Brain Injuries in Connecticut State Mental Health

Institutions, 1998

Messier et. al. v. Southbury Training School, Southbury Training School Follow-up Report, 1998 and A Review of

Southbury Training School: Focus on Basic Services, Client Safety, and Supervision, 1997

Williams v. Wasserman, In the Matter of Terri Kendall, a Patient at the Finan Center (1995) and A Review of Services for

Persons with Brain Injuries and Developmental Disabilities in Maryland State Institutions (1995)

Hunt v. Meszaros, A Review of the Great Oaks Center for Persons with Developmental Disabilities (1995)

Jackson v. Fort Stanton: Reviews of Habilitation Services and Practices Governing Unusual Incidents, Deaths, and Abuse

and Neglect at Los Lunas and Fort Stanton Hospitals and Training Schools (Series 1993 - 1996)

Wyatt v. King: Report on the Implementation of the Court Standards at Bryce Hospital (1992)

Connecticut Association for Retarded Citizens v. Thorne, et. al.: Quality Assurance Safeguards, Case Management, and

Abuse and Neglect Prevention (Series of reports, 1988-1990)

Lelsz v. Kavanagh: An Assessment of the Policies, Procedures, and Practices of the Fort Worth State School in Reporting,

Investigating and Resolving Allegations of Abuse and Neglect (1987)

VII. Major Government Publications

A. Quality Assurance Reports

Community Status Reviews (of Tennessee=s supported Living and Private ICF-MRs (2001, 2002, 2003, 2004, 2005)

Tennessee Division of Mental Retardation Services, Substantiated Reports of Class Member Abuse, Neglect, Exploitation

and Other Mistreatment (2003, 2004, 2006)

4

A Review of Elopement Incidents Among Tennessee DMRS Community Class Members, 1999

An Assessment of Maricopa Correctional Health Services= Implementation of the Quality Management Plan Required by

the Arnold v. Sarn Settlement, 1999

An Independent Review of Maricopa County=s Services for Adults with Serious Mental Illness (with Martha Knisley), 1998

Quality Management Plan for Inpatient Psychiatric Services for Maricopa Correctional Health Services, 1997

B. Services for Persons With Developmental Disabilities

Parenting with Special Needs: Parents Who Are Mentally Retarded and Their Children (1993)

Serving Parents Who Are Mentally Retarded: A Review of Eight Parenting Programs in New York (1993)

A Review of Familial Abuse of Adults with Developmental Disabilities (1992)

Inmates with Developmental Disabilities in NYS Correctional Facilities (1991)

Medication Practices in New York State Developmental Centers (1986)

Enhancing Family Support Services for the Developmentally Disabled (1985)

Promoting Equity in the Family of New York: Outpatient Services for Developmentally Disabled People (1984)

The Incident Reporting and Review System: More Process Than is Due (1983)

Willowbrook: From Institution to Community -- A Programmatic & Cost Analysis Study of 24 Residences for Severely &

Profoundly Developmentally Disabled Persons (1982)

The Endless Quest: The Autistic and Their Families (1981)

C. Services for Children

Watching Over the Children: Commission Activities on Behalf of Children with Mental Disabilities (1994)

NYS Residential Services for Children with Emotional Problems: Call for Reform (1993)

Child Abuse and Neglect in NYS Mental Health and Mental Retardation Residential Programs (1992)

Investigation into Allegations of Child Abuse and Neglect at Western New York Children's Psychiatric Center

(Interim Report, 1989; Final Report, 1990)

D. Discharge Planning for Persons with Mental Illness

Falling Through the Safety Net: Community Living' in Adult Homes for Patients Leaving Psychiatric Hospitals (1993)

Discharge Planning Practices of General Hospitals: Did Incentive Payments Improve Performance? (1993)

Discharge Practices of NYS Inpatient Psychiatric Facilities (1988)

5

Admission and Discharge Practices of NYS Psychiatric Hospitals (A Report to the New York State Legislature) (1988)

E. Restraint and Seclusion

Governance of Restraint and Seclusion Practices (1995)

Restraint and Seclusion Practices in NYS Psychiatric Facilities (1994)

Voices From the Frontlines: Patients' Perspectives of Restraint & Seclusion (1994)

F. General Mental Health Issues

Breaking with the Past: How New York's Private Psychiatric Hospitals Have Managed Since Managed Care (1996)

Adult Homes Serving Residents with Mental Illness: A Study of Conditions, Services, and Regulation (1990)

NYS Outpatient Mental Health Services: A Cost and Program Review (1989)

Patient Leaves Without Consent from New York State Psychiatric Centers: Myths vs. Facts (1989)

Preventing Inpatient Suicides: An Analysis of 84 Suicides by Hanging in New York State Psychiatric Facilities (1989)

A Review of 32 Office of Mental Health Community Residences (1988)

Outpatient Suicide: A Study of 172 Suicides Reported by New York State Mental Health Programs in 1982 (1988)

Patient Living Conditions 1984 - 85: New York State Psychiatric Centers (1987)

The Multiple Dilemmas of the Multiply Disabled: An Approach to Improving Services for the Mentally Ill Chemical

Abuser (1986)

Psychotropic Drug Usage: A Rx for Improvement -- A Study of Selected NYS Psychiatric Centers (1983)

VIII. Community Service

Parsons Child and Family Center, Board of Directors (1997 - 2000)

Hudson River Center for Program Development, Board of Directors (1995 - 2000)

Citizen Planning Committees, Bethlehem School Board (1998 - 1999)

Advocacy Study Chair, American Orthopsychiatric Assn. (1991 - 1994)

Vice President, Board of Directors Schools Out, Inc. (1985 - 1988)

Board of Directors Albany YWCA (1981 - 1984)

Chairperson of the Selections Committee for the Capital District's YWCA Tribute to Women Event (1983)

6

Curriculum Vitae

Sue A. Gant, Ph.D.

Gant, Yackel & Associates Inc. FID # 06-1150626

2015 Parkview Dr. Tel: 712-***-****

Hawarden, IA 51023 Fax: 712-***-****

Education

9/64 - 6/67 West Sioux Community High School, Hawarden, Iowa

Awarded Diploma.

9/67 - 1/69 University of Northern Iowa, 48 semester hours: Emphasis: Mental

Retardation and Physical Therapy.

1/69 - 6/71 University of South Dakota, Mental Retardation and Special Education.

Awarded B.A.

6/71 - 8/71 University of South Dakota, 12 semester hours: Graduate level; Emphasis:

Mental Retardation.

9/71 - 8/72 Southern Illinois University, Therapeutic Recreation, Developmental

Disabilities.

Awarded M.S.

6/74 - 5/78 Southern Illinois University, 113 semester hours: Educational Psychology -

Human Learning and Behavior Analysis; Developmental Disabilities

Program Development and Evaluation.

Awarded Ph.D.

1/89 Connecticut Department of Administrative Services, 24 hours: Course in

Labor Relations

Certificate

3/89 Aboud & Associates Inc., Albany, New York, 24 hour Course: Conducting

Abuse Investigations:

Certificate

1989-2011 CEUs from annual conference, workshops and training institutes. A sample

of other postgraduate educational experiences by subject matter can be found

in the training section of this resume.

Experience

9/89- Present Employed by Gant, Yackel & Associates Inc. as a consultant in human service

matters with specialization in program development and evaluation, monitoring

civil rights litigation and policy analysis.

Sue A. Gant, Ph.D. Curriculum Vitae

Page 2 of 23 May 10, 2011

12/07-Present Rule 706 Expert to the Court in Jackson et. al. vs. Fort Stanton et. al, (Civil

Action No. 87-0839), Honorable James P. Parker, United States District Court for

District of New Mexico.

Under the Federal Rules of Evidence the trial Judge has the inherent powers to

appoint expert witnesses. In December 2007 I was appointed by Judge Parker to

assess the State of New Mexico s compliance with several court orders and

stipulated agreements to ensure that the State of New Mexico meets the

individualized needs of a class of New Mexico citizens with developmental

disabilities and facilitate efforts of the parties to achieve compliance with the

orders. The Jackson class action involved a class of approximately 500 individuals

with developmental disabilities, who were institutionalized at the Los Lunas or

Fort Stanton Training School. There are approximately 320 living class members

that now reside in small community settings throughout New Mexico. New

Mexico community services are funded through the Medicaid Home and

Community Based Waiver (HCBW). Class members are adults with

developmental disabilities and handicapping conditions including complex

medical needs, behavioral and psychiatric challenges, and sensory, physical and

intellectual impairments.

4/95-2/00 Federal Court Monitor in the matter of the United States of America vs. State of

Oregon.

In April 1995 the parties agreed to my appointment to oversee the implementation

of a 1987 consent decree about conditions at Fairview Training Center. My

responsibilities included monthly review of individual class members who were at

significant risk of harm, consultation to interdisciplinary teams, and compliance

monitoring. In addition, I monitored the development and implementation of

discharge planning for community placement and provided guidance to the

management of this 600-bed institution. The Legislature passed a budget June

1997 that supported facility closure by the year 2000. Many improvements in the

care and treatment of individuals at this facility occurred over the years. The

facility had a sound behavior support policy and became restraint free for a

number of years. Discharge to community settings progressed with a census of 225

people in 12/98 and the last person was placed in February 2000. Many of the last

persons to be placed required extraordinary supports due to challenging psychiatric

illnesses and/or complex medical needs.

10/95-5/96 Mental Health Counselor for United States Virgin Islands Territorial Government

to aid the Federal Emergency Management Agency in supporting hurricane

Marilyn victims.

Provided direct support to hurricane victims and supervised outreach workers who

provided services to private citizens in their homes and students and teachers in

public schools.

Sue A. Gant, Ph.D. Curriculum Vitae

Page 3 of 23 May 10, 2011

1/87 - 9/89 Executive Assistant to the Commissioner of the Connecticut Department of Mental

Retardation (DMR) with 9, 000 recipients.

Directed the staff and operations of the DMR Quality Assurance Division;

reviewed facility and community based residential and day programs for quality

and recommended strategies for quality improvement and regulatory compliance;

system of quality assurance addressed service planning, service delivery, health

and safety, participant rights and safeguards, and financial/program accountability

for services delivered by licensed residential providers, and contracted supported

living, day services, and supported employment to all individuals supported by

DMR; Program Quality Reviews by self advocates, community members, and

DMR staff; Regional and State level Mortality Review; formulated program goals

and objectives; developed or assisted in the development of related policy and

regulations; monitored plans and policy to conform to federal, and state

accreditation standards; interpreted and administered pertinent laws; evaluated

staff; planned and implemented through research the reporting and analysis of data

compiled on the quality of life experienced by recipients of services. In

consultation with contractor, Touche Ross Consulting, participated in the

development of CAMRIS (Connecticut Automated Mental Retardation

Information System), DMR s internal mainframe data management system;

designed data menus and reports to be generated through CAMRIS. Reports used

to monitor quality of DMR services. Produced reports and presented to the Court

compliance status in Connecticut Association for Retarded Citizens v. Thorne

(Implementation Plan status- community services development) and United States

of America v. State of Connecticut (improvement in conditions at one large

segregated facility).

11/80 - 1/87 Special Master - Gary W. et al v. State of Louisiana (C.A. 74-3812). Honorable

Robert F. Collins United States District Court, Eastern District of Louisiana.

Served as an expert to the Court to ensure implementation of the Court's 1976

Order in the matter of Gary W. (Texas Children's Case) that mandated the return of

684 poor and/or handicapped Louisiana children placed in Texas facilities to their

home state. Placement was to have been accomplished using the legal principle of

"least restrictive" environment and planning was to have been predicated on

individual assessment results. The 684 class members, mostly young adults by

1980, had characteristics including mental retardation of varying degrees of

severity; multiple handicapping conditions complicated by medical involvement

and seizure disorders; emotional disturbance; chronic mental illness with some

individuals in forensic mental health centers found to be incompetent to stand trial,

while others were serving time in Louisiana juvenile detention centers and adult

penal institutions. Because of the nature of the Court's Order, exercised expertise

in program development, case management, parent counseling, developmental

assessment, behavior analysis, program evaluation, and systems review. Worked

closely with Louisiana state officials around systems reform to ensure remedial

Sue A. Gant, Ph.D. Curriculum Vitae

Page 4 of 23 May 10, 2011

actions had a lasting effect; Service Provider and Professional organizations; the

advocacy community and the Plaintiffs counsel from Children s Defense Fund

and Intervenor-United States Department of Justice. Conducted fact finding that

included individual class member status and compliance status, produced reports

to the court, issued formal (binding) and informal recommendations, held

conferences with the parties, and negotiated stipulated settlement agreements.

10/78 -11/80 Program Associate, New York Association of Retarded Citizens, et al v. Carey, et

al. U. S. District Court, Eastern District of New York, Willowbrook Review Panel,

New York, New York. Honorable John Bartells

Under the professional direction of the Willowbrook Review Panel, a seven

member Court appointed panel comprised of nationally recognized experts in the

field of developmental disabilities, and under the general direction of the Review

Panel Executive Director, provided professional services and consultation to

parties involved in this class action suit. Class members totaled 5400 persons of all

ages and who were disabled residing at Willowbrook Developmental Center on

Staten Island. The consent judgment was signed in 1972, whereas the parties

agreed to relocate these individuals into small, homelike community settings and

to provide necessary support services including educational, vocational, and health

and therapy services. Individual assessment results were the basis for provision of

services. Parental involvement, protection of rights and the practice of exercising

instrumental due process were closely monitored. Responsibilities included

monitoring a Court ordered community placement plan by writing standards that

were then applied to assess defendants compliance with said order. During this

time 2500 of the 5200 class members were living in the community in settings less

restrictive than "Willowbrook". These individuals experienced various types of

developmental disabilities including mental retardation, cerebral palsy, seizure

disorders, multiple handicapping conditions, and visual and hearing impairments

due to massive and inhumane research of Rubella, and Hepatitis B. Many

individuals also had psychiatric problems including behavior disorders.

Expertise in program evaluation, behavior analysis, individual assessment,

program design, policy analysis, systems review, and parent counseling was

exercised. Activities included the design of data collection instruments and survey

procedures; collection of data, report writing and ongoing technical assistance in

matters pertaining to compliance with the Consent Judgment. Recommendations

were made to the Court when corrective actions by the defendants were required. I

witnessed hundreds of persons with disabilities living successfully in the

community.

My work involving Willowbrook class members is cited in David and Sheila

Rothmans book, Willowbrook Wars: A Decade of Struggle for Social Justice, that

traces the history of reforms and litigation at the infamous Willowbrook State

School from 1972 to 1983.

Sue A. Gant, Ph.D. Curriculum Vitae

Page 5 of 23 May 10, 2011

8/76 - 10/78 Behavior Analyst - Anna Developmental Learning Center, Anna, Illinois.

Anna Developmental Center was an Illinois state operated facility committed to

quality services that served 150 individuals who were developmentally disabled.

Handicapping conditions of those individuals being served consisted of varying

degrees of mental retardation, multiple handicapping conditions, and emotional

disturbance.

This program was accredited by the Accreditation Council of Facilities For the

Mentally Retarded and Developmentally Disabled and was certified as an

Intermediate Care Facility for the Mentally Retarded receiving Title XIX Medicaid

Funds. Under the general direction of nationally known behavior specialists,

developed and managed a behavior management team that provided assistance in

the design and implementation of behavior management programs in this

progressive behavioral research oriented facility. Provided technical assistance to

parents and community programs in the design and implementation of behavior

management programs for individuals of varying handicapping conditions.

Participated in the design of apartment living programs and sheltered employment

options; and worked closely with psychopharmacologists and nutritionists in a

project to reduce the use of certain psychotropic and behavior modifying drugs.

1974-1977 Development Assistant of the Anna Behavioral Profile, a system to assess adaptive

behavior and plan supports and services based on assessment results. Anna,

Illinois.

8/76 - 10/76 Team Leader - Anna Developmental Learning Center, Anna, Illinois. Under the

direction of Anna Developmental Learning Center's living units coordinator, and

as an experienced professional, supervised and directed 15 staff, engaged in

activities of applying the principles and techniques of behavioral sciences to the

observation, evaluation, development of procedures and care of 30 young adults

who are severely and profoundly retarded.

5/76 - 8/76 Program Coordinator - Under general supervision of the Anna Developmental

Learning Center's administrator, supervised and coordinated the activities of

specialized program service areas, including recreation, education, hearing, speech

and religious services. Responsible for the coordination and integration of

specialized services into a cohesive program, ensuring cooperation and

communication between the various service areas.

2/76 - 5/76 Under the direction of the Anna Developmental Learning Center's living units

coordinator, and as an experienced professional, supervised and directed 18 staff,

engaged in activities of applying the principles and techniques of behavioral

sciences to the observation, evaluation, development of procedures and care of 25

young adults who are mild and moderately retarded young adults.

Sue A. Gant, Ph.D. Curriculum Vitae

Page 6 of 23 May 10, 2011

9/76 - 1/77 Counselor Southern Illinois Clinical Services, Southern Illinois University,

Carbondale, Illinois. (Counseling Internship) Sample of cases:

Acutely, emotionally disturbed 13 year old female, utilizing a cognitive

behavioral therapy approach.

An 8-year-old child with Down Syndrome and her parents using a

behavioral approach for weight control.

8/74-5/76 Program Specialist Anna Mental Health and Developmental Center, Anna, Illinois

Responsible for developing social skills and personal care programs for severely

and profoundly disabled individuals using applied behavior analysis to measure

staff performance and skill development outcomes. Worked closely with Anna

Behavior Research Institute nationally recognized researchers in methodology

design, data collection and analysis. Toilet training and replacing maladaptive

behaviors with new positive behaviors by expanding repertoires of

institutionalized adults, was the focus of our work. Eliminating socially

unacceptable behaviors provided opportunities for community acceptance.

Worked with chronically mentally ill patients to improve personal hygiene using

applied behavior analysis. Measurable outcomes included improvements in the

patient s self esteem, participation in treatment goals, and positive movement

toward out patient services.

Worked with acute mentally ill young adults (some also mentally

retarded/physically disabled) using applied behavior analysis to teach independent

living skills, coping strategies, and biofeedback techniques.

6/74 - 8/74 Educational Leave of Absence: Special Education Department: Southern Illinois

University at Carbondale, Illinois, Continuing Education; Eight week European

study tour.

I was one of 18 U. S. representatives who visited 50 facilities for person's who are

physically and mentally handicapped in nine Western European countries. The

"Normalization Principle" by Bank Mikkleson, a parent and pioneer, advocating

for equal rights of individuals with intellectual disabilities, was the study's

academic focus and emphasis in seminars and written educational materials. Each

country's health, education and welfare dignitaries shared educational and social

service information such as organizational methods, service distribution structures,

types of program delivery systems and accountability measures. Social service,

health care and educational programs for individuals with various types of

disabilities and their respective support needs were examined. Meetings were held

with parent associations, peer and advocacy support groups, professional trade

group representatives, and direct support caregivers. We attended a UNESCO

conference and shared with participants our professional experiences in the US.

Site visits included Montessori schools, public and private community residential

programs, and Anthroposophic homes, schools, and villages seen to provide a

Sue A. Gant, Ph.D. Curriculum Vitae

Page 7 of 23 May 10, 2011

positive alternative to traditional forms of institutional care; facilities for

individuals with special needs- hospitals, rehabilitation centers, prisons, a Leper

colony and Dachau. Upon return to the United States was a member of a panel

presentation at United Nations, to exchange information and professional

experiences gained from the study tour. Final exam: Essay- Based on what you

have learned-How will you, within your profession, effectuate systems change?

How will you know if you made a difference?

9/73 - 6/74 Activity Therapist 1 (Reassignment) Anna Mental Health and Developmental

Center, Anna, Illinois

Under general supervision of the Anna developmental learning center's program

coordinator, was responsible for meeting the socio-recreational program needs of

50 persons who were developmentally disabled. Ages ranged from 7-13 years on

one living unit and 13-40 years of age on another.

8/72 - 9/73 Activity Therapist 1 Anna Mental Health and Developmental Center, Anna,

Illinois.

Responsible for the planning, implementation and evaluation of therapeutic

socio/recreational programs for adults who were mentally ill and resided on an

admissions unit. Served as a member of a diagnostic treatment team that utilized a

multi-disciplinary approach.

8/72 - 11/72 Health Educator, Southern Illinois Migrant Worker's Council, Mobil Health Clinic,

Cobden, Illinois.

Served as a health educator, teaching Mexican-American migrant workers and

their families basic health care, prenatal and child care routines, cooking skills,

and alternative uses to leisure.

9/72 - 6/72 Program Coordinator, Styrest Nursing Home, Carbondale, Illinois.

Coordinated programs for residents of this facility who were of a geriatric age

and/or chronically mentally ill. Assisted in the program development of a 72-bed

wing for children who were multi-handicapped and medically involved. This wing

served children who were Illinois citizens that were being returned to Illinois from

out of state placement. Coordinated the medical team and other disciplines to

assure transfer trauma was minimized during relocation to this Illinois facility.

10/71 - 3/72 Social Skills Trainer, Federal Grant: Anna Mental Health & Developmental

Center, Anna, Illinois.

Planned and implemented social skills training and recreational programs for

adults who are were severely mentally ill and others who were mentally retarded.

Sue A. Gant, Ph.D. Curriculum Vitae

Page 8 of 23 May 10, 2011

Participated in toilet training programs, token economies, and applied behavior

analysis.

11/70-5/71 Teacher's Aide, Vermilion Public School System, Vermilion, South Dakota.

Teacher's Aide in a segregated learning disabilities classroom in a public

elementary school. Teacher's aide in a special education resource-learning center.

Students age ranged from 8 months to 10 years. Twenty-four students rotated

through this classroom where activities were individually designed based on

developmental assessment results. Responsible for motor skill and visual

perception assessments and the design of activities to ameliorate problems.

Specifically assigned to 3 infants, 2 with Down Syndrome and 2 ten year olds who

were mildly handicapped.

Academic Experience

2011 Guest Lecturer, Law School, University of South Dakota, Disability Law Class

Actions

2011 Adjunct Professor, Department of Education, University of South Dakota:

Graduate level: Independent Studies

2010 Guest Lecturer, University of the Virgin Islands Institute for Persons with

Developmental Disabilities (DD), Dual Diagnosis: DD and Mental Illness

2007 Adjunct Professor, Department of Education, University of South Dakota:

Graduate level: Independent Studies

2002-2004 Adjunct Professor, Department of Education, Dordt College, Sioux Center, Iowa

Taught undergraduate level courses: Methods and Strategies for the Instruction of

Severely Handicapped Students, Supervised Community Service and Field

Experiences-Juvenile Detention Center, Residential Treatment Center, Medicaid

Home and Community Based Waiver-supported living and employment and

family support (Respite services); Regular and Special Education Class Rooms and

public and private Day Care.

1/01-9/01 Adjunct Professor, University of Virgin Islands, St. Thomas and St. Croix, USVI.

Project Coordinator - Full Inclusion ; Teams of teachers and administrators

learned strategies for providing support to students and school personnel during

integration into regular school activities. Responsibilities included training

institutes, teaching, and providing direct support at public schools on all three

islands.

2/00-6/00; Adjunct Professor, University of Virgin Islands, St. Thomas and St. Croix, USVI.

9/00-1/01 Taught graduate course in assistive technology for persons with disabilities.

Students were full time public employees of the Departments of General and

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Special Education, Early Childhood, Vocational Rehabilitation, and Aging. This

course was team taught with national consultants and professors from Temple

University Institute for Developmental Disabilities. Supervised field experience

and provided government agencies technical assistance.

1/87-5/89 Professor, Department of Special Education, Central Connecticut State College,

New Britain, CT.

Taught five (5) semesters graduate and undergraduate level courses: Individualized

Instruction for Severely Handicapped Students, Individualized Assessment of

Severely Handicapped Students, Educating the Exceptional Learner, and

Introduction to Autism.

Consulting Experience

Sioux Center, Iowa, Public School; Positive Behavioral Supports: Special Education Students with

Severe Reputations, 2009-2010.

Woodfield Center: Beresford, South Dakota. Behavioral Consultant, 2007.

Human Resources Group: Commonwealth of Kentucky, Cabinet for Health & Family Services,

Department for Mental Health & Mental Retardation. Risk Management consultant as required by

Memorandum of Understanding (MOU) between the United States of America and the

Commonwealth and the MOU Strategic Action Plan in the matter of Oakwood Communities.

Evaluated quality of services, participated in the review of individual and system risk factors, provided

technical assistance in the design and implementation of the Quality Improvement Program and

provided management with recommendations to reduce risks. September 2005-March 2006.

Virginia Office Protection and Advocacy. Evaluated quality of services and analyzed risk management

activities at a public institution for individuals with developmental disabilities. 2005

Lutheran Social Services of the Virgin Islands. Evaluate quality of services and provide technical

assistance and staff training. Programs included services for children and adults with psychiatric issues

and/or developmental disabilities. June 2000 - August 2001.

United States Virgin Islands Territorial Government, Department of Human Services-Division of

Vocational Rehabilitation. Evaluate challenging clients and provide counselors assistance in the

development of appropriate Vocational Rehabilitation Plans. May, 2000-August 2000.

United States Virgin Islands Territorial Government, Department of Human Services-Division of

Vocational Rehabilitation. Mediator. Resolve matters contested by vocational rehabilitation clients and

their advocates. September 2000.

University of the Virgin Islands Affiliated Program for Persons with Disabilities. Conducted

workshops for seniors and assistive technology on St. Thomas and St. Croix. May 2000.

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Southern Legal Counsel, Gainesville, Florida. Evaluate adequacy of State of Florida Department of

Health and Rehabilitative Services (HRS), Psychotropic Medication Regulation For HRS Institutions;

Provide guidance towards revisions that conform to contemporary medication management practices

and safeguards to protect against harm. The development and implementation of this regulation was

developed as remedy to a wrongful death in LeClair v. Williams, Case No. 81-0008 MMP, United

District Court, Northern District of Florida, Gainesville District. October 1999-2001.

Southern Legal Counsel, Gainesville, Florida. Evaluate conditions at unit at Northeast Florida State

Hospital for persons with dual diagnosis of mental illness and mental retardation; Evaluate needs of

individual class members of Armstead vs. Coler (Case No. 84-96-CIV-J-12, United District Court of

Florida, Jacksonville Division) and make recommendations to the team; Monitor placement planning

process and evaluate adequacy of community placement within 6 months of discharge. October 1999 -

Present.

Florida Advocacy Center Inc., Fort Lauderdale, Florida. Evaluated quality of community placements

funded by the Medicaid Community Based Waiver. September-1999.

Center for Public Representation, Northampton, Massachusetts. Analyzed the New Mexico

defendant s proposed plan for disengagement of the Jackson v. Ft. Stanton matter. Reviewed and

commented on the plan for provision of community based behavior supports and assistive technology

to former institutionalized New Mexicans who are developmentally disabled, June, 1997. The Fort

Stanton facility closed in September 1994 and Los Lunas State Hospital closed June 1997.

Seven (7) attorneys of the New Mexico Trial Lawyers Association who represented six (6) plaintiffs in

Botello v. Las Vegas State Hospital. Conducted evaluations and worked with facility teams to develop

recommendations and plans for community placement. 1994 until settlement in 1996.

Center for Public Representation. Participant in a planning workshop to conduct a review of the effects

of the 1976 Brewster (Northampton, Mass. State Hospital) v. Dukakis lawsuit and develop strategies

for enhancing services and supports to persons with disabilities the next decade, November, 1996.

Center of Public Representation. Evaluated conditions at Dever State School and select community

residences; and evaluated the community placement planning process, December 1995.

Massachusetts Attorney General, Special Counsel to the Governor and Commissioner of Mental

Retardation Services. Evaluated Wrentham and Fernald institutions for persons with developmental

disabilities; Discussed solutions to resolve protracted litigation. November 1995.

Wyoming Advocacy Inc. Evaluated the state s community program, the de- institutionalization

process and the conditions at the only public institution. Provided guidance in the development of a

Quality Assurance Implementation Group as a remedy for the Court s disengagement in the matter of

Lander Training Center, August-October 1994.

New Mexico Protection and Advocacy Inc. Evaluated the defendant s placement planning process in

Jackson v. Ft. Stanton, December 1993.

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Center of Public Representation. Analyzed consumer injuries at a Massachusetts public institution.

The analysis and recommendations about quality assurance safeguards was shared with the facility

administrator. Many of the recommendations were implemented. 1993.

North Dakota Association of Retarded Citizens. Evaluated North Dakota s community programs, the

State s quality management system and conditions at the only public institution. 1992-1993. Provided

testimony about compliance status with the Court s orders.

Utah Protection & Advocacy Center. Evaluated facility quality assurance system and placement

planning procedures at a public institution; Evaluated draft consent decree for de-institutionalization in

the matter of Pannet v. Angus. 1993.

Iowa Protection and Advocacy Center. Evaluated conditions at two public institutions in June 1992

and July 1993 in the matter of Connor v. Branstad. Provided recommendations for a settlement

agreement. Settled in July 1994.

Arizona Inspector General Office and Conroy, Feinstein & Associates. Evaluated the quality of

Arizona s Title XIX (Medicaid) waiver for home and community based programs. Recipients included

children with complex medical needs living at home. 1992.

Texas Department of Mental Health and Mental Retardation Task Force in the design of a Quality

Assurance system to include abuse/neglect reporting and investigation, citizen monitoring, case

management, community options/owning own homes, choice making/self advocacy, and safeguards

against harm. August 1992.

New Mexico Protection and Advocacy Inc. Monitored 90 class members of Jackson v. Ft Stanton

who were at significant risk of harm due to complex medical needs and/or behavior difficulties.

Analyzed monthly progress reports and provided interdisciplinary teams technical assistance in

program design. These individuals resided at two institutions-Los Lunas State School & Hospital and

Fort Stanton State School & Hospital. 1991-1992.

Maryland Disability Law Center. Accompanied a representative from the governor s office and state

department of health officials on a tour of Great Oaks Developmental Center for the purpose of

discussing concerns about facility conditions, placement planning practices, and community program

alternatives. Settlement May 1992.

Central New York Legal Services. Evaluated conditions and adequacy of programs for persons with a

dual diagnosis of mental illness and mental retardation at three (3) psychiatric facilities in upstate New

York. April 1992.

Maryland Disability Law Center. Evaluated the Maryland developmental disability services quality

assurance system. Visited community programs and public institutions and met with health department

inspectors and officials and representatives from the governor s office and the office of the attorney

general. Developed a plan of correction that became the foundation of a settlement agreement. Fall of

1991

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Alabama Protection & Advocacy for the Mentally Ill. Evaluated the quality of conditions at one

facility and the system wide discharge planning process in the matter of Wyatt vs. King. September

1991.

Court monitor s office in Arnold vs. Maricopa County, Arizona, Reviewed adequacy of defendant s

quality assurance plan for services for persons with mental illness and provided comments. August

1991.

Texas Advocacy Inc. in Lelsz vs. Kavanagh. Evaluated the adequacy of habilitation for nine (9)

individuals who are developmentally disabled and who have mental health needs. Settled with

appropriate placement and mental health services. June 1991.

American Civil Liberties Union in the matter of Wilder et al v. Berstein et al, U. S. District Court,

Southern District of New York. Recommended Plan of Implementation concerning the revision of the

New York City child welfare system because of its discriminating placement practices due to religion,

race and handicapping conditions. April 1988.

Special Master, the Court of Honorable Barefoot Sanders in the matter of Lelsz et al. v. Kavanaugh, et

al., Civil Action No. CA-3-85-2462-H, United States District Court, Northern District of Texas, Dallas

Division. Testified July 1987 and cited in opinion, February 1986-July 1987.

Connecticut Department of Mental Retardation. Design of a comprehensive quality assurance system,

August-December 1986.

Connecticut Department of Mental Retardation. Participated in the development of a comprehensive

community based system to include: residential programs, integrated day programs, community support

services, placement procedures, case management and quality assurance. September 1984.

Connecticut Protection and Advocacy "Adequacy of Evaluation methods used to determine types of

adaptive equipment and habilitation and training programs needed by individuals with complex

medical and behavioral needs." December, January 1983.

Arizona Department of Mental Retardation and Attorney General State of Arizona v. Lehmann, Pima

County, Arizona Superior Court. Evaluation of community living program for an adult accused of

being inappropriately released from an institution because of a behavioral incident occurring in the

community. November 1982.

Hansen and Ligi Law Offices, New Orleans in Ramos v. Ramos and State of Louisiana. Design of

Court order compelling father to allow independent professionals to evaluate young adult with

hydrocephalus and limited motor skills for purpose of designing a community living arrangement

alternative. November 1982.

Lorraine Manor Nursing Home Management -Special evaluation of Lorraine Manor Nursing Home and

recommendations to improve services for persons who are mentally retarded and have complex medical

needs, Hartford Connecticut 1980.

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Special Master, Gary W. v. State of Louisiana. Development of Court order implementation

monitoring system. Baton Rouge, Louisiana. 1980.

Connecticut Association for Retarded Citizens. Evaluation and program planning requirements for

persons who are severely and profoundly retarded. Hartford, Connecticut 1979.

Connecticut Protection and Advocacy Services. Special evaluation of adequacy of individual

assessments and program plans for persons with complex medical needs, severe physical disabilities

and mentally retarded, Lorraine Manor Nursing Home. Hartford, Connecticut 1979.

Parent of Down Syndrome child to provide developmental assessment and consultative services to

child (7 years old) in designing his Individual Education Plan to reflect his needs as required by

Education Law P.L. 94-142. Hartford, Connecticut 1979.

Willowbrook Review Panel under the general direction of the Review Panel's Executive Director.

Directed the activities of four New York State staff from the New York Office of Mental Retardation

and Developmental Disabilities. Conducted program evaluations at three State developmental centers

for the purpose of determining compliance with the Willowbrook (NYARC v. Carey) Consent

Judgment, September 1978.

Special Master and Court Monitor ( indicates trial or deposition testimony)

April 1995- Court Monitor United States of America v. State of Oregon, et al., Civil

February 2000 Action No. 86-961-MA, U.S. District Court, District of Oregon.

December, 1993 Special Master Halderman et al. v. Pennhurst et al., Civil Action No. 74-

September 1994- 1345, U. S. District Court, Eastern District of Pennsylvania. Evaluated

compliance with community placement requirements and made

recommendations to the Court.

November 1990- Special Master in Halderman v. Pennhurst in response to a contempt

May 1991 motion filed by plaintiffs. After a trial the defendants (City of Philadelphia

& Commonwealth of Pennsylvania) were found to be in contempt of the



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