Schools need a plan to deal with suicidal students


	Edward M. Stern, J.D., has a private law practice in Newtonville, Mass. Stern serves as assistant dean for pre-law advising at Boston University and is a visiting lecturer for the University of Massachusetts/Boston Department of Sociology.

By Edward Stern, J.D.

The column, "Outcome of MIT lawsuit likely to present ramifications for mental health professionals" was featured in this publication in March 2002. A student committed suicide in that case, resulting in a lawsuit against MIT. One result of that lawsuit was that other schools and colleges changed some of their policies, to protect themselves from future liability. According to an article entitled "Mental health policies a legal 'Catch-22' for schools" by Sandhya Bathiya which appeared in The National Law Journal (Feb. 19, 2007), schools, particularly prep schools and colleges, have established policies that remove or exclude students from the school if the student has mental health issues with suicidal ideation. According to the article, "suits have been filed against Hunter College at the City University of New York, (The) George Washington University in Washington (D.C.) and, most recently, against the Ethel Walker School, a boarding school in Simsbury, Conn."

The article says that, "lawsuits filed against several schools in multiple jurisdictions and complaints filed with the U.S. Department of Education's Office of Civil Rights, allege discrimination under the Americans with Disabilities Act (ADA). The ADA applies to schools through Section 504 of the Rehabilitation Act of 1973. It would seem that such removals or exclusions are discriminatory against persons with mental health disabilities. The article also states, "In the last 18 months, the U.S. Department of Education's Office of Civil Rights has resolved three complaints filed against colleges for excluding students after learning of a mental health condition. The colleges are Marietta College in Marietta, Ohio; Bluffton University in Bluffton, Ohio; and De Sale University in Center Valley, Penn."

The conclusion to this information is that schools need to have a plan to deal with these situations short of peremptorily excluding the students from the school. With the prep schools, most of the students are minors and it is imperative to include the parents in decision making in these cases. There needs to be a process of notification including standards that would include possible additional support on campus with alternative suspension or hospitalization. These situations put a heavy burden on schools, administrators and the other students on campus. The students at risk still are entitled to privacy and some confidentiality absent the waiver of these interests or an emergency situation. Where is the line between violating someone's rights and protecting that person's very existence?

These cases and issues are compounded at the college level as most of the students are now adults and have rights independent from their parents. Yet the MIT case, which was settled, would lead schools to be concerned that if parents are not informed of their child's thoughts or worse, attempts of suicide, that there will be civil liability against the educational institution in case of a suicide. On the other hand, excluding the child from the educational institution runs afoul of the ADA. What to do?

The first thing to keep in mind is, "who is it that receives the information from the student?" If the recipient of the information regarding suicidal ideation is not a professional with a therapist-client relationship with the student, then there is no privilege and the recipient of the information should contact an appropriate professional immediately. A non-professional in this area, without psychological training and the correlative privilege of confidentiality, should not be making decisions regarding the risks or disposition of children with suicidal issues. The first duty of any school and of any professional here and elsewhere is the safety of the student (patient) and there is a proper path to deal with these issues.

When a psychologist or other appropriate professional receives the information, a proper and thorough in-person interview needs to be done culminating with a plan that will be supported by the concept of protecting the student. As with all patients, the safety of the student is paramount.

Schools should have a professional available for consultation in these matters. Professionals and the schools must have access to emergency systems when there is a belief that suicide or attempted suicide is possibly imminent. If there is a system in place, and a known plan with alternatives, then the parties should be as well protected as they are able, given the enormous stakes of these severe situations.

Schools need a plan to deal with suicidal students

(May 2007 Issue)

By Edward Stern, J.D.