Universities' Duty Of Care: Supporting Student Success

The question of whether universities have a duty of care to their students has been the subject of much debate in recent years, with a number of high-profile student suicide cases bringing the issue into sharp focus. While some argue that universities should be responsible for protecting their students' welfare, others contend that students are adults and should be expected to take care of themselves. The legal concept of duty of care is well-established for parents and employers, but when it comes to universities, the situation is more complex and varied.

Universities' duty of care to students vs staff

Universities' Duty of Care to Students vs. Staff

Overview

The duty of care is a legal concept that holds individuals and entities responsible for protecting those under their care. While the duty of care for parents and employers is well-defined, the duty of universities towards their students is more complex and has evolved over time.

Historical Perspective

Historically, courts viewed universities as acting "in loco parentis," assuming responsibility for the welfare and safety of their students. However, as societal perceptions of college students shifted from children to adults, courts increasingly ruled that universities were not liable for harms suffered by students on campus.

Recent Developments

In recent years, there has been a push for greater clarity and consistency in universities' duty of care towards students, particularly in the wake of tragic student suicides. While universities are not legally considered to be "in loco parentis," they are still expected to prioritize the mental health and well-being of their students.

Duty of Care to Students

Universities have a duty to protect their students from "foreseeable violence during curricular activities" and to create a safe learning environment. This includes mitigating foreseeable threats, such as ensuring functioning fire alarms and providing storm shelters. Additionally, universities should have systems in place to quickly alert students of emergencies and coordinate with local law enforcement.

Duty of Care to Staff

Universities' duty of care towards their staff is similar to that of corporations towards their employees. Universities are responsible for creating a safe work environment and protecting staff from workplace violence and physical and mental health risks.

Key Differences

The duty of care towards students is more limited in scope than that of staff. It primarily focuses on curricular activities and does not extend to extracurricular activities or non-students on campus. Additionally, universities are not expected to "provide benefits" to students, such as treating them for mental health issues, but rather to avoid causing harm through their actions.

While universities have a duty of care towards both students and staff, the nature and extent of that duty differ. For students, the duty is focused on creating a safe learning environment and mitigating foreseeable threats. For staff, the duty is similar to that of employers, encompassing a broader range of health and safety considerations.

The role of universities in preventing student suicides

Suicide is the second leading cause of death for college students, and universities have a crucial role in preventing it. While students are mostly adults, universities still have a duty of care to protect their students, staff, and faculty members.

The Legal Landscape

Historically, courts viewed universities as acting in loco parentis, expecting them to prioritise their students' welfare and safety. Over time, this perception changed as college students began to be viewed as adults rather than children. Consequently, courts ruled that universities were not responsible for student harm on campus.

However, in recent years, the legal landscape has shifted again. Multiple courts, including the California Supreme Court in 2018, have ruled that universities have a duty to proactively ensure the safety of their students on campus. This duty is even stronger than that of businesses or landlords.

Practical Steps for Universities

To fulfil their duty of care, universities should take practical steps to create a safe learning environment and mitigate foreseeable threats. This includes:

• Ensuring functioning fire alarms in all buildings and providing storm shelters for severe weather events.
• Implementing a reliable mass notification system to alert students, staff, and faculty of emergencies such as fires, severe weather, illness outbreaks, active shooter incidents, and lockdowns.
• Developing emergency response plans and coordinating with local law enforcement.
• Providing students with tools to protect themselves and report potential threats, such as mobile panic buttons and anonymous tipping services.
• Offering mental health resources and support to students to prevent mental health crises and potential violence.

Changing Culture and Attitudes

In addition to these practical steps, universities play a vital role in changing the culture and attitudes surrounding mental health and suicide. Research suggests that universities need to increase awareness of available resources and services and encourage help-seeking behaviours among students. This includes addressing the stigma associated with mental health issues and normalising the utilisation of support services.

By taking proactive measures to ensure student safety and promoting a culture of support, universities can play a crucial role in preventing student suicides and supporting the well-being of their student community.

The impact of universities' duty of care on students' independence

The question of whether universities have a duty of care to their students has been the subject of much debate in recent years, with some arguing that universities should be responsible for protecting their students' safety and well-being, while others believe that this could infringe on students' independence. This discussion has been brought into sharper focus by several student suicide cases, which have raised questions about the level and nature of universities' responsibility for their students' mental health. While some argue for a statutory duty of care, others suggest that this could lead to unwanted increased control and monitoring of students.

The concept of "duty of care" refers to the legal idea that certain entities are responsible for protecting those under their care. While this is clear-cut for parents and even employers, the situation is more complex when it comes to universities and their students. Historically, courts viewed universities as acting "in loco parentis", or "in the place of the parent", and expected them to prioritise their students' welfare and safety. However, over time, this view shifted as college students began to be seen more as adults than children. As a result, courts increasingly ruled that universities were not responsible if students were harmed on campus.

In recent years, there has been a push for greater clarity and consistency in universities' duty of care towards their students. This has led to campaigns and petitions calling for a statutory legal duty of care, which has gained significant support. However, others argue that a statutory duty of care is unnecessary, as universities already have a general duty of care "to deliver educational and pastoral services to the standard of an ordinarily competent institution". They also argue that universities prioritise the mental health and well-being of their students and staff and work closely with NHS services.

Ultimately, the debate around universities' duty of care to their students is complex and multifaceted. While there is a general agreement that universities should prioritise the well-being and safety of their students, the extent and nature of this responsibility are still being defined and debated. Finding the right balance between ensuring student safety and respecting their independence is crucial to ensuring a positive and empowering higher education experience.

The legal status of universities' duty of care

In recent years, there has been a shift back towards recognising a duty of care for universities. Notably, in the 2018 Regents of the University of California v. Superior Court of Los Angeles County case, the California Supreme Court ruled that universities have a duty to protect their students from "foreseeable violence during curricular activities." This establishes a precedent for universities to create safe learning environments and protect students from foreseeable threats.

In the United Kingdom, the situation is similar, with a historical understanding of universities acting in loco parentis. While this perception has changed over time, there is a growing focus on the mental health and wellbeing of university students, leading to scrutiny of the supportive measures taken by universities. Campaigners are calling for a new statutory duty of care, and an online petition with 128,292 signatures triggered a parliamentary debate on this issue in June 2023. However, the Department of Education (DfE) and Universities UK (UUK) have resisted this idea, arguing that universities already have a general duty of care and that further legislation would be disproportionate. Instead, they emphasise the need for universities to implement good practices and demonstrate progress in improving student outcomes.

Universities' duty of care in extracurricular activities

The concept of duty of care in universities is a complicated issue. While universities have a duty of care toward their employees, the duty of care toward students is more complex. In the US, most legal experts agree that elementary schools have a duty of care toward their students, but the same cannot be said for universities. University students are mostly adults and not employees, so the duty of care is not as clear-cut.

Historically, courts viewed universities as acting in loco parentis (in place of the parent) for their students. Colleges were expected to prioritise their students' welfare and safety. However, over time, the student-university relationship changed, and college students began to be viewed more as adults than children. As a result, courts increasingly ruled that universities were not responsible if students were harmed on campus.

In recent years, the legal landscape has shifted again. A 2018 California court case ruled that universities have a unique relationship with their students and a duty to protect them from "foreseeable violence during curricular activities." This means that a college is responsible for creating a safe learning environment on campus and protecting students from foreseeable threats. However, this duty of care does not extend to extracurricular activities or non-students (e.g. visitors) on campus.

While universities are not legally responsible for what happens during extracurricular activities, they can still play a role in ensuring student safety. Universities can provide students with the tools to protect themselves and inform authorities of potential threats. For example, a mobile panic button provides an instant connection to emergency services and eliminates the need for students to locate the number for campus security. Anonymous tipping functionality is also beneficial, as students may be more likely to report potential threats if they can do so anonymously.

In conclusion, while universities do not have a legal duty of care for students during extracurricular activities, they can still take steps to enhance student safety and provide support in emergencies.

Frequently asked questions