Janice Lozano
The issue of duty of care in universities has gained prominence due to recent student suicide cases, with a focus on the mental health and well-being of students. While universities have a general duty of care to deliver educational and pastoral services, the extent of their responsibility in protecting students' health, safety, and welfare is less clear. The legal landscape is evolving, with courts previously viewing universities as acting in loco parentis, but this has shifted as students are now seen as adults. Recent court rulings, such as the 2018 California case, suggest universities have a duty to protect students from foreseeable violence during curricular activities. However, the specific steps required to fulfill this duty vary with each case. The debate continues, with some calling for a statutory duty of care to be established, while others argue that the current framework is sufficient.
| Characteristics | Values |
|---|---|
| Universities' duty of care towards students | To deliver educational and pastoral services to the standard of an ordinarily competent institution |
| To act reasonably to protect the health, safety and welfare of students | |
| To not cause harm to students through the university's own actions | |
| To take reasonable steps to avoid injury, including psychiatric injury, and harm | |
| To protect students from foreseeable threats | |
| To create a safe learning environment on campus | |
| To take steps to make sure students are safe from foreseeable dangers | |
| To treat students as adults | |
| To provide mental health resources and allow students to report potential threats anonymously | |
| To notify faculty, students, and visitors of a crisis and provide them with critical information | |
| To show that they are implementing good practices and demonstrating progress against agreed frameworks |
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What You'll Learn
Student suicides and mental health
Universities have a duty of care towards their students, which includes taking steps to protect their health, safety, and well-being. While the specific legal obligations may vary depending on the jurisdiction, the general principle of duty of care applies to universities. This duty of care encompasses both educational and pastoral services, and universities are expected to act reasonably to protect their students from foreseeable threats to their health and safety. However, the line between the university's responsibility and student autonomy can be blurry, especially since the student-university relationship has evolved over time, with students now viewed more as adults than children.
In recent years, there have been calls for a statutory duty of care for students in higher education, with bereaved families petitioning parliament in several countries. These calls for legislative action have been fuelled by student suicide cases, such as the highly publicised case of Natasha Abrahart at the University of Bristol, which brought into sharp focus the level of responsibility universities should bear for student suicides. While universities may not be legally liable in all cases, they can play a crucial role in fostering a culture of prevention and providing early intervention for students struggling with mental health issues.
To address student suicides and mental health concerns effectively, universities should implement comprehensive suicide prevention policies and training for staff and students. This includes offering mental health resources, such as counselling services, and establishing anonymous reporting systems for students to report potential threats or mental health crises. Additionally, universities should review and strengthen their policies related to student welfare and mental health, ensuring that support services are easily accessible and widely promoted. Early identification of students at risk and timely intervention can be life-saving.
Furthermore, universities should actively collaborate with student unions, representative bodies, and governments to adopt a holistic approach to student mental health. This includes addressing various factors that may contribute to student suicides, such as academic pressure, financial stress, discrimination, and harassment. By working together, universities can develop tailored interventions and support systems that meet the diverse needs of their student body. Preventing student suicides requires a collective effort and a commitment to creating a campus community that prioritises mental health and well-being.
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Foreseeable violence and harm
In 2018, the California Supreme Court ruled that universities have a duty to protect their students from "foreseeable violence during curricular activities." This means that universities are responsible for creating a safe learning environment on campus and mitigating foreseeable threats.
To build a safe campus, colleges should ensure that all buildings have functioning fire alarms and that students have access to storm shelters during severe weather events. Additionally, a university should be able to quickly and reliably notify students, faculty, and visitors of emergencies, such as fires, severe weather, illness outbreaks, active shooter incidents, and lockdowns.
Anonymous tipping functionality is beneficial in college settings. Students are more likely to report potential threats, such as violent behaviour or mental health crises, if they can do so anonymously without the risk of retaliation. A university may not be able to prevent a severe weather event or fire, but it may be able to prevent an active shooter situation by offering mental health resources and providing students with a way to report potential threats.
While universities have a duty to protect students from foreseeable violence, this duty does not extend to extracurricular activities or non-students on campus. The duty of care also has an expiration date; it only exists as long as the students are enrolled.
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Safe campus and learning environments
Universities have a duty of care to provide a safe campus and learning environment for their students. While the specific steps to fulfil this duty will vary depending on the circumstances, there are several key aspects to consider. Firstly, universities should ensure the physical safety of their students by implementing measures such as functioning fire alarms in all buildings and providing access to storm shelters during severe weather events. Additionally, universities should address potential threats to student safety, including violent behaviour and mental health crises, by offering mental health resources and establishing anonymous reporting systems.
The duty of care also extends to protecting students from foreseeable threats and violence during curricular activities. Universities should take proactive steps to mitigate these dangers and provide crisis notifications and critical information to students, such as evacuation or shelter-in-place orders. While this duty of care is only towards enrolled students, it is essential to understand that universities are more than just workplaces and have a higher duty of care than employers.
The issue of duty of care in universities has gained prominence due to student suicide cases, with bereaved families petitioning for a statutory duty of care. While courts have historically viewed universities as acting in loco parentis, this perspective has shifted over time as students are increasingly seen as autonomous adults. However, recent court rulings, such as the 2018 California Supreme Court decision, indicate a reversal in this trend, recognising a duty to protect students from foreseeable violence.
Universities must navigate the complex balance between respecting the autonomy of adult students and ensuring their safety and well-being. This includes providing educational and pastoral services, as well as taking reasonable steps to protect students from harm, including psychiatric injury. While the specific legal obligations may vary, universities have a moral and ethical responsibility to create a safe and supportive campus environment for their students.
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University as employer
Universities have a duty of care toward their employees, which includes professors, faculty, maintenance personnel, security, and administrative staff. This duty of care involves creating a safe work environment and protecting employees from workplace violence.
The duty of care that universities owe to their employees is similar to that of corporations. However, the relationship between a university and its students is unique, and the duty of care owed to students is more complex. While universities have a general duty of care toward students, it is not the same as the duty of care owed to minor children in elementary and secondary schools. University students are mostly adults, and the law does not prescribe specific steps that universities must take to comply with their duty of care toward students.
In the UK, France, and the US, the legal landscape surrounding duty of care has been evolving. In the UK and France, new laws have been passed in recent years that outline specific guidelines for employers' duty of care. In the US, courts have been widening the scope of who owes a duty of care.
In a 2018 California court case, the state's supreme court ruled that universities have a duty to protect their students from "foreseeable violence during curricular activities." This means that universities are responsible for creating a safe learning environment on campus and mitigating foreseeable threats. However, this duty of care does not extend to extracurricular activities or non-students on campus.
There have been calls for a new statutory duty of care for universities to have a legal duty to exercise reasonable care and skill when teaching students and providing support services. This would provide clarity and consistency across the sector, especially regarding roles and boundaries. However, some organizations, such as Universities UK, Universities Wales, and AMOSSHE, have opposed these petitions.
In summary, while universities have a duty of care toward their employees, the duty of care toward students is more complex and varies depending on the legal jurisdiction. There are ongoing debates and petitions calling for a new statutory duty of care to enhance the existing duty of care that universities have toward their students.
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Statutory duty of care
The issue of a university's statutory duty of care towards its students has been a topic of debate in recent years, with a shift in the legal landscape. While universities have a duty of care towards their employees, the question of whether this extends to students has been more complex due to the changing nature of the student-university relationship.
Historically, before the 1960s, courts in the US and the UK viewed universities as acting in loco parentis, assuming the responsibility of a 'prudent parent' and prioritizing the welfare and safety of their students. Over time, however, this understanding eroded as college students began to be seen as adults with increasing autonomy. As a result, courts repeatedly chose not to hold universities responsible for harms suffered by students on campus.
In recent years, there has been a reversal in this trend, with multiple courts ruling that universities do have a duty to proactively ensure the safety of their students while on campus. In 2018, the California Supreme Court ruled that universities have a duty to protect their students from "foreseeable violence during curricular activities." This ruling set a precedent, establishing that universities are responsible for creating a safe learning environment and mitigating foreseeable threats.
The mental health and well-being of university students have also come into focus, with scrutiny of the supportive measures taken by universities. Campaigners and bereaved families have called for a new statutory duty of care, arguing that it would save lives and bring England and Wales in line with other countries. In 2023, an online petition with over 128,000 signatures triggered a parliamentary debate on the issue. While the government stated that universities currently have a general duty of care to deliver educational and pastoral services and protect the health, safety, and welfare of their students, they also expressed that further legislation to create a statutory duty of care would be a "disproportionate response."
The high court in the UK is set to consider for the first time whether universities owe a legal duty of care to their students, in a landmark hearing that could have far-reaching implications for the higher education sector.
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Frequently asked questions
The idea that individuals and entities have a responsibility to protect those in their care.
Universities have a duty to protect their students from "foreseeable violence during curricular activities". They are responsible for creating a safe learning environment on campus and mitigating "foreseeable" threats.
Universities can offer mental health resources and provide students with a way to anonymously report potential threats. They should also ensure that all buildings have functioning fire alarms and that students have access to storm shelters during severe weather events.
There is ongoing discussion and scrutiny regarding the supportive measures taken by universities, particularly in the context of student suicides. In 2023, the UK High Court considered for the first time whether universities owe a legal duty of care to their students. The court's decision is pending.
