Savanna Hoffman
The suicide rate among young adults aged 15-24 has tripled since the 1950s, and suicide is the second most common cause of death for children and young adults aged 10-24. With these alarming statistics, the question of whether universities are liable for student suicides is a pressing one. While universities are not responsible for monitoring and controlling all aspects of their students' lives, recent court decisions have suggested that there could be certain circumstances under which a university would be held legally responsible for a student's suicide. This includes when the university has knowledge of a student's suicide attempt or intention to act on suicidal thoughts and does not take appropriate action.
| Characteristics | Values |
|---|---|
| Duty of care | Schools have a duty of care to students, but this does not include a special duty to prevent suicide |
| Custody | Schools have a higher duty of care when they have exclusive custodial care of a student |
| Foreseeability of harm | If a school is aware of a student's suicidal ideation, they may be liable for foreseeable harm |
| Negligence | Schools can be held liable if their negligence led to a student's suicide |
| Breach of contract | Universities may be liable if they breach their contract with a student by failing to provide adequate care and protection |
| Timelines for claims | There may be strict timelines for filing a claim, which vary by jurisdiction |
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What You'll Learn
- Duty of care: Schools must act 'in loco parentis' or 'in place of a parent'
- Foreseeability of harm: Schools must take reasonable steps to prevent foreseeable harm
- Bullying and harassment: Schools can be held liable for negligence leading to suicide
- Discrimination and civil rights: Families have brought federal claims against schools
- Special relationships: Schools have a duty to report suicidal ideation to parents
Duty of care: Schools must act 'in loco parentis' or 'in place of a parent'
The Latin term "in loco parentis" means "in the place of a parent". It refers to the legal responsibility of an organisation or individual to take on some of the functions and responsibilities of a parent. This doctrine is applied in two areas of law: firstly, it grants educational institutions the discretion to act in the best interests of their students, without violating their civil liberties; secondly, it allows a non-biological parent to exercise the legal rights and responsibilities of a biological parent.
In the context of schools and universities, in loco parentis means that schools assume custody of students, and the students are deprived of the protection of their parents. Schools and their staff, therefore, have the authority to act in place of the parents when disciplining and protecting the students in their care. This includes the right to use physical measures to manage pupil behaviour, and the duty to act like a parent when protecting students from foreseeable harm. The exact nature and extent of this responsibility varies from one society to another and from one school system to another. It is also influenced by local custom and practice.
In loco parentis has been interpreted by courts in various ways. In Garcia v. City of New York (1996), an appellate court in New York held that schools take the place of parents and guardians once they assume physical custody and control of children. In Lander v. Seaver (1859), it was held that in loco parentis allowed schools to punish student expression that contradicted the school's interests and educational goals. In Morse v. Frederick (2007), Justice Clarence Thomas concurred with the majority opinion that the traditional understanding of the judiciary's role in public schooling was limited by in loco parentis.
In loco parentis continues to apply to primary and secondary education in the US, but its application has largely disappeared in higher education. This is because universities are not responsible for monitoring and controlling all aspects of their students' lives, unlike primary and secondary schools.
The duty of care that schools have when acting in loco parentis includes taking reasonable steps to prevent foreseeable harms. This includes identifying troubled children and preventing further anguish and trauma. In some cases, schools have been sued for negligence in failing to prevent a student's suicide. However, establishing liability for negligence requires proving that the defendant had a legal duty to take reasonable steps to prevent foreseeable harms and that they breached this duty, causing injury to the plaintiff.
While schools have a duty of care for their students, courts have ruled that this does not include a special duty to prevent suicide. For example, in Mikell vs. School Administrative Unit # 33 (2009), the New Hampshire Supreme Court ruled that school authorities were not liable for a student's suicide as they did not have exclusive custodial care of the student and had not acted recklessly. Similarly, in Eisel vs. Board of Education of Montgomery County (1991), the Maryland Court of Appeals sent the case back to the lower court for a trial, listing the foreseeability of harm as the leading factor in determining liability. Ultimately, the jury in the lower court determined that the school counselors were not liable for the student's death.
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Foreseeability of harm: Schools must take reasonable steps to prevent foreseeable harm
The foreseeability of harm is a critical factor in determining whether a school or university can be held liable for a student's suicide. This principle asserts that schools must take reasonable steps to prevent foreseeable harm to students. The duty of care owed by schools and universities to their students varies depending on the student's age and the educational level.
In loco parentis, or "in place of a parent," is a legal doctrine that applies to schools that take custody of younger students. Under this doctrine, schools assume the duties and responsibilities of a parent, including the responsibility to prevent foreseeable harm. However, this doctrine typically does not extend to colleges and universities, as they are not responsible for monitoring and controlling all aspects of their students' lives.
In the case of primary and secondary schools, the duty of care includes taking reasonable steps to prevent student suicide when there are clear warning signs. This includes identifying troubled children, reporting suicidal ideations to parents or guardians, and providing appropriate resources for mental health support. Schools that fail to take these steps may be held liable for student suicides if negligence can be established.
For colleges and universities, the duty of care is more limited. While they are not expected to monitor and control all aspects of their students' lives, they are still expected to take reasonable measures to prevent foreseeable harm. This typically arises when the university has clear knowledge of a student's mental health issues or suicide risk. In such cases, universities may be found liable if they fail to take appropriate action, such as providing adequate care and protection or notifying the appropriate parties.
It is important to note that the determination of liability is a complex legal issue that varies depending on the specific circumstances and jurisdiction. While schools and universities have a duty to take reasonable steps to prevent foreseeable harm, the threshold for establishing negligence and liability may differ based on the specific facts of each case and the applicable laws.
In conclusion, the foreseeability of harm principle underscores the responsibility of educational institutions to prioritize student safety, including mental and emotional well-being. While schools and universities cannot be held liable for every instance of student suicide, they are expected to act reasonably and take proactive measures when there is a clear risk of harm.
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Bullying and harassment: Schools can be held liable for negligence leading to suicide
Bullying and harassment are significant risk factors for suicide, and schools have a responsibility to address and prevent such behaviours among their students. While schools cannot be held liable for every instance of student suicide, they can be held accountable for negligence in failing to prevent a foreseeable suicide.
In the context of student suicide, negligence refers to a school's failure to take reasonable steps to prevent foreseeable harms. This means that if a school is aware or should be aware of a student's risk of suicide, they have a duty of care to take appropriate action. This duty of care is particularly relevant when a special relationship exists between the school and the student, such as in primary and secondary schools, where the school acts "in loco parentis" or "in place of a parent."
To determine liability, courts consider factors such as the foreseeability of harm and the school's knowledge of the student's suicidal ideation. In some cases, schools have been found negligent for failing to report suicidal ideation to parents or take adequate preventive measures. However, in other cases, schools have been absolved of liability if they did not have exclusive custodial care of the student or if their conduct was not deemed "extreme and outrageous."
Cyberbullying is a prevalent form of bullying that can have severe consequences for the victim's mental health. It can follow a person everywhere due to the pervasive nature of social media, and the bully can be challenging to contain. Victims of cyberbullying often experience emotions such as anger, sadness, and loneliness, which can lead to anxiety and depressive habits. Additionally, cyberbullying can result in constant humiliation, terrorization, embarrassment, and psychological distress.
To prevent bullying and harassment and mitigate the risk of suicide, schools should foster positive social connections among students and implement effective interventions. This includes establishing peer support networks, providing professional support to isolated individuals, and encouraging help-seeking behaviours without punishment. By addressing bullying and harassment and taking proactive measures to support students' mental health, schools can reduce the risk of student suicide and fulfil their duty of care.
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Discrimination and civil rights: Families have brought federal claims against schools
Discrimination and civil rights violations are a serious concern in schools, and families have taken legal action against educational institutions in several cases. One notable example involves a student named Gabriel, whose family brought a lawsuit against the school district, alleging that the school violated Gabriel's civil rights by disregarding his safety. The court allowed the case to proceed, acknowledging that the school may have created a dangerous situation by concealing the facts of an attack on Gabriel and failing to address the bullying he faced.
In another instance, the family of a student named C.B., who had been diagnosed with Attention Deficit Hyperactive Disorder, filed a federal lawsuit against the Western Wayne School District in Pennsylvania. They alleged discrimination under Section 504 of the Rehabilitation Act, claiming that the school failed to implement C.B.'s accommodation plan, which required communication with parents regarding academic progress. C.B.'s parents argued that they were not informed about their child's failing grades until they received the report cards.
In a different case, a student in New Hampshire, Joshua, struggled with his school environment and expressed suicidal thoughts. Despite this being reported to the school counselor, no significant action was taken beyond having Joshua sign a "safety contract." Joshua later faced disciplinary issues and was suspended. Tragically, he died by suicide while his mother was briefly away. Joshua's mother sued the school district, counselor, and teacher, claiming they had a duty to prevent the suicide. However, the New Hampshire Supreme Court ruled against holding the school authorities liable, stating that they did not have exclusive custodial care of Joshua and had not acted recklessly.
Beyond these specific cases, there are broader discussions about the role of civil rights investigations in schools. The U.S. Education Department's Office for Civil Rights (OCR) has faced criticism for the slowdown of investigations due to federal cuts, resulting in reduced staff. Parents, particularly those with children with disabilities, have expressed concerns about the impact on their ability to address discrimination in schools. OCR investigations are valuable because they can uncover patterns of discrimination that go beyond individual cases. However, some critics question whether the Education Department is the appropriate body to handle such complaints.
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Special relationships: Schools have a duty to report suicidal ideation to parents
Suicide is a leading cause of death for children and young adults between the ages of 10 and 24. This statistic underscores the importance of educators' responsibility for student safety, which includes mental and emotional harms such as suicide. While universities are not responsible for monitoring and controlling all aspects of their students' lives, they are liable for student suicides in certain circumstances.
In the case of Eisel vs. Board of Education of Montgomery County (1991), a father sued the school district and two school counselors after his 13-year-old daughter died in an apparent murder-suicide pact with another student. He argued that their special relationship imposed a duty to report his daughter's suicidal ideations to him and his wife. The trial court dismissed the lawsuit, but Maryland's highest court sent it back for a trial, citing the foreseeability of harm as the leading factor in determining liability.
Similarly, in Mikell vs. School Administrative Unit # 33 (2009), a student expressed suicidal thoughts to a teacher's aide, who reported it to the school counselor. The counselor informed the parents that the student was fine and had the student sign a "contract for safety," but took no further action. The student later died by suicide, and the parents sued the school district. The New Hampshire Supreme Court ruled that school authorities were not liable as they did not have exclusive custodial care of the student and had not engaged in extreme and outrageous conduct.
These cases highlight the complex legal and ethical considerations surrounding student suicide and school liability. While schools and counselors may not be held legally responsible in all cases, they are encouraged to identify troubled children and take reasonable measures to prevent further harm. This includes reporting suicidal ideation to parents, which is considered a ministerial duty akin to reporting child abuse. School counselors must always contact parents and refer them to appropriate resources, as confidentiality is trumped by the potential risk of a child's death.
As such, schools and counselors have a duty to report suicidal ideation to parents, not only as a legal and ethical imperative but also as a way to uphold their obligation to do no harm. By informing parents, counselors can ensure that students receive the necessary support and resources to address their mental health concerns. Additionally, parents can play a crucial role in suicide prevention by educating themselves about risk factors and warning signs, initiating conversations about mental health, and seeking professional help for their children if needed.
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Frequently asked questions
A university can be held liable for a student's suicide if the university was aware of the student's suicidal intentions and did not take appropriate action. This includes invoking a "suicide protocol", contacting emergency personnel, and notifying the student's emergency contacts.
A university's liability does not extend to suicides it knows nothing about. Universities are not responsible for monitoring and controlling all aspects of their students' lives.
Appropriate action can include contacting parents and referring them to resources that will allow them to seek help for their child. Confidentiality is trumped when weighed against the life of a student.
In such cases, the university can be held legally responsible for the death of a student by suicide. The university may be found negligent if it failed to take reasonable steps to prevent foreseeable harms.
