ACE, along with 16 other higher education associations, submitted an amicus brief yesterday in support of Emory University in a case that addresses whether colleges and universities can be held liable when a student dies by suicide, despite having no knowledge that the student was considering suicide or self-harm.
Zhang et al. versus Emory University, currently in the U.S. Court of Appeals for the Eleventh Circuit, was filed last year following the death of the plaintiffs’ son, who took his own life while enrolled at Emory. A federal district court ruled in favor of Emory, finding that it would be unreasonable and unprecedented to hold an institution accountable when there is no evidence presented indicating that it was aware that the student was considering suicide.
The amicus brief filed by the higher ed groups asks the appeals court to affirm the lower court’s decision.
ACE and the brief’s co-signatories emphasize the significant efforts undertaken by higher education institutions to address the growing mental health needs of students. These efforts include providing counseling services, referrals to mental health professionals, and proactive intervention programs.
However, the brief cautions against imposing unreasonable expectations and liabilities on colleges and universities, which could actually deter students from seeking help and undermine the progress made in reducing the stigma associated with mental health issues.
The amicus brief highlights three key points:
1. Foreseeability and knowledge: Institutions cannot be held liable for a student's suicide where there is no reasonable foreseeability. It emphasizes that they cannot be expected to monitor and control all aspects of students' lives or be liable for not notifying parents or taking other action when a student shows signs of abuse but no clear signs that the student was considering suicide.
2. The modern university-student relationship: Imposing parental-like duties on universities contradicts the modern understanding of the relationship between institutions of higher education and their students. Unlike K-12 schools, colleges and universities treat students as autonomous adults with privacy rights and do not stand in loco parentis.
3. The harmful impact on student well-being: Imposing new duties could hinder their ability to provide effective support services and could ultimately harm students' well-being, and even deter students from seeking mental health support.
“This case speaks to the delicate balance colleges and universities must strike between protecting students' well-being and respecting their autonomy and privacy," said Peter McDonough, ACE vice president and general counsel. "It, like others that have been filed in recent years, reminds us that while there are appropriate limits to institutional legal liability when a student takes their own life, it is critical to continue conversations on campuses about the importance of fostering supportive environments, including ones where students feel safe seeking help without fear of repercussion.”