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Mass. High Court: Colleges Can Be Sued If Student Suicide Not Prevented

Mass. High Court: Colleges Can Be Sued If Student Suicide Not Prevented
students walk on the Massachusetts Institute of Technology campus in Cambridge, Mass. (Michael Dwyer/AP)

By    |   Tuesday, 08 May 2018 11:25 AM EDT

A Massachusetts high court has ruled that professors and staff members at colleges can be sued if they do not take action upon learning that a student was considering committing suicide, the Boston Globe reported.

The decision created new liability for colleges and universities, but did not eliminate all of the legal protections that schools, professors, and support staff have, the report said.

"It is definitely not a generalized duty to prevent suicide… nonclinicians are also not expected to discern suicidal tendencies where the student has not stated his or her plans or intentions to commit suicide," Justice Scott L. Kafker wrote in his ruling, The Globe reported.

"Nonclinicians" such as professors and deans can be held liable if the college knew that the student had previously attempted suicide while enrolled at the school or shortly before being accepted, or if the student had spoken about plans and methods to kill themselves, said the ruling, The Globe reported.

Attorney Gary Pavela said the case appears to be the first in any state that defines circumstances in which school personnel must respond to prevent suicide or face liability, The Globe reported.

"It says to college administrators, basically, 'don't panic.' It's very narrowly limited and if you encounter the facts that we describe — this explicit, imminent threat — then here's what you should do," Pavela said, The Globe reported.

The court said that colleges and their employees can avoid lawsuits if they adhere to a campus "suicide protocol," after they are warned that a student is actively considering suicide.

The court also ruled that the Massachusetts Institute of Technology was not liable in a 2009 suicide of a student, The New York Times reported.

Overall, universities "are not responsible for monitoring and controlling all aspects of their students' lives," the ruling said.

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A Massachusetts high court has ruled that professors and staff members at colleges can be sued if they do not take action upon learning that a student was considering committing suicide.
massachusetts, high court, colleges, sued, student, suicide
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2018-25-08
Tuesday, 08 May 2018 11:25 AM
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