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Wednesday, April 18, 2007

Double Bind


'Federal privacy and antidiscrimination laws restrict how universities can deal with students who have mental health problems.

For the most part, universities cannot tell parents about their children’s problems without the student’s consent. They cannot release any information in a student’s medical record without consent. And they cannot put students on involuntary medical leave, just because they develop a serious mental illness.

... Universities can find themselves in a double bind. On the one hand, they may be liable if they fail to prevent a suicide or murder.... On the other hand, universities may be held liable if they do take action to remove a potentially suicidal student.

... [S]ituations complicated enough to involve a university’s lawyers arise, on average, about twice a semester at large universities.

While shootings like the one at Virginia Tech are extremely rare, suicides, threats and serious mental-health problems are not. Last year, the American College Health Association’s National College Health Assessment, covering nearly 95,000 students at 117 campuses, found that 9 percent of students had seriously considered suicide in the previous year, and 1 in 100 had attempted it.

...We’re seeing more students in our service consistently every year,” said Alejandro Martinez, director for counseling and psychological services at Stanford University, which sees about 10 percent of the student body each year. “Certainly more students are experiencing mental illness, including depression.

“But there’s also been a cultural shift,” Mr. Martinez said, “in that more students are willing to get help.”

College officials say that a growing number of students arrive on campus with a history of mental-health problems and a prescription for psychotropic drugs. But screening for such problems would be illegal, admissions officers say.

“We’re restricted by the disabilities act from asking,” said Rick Shaw, Stanford’s admissions director. “We do ask a question, as most institutions do, about whether a student has been suspended or expelled from school, and if they have been, we ask them to write an explanation of it.”

Federal laws also restrict what universities can reveal. Generally, the Family Educational Rights and Privacy Act, Ferpa, passed in 1974, makes it illegal to disclose a student’s records to family members without the student’s authorization.

“Colleges can disclose a student’s private records if they believe there’s a health and safety emergency, but that health and safety exception hasn’t been much tested in the courts, so it’s left to be figured out case by case,” [one administrator] said.


--- new york times ---