Court says schools can be liable for suicides but clears MIT
BOSTON » Schools can be held liable for student suicides in certain circumstances, Massachusetts’ highest court said Monday in a ruling that also cleared the Massachusetts Institute of Technology of responsibility for the death of a graduate student who killed himself on campus in 2009.
The Supreme Judicial Court said MIT cannot be blamed for the death of 25-year-old Han Nguyen, who jumped from the top of a campus building minutes after a professor confronted him about an offensive email.
But it found that schools can be liable if they fail to act after they become aware that a student has attempted suicide while enrolled, or shortly before entering, or learn that the student had threatened to commit suicide.
Gary Pavela, a consultant on law and policy issues in higher education, said he’s unaware of another state appellate court that has explicitly found that universities have a duty to prevent suicide in limited cases and defines those circumstances.
“This will be very newsworthy to colleges around the country,” said Pavela, who has written a book about the legal questions surrounding student suicides.
Jeffrey Beeler, an attorney for Nguyen’s estate, said they were disappointed the court sided with MIT, but believe its ruling will nonetheless “save student lives going forward.”
An MIT spokeswoman said in a statement that Nguyen’s death was a tragedy and students’ well-being is of “paramount importance to the school.” Spokeswoman Kimberly Allen said the school already offers a “robust network” of services for students and “continually considers ways to enhance those resources.”
The court noted that Nguyen never told anyone at MIT that he planned to kill himself or tried to kill himself while enrolled at the school. Furthermore, he was living off campus instead of a dormitory under “daily observation,” the court said.
But the judges said schools must take “reasonable measures” to help students they know have attempted suicide while at the school or have threatened to kill themselves. That would include initiating a suicide prevention protocol, getting the student in the care of a medical professional, or contacting police, fire or emergency medical personnel.