schools need to provide LESS services

This case had bad facts, and would probably have generated bad law. Based on the publicly-known facts, it seems that MIT put itself in the business of caring for this girl (who had no business being in school in the first place.) Once they assumed this duty, they had to carry though with it.

The way for schools to avoid litigation is simply to treat students like adults and expect them to behave like adults. To that end, they should be expected to not be crazy, and any healthcare should be provided via health insurance (hopefully via a 3d-party).

Larry, at 9:11 am EDT on April 4, 2006

Maybe not

Larry, I worked in residence life for the first 5 years of my professional career in higher ed, and have a master’s degree in counseling. There is a continuum of depression, acting out, self-mutilation, excessive alcohol and drug use, and myriad other issues that affect our students daily. Sometimes it is a one-time thing. Other times, it can be on-going and terrifying, particularly as academic and social pressures increase at school. When you live and work with students you have an obligation to work with the ones who need assistance in order to refer them as soon as possible. It isn’t always easy. Many students in that position feel they are handling things just fine and don’t need help. Then you are in the unsavory position of strongly encouraging them to seek help. That creates dynamic tension with student rights. Sometimes, they are doing absolutely everything to help themselves and still fail to thrive. The worst for me was when one of my students was sent to Emergency for alcohol tox after she stopped breathing. She pulled out the IV in the hospital and returned to the building where she assaulted me for having called paramedics. It was only my filing charges against her for assault with the police that got her back into mandated hospital care. The laws in hospitals and within the university are very tricky in protecting individual rights. It’s just not that easy.

Sheila, at 10:20 am EDT on April 4, 2006

response to Shelia and Mark

Mark, I don’t want to be the one to break this to you, but I live in reality. In a city, to be specific. There are crazy people. There are dangerous people. I don’t feel any particular obligation to be politically correct to people who are crazy or dangerous. I don’t feel a need to be politically correct. Just about everyone else in the city is able to go through life supporting themselves, taking care of themselves, and not hurting others. This is the way life usually works. If you “act out” or do something illegal you will probably go to jail, because society doesn’t have much patience for violence (unless you join the military and direct the violent impulses towards the person your commanding officer tells you to).

Somehow, Mark, some people in higher education got the idea that when a student (who is almost always an adult) goes to college they are declaring themselves unfit to take care of themselves, and a bunch of “residence life” people see the need to take over and provide “services” which they are usually ill-equipped to provide. In MIT’s case, it seems, they bit off a lot more then they could chew.

I don’t really know or care how many students are on medications. (I don’t know how you know, either.) Although I don’t believe in mental illness, I think that people who can’t handle being alone have absolutely no place in an institution of higher learning.

Now, to be clear, I did not advocate withdrawing services. I advocated simply providing students with insurance in the same way that an employer would do (and colleges, in fact, do do, for their faculty) and letting people determine, for themselves what care is needed. This is the way that mature adults do it. If you are not a mature adult you should not be in school.

Shelia, I don’t know if I am supposed to be impressed that you worked in “residence life” or not. It is too bad that students “act out.” If someone does something that is illegal, they should be dealt with according to our laws. As I said above, if students can’t take care of themselves they simply have no business at an institution of higher learning.

Jeff, Although I don’t know how the appellate court would have ruled, arguably the school could have been at fault for starting to treat someone and then abandoning her or doing it incompetently. I don’t know the details, but at common law this might be akin to starting to save someone from drowning, and then quitting half way. But, the school shouldn’t bother.

Larry, at 10:55 am EDT on April 4, 2006

So, how should colleges—especially open-admission community colleges—handle situations of students who are told to take college courses for mental therapeutic purposes? In addition, how should colleges (and especially community colleges) handle situations in which parolees are sent to take courses at a college as part of their rehabilitation? Or people who are told to enroll in college courses as an extension of their drug rehab?

How many people are trying to put their lives together after grave mistakes by going to college (and do succeed in doing so), and how many are sent by social services institutions to take courses as a form of therapy?

How many instructors have been expected to serve as substitute therapists in the latter scenario? Particularly in the case of community colleges (given the general construal of their nature and “mission"), how much are their administrations to be held responsible for this, and how much the social services institutions?

CJO, at 11:55 am EDT on April 4, 2006

Post-Reagan Years

This discussion on the duty to care for higher education is very interesting in light of the recent articles and discussions pondering higher ed.’s responsibility to “force these kids to learn” (dammit).

Since Ronald Reagan’s administration closed so many mental health in-patient facilities, mental health care in the U.S. of A. has being going nowhere but down.

These lawsuits will probably limit colleges and universities from even discussing mental health. If the person’s behavior (student, faculty, staff, visitor, etc.) is bad, they go.

Mental health is covered by ADA, but only to the extent that an idividual is “otherwise capable” (I’m sure Larry will fill in my short-hand). In the new climate, individuals probably will not be given the benefit of the doubt; suicide attempt? out! Threats of violence? out!

U.S. culture has a big gap between when the family “gives up” a child and the child becomes an adult (with all the attending rights, responsibilities, and duties to act as a co-citizen). The law and those who practice law haven’t generally been helping to clarify this quandry.

As some have noted above, there are almost certainly more details about some of these individual’s stories. If the individual student was acting/behaving 100% within his or her rights and not infringing upon other individuals’ rights or institutional policies, why did any of them settle?

If any of you here have been in close relationships with persons who frequently threaten suicide, make half-hearted suicide attempts, etc. to get attention, you’ll understand the gravity of the institutions’ side of the equation.

That being said, every individual must be afforded due process and a chance to set the record straight, even (unfortunately) when every minute they remain on campus infringes on other’s rights (to sleep, study, and not be harassed by the unsocial, self-centered, and often dangerous behaviors).

Dr. F. Gump, at 1:30 pm EDT on April 4, 2006

serving and connecting students

Larry, it is interesting to me that everyone who is here for the students is not ashamed to share the capacity in which they work with students, i.e. residence life professional. However, it is very challenging to understand in which capacity you work with students.

As a graduate student studying to work with students in student affairs, creating a seamless learning experience for students across the campus, I would have to say that I agree with the folks who have commented more or less that all students deserve the right to an education. 17, 18, 19... 20, 20, 30, 40 year olds do not all come to our institutions with same experiences or tools to succeed in what can be for many a very stressful environment. In postsecondary professionals work with students and get to observe them going through dramatic developmental changes. In my role, I believe in meeting a student where he or she is and in assisting individuals in moving forward. As a student affairs professional, I believe in always covering my tail with paper trails because unfortunately I do understand that in a time of distress, anyone can do something very drastic and end it all or attempt to end it all very quickly, sometimes with little or no warning. People are not crazy. Some are products of the environment they live in, while others are affected genetically, and others are affected genetically and demonstrate symptoms due to their environment. Mental health is so complex and can’t be solved by calling individuals crazy and dismissing them from postsecondary education. If we did this, postsecondary education would be a privilege for only those who can absolutely positively handle it all on their own [you mentioned those who can’t stand loneliness shouldn’t be here]. Many cannot do this, which is why I as a professional attempt to connect with students on an individual level and connect them with one another.

shannon, Residence Director, at 4:45 am EDT on April 5, 2006

why student affairs

Hi Larry

Thanks for the question. You asked, why did I pursue this career? I pursued a career in counseling and student affairs because yes, I loved my college experience. I find it amazing to reflect upon how I matured over time in postsecondary education in my undergraduate career, and even now as a graduate student. Based on my experiences, I am highly intrigued by the experiences of other students and assisting them in exploring their interests and skills that will set them up to be the most productive citizens they can possibly be in our ever changing and diversifying country. I love the work I do with students. I am particularly passionate in working with those students who may have previously been marginalized in higher education, students of color, women, and students with varying disabilities, physical, emotional and every ability in between. I believe in empowering students to find their true calling in life, a career that can truly be fulfilling for them, while also learning to manage living a very full personal life. I believe we live in a very stressful society today where many forget to sit back and take a deep breath for five minutes a day. Technology is great, but it also presents individuals with many challenges in maintaining ongoing healthy relationships with the world around them. I try to keep this in mind for myself and remind students of it as well, the importance of relationships with others in the world around us.

shannon, at 2:35 pm EDT on April 5, 2006

Denial

Larry, are you sure your real name isn’t Tom Cruise. You claim in your writings by letting us know that you live in reality and in a big city that you are worldly. By discounting and pretending that mental illness does not exist, you are not living in reality; you are living in a world of denial. Do you deny that Schizophrenia exists? That is a very real mental illness that many many people must live with every day and you say that their illness is not real or legitimate or that they are undeserving of a chance to improve their lives? Now that’s crazy!! Unfortunately, I feel that writing this to you is a waste of my time, because, from what I have read, you do not seem to be interested in anyone elses’ expertise or knowledge, only in proving your point.

Emily, Business at small, private university in a big city, at 1:10 pm EDT on April 10, 2006

ignorance

Now, I realize that this dialogue is about a year old, but in doing research for a master’s project, I am appalled at the ignorance shown by you, Larry. You say that you do not believe in mental illness. Have you ever read a medical or psychiatric journal? In my undergraduate career, I majored in psychology and biology and studied the area of mental health and let me assure you that what goes on in the brain when a person suffers from depression is as chemical and biological as what goes on in the pancreas when a person suffers from diabetes, which you would know if you bothered to back up your claims with hard evidence. I also find it interesting that you care to comment on the lives of college students when you have virtually no interaction with college students. You claim to live in reality, but you have lost touch with reality, hiding behind your legal studies, and looking down on others who have a genuine desire to help students. You do not listen or have tolerance for the opinions of others; you did not even care to call Shannon by her actual name. The ignorance you have shown is the reason why there is still a stigma on mental health issues today, and why people who may be struggling with a disease like depression may be reluctant at first to seek treatment. I only hope that you will educate yourself about this issue for which you show such passion.

Lisa, Residence Hall Director, at 4:00 pm EST on March 7, 2007