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Changing the Mental Health Conversation

There’s lots of talk in these post-Virginia Tech tragedy days of the need to better identify students who are disturbed, just as there are plenty of calls from politicians and others to find ways to quickly remove them from colleges. An advocacy group for people with mental illness thinks the talk has gone too far.

“It’s sad that in the wake of a tragedy like this, there’s the hunger for quick fixes and quick legislation,” said Robert Bernstein, executive director of the Bazelon Center for Mental Health Law, at a press conference Thursday.

Added Chris Koyanagi, the center’s policy director: “I’m disappointed that the conservation has been about what could have been done right before to prevent this [shooting spree]. What about earlier?”

Cho Seung-Hui, the Virginia Tech shooter, entered a mental health facility in late 2005. Several leaders of the Bazelon Center said the real story is that police didn’t know where to turn when alerted of Cho’s stalking and threat of suicide, and that professors who saw the student’s disturbing writing didn’t find the right resources in the public health system.

Center advocates say changes have to be made at colleges so that everyone is aware of protocol when dealing with a student who is deemed a threat. Leaders of the center are working on a best practices report that urges colleges to avoid blanket policies that limit a student’s likelihood of seeking help but that still allow officials to intervene when needed.

Bernstein said the larger issue is fixing what he calls large gaps in service availability. Too few counselors are available to students at many campuses, he said.

Many administrators worry about legal problems if their institutions violate the Family Educational Rights and Privacy Act of 1974 and the Health Insurance Portability and Accountability Act of 1996, meant to protect privacy of health information. At a Senate hearing this week, both lawmakers and college officials underscored the dilemma: Share personal student health records and face potential legal action. Do nothing and face the possibility of lawsuits for inaction. Sen. Joe Lieberman (I-Conn.) appeared open to amending the legislation to include liability protection for colleges that follow a set procedure in dealing with troubled students.

But Bernstein doesn’t understand the “damned if you do, damned if you don’t” argument, because he said the privacy laws have clear exemptions for releasing health information in emergency situations.

“Liability is a red herring,” added Karen Bower, senior staff attorney at the center. “To go down the road of saying there should be more liability protection is presuming that there is liability in these cases.” She said no court has found a college liable for failing to prevent violent outbursts.

Ira Burnim, the center’s legal director, said colleges sometimes have the misguided view that the less they know about their students, the better. “That puts them at the most risk,” he said.

The center made its case for student protection in a recent case involving George Washington University that settled in November. It helped represent Jordan Nott, a student who sued claiming that he was forced to leave the university after seeking help for depression at the university’s counseling center. George Washington officials defended the removal as necessary to protect both Nott and other students.

A year ago, the Massachusetts Institute of Technology announced a confidential agreement to resolve a lawsuit brought by the family of a student who lit herself on fire in her dorm room and died in 2000. Last summer, Hunter College agreed to pay $65,000 to settle a suit challenging the college’s policy governing students deemed to be at risk of suicide.

“We do have concerns that colleges continue to overreact and seek to place students on involuntary leave,” Bower said.

Elia Powers

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Comments

Red Herring?

Karen Bower says: ” no court has found a college liable for failing to prevent violent outbursts.”

Just because courts have not ruled thus does not take away the filing of lawsuits. That’s why specific outlines of what should be allowed should be established. Senator Lieberman is correct.

Craig C, political pundit at http://blogresponder.blogspot.com, at 7:45 am EDT on April 27, 2007

re look the issue of Changing the Mental Health Conversation’

In the VA Tech shooting, many students and many teachers gave reports of his odd acting behavior. Cho was caught stalking women. At one point Cho was ordered to attend or sent (depends what you read) to psychiatric care.

Within the existing system of privacy if all of those “incidents” could’ve connected to place, maybe there woul’ve been an alert.

I cannot for the life of me see someone court ordered to psychiatric and no court or school have some way of monitoring the results. This may be the biggest snag. the court should’ve ordered reports to the college’s counseling or the student judicial affairs (that handles conduct issues) to prove such court orders were met.

ANyway I bleieve the solution is not in changing the law butr in defining emergency, duty to warn, and protection issues.

Nothing in any law prevents an intervention and there were times those interventions could,ve happened.

College Counselor, at 9:35 am EDT on April 27, 2007

Changing the Mental Health Care conversation

Let’s take the conversation one step in the other direction — and not assume that Cho qualified as being mentally ill.

The facts we have tell us he acted in a socially unacceptable way around others. He can do that and retain his citizen rights.

The facts also tell us he broke the law — an important personal safety law — when he stalked 2 female college students.

He cannot do that and retain the right to be with others.

Discrimination laws protect our right to act in a way that “others” deem to be socially unacceptable. We have a nasty history of doing so -hence the need for a law that says no person, group, media personality, institution, or group of ‘do-gooders’ has the right to discriminate on the basis of what “they” want to call “normal”

THAT SAID

No one has the right to intimidate,scare, or hurt others in a civil society — ANYONE who violates the rights of another needs to be removed from that society.

No excuses — Violent behavior is not a sign of mental illness. It is violence.

We need to address the social madness affecting our moral compass... and ask ourselves-

What type of reasoning allows for fuzzy time periods where we fiddle around trying to be omnipotent under some silly premise of caring for (read “labeling for")someone’s supposed ‘mental health’ when that someone hurts or intends to hurt others.

To do so is what I call crazy.

Pamela, Graduate Student/Instructor at University of MO- STL, at 9:50 am EDT on April 27, 2007

question for Pamela

Pamela, Just so you know, people probably do have a right to “scare” other people. “Scaring” is a rather subjective act, and people often claim to be “scared” by rather innocuous (or constitutionally-protected) behavior. Literally, people claim to be “scared” by anti-war demonstrators. Are you saying that just because someone claims to be “scared” they don’t have a someone lacks a right to do what they are doing?

Please tell me you are not proposing a country wherein individuals can stifle debate or expression just because 1) people are different; or 2) people have different views.

Larry, at 1:00 pm EDT on April 27, 2007

The demarcation of our civil rights

I agree with you Larry, and needto be more specific. We have the right to not be afraid of bodily harm, which is what the two college women were afraid of when they wanted Cho to stop stalking them. Which is why he needed to be held accountable.

Yet,communities often write policies that limit lewdness, profanity, and hate propoganda said in public, and there are laws that limit my speech,such as yelling “fire” in a crowded theater. But that’s not what we’re talking about here. Sorta,

kinda.

but then maybe it is...

When we yell “mentally ill” over every communication media available,

well,... some social service professionals stampede easily and only calm down by spreading labels.

Makes me wonder what purpose is served to create mental illness posthumous?

Cho was mean. He was hateful. He became a criminal. He left uncountable victims, who need support. Cho doesn’t benefit from attempts at social understanding-he’s infamous. and the legend of his mental anguish benefits who?

Pamela, Graduate Student/Instructor at University of MO- STL, at 3:10 pm EDT on April 27, 2007

freedom from fear?

Pamela, I am not sure that individuals have a right not to be “afraid” of bodily harm. There are a lot of paranoid people out there that are afraid of many things. Let me be very blunt about this: many white people are “afraid” that minorities will injure them. This is a racist and disgusting fear, but it is a “fear” of bodily harm nevertheless.

Instead, Pamela, why don’t you look at your state’s criminal code. For example, I see that you are in Missouri. Mo. Rev. Stat. 565.070 defines “assault in the third degree” as including

“The person purposely places another person in apprehension of immediate physical injury;”

http://www.moga.mo.gov/statutes/C500-599/5650000070.HTM

While “apprehension” might require some clarification, “immediate physical injury” is fairly narrow. There is no “right” to be free from all apprehension at all points in the future. Moreover, the defendant must be shown to have purposely put the person in this fear. Merely being creepy or a minority isn’t enough.

LArry, at 3:20 pm EDT on April 27, 2007

good law/ wrong point

I appreciate the opportunity to weave more legal framework into the present discussion and believe you picked a perfect statute for our conversation.

First, I hear your point that one’s fear, in and of itself, does not make my case. To tell you I am afraid of someone’s intentions is to voice my apprehension — an act of calling attention to the situation that constitutes the first criteria: I must be afraid that I am in danger.

I believe the wording of Missouri. Mo. Rev. Stat. 565.070 clarifies the second criteria

“The person PURPOSELY places another person in apprehension of immediate physical injury;”

If I purposefully place a person in harm’s way, I’ve committed a crime. If I claim or reveal my intention-the case is closed.

If I do not admit my intention and my actions result in harm to others, was it on purpose?

Now our conversation returns to the accountable — unaccountable continuum we like to call mental health...and the first straw man argument in play ( the second being scared white people)

We cannot-despite our hubris to the contrary-pin down this jello concept called “intent” and that’s the problem w/ playing god.

We can say that if someone follows me around, takes pictures of me w/ their cell phone, and pays me undue attention- that I have a right to be afraid -black, white or green, those actions are violating my personal space and the person needs to be arrested and held accountable.

As far as scared white people go, you may have something- but your minority argument does not hold water. I can be afraid of anyone but I have to have “cause” for fear to make a case for third degree assault.

I think white fear is about holding people accountable — or maybe its about closing our faviorite escape hatch for criminal behavior?

Pamela, Graduate Student/Instructor at University of MO- STL, at 6:40 am EDT on April 28, 2007

No right to distant “personal space”

Pamela, Most people that are convicted of crimes don’t “admit” their intentions. Instead, courts are left to infer intentions from manifested conduct. This is a matter of proof for trial (even though most charges are resolved via dismissals or guilty pleas).

Someone following you around taking pictures of you is like not a crime. In fact, this behavior is encouraged when it is done by police, private detectives, and journalists. “Personal space” (except the immediate area around you) isn’t really recognized by the law. I have witnessed many people claiming to be in “fear” of black people, or college girls claiming to be “Scared” by people that acted different, but were merely just clumsy conversationalists. For this reason, assault is more than just a vague feeling of fear, but there must be, at a minimum, some inference that the person intended to place the person in “apprehension” of physical injury. Taking pictures just isn’t doing this.

A mentally ill person might lack one of the elements of assault, or their illness might constitute a defense. At some level, no penal interest would be served by punishing someone that was truly ill (within the meaning of the law), since it wouldn’t discourage anyone, society wouldn’t be protected, and they wouldn’t be deterred from doing it again.

Larry, at 11:50 am EDT on April 28, 2007

Let’s learn from this horrific tragedy and not worry about potential lawsuits. The bottom line is we need to start listening to our students and doing everything in our power to help them, regardless of the “rules.” Where did we lose our humanity as teachers?

Ilene P., at 4:25 am EDT on April 30, 2007

question for Ilene

Ilene, Can you elaborate on your theory? Are you arguing that people should be branded as “nuts” (which is the popular word for the mentally ill) just because they act differently yet have committed no crime? Believe it or not, people that now seek treatment often find their names in databases. This information can come back to haunt them. Therefore, people need to understand the risks in even asking for help.

“Rules” and “the law” reflect what we value about society. When they are breached, “lawsuits” or criminal proceedings (or administrative proceedings) are the civilized way of resolving those differences.

What do you propose?

Larry, at 9:20 am EDT on April 30, 2007

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