Colleges and universities have recently faced several lawsuits brought by parents of students who have committed suicide or made suicide attempts. The lawsuits are based on varying claims, including negligence, breach of contact, and discrimination. In crafting policies to respond to these lawsuits, universities should not simply seek limiting institutional liability but should balance the private interest of their students, the relationship of the school to parents of the students, requirements of due process, and their commitment to antidiscrimination principles. This paper focuses on the current procedural protections in university policies handling students at risk of suicide. I argue that suicidal ideation or attempt should not be treated as if the student has committed a disciplinary infraction, but should be treated as a mental health issue that should therefore not trigger a disciplinary proceeding. However, institutions should not be so quick to dismiss using disciplinary proceedings as a last resort since such a process affords students protections of minimal due process. I propose that the objectives of procedural due process, fairness, preserving the student-institutional relationship, and fact-finding in this situation should include an intermediate mediation step before resorting to disciplinary hearings or involuntary medical withdrawal.
| Identifer | oai:union.ndltd.org:YALE_med/oai:ymtdl.med.yale.edu:etd-08282007-152235 |
| Date | 08 September 2008 |
| Creators | Wei, Marlynn H. |
| Contributors | Howard Zonana, M.D. |
| Publisher | Yale University |
| Source Sets | Yale Medical student MD Thesis |
| Language | English |
| Detected Language | English |
| Type | text |
| Format | application/pdf |
| Source | http://ymtdl.med.yale.edu/theses/available/etd-08282007-152235/ |
| Rights | restricted, I hereby certify that, if appropriate, I have obtained and attached hereto a written permission statement from the owner(s) of each third party copyrighted matter to be included in my thesis, dissertation, or project report, allowing distribution as specified below. I certify that the version I submitted is the same as that approved by my advisory committee. I hereby grant to Yale School of Medicine or its agents the non-exclusive license to archive and make accessible, under the conditions specified below, my thesis, dissertation, or project report in whole or in part in all forms of media, now or hereafter known. I retain all other ownership rights to the copyright of the thesis, dissertation or project report. I also retain the right to use in future works (such as articles or books) all or part of this thesis, dissertation, or project report. |
Page generated in 0.0016 seconds