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For this project, I will take the perspective of an academic counselor at Cisco College in Abilene, Texas. This is a role I currently hold and one I hope to continue after graduation. Cisco College is a two-year community college awarding certificates and associate degrees.

This legal guide is intended for use by my colleagues in the counseling field within higher education. It can also be used to inform parents or students at the community college level if they have questions regarding responses to mental health concerns within the college setting.

The topic of this legal guide is "Suicidal Students in Higher Education." A recent survey of U.S. college students found that 60.8% struggled with significant anxiety,  38.2% felt so overwhelmed they found it difficult to function, and 10.4% reported contemplating suicide over the past year (Drouin, Reining, Flanagan, Carpenter, & Toscos, 2018). Clearly, mental health is a huge concern for students, and knowing how to properly respond to a potentially suicidal student is an invaluable and important skill for educators.

References

Drouin, M., Reining, L., Flanagan, M., Carpenter, M., & Toscos, T. (2018). College Students in Distress: Can Social Media Be a Source of Social Support? College Student Journal, (4), 494. Retrieved from http://search.ebscohost.com.easydb.angelo.edu/login.aspx?direct=true&db=edsggo&AN=edsgcl.572402027&site=eds-live

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I interviewed Amy Callan, who works at Cisco College as the Nursing and Allied Health Counselor.

https://www.cisco.edu/student-life/academic-support/counseling

After talking with Callan, it became clear that mental health concerns stem from a wide variety of issues and that knowing how to deal with such issues is extremely important for higher education counselors. As counselors, there will be times a students walks into our office and we become concerned they may be a suicide risk. Knowing how to respond properly to a suicidal student and how to get them the help they need is invaluable. As counselors, we must also understand the limits of confidentiality and how it applies in situation when a student might be a danger to themselves (A. Callan, personal communication,  February 1, 2020).

Best practices:

When a student is referred to a counselor for mental health concerns, or if a student discloses themselves, the first step a counselor should take is to ask the student about their concerns. The second step is to listen, which Callan feels is the most important part of counseling (A. Callan, personal communication, February 1, 2020).

Know which agencies a student can be referred to for outside help, and keep the door open to the student after referral. Callan explained that all students are welcome to visit with her at any time to discuss further concerns (A. Callan, personal communication, February 1, 2020).

Determine if a student has a support system in place. Do they have an outside therapist that can be contacted, or a family member or friend who can come pick them up and drive them to a treatment facility? If the student does not have a support system in place, the Abilene Police Department can often provide the student with support group options (A. Callan, personal communication, February 1, 2020).

Current issue:
Small colleges such as Cisco face a concern with understaffing in their counseling departments. Though the counselors truly care about their students, the average student to staff ratio currently stands at around 1,800 students to one staff member (Iarussi & Shaw, 2016). Callan explained that this is why referrals are a necessary part of her counseling procedure, since she cannot provide personalized care to each troubled student (A. Callan, personal communication, February 1, 2020).

References

Iarussi, M. M., & Shaw, B. M. (2016). A collaborative process model for promoting successful referrals in college counseling. Journal of College Counseling, 19(3), 261–275. doi: 10.1002/jocc.12048

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The National Association of Student Personnel Administrators [NASPA] has released a manual on their website entitled "NASPA Policy and Practice Series: Strategies for Addressing Mental Health Support on Campus" by Alexa Wesley (2019). The manual can be accessed at the following link:

https://www.naspa.org/files/dmfile/NASPA_Policy_and_Practice_Issue_4_Mental_Health_DOWNLOAD.pdf

Wesley (2019) begins by outlining the concerns between student privacy legislation and health concerns. The article then covers potential responses to varying mental health concerns counselors may encounter on campus. Finally, the article lays out the guiding principles for responding to mental health concerns in college students and outlines best practices for educators (Wesley, 2019).

References

Wesley, A. (2019). NASPA policy and practice series: Strategies for addressing mental health support on campus. NASPA Research and Policy Institute. Retrieved from https://www.naspa.org/files/dmfile/NASPA_Policy_and_Practice_Issue_4_Mental_Health_DOWNLOAD.pdf

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In the article "Students Are Showing Up at Counseling Centers in Droves. But They Don’t Always Get the Treatment They Need" by Sarah Brown (2020) from The Chronicle of Higher Education, the author outlines the current state of counseling centers. The article can be accessed at the following link:

https://www.chronicle.com/article/Students-Are-Showing-Up-at/247844

With increasingly large caseloads, counseling centers are forced to make do with less (Brown, 2020).

This low level of treatment often keeps students' mental health from improving (Brown, 2020).

Fewer than half the students who need assistance end up receiving it at many overburdened colleges and universities (Brown, 2020).

References

Brown, S. (2020, January 14).

Students are showing up at counseling centers in droves. But they don’t always get the treatment they need. The Chronicle of Higher Education. Retrieved from https://www.chronicle.com/article/Students-Are-Showing-Up-at/247844

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In the article "Why colleges are looking online for mental health care" by Wayne D'Orio (2019) for Education Dive, the author discusses how some institutions have moved to offering online mental health counseling. The article can be accessed at the following link:

https://www.educationdive.com/news/why-colleges-are-looking-online-for-mental-health-care/568294/

Due to an increased need for mental health services, counseling offices at many colleges are turning to telehealth services such as texting or video chats.

Using telehealth services also allows counselors to meet students "where they are," which is often on their mobile devices.

Telehealth services are one way counselors can support suicidal students with ongoing treatment.

(D'Orio, 2019)

References

D'Orio, W. (2019, December 2).

Why colleges are looking online for mental health care. Education Dive. Retrieved from https://www.educationdive.com/news/why-colleges-are-looking-online-for-mental-health-care/568294/

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Slide 6 - Original Source of Law - State Statutory Law

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Slide 6 - Original Source of Law - State Statutory Law

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The Texas Education Code requires:

Full-time students at all levels must be provided information about mental health services.

Students must also be provided with the warning signs of suicide.

Information can be provided through a live presentation, online program or video, but cannot be only provided in paper format.

(Tex. Educ. Code § 51.9194)

Link to the law provided below:
https://statutes.capitol.texas.gov/Docs/ED/htm/ED.51.htm#51.9194

References

Required information for entering students regarding mental health and suicide prevention services, Tex. Educ. Code § 51.9194

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Slide 7 - Original Source of Law - State Judicial Law

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Slide 7 - Original Source of Law - State Judicial Law

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In Texas A&M University v. Kevin Taylor and Michelle Taylor, the Texas Tenth Court of Appeals:

Determined that Texas A&M University did indeed retain sovereign immunity in this case of a lawsuit brought against a state institution in regard to a student suicide.

TAMU's sovereign immunity as a government entity protects it from lawsuits, even those involving student suicide.

On June 14, 2019, the Texas Supreme Court refused to review the case, and the Court of Appeals decision stands.

The case reasserts public institutions sovereign immunity, largely protecting them from suits regarding student suicides.

(Texas A&M University v. Kevin and Michelle Taylor, 2018).

Link to case is provided below:
http://www.search.txcourts.gov/Case.aspx?cn=10-17-00288-CV&coa=coa10

References

Texas A&M University v. Kevin Taylor and Michelle Taylor,  No. 10-17-00288-CV, 2018 WL 3330161 (Tex. App. Jul. 3, 2018)

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Slide 8 - Original Source of Law - Federal Administrative Law

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Slide 8 - Original Source of Law - Federal Administrative Law

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Under the Federal Educational Rights and Privacy Act administrative regulations:

a college or university may disclose protected educational records to appropriate parties in a health or safety emergency.

A health or safety emergency covers concerns that the student may be a danger to themselves.

(34 C.F.R. § 99)

Link to the law provided below:
https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=f04c279b21a0a361815bf8b79ed81c03&mc=true&n=pt34.1.99&r=PART&ty=HTML

References

Federal Educational Rights and Privacy Act, 34 C.F.R. § 99

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Slide 9 - Original Source of Law - Federal Constitutional Law

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Slide 9 - Original Source of Law - Federal Constitutional Law

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Under the Sixth Amendment to the U.S. Constitution:

Citizens have a right to be secure in their persons and effects.

Citizens are protected against unlawful search and seizure.

Even if a student is suspected to be suicidal, educational institutions must take care not to infringe on their constitutional rights.

Education is considered to belong to the student, and therefore cannot be removed from them without due course.

(US Const. amend. VI)

Link to the law provided below:
https://www.archives.gov/founding-docs/bill-of-rights-transcript

References

US Const. amend. VI

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Cisco College Student Handbook

Cisco College abides by FERPA guidelines, which means educational records can be shared with appropriate parties if the student is a danger to themselves.

(Cisco College Student Handbook, 2019)

Link to handbook is provided below:
https://www.cisco.edu/uploads/files/general/Student-Life/Student-Handbook-2019-20-Revised-1.29.2020.pdf

References

Cisco College Student Handbook. (2019). Cisco College. Retrieved from https://www.cisco.edu/uploads/files/general/Student-Life/Student-Handbook-2019-20-Revised-1.29.2020.pdf

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According to the American College Personnel Association's [ACPA] Statement of Ethical Principles and Standards (n.d.), student affairs professionals must "refer students to appropriate specialists before entering or continuing a helping relationship when the professional’s expertise or level of comfort is exceeded. If the referral is declined, professional staff is not obliged to continue the relationship nor should they do so if there is not direct benefit to the student" (p. 3).

Link to the principle provided below:
https://www.myacpa.org/sites/default/files/Ethical_Principles_Standards.pdf

Referrals are an invaluable part of the process when dealing with suicidal students. Student affair professionals, such as counselors, are a good starting point for troubled students, but these students will need referrals for intensive, individualized therapy.

References

American College Personnel Association. (n.d.) Statement of Ethical Principles & Standards. Retrieved from https://www.myacpa.org/sites/default/files/Ethical_Principles_Standards.pdf

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The American Foundation for Suicide Prevention is an excellent website to learn more about the warning signs of suicide. It also includes links for resources and how to get involved in suicide prevention. There is also a page specifically dedicated to suicide on college campuses (American Foundation for Suicide Prevention, 2020).

Link to website below:
https://afsp.org/about-suicide/

References

American Foundation for Suicide Prevention. (2020). About Suicide. Retrieved from https://afsp.org/about-suicide/

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Slide 13 - Best Practices & Recommendations

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Slide 13 - Best Practices & Recommendations

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The following are recommendations for implementation by community college administration, faculty and staff regarding suicidal students:

Cisco College should incorporate a suicide prevention and mental health awareness presentation into each semester's orientation session to raise awareness and to abide by Texas Education Code (Tex. Educ. Code § 51.9194).

Each semester, community college faculty and staff need to be provided guidelines on when to breach confidentiality with a student regarding mental health concerns or suicide risks (34 C.F.R. § 99).

Cisco College should maintain a list of community agencies for referrals when a student faces a mental health crisis (A. Callan, personal communication, February 1, 2020). This also abides by NASPA guidelines.

The counseling department at Cisco College should be provided additional training which deals specifically with response to suicidal students.

Counselors at Cisco College should have an open-door policy for students, even after referrals (A. Callan, personal communication, February 1, 2020).

Cisco College should look at options to combat understaffing in its counseling department, such as telehealth services (D'Orio, 2019).

Workshops need to be offered throughout the year to teach students warning signs of suicide and where to go should they or others need help.

Ensure faculty and staff also know the warning signs of suicide so they can refer at-risk students to the counseling department.

Create student support groups on campus to offer emotional support to students dealing with mental health concerns.

References
D'Orio, W. (2019, December 2).

Why colleges are looking online for mental health care. Education Dive. Retrieved from https://www.educationdive.com/news/why-colleges-are-looking-online-for-mental-health-care/568294/

Federal Educational Rights and Privacy Act, 34 C.F.R. § 99

Required information for entering students regarding mental health and suicide prevention services, Tex. Educ. Code § 51.9194