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Slide #1 - Managing suicidal student concerns and privacy in Higher Education

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Slide #1 - Managing suicidal student concerns and privacy in Higher Education

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Professional Perspective:
I am a student in higher education, focusing on legal and ethical principles within the context of student privacy and mental health concerns. My field involves understanding the intersection of student well-being, institutional responsibilities, and legal requirements related to privacy, particularly concerning suicidal ideation and related crises.

Audience:
This Legal Guide is designed for higher education professionals, including college administrators, counselors, and faculty members, who may encounter situations involving students at risk of suicide. The intended audience also includes legal advisors within educational institutions who guide policy and ensure compliance with privacy laws.

Topic of Legal Guide:
The topic of this Legal Guide focuses on managing suicidal student concerns while ensuring compliance with privacy laws, such as FERPA. In higher education, there is a delicate balance between supporting students in crisis and protecting their privacy. Educational institutions must navigate these challenges to provide effective support while complying with legal standards on student data privacy.

Why I Chose This Topic:
The issue of student suicide has become a critical concern in higher education, with increasing rates of mental health challenges among students. At the same time, educators and administrators must ensure that they act responsibly while respecting privacy rights. By exploring this topic, I aim to highlight the legal and ethical considerations involved in managing suicidal students' concerns and the importance of informed, compassionate responses within the bounds of the law.

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1) Why the Topic is Important in Higher Education:

Mental health challenges, including suicidal ideation, have become a significant issue on college campuses, affecting students' well-being and academic success.

Higher education institutions are legally obligated to protect students' privacy while addressing concerns related to suicidal ideation and self-harm.

Striking the right balance between providing support and maintaining privacy is crucial for both students' safety and compliance with laws like FERPA (Family Educational Rights and Privacy Act).

Institutions that fail to appropriately manage suicidal student concerns risk not only student harm but also legal and reputational consequences.

2) Emerging Issues Educators Should Watch:

One emerging issue is the evolving interpretation of privacy laws regarding suicidal students. The use of electronic health records, telehealth services, and campus-based mental health apps may lead to new challenges around data security and access.

Another concern is the increasing number of students seeking mental health support, which places strain on counseling services and increases the likelihood that educators will encounter students in crisis.

As the conversation around mental health and privacy evolves, it is essential to stay informed about changes to privacy laws and how they affect the handling of sensitive information in crises.

Educators and administrators must also be prepared for potential litigation surrounding how institutions handle suicide prevention and mental health crises.

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Resource:
National Association of College and University Attorneys (NACUA)

Citation:
National Association of College and University Attorneys. (2024). Resources on mental health, student privacy, and suicide prevention in higher education. NACUA. Retrieved from https://www.nacua.org

Summary:
NACUA provides valuable resources for understanding the legal responsibilities of higher education institutions in managing student privacy and mental health issues. Their materials include detailed guidance on FERPA compliance, crisis management, and student health disclosures, making it a critical resource for legal advisors, administrators, and counselors. NACUA’s resources help institutions navigate the legal complexities of responding to suicidal students while ensuring adherence to privacy laws, particularly when balancing the need for intervention with student rights.

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Article Title:
A Student Died on Campus, and the University of Wyoming Stayed Silent for 3 Weeks

Citation:
Watson, T. (2024, October 24). A student died on campus, and the University of Wyoming stayed silent for 3 weeks. WyoFile. Retrieved from https://wyofile.com/a-student-died-on-campus-and-the-university-of-wyoming-stayed-silent-for-3-weeks/

Summary:

This article discusses the delayed response of the University of Wyoming following a student suicide on campus.

Administrators chose to remain silent for weeks while they awaited updated national suicide response guidelines.

The delay in communication raised concerns about the institution's handling of student deaths, highlighting a tension between respecting privacy and ensuring transparency for the campus community.

The case serves as an example of how universities must balance legal obligations, such as privacy under FERPA, with the ethical need for timely and compassionate communication in the aftermath of a suicide.

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A student died on campus, and the University of Wyoming stayed silent for 3 weeks - WyoFile

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Administrators said they decided to notify the campus weeks later after learning about changes to national suicide response guidelines.

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Article Title:
‘There Was a Noise’: Student Recalls Witnessing Possible Suicide in MTSU’s Library

Citation:
Danquah, S. (2024, October 30). ‘There was a noise’: Student recalls witnessing possible suicide in MTSU’s library. WSMV. Retrieved from https://www.wsmv.com/2024/10/31/student-witness-mtsu-library-suicide-speaks-out-before-campus-vigil/

Summary:

This article recounts a student's experience witnessing a suicide at MTSU's library, where a student died by suicide in a public space.

The article highlights the emotional and psychological impact on witnesses, along with the challenges for universities in providing support to the affected students.

It underscores the importance of creating supportive campus environments and ensuring that mental health resources are accessible to students at risk.

The article also raises ethical questions about how universities should handle public crises like suicides while respecting student privacy and managing the emotional fallout for witnesses and the broader campus community.

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‘There was a noise’: Student recalls witnessing possible suicide in MTSU’s library

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Hundreds of students filled up the front portion of MTSU’s James E. Walker Library sharing messages of hope for those struggling.

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Slide #6 - Law - Family Educational Rights and Privacy Act (FERPA)

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Slide #6 - Law - Family Educational Rights and Privacy Act (FERPA)

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Citation: U.S. Department of Education. (1974). Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g; 34 C.F.R. Part 99.

Source of Law: Statutory/Administrative

URL: https://www.ecfr.gov/current/title-34/subtitle-A/part-99?toc=1

Brief Summary:
FERPA protects the privacy of student education records but allows disclosure without consent in emergencies to protect the health or safety of individuals. This is crucial for universities addressing student suicides or other mental health crises.

Health and Safety Exemption: Under 34 C.F.R. § 99.36, FERPA permits disclosure to appropriate officials in emergencies when there is a significant threat to the health or safety of the student or others. This exemption allows for information sharing with mental health professionals, campus safety, and other staff involved in responding to the crisis.

BIT/CARE Teams: Disclosures can also extend to Behavioral Intervention Teams (BIT) or Campus Assessment, Response, and Evaluation (CARE) teams, which are vital for assessing and managing students at risk. These teams can intervene to provide necessary support while maintaining compliance with FERPA.

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The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. We recommend you directly contact the agency responsible for the content in question.

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Citation: Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 U.S.C. § 1092.

Source of Law: Statutory

URLS: https://www.law.cornell.edu/uscode/text/20/1092#
Clery Center

Brief Summary:
The Clery Act requires higher education institutions to disclose campus crime and safety policies, including timely warnings and emergency notifications.

Application to Student Suicides: When a suicide or potential suicide occurs on campus, the Clery Act mandates the issuance of an emergency notification or timely warning if there is an ongoing threat to the campus community. However, these disclosures must balance the need for transparency with respect for student privacy under FERPA and other privacy laws.

Emergency Notifications: Institutions must notify the campus community about serious incidents, including suicides if they pose a threat to safety. These notifications are critical for maintaining an informed and protected environment while respecting privacy concerns.

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Slide # 8 - Law - Title II of the Americans with Disabilities Act (ADA)

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Slide # 8 - Law - Title II of the Americans with Disabilities Act (ADA)

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Citation: Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12131–12134; 28 CFR Part 35.

Source of Law: Statutory/Administrative

URL: https://www.ecfr.gov/current/title-28/chapter-I/part-35

Brief Summary:
The ADA prohibits discrimination based on disability, including mental health conditions.

Accommodations for Mental Health Conditions: Under Title II of the ADA, higher education institutions are required to provide reasonable accommodations for students with disabilities, which may include mental health conditions. This ensures that students experiencing suicidal ideation or emotional distress receive the support they need.

Privacy and Disclosure: Universities must maintain student privacy while offering necessary accommodations, including mental health services. Institutions can disclose information to specific individuals within the institution to coordinate care and respond to urgent health concerns while balancing privacy protections.

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Due to aggressive automated scraping of FederalRegister.gov and eCFR.gov, programmatic access to these sites is limited to access to our extensive developer APIs.

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Citation:
SHIN v. MASS. INST. OF TECHNOLOGY, No, No. 020403 (Mass. Cmmw. Jun. 27, 2005)

Source of Law: Judicial

URL: https://www.ogc.emory.edu/downloads/advisories/AmicusBrief-A056374.pdf
Casetext

Brief Summary:
This court case set a precedent regarding institutional responsibility in preventing student suicides.

Duty of Care: While universities are not held responsible as insurers of student safety, they have a duty of care when there is knowledge of an imminent risk of harm. The case emphasized that when staff members are aware of the potential for self-harm or suicide, institutions must take reasonable steps to intervene, including providing mental health support and notifying the necessary parties.

Implications for Institutional Policy: The ruling underscores the importance of institutional policies on crisis response, highlighting that universities must act to prevent harm while respecting student privacy.

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Slide #10 - Angelo State University - OP 64.03: Reporting Student Deaths

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Slide #10 - Angelo State University - OP 64.03: Reporting Student Deaths

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Citation:
Angelo State University. (2024). OP 64.03: Reporting student deaths.

Source of Law: Administrative Law

URL: OP 64.03 Policy Document

Brief Summary:
This policy outlines the procedures for reporting student deaths, including responsibilities of university staff and notification protocols.

Reporting Procedures: The policy emphasizes adherence to legal and institutional requirements, such as FERPA, to balance privacy concerns with the need to notify relevant parties within the institution (e.g., BIT/CARE teams, administrators) and external authorities.

Respect for Family and Privacy: OP 64.03 ensures that, while notifications are made to the appropriate officials, the privacy of the deceased and their family is respected, in compliance with FERPA and institutional guidelines. The policy also integrates support mechanisms for handling the emotional and psychological impacts of a student death on the campus community.

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NASPA Guiding Principle: "Act with integrity and honesty, being transparent with others, and demonstrating fairness, respect, and concern for their well-being."

Citation: NASPA (2020). NASPA Guiding Principles and Code of Ethics. Retrieved from NASPA Code ofEthics.

Connection to Topic:
The ethical dilemma in cases of suicidal students often revolves around balancing confidentiality with the duty to intervene for the student's safety. While confidentiality is crucial, the responsibility to act in the best interest of the student, even when it means disclosing information to protect their health and safety, directly aligns with this ethical principle. Institutions must ensure they are transparent, respectful, and act with the student's well-being in mind, navigating the delicate balance between privacy and intervention.

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NASPA Code of Ethics, Conduct, and Engagement Policies

NASPA is dedicated to providing a welcoming environment in all its programs, services, and volunteer opportunities. The Association strives to address the interests of its members and the student affairs profession on issues related to social justice, equity, and inclusion. We seek to foster a positive environment built upon a foundation of trust, respect, open communication, and ethical behavior.

NASPA's Guiding Principles of Integrity, Inclusion, Inquiry, and Innovation ground the manner in which we expect members, participants, and staff to interact with one another in our programs, services, and volunteer opportunities. We seek to cultivate a welcoming environment based on open communication, ethical behavior, accountability, and learning.

Policy and Non-Discrimination Statement

NASPA does not discriminate on the basis of race; color; national origin; religion; sex; age; gender identity or expression; affectional or sexual orientation; veteran status; disability; marital status; personal appearance; family responsibilities; genetic information; educational status; political affiliation; place of residence or business; source of income; caste; matriculation; credit information; status as a survivor or family member of a survivor of domestic violence, a sexual offense, or stalking; reproductive health decision making; or any other basis protected by law in any of its policies, programs, publications, and services. NASPA prohibits discrimination and harassment at any time, including during its events or within publications and online learning communities.

NASPA Code of Ethics

Adapted from the Higher Education Consortium for Student Affairs Certification Code of Ethics, the NASPA Code of Ethics governs the Association's professional development, operations, and volunteer engagement. Ethical practice is essential, fundamental, and integral to student affairs and services work. The Code of Ethics is as follows:

As student affairs educators, in collaboration with other institutional stakeholders, our objectives include protecting the well-being of our students, fostering their individual and personal development, and teaching and learning from our colleagues to achieve these objectives.

This Code is structured in three parts, beginning with ethical guiding principles, which serve as overall objectives for student affairs educators. The second section, ethical goals, outlines goals that serve as aspirational guideposts to motivate high-level performance in the profession. These goals pertain to contributing to the profession, higher education institutions, and students and others. The third section, ethical obligations, sets forth ethical actions of student affairs educators and behavior they must avoid.

Ethical Guiding Principles

The following guiding principles serve as overall objectives for student affairs educators:

Act with integrity and honesty.

Communicate relevant and appropriate information while protecting confidentiality and privacy.

Deliver quality and excellence in our work with students.

Improve our competencies through continuous learning and skill development.

Pursue welcoming, inclusive, equitable, and just student affairs communities.

Respect the diversity and diverse identities of our students and colleagues.

Support the well-being of ourselves and others.

Treat people with dignity, respect, and compassion.

Ethical Goals

The following are aspirational goals to promote high-level performance as student affairs educators:

Goals for Contributing to the Profession

Student affairs educators are encouraged to engage in the following types of actions to support and advance the student affairs profession:

Cultivate one's knowledge and skills within student affairs.

Develop ideas, conduct research, and share information within the profession to improve student affairs practices and the overall higher education student experience.

Engage honestly and responsibly in professional, personal, job reference, and career communications.

Exemplify and promote ethical standards in student affairs, including professional preparation and development programs.

Identify and intervene with appropriate resources and procedures in crisis situations.

Participate in higher education association activities, and make colleagues and students aware of the career and educational opportunities within the profession.

Promote the well-being of students, colleagues, and supervisees.

Goals for Contributing to Our Higher Education Institutions

Student affairs educators are encouraged to engage in the following types of endeavors to contribute to the well-being and ongoing improvement of their institutions:

Avoid private interests, obligations, and transactions that conflict with one's responsibilities and work obligations.

Be a responsible steward of the institution's human, environmental, fiscal, and technological resources.

Pursue advancements in institutional programs and efforts that foster equity in the learning, social, and developmental experiences of students and communities.

Uphold institutional policies and work to identify, address, and advocate for areas of improvement.

Goals for Contributing to Others

Student affairs educators are encouraged to engage in the following types of endeavors to contribute to the well-being and ongoing development of their students, colleagues, and supervisees:

Communicate responsibly, whether in person, through social media, or with other technology.

Consult colleagues and other qualified professionals when unsure about professional practice responsibilities.

Engage other resources and professionals appropriately when individuals and situations call for it.

Ensure the arrangement of accessible, safe, and comfortable physical spaces for students and staff.

Honor the intellectual property of others by ensuring the accuracy of others' work and giving proper attribution.

Maintain healthy and appropriate relationships with students, clients, stakeholders, and supervisees.

Represent professional qualifications, including education, professional affiliations, and relevant experiences, in an accurate, complete, and truthful manner.

Respect the privacy, identity, and confidentiality of students and other stakeholders as appropriate.

Treat others fairly and without discrimination.

Ethical Obligations

Individuals must not violate the following ethical requirements as a student affairs educator. The requirements focus on the expectation that, in the course of their professional work and activities, student affairs educators are not to harm others. NASPA will not tolerate individuals who engage in the following:

Acts of violence, sexual misconduct, dishonesty, or gross dereliction of duties, including when such acts result in being terminated from your professional position or being convicted of a crime.

Harass, intimidate, or unlawfully discriminate against students, colleagues, supervisees, or others.

Harm others by engaging in conflicts of interest or dual or multiple relationships with students or supervisees.

Harm others by the unauthorized use or disclosure of personal, confidential, or sensitive information.

Misrepresent your credentials, professional qualifications, achievements, professional affiliations, and relevant experiences to Association or to others.

Put others at risk by working while impaired or in a condition in which you are unable to fulfill your duties.

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NASPA Guiding Principles and Code of Ethics

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As student affairs educators, we know the value of equitable and inclusive learning environments, and we understand our essential role in creating healthy, brave curricular and co-curricular spaces.

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Slide # 12 - Helpful Resource for Professionals in Higher Education

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Slide # 12 - Helpful Resource for Professionals in Higher Education

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Resource:
Title: Suicide Prevention Resource Center (SPRC) - Colleges and Universities
Publisher: Suicide Prevention Resource Center (SPRC)
Year: 2023

Citation:
Suicide Prevention Resource Center. (2023). Suicide prevention in colleges and universities. Retrieved from https://sprc.org/settings/colleges-and-universities/

About the Resource:
The Suicide Prevention Resource Center (SPRC) offers a wealth of resources focused on preventing suicide in college and university settings. This page provides guidance on creating comprehensive suicide prevention programs, promoting mental health awareness, and establishing support systems for students. It includes best practices, training opportunities, and policy recommendations tailored to higher education professionals.

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Suicide and suicidal behaviors are a major concern for colleges and universities. Suicide is a leading cause of death among college and university students in the United States (see Scope of the Problem section). ¹ In addition to the students who die by suicide, many others struggle with suicidal thoughts and other mental health problems. Fortunately, colleges and universities also provide unique opportunities for comprehensive suicide prevention planning.

Recognizing the importance of addressing suicide prevention in these settings, the Substance Abuse and Mental Health Services Administration (SAMHSA) has provided grants to support suicide prevention in campus communities since 2005. For more on the Garrett Lee Smith Suicide Prevention Program, see our Grantees page.

Why Address Suicide Prevention

Mental health issues often first appear between the ages of 18 and 24, so colleges are uniquely situated to help these young people.²

Students' mental health can affect their academic performance.

Suicidal thoughts and behaviors can impact the entire campus community.

How Colleges and Universities Can Take Action

The best way to prevent suicide is to use a comprehensive approach that includes these key components:

​ References

1. Schwartz, A. J. (2006). College student suicide in the United States: 1990-1991 through 2003-2004. Journal of American College Health, 54(6), 341-352.

2. Kessler, R. C., Berglund, P., Demler, O., Jin, R., & Merikangas, K. R. (2005). Lifetime prevalence and age-of-onset distributions of DSM-IV disorders in the National Comorbidity Survey Replication. Archives of General Psychiatry, 62, 593-602.

Learn More

See the Recommended Resources below selected by SPRC personnel.

See All Resources Related to Colleges and Universities for a full list of materials, programs, trainings, and other information available from SPRC. Use the filters on the left to narrow your results.

For more on other settings and groups, see our Settings and Populations pages.

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Suicide and suicidal behaviors are a major concern for colleges and universities. Suicide is a leading cause of death among college and university students in the United States (see Scope of the Problem section).

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Slide #13 - Recommendations for Educational Practice and Legal Compliance

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Slide #13 - Recommendations for Educational Practice and Legal Compliance

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Develop clear communication protocols: Ensure that all staff members understand their responsibilities in reporting and responding to potential suicide risks, with clear channels for intervention and notification.

Establish a comprehensive mental health program: Implement services that are easily accessible, including counseling, crisis intervention, and peer support, to support students struggling with mental health issues.

Train staff on legal and ethical responsibilities: Ensure that faculty, staff, and administrators are trained on FERPA, the Clery Act, and other relevant laws regarding privacy and emergency notifications related to suicide threats.

Promote transparent policies on student death notification: Develop clear institutional policies for handling and disclosing student deaths in compliance with FERPA and other applicable laws, focusing on respecting privacy and informing the community appropriately.

Ensure mental health accommodations under the ADA: Recognize mental health conditions as disabilities and ensure that students receive reasonable accommodations, including modified coursework or academic support, as necessary.

Foster a campus culture of awareness and support: Engage students, faculty, and staff in conversations about mental health, reducing stigma and encouraging early intervention when students show signs of distress.

Integrate suicide prevention into campus security policies: Ensure that timely warnings and emergency notifications, as required under the Clery Act, include suicide-related incidents when they pose a risk to student safety.

Review and update policies regularly: Continuously evaluate and update institutional policies on suicide prevention, intervention, and legal compliance to stay current with best practices, laws, and research developments.