Student Suicides and Colleges' Liability

Robert B. Smith and Dana L. Fleming examine the nation’s first student suicide law, which was unanimously passed by the Virginia state legislature and signed by Governor Tim Kaine in March 2007. Smith and Fleming discuss the potential impact the legislation will have on student suicide litigation and the mental health crisis on campus.

“The Virginia law compounds the predicament by, in effect, creating a statutory duty to identify and treat students who are contemplating suicide. A fair interpretation of the legislation suggests not only that colleges have that special duty, but also that evidence of a college's failure to comply with the terms of the statute could be used to claim that the college had breached its duty…

In short, colleges are caught between Scylla and Charybdis. If they develop supportive mental-health policies, they risk costly and reputation-damaging litigation. If they don't, they risk students' lives.”

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