Abstract

What degree of responsibility do universities have to prevent student suicide or violence on campus? This question was the focus of two recent state supreme court decisions, in Massachusetts and in California. Looking to legal rules that define when duties exist to protect third parties, both courts held that the unique aspects of the campus setting create a responsibility for universities to take reasonable steps to protect students from themselves and each other. Widening the scope of institutional liability in this way could encourage schools to overreact to students with mental health problems, making them less likely to come forward for treatment.

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