In the wake of a settlement between George Washington University and a student threatened with expulsion for checking himself in to a mental health facility, Boston University officials say the school has no plans to adjust its mental health services, which recommends a small number of students to withdraw from the university each year for mental recooperation.
GWU student Jordan Nott sued his former university for discrimination under the Americans with Disabilities Act after the university threatened to expel him when he stopped taking university-prescribed medications and checked himself into a mental health clinic. The school claimed he exhibited “endangering behavior,” breaching the code of student conduct.
BU spokesman Colin Riley said Boston University does not plan to change its policy concerning mental health treatment. Riley said the university encourages students to seek mental health assistance should the student need it.
“Students who indicate any sign of distress, we want them to be seen by a mental health professional,” he said.
Danielsen Institute Clinic Director George Stavros said only about 15 to 20 percent of those who come into the clinic to receive help are students.
Among the estimated 100 students who come into the clinic, Stavros said the Danielsen Clinic will recommend withdrawal from the university for less than five students. Stavros said the clinic only recommends withdrawal when it is the best available option for improving the student’s mental health after a “comprehensive intake assessment.”
“Our primary concern is the mental health of the student,” he said.
Legal precedent also suggests BU could be found liable if it did not extend mental health services to suicidal students.
“It is clear from recent case law that institutions will be exposed to liability if, instead of trying to deal with psychological problems, they act to remove the student from the university in order to eliminate their responsibility,” Disability Services Director and American Disability Act Compliance Officer Allan Macurdy said in an email. “Colleges and universities must act appropriately, which means getting a student into the mental treatment and observational setting that they need.”
Macurdy pointed to a 2000 case in which the parents of Massachusetts Institute of Technology student Elizabeth Shin, who killed herself in her dorm room in 2000, sued the school for neglecting warnings about their daughter’s suicidal tendencies. While many of the charges were dropped, a judge ruled in 2005 the Shins had grounds to continue a case against MIT psychiatrists and two administrators.
“The university and its mental health professionals were alleged to ignore or downplay evidence that the student was suicidal, resulting in the death of the student,” Macurdy, who is also a visiting law professor, said.
Before students consider leaving the university, Riley said BU encourages the student to seek help from a number of resources, including the Danielsen Institute Clinic, before considering withdrawal. But he admitted not all students are willing to receive help.
“We wish people would take advantage of these resources,” Riley said.