Legal Liability and Duty of Care: Navigating Student Mental Health Challenges in U.S. Public Universities

Abstract

The intersection of student mental health and institutional legal liability presents a significant challenge U.S. public universities are facing. With rising rates of depression, anxiety, and suicide among college students, institutions must navigate complex legal frameworks while fulfilling their duty of care. This manuscript examines the evolving legal landscape surrounding university liability in mental health crises, analyzing key judicial decisions that have shaped institutional obligations.1 It explores the decline of in loco parentis and the emergence of the facilitator university model, complicating institutional responsibility for student welfare. It also addresses the role of foreseeability, special relationships, and public policy considerations in determining liability for student suicide and self-harm. Additionally, it evaluates the legal tensions between student privacy laws—such as FERPA and HIPAA—and universities’ duty to intervene in crises, highlighting key cases that have defined disclosure obligations. Practical challenges in implementing comprehensive mental health support systems are examined, including the effectiveness of Behavioral Intervention Teams (BITs), crisis response protocols, and technological innovations in mental health monitoring. The manuscript concludes with policy recommendations for public universities, advocating for legislative reform, enhanced intervention strategies, and ethically responsible implementation of mental health technologies. By balancing legal compliance with student autonomy, institutions can mitigate liability risks while fostering a safer, more supportive environment for student well-being.