Skip to main content

Should NH allow schools to be held liable for a student’s suicide?

Image
News Date
Body

Earlier this month, the father of an MIT graduate student brought a lawsuit against the school claiming the college was responsible for his son’s death in 2009. The family says the school knew their son was a suicide risk and did nothing to prevent it. MIT says it tried to provide the student with services, but he refused as he wanted to keep his private and academic lives separate.

Courts reluctant to hold schools liable

Similar lawsuits have been filed in other states, against both primary and secondary schools, but thus far the rulings have come down on the side of the educators and school districts. Barring any evidence of negligence - such as failing to tell parents if a student attempts suicide on school grounds - courts have been reluctant to place blame on schools and teachers for a suicide, which is viewed as an unpredictable tragic event.

If the Massachusetts Supreme Court sides with the family and finds that schools have a legal duty to provide ‘reasonable care’, it will be the first high court in the 50 states to do so.

New Hampshire state policy on suicide

There is no state law in New Hampshire that opens schools up to liability for a student's suicide, nor has there been any attempt to implement such a law.

New Hampshire does have laws against bullying, however, in 2016, the state legislature killed a bill that would allow parents to sue schools under the state’s anti-bullying law.

Click here to learn more about New Hampshire's anti-bullying law.

Schools should have legal responsibility to provide reasonable care

Those who support holding schools liable for a student’s suicide point out that schools should have a legal responsibility to act with reasonable care to prevent a student from harming themselves. By interceding, they may be able to connect the student to resources that can help.

Educators protest they are not qualified to evaluate mental health

Schools protest that untrained employees do not have the capability to make decisions about a student’s mental health. Additionally, such a law could open a can of worms by encouraging similar lawsuits against parents and employers.

Should New Hampshire allow schools to be held liable for student suicides? Let us know your opinion.

Comments

Login or register to post comments

Thank you to our sponsors and donors