Thursday, May 03, 2007

Podcast on liability issues from Virginia Tech murders

Here is a link to a Lawyer 2 Lawyer podcast on liability issues related to the Virginia Tech shootings.

One of the references is to the new Virginia statute that prohibits colleges from giving the boot to students on account of attempted suicide, which is surely as ill-timed as any "civil rights" measure in history.

The statute says:

"The governing boards of each public institution of higher education shall develop and implement policies that advise students, faculty, and staff, including residence hall staff, of the proper procedures for identifying and addressing the needs of students exhibiting suicidal tendencies or behavior. The policies shall ensure that no student is penalized or expelled solely for attempting to commit suicide, or seeking mental health treatment for suicidal thoughts or behaviors. Nothing in this section shall preclude any public institution of higher education from establishing policies and procedures for appropriately dealing with students who are a danger to themselves, or to others, and whose behavior is disruptive to the academic community."

Regarding the statute, a new article in C-Ville Weekly has this commentary:

"The law, no doubt intended to let students feel free to seek help, leaves a sour taste following the Virginia Tech shootings. Could such a law have been used to keep an ill student like Cho in school?

Delegate Al Eisenberg of Arlington, the bill’s patron, says, No: 'The bill is very clear. First of all, the policies...they're not proscriptive policies. Each college and university has to decide for itself how it wants to address the problem. Secondly, the legislation makes clear that if a student is a danger to himself or herself or others, or disruptive in any way, the institution can take action… I think that pretty much closes the circle.'

Delegate David Englin, one of many legislators to support the bill, says, 'The goal of this legislation is to ensure that kids who need help get help.'"

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