Parents proceed with MIT case.

A JUDGE'S RULING IN A LAWSUIT AGAINST THE MASSACHUSETTS INSTITUTE of Technology has set off an alarm in higher education. The parents of Elizabeth Shin, a sophomore who committed suicide in 2000 by setting herself on fire in her dorm room, were told they could proceed with some of their claims against MIT in a $27 million lawsuit. The case likely will go to trial later this year.

Attorneys for universities and colleges have been watching the MIT case closely for several years because of the debate it raises about an IHE's responsibility for students' well-being. Sadly, suicides and student deaths happen on campuses large and small. The trend has been for IHEs to offer more counseling services to students, as MIT did with Shin. But how responsible is a university to monitor the mental health of students? What is the responsibility if, as in the Shin case, a student commits suicide after receiving treatment? There is no clear answer, but more guidelines will unfold as the case continues through the legal system.

In the most recent decision against MIT, Judge Christine McEvoy, a Middlesex Superior Court Judge, dismissed in August some of the suit's claims directly against MIT. She did rule, though, that the parents' lawsuit could proceed against four psychiatrists at MIT and two university administrators who are not mental health professionals. It reportedly is unusual to hold nonclinicians accountable for a person's mental health, but this lawsuit, specifically, can go for ward against the housemaster of Shin's student residence and a student life dean. The judge ruled the housemaster and the dean had a "special relationship" with Elizabeth Shin. They could "reasonably foresee that Elizabeth would hurt herself without proper supervision."

Sheldon Steinbach, the general counsel of the American Council on Education, is concerned about the recent ruling. "There is a fear that administrators will overreact and just send troubled students home." The ruling further tests a student's right to privacy. In the case, Shin's parents say Elizabeth would have been better off had they been more appraised of her problems. But would parental involvement prevent students from seeking help in the first place? "Students visit health-care centers for many reasons," says Steinbach. Some need follow up for depression, or other complex mental health issues. Others need to discuss sexual behavior or substance problems. "How comfortable would students be if they knew that the center was going to turn around and call home?" Steinbach asks.

Shin had a troubled history at MIT. During 1999, her freshman year, she was hospitalized for overdosing on Tylenol with codeine. She was treated by psychiatrists for 14 months, notes an MIT statement. Prior to killing herself she had told two students she was planning her suicide. Administrators and psychiatrists met to discuss her case and one arranged for Elizabeth to receive treatment at a facility outside of MIT.