Supreme Judicial Court Rejects Challenge to Charter School Cap

Supreme Judicial Court Rejects Challenge to Charter School Cap

Supreme Judicial Court Rejects Challenge to Charter School Cap

Han Duy Nguyen had been in his third year at MIT's Sloan School of Management when on June 2, 2009, the 25-year-old jumped from the roof of a laboratory building.

The Middlesex Superior Court sided with MIT at summary judgment, however, and the Massachusetts Supreme Judicial Court affirmed that ruling Monday.

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The case was closely watched by other schools in MA, home to many institutions of higher education.

Jeffrey Beeler, an attorney who represented the Nguyen family in the wrongful death case against MIT, issued a statement saying his client is disappointed that the court found MIT had no duty to protect Nguyen from suicide.

The decision continued: "Second it recognizes that non-clinicians can not be expected to probe or discern suicidal intentions that are not expressly evident".

An estimated 1,100 students die from suicide annually and the number of students with "suicidal thoughts is even more alarming" - 6 percent of the undergraduate students and 4 percent of graduate students recently considered committing suicide out of 26,000 students surveyed nationally, the court wrote in a footnote.

While the ruling is by a MA court, the decision comes at a time of rising pressure on colleges to protect students in cases that some college leaders say may be unrealistic, or may discourage colleges from enrolling students with mental health issues.

MIT was found to be not liable for the students deaths because the judge ruled that colleges'cannot be held responsible for most student suicides
MIT was found to be not liable for the students deaths because the judge ruled that colleges'cannot be held responsible for most student suicides

The case was closely watched in the higher education community, as a ruling against MIT could have changed the landscape in terms of colleges' and universities' responsibility to prevent student suicide. "Universities are clearly not bystanders or strangers in regards to their students".

The faculty member or other "non-clinician" has the obligation of "initiating the university's suicide prevention protocol".

In Monday's ruling, the SJC said the new principles do not apply to Nguyen's family, and the court ordered the dismissal of the family's lawsuit.

The court, however, said the student never told an MIT employee that he planned to commit suicide. Nguyen, according to the SJC, engaged with MIT's support staff, but did not allow the unversity's mental health staff participate in his care. He never told any MIT employee that he meant to commit suicide, and Kafker also focused on the fact that he was living off campus and not "a young student living in a campus dormitory under daily observation". He was referred to various support services on campus and attended some intake appointments in which he revealed his mental health history, but ultimately declined assistance or treatment.

Nguyen tried to kill himself twice prior to 2009 - once in 2002 and once in 2005.

More than a dozen MA colleges and universities had filed a brief in the case, saying higher education employees who are not clinicians aren't trained to make judgments about a student's mental health.

MIT issued a statement following the ruling, calling Nguyen's suicide tragic and assuring students' well-being is of "paramount importance to the school".

Campeón de Rusia 2018 ganará 38 millones de dólares
Por su parte , el segundo puesto ganará USD 28 millones, el tercero USD 24 millones y el cuarto USD 22 millones. Es que la Selección Nacional que se consagre campeona se llevará 38 millones de dólares .

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