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Know Your Rights

Citing concerns that college students are being kicked off campus for exhibiting mental illness, a mental health advocacy group is encouraging students to learn their rights.

The Judge David L. Bazelon Center for Mental Health Law, which has previously aided in litigation against universities for discriminating against mentally ill students, has introduced a new student guide that serves as a sort of how-to manual for students seeking counseling. In short snippets, the 27-page document answers questions like “Can I be forced to take medication?” and “Can my school require me to take leave?”

Alison Malmon, a mental health advocate who helped design the guide, said it’s intended to allay students’ fears about seeking treatment while also informing students that they are entitled to privacy and other rights when they enter counseling.

“We are essentially saying, ‘Hey students, stand up for yourselves,’ ” said Malmon, who started a mental health awareness group called Active Minds after her brother committed suicide while in college.

The online guide, entitled “Campus Mental Health: Know Your Rights,” is being promoted through the distribution of 5,000 postcards sent to more than 150 college campuses with Active Minds chapters across the country.

The Bazelon Center’s outreach effort is designed to steer more students toward mental health care providers, including campus counseling centers. At the same time, however, officials with the center still express skepticism that colleges — often fearing liability — opt to remove students rather than treat them.

“Unfortunately, we do still see the same types of cases,” said Karen Bower, a lawyer for the Bazelon Center. “We’re even seeing schools using disciplinary measures to deal with mental health issues.”

The Bazelon Center helped to represent Jordan Nott, a George Washington University student who said he was forced to leave campus after seeking help for depression. Nott reached a confidential settlement with the university in 2006.

Some Are Lukewarm to Guide

Bazelon officials say they’ve been pleased to find that college counselors appear open to distributing the guide on their campuses, even though the center has sometimes been critical of the way colleges address mental health issues. At a Tuesday briefing, Bazelon officials have specifically cited the support of the Association for University & College Counseling Center Directors. But, according to the association’s president, the group’s board of directors is still debating whether to put the Bazelon guide on its own Web site.

“The thing I like about their document for students is it does give students a good kind of background,” said Gregory Eells, president of the association and director of counseling and psychological services at Cornell University. “The pieces that are a little contentious, and probably where our board members have some concerns and want discussions, were statements about some institutions giving confidential information to student affairs administrators like it’s standard practice.”

While there may be isolated cases where counseling centers have shared confidential information, Eells said “any institution that is doing that is really in the fringes.”

Ann H. Franke, a consultant on higher education legal and risk issues, reviewed the guide Tuesday and said “basically it’s a useful document.” She did, however, “have a few quibbles.” Franke took issue, for instance, with the document’s contention that students shouldn’t be disciplined for behaviors that are “due to” an illness.

“Institutions are trying hard to look at behavior as behavior and not behavior as a consequence of illness,” Franke said. “Yes, a student with a disability may be able to curb behavior with reasonable accommodations, but behavior is behavior. I agree with the guide the students should not be disciplined for seeking help, but they do have responsibilities for their behavior.”

Franke also said the guide might have more credibility on college campuses if counselors and college administrators had helped to fashion the document. The guide was developed by the Bazelon Center staff and members of the center’s Leadership21 Committee, a group of young adults with interest in mental health advocacy issues.

“I think [the authorship] limits the effectiveness or the sort of legitimacy of the document from an institutional standpoint,” Franke said. “And that may not be what they’re seeking, but I think I would urge them to do that.”

Jack Stripling

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Comments

Mental Health & Guns

the 27-page document answers questions like “Can I be forced to take medication?” and “Can my school require me to take leave?”

Presumably these questions are being asked and answered to so students would not be discouraged from seeking help when they need it. Along the same lines, the document does not ask the question, “Can I be prohibited from owning a gun now and in the future?” This seems like a much more timely question in the wake of the Va Tech shooter and victims. By omission it would seem that the authors of the guide can provide no assurances about gun ownership.

justaguy, parent & taxpayer, at 9:30 am EDT on September 24, 2008

seeing both sides

I can see both sides. No student should be dismissed for seeking help. Honestly, I doubt a student has ever been dismissed for seeking help. Many students have been dismissed for attempting suicide on campus. The same lawyers that are walking dismissed and previously suicidal students to court are the same lawyers that are walking parents of dead and injured students to court. Violent and impulsive acts of suicide are frightening to our society. Universities over-react to mental illness events because they have been sued in the past for under reacting. You cant have it both ways. Sadly, the very laws that protect people experiencing mental illnesses are preventing the truth from being public in many of the well know legal cases. A great deal of information is not released about both parties. Students have been dismissed from college because the pose a threat to themselves and to those around them; even if they are not suicidal at the moment, the college doesn’t want to wait for the next episode. And, though this is not the politically correct thing to say, there is a small percentage of people with mental illnesses that are also anti-social; they do use the system and they do refuse to control their behavior. The solution will not be found on either side of this debate. Only when we truly value all people, with and without mental illness, will we be able to hold conversations without lawyers and find the best policy of when to retain and when to dismiss.

karl laves, at 5:45 pm EDT on September 26, 2008

Students Need Services, Not Censure

Sunday, March 19, 2006; B08

According to the U.S. Department of Health and Human Services, about 1,100 suicides occur on college campuses each year. This devastating statistic shows the need for colleges to change their institutional approach to issues of depression and suicide.

I am a freshman at George Washington University, which has been in the news lately for having asked a depressed student to leave ["GWU Suit Prompts Questions of Liability; School Barred Depressed Student,” front page, March 10].

Since I came to GWU from Minnesota, I expected to feel displaced, but I quickly realized that almost all freshmen are foreigners in the world of college. Adjusting to college has been overwhelming at times — the stress of exams, money issues, club meetings, work, making new friends, keeping in touch with family. So I was stunned to hear that if I had chosen to check myself into the hospital, I could have compromised my enrollment in the university and been barred from campus.

I certainly understand the university’s concern, but the message such policies send to students is that depression is not okay and that students who tell a counselor that they are having suicidal thoughts may find themselves kicked out of school. Such a message hardly encourages depressed or troubled students to seek help and only isolates them further.

During the midterm exam period, I heard more than a few students say that they wanted to die. The casual mention of such dark thoughts shows how common depression is among college students. To my knowledge, none of these students attempted suicide, but the stress — and the distress — was real.

Suicides in past years have led GWU to offer mental health services, such as the University Counseling Center, where students can talk to counselors about any problem or join a support group. The counseling center also has a Web site with extensive information about depression and suicide. The Student Health Service is another great resource for students. It held a health week and a screening for depression in October.

But these efforts fall short. The counseling center allows students only a limited number of sessions with one counselor before they must reapply. This policy makes some students feel that they are lost in an impersonal shuffle. And while screening students for depression may be an excellent idea, the timing is wrong. In October freshmen have just arrived on campus and don’t know what is in store for them.

Mental health cannot be a taboo issue on college campuses. Many students need assistance at some point during their college careers. If universities made it known to entering freshmen that help would be available, students would feel less alone if and when such feelings emerge. College is often the first time many young people have lived away from their parents, but if colleges would take a guiding role, the transition to independence would be easier.

I love GWU because its staff truly cares about each student. But instead of punishing troubled students for seeking help, the university should offer enough mental health services to support its students in their time of need.

— Meredith Raimondi

meredith raimondi, students need services not censure at gwu, at 8:30 pm EDT on October 17, 2008

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