Balancing Student Privacy, Campus Security, and Public Safety: Issues for Campus Leaders

Overview

The complex issues of promoting student mental health, privacy and public safety—and the delicate balance among them—weigh heavily on the minds of institutional leaders, educational policymakers, and local, state and federal officials. American campuses have a proud history of intellectual freedom, openness and public accessibility to their communities. However, the Virginia Tech shootings on April 16, 2007 marked a grim watershed in American campus violence, casting light on wide-ranging areas of concern including:

* The number of students with mental health issues on college campuses and the resources available to campuses to assist them;
* Gaps in mental health treatment nationwide;
* The legal role of the Americans with Disabilities Act (ADA), Family Education Rights and Privacy Act (FERPA), and the Health Insurance and Portability and Accountability Act (HIPAA) in campus policies and procedures;
* The state of uncertainty on campus regarding the legality of sharing information about students with mental health issues both for students’ own good and that of the campus;
* The role of families and loved ones in students’ mental health treatment and how much information can legally be shared with them by campus officials;
* Gun control laws as they pertain to people with psychiatric treatment histories;
* College and university emergency procedures, including “lock-downs” and communication methods, and;
* College and university administrative procedures regarding disturbing student behavior and the legal ramifications thereof.