Expansion of Colleges' Legal Responsibilities Regarding Student Mental Health

We review recently published literature about the mental health of college students, as well as current court cases litigating colleges' liability for student mental health and safety.

College students experienced a dramatic increase in mental health symptoms during the early phase of the COVID-19 pandemic, with clinically significant increases in anxiety and depression. Meanwhile, in contrast to the past when colleges were mostly immune to liability for harm to students, a major shift occurred with the courts beginning to recognize colleges as having a legally defined "special relationship" to protect students from foreseeable harm. Recently, court cases in many states have expanded the circumstances under which colleges have a responsibility to protect students from themselves and from each other, and to foster students' mental health. The past few years have constituted a changing landscape for colleges with regard to their legal responsibilities related to student mental health. As college students experienced worsening mental health distress, recent court cases increased colleges' liability to ensure safety and create a supportive environment for students' mental health.