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The Mental Health Crisis on Campus: Liability Implications of Using Emerging Technology
Betsy Grey
72 American University Law Review 471 (2022)
Open Access  |  Library Access


Institutions of higher education are facing a “mental health crisis.” Students are experiencing high rates of mental health issues, exacerbated by the pandemic. At the same time, the severity of psychological disorders is accelerating among students. These developments have put enormous pressure on traditional university support systems, and schools have turned to new technologies, like online mental health resources and monitoring systems using artificial intelligence, to expand their mental health services. This article explores the liability implications of using these emerging technologies to address these escalating needs. Universities offer mental health services in good faith to help their students succeed, and these emerging technologies potentially offer significant advantages toward meeting that goal. Tort law should not deter adoption of new technologies, but it is critical to recognize that their adoption may expand exposure to liability. Despite this paradox, use of these technologies is on the horizon, and universities need to consider their implementation.
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