This Note begins in Part II.A by discussing traditional liability of third parties when an individual commits suicide. Part II.B details the increasing problem of suicide on our nation’s college campuses and the need for a legal response. Turning to FERPA in Part II.C, this Note focuses on the discretionary provision allowing for disclosure, and the potential punishments for FERPA violations. Part II.D then discusses the confusing recent case law addressing a duty to prevent or a lesser duty to notify. Part II.E discusses the recent increase in suicide-related litigation against colleges and universities, and further extrapolates on frustration felt by institutions that are presently unsure of how to handle these situations.
Part III.A contends that the traditional reasons for not imposing a duty to prevent suicide do not apply when considering a duty to notify. Part III.B expounds on the merits of family involvement in a student’s mental health treatment, and Part III.C details how Congress should amend the discretionary provision of FERPA to encourage such family involvement. Part III.D then explains how the present case law sends a confusing message to colleges and universities, and has created a need for uniformity in the law. In III.E, this Note asserts that clearer guidelines will help institutions make better decisions, and help decrease litigation. In Part IV, this Note concludes that FERPA must be amended in three related ways by: 1) requiring institutions to address mental health issues; 2) clearly defining what an emergency is; and 3) mandating parental notification in these emergency situations. . . .