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For Troubled Students, More Protection, Not Less

I need to begin by making a few revelations.

I do not use the pharmacy at my university health center because it is staffed by undergraduate students, and I do not have any interest in students knowing what medications I take.

I stopped using the counseling services at a former university because the receptionists were undergraduate students, and that seemed like an incredible violation of confidentiality. In addition, the counseling center’s waiting room sat behind a massive glass wall on a main corridor in the student services building.

I have written stories with violence in them in creative writing classes. I even now maintain a blog that contains stories that contain violence.

I may have been, at times in my life, one of “those students” that universities might worry about.

In the wake of the massacre at Virginia Tech there will be many, many calls for action. Many of them have been made on this Web site. And many, I can agree with. I believe that universities need much better communication plans. They need much better security training. And I agree that they need, far more often, to err on the side of student safety instead of “business as usual” and concerns about image.

But what I fear most is a witch hunt for non-conformist students, and policies that chase students underground, away from counseling they need, services they need, and the help with self-expression that they need.

Already, in my work with incoming university freshmen with disabilities, I often advise them to be very careful of on-campus counseling services. I explain that they are often not confidential in the ways they might expect, and that things said to counselors all too often end up being repeated to the offices of the Dean of Students. I alert them to this for themselves and for their friends, and suggest that the first thing they do upon arriving on campus is to begin to discover off-campus, truly confidential resources that they can depend on.

I also warn them in general about “disclosure” on campus. College students can feel very safe and open in a campus environment, but that openness is often rewarded with the inappropriate spread of information. There is nothing like receiving a supposedly “helpful” e-mail from a professor, when that professor has heard about your needs from someone you gave information to in confidence. There is nothing like meeting a faculty member for the first time and realizing that they “know all about you.”

I offer these warnings to students because because many, many adolescents (and adults) need help. They need real help to manage the pressures that overwhelm them as they balance school and work and life. And they will only seek that help if they are sure that it will help, and not hurt.

In the United States today this is a real concern. Because of a failed national health policy, anything recorded about one’s physical or mental health can, and probably will, be used against them. It can eliminate job opportunities. It can halt the acquisition of health insurance. It may eliminate educational opportunities. It could even, if combined with certain ethnicities, block the ability to fly on airlines. And on campuses it can have you dropped from courses, removed from student housing, or expelled from school.

If we want those in trouble to seek help, we must assure them that these things will not happen. I am not saying that counselors, faculty and administrators should not take action when imminent threats arise — that they must continue to do. But I am saying that universities would best protect their students by ensuring that their mental health services are available, accessible, free, and fully confidential.

A troubled student must know that his or her friend down the hall will not be the one handing them birth control pills or the morning after pill, or anti-depressants, or the person making the urgent counseling appointment. They must know that their confidential communications are indeed kept confidential, absent extraordinary circumstances. They must know that they will not be penalized, immediately or in the long term, for seeking help.

If that is not the case, troubled students will not take advantage of these services, or they will lie to therapists or doctors. From personal experience I can tell you that all it takes is one bad experience to teach you to lie, to give the safe, rehearsed answers. And that does nothing for the student, and nothing for student safety.

So, in this time of crisis, as I read many calls for loosening the limitations placed by FERPA and HIPAA, I beg American higher education to go the other way.

The best way to ensure that your students are healthy is to make sure they can safely and easily avail themselves of care. And the best way to do that is to review all of your campus health and mental health procedures with an eye toward making them appear as unthreatening as possible.

Ira Socol is a special education technology scholar in Michigan State University’s College of Education.

Comments

Well said!

Sandra, at 7:50 am EDT on April 20, 2007

But isn’t warning a student how dangerous getting help can be—how everyone will ‘find out’ keep students from seeking the help that’s available? Making mental illness a *more* secretive disease is not the answer. I have had many students who take medications, seek counseling, and deal with all manner of personal issues. Finding out the others are also dealing with these same things helps them understand that they are not isolated and that their struggles are similar to many of their friends. False generalizations about what others may be experiencing often heighten’s students’ sense of isolation and “negative” difference. I agree that university communities need to offer more services for students but putting mental illness in the closet is unfair to all students, faculty, and staff who cope with mental illness in their own lives and the lives of their families.

Amy Wink, Austin Community College, at 8:25 am EDT on April 20, 2007

If you’re an employee, don’t use the Employee Assistance Program counselors because your employer will own all your treatment records and can use them against you if they choose.

Anna, at 8:25 am EDT on April 20, 2007

Well said, indeed, and the commentator Amy, although well-intentioned, needs to gain a lesson in reality. There ARE real risks involved in seeking help, and while no one wants students to have to put their emotional problems in a closet, it’s immoral to send them off for help that can make problems worse, not better. I speak as someone who was troubled in my senior year of college, 35 years ago, and the effects of forced bad treatment remain. My college handled the situation with concern, but the “therapists” I was required to see hurt me. It is a terrible situation for our students to be in, but we fail them if we sugar coat the facts. One thing I believe college therapists need to do is involve the student’s family in the discussion, not treat the student as if he/she had no family ties, but they are required to get the student’s permission to do that.

M.N., at 11:16 am EDT on April 20, 2007

Where to begin?

First, it is unconscionable for any school to be so blase about confidentiality as your column describes, and I am sorry to hear that you and the rest of your university community do not receive the basic privacy rights that all of us deserve.

But your call to make student information more opaque comes with huge complications — at what point, for instance, do the rights of an individual who may in fact be severely ill trump the rights to a quality education in a safe environment of all of the other students I teach? At what point is a history of aggression or violence (statistically not the norm, I know, but always a possibility) supposed to trump the physical well-being of the rest of my students and me? I deal with student and classroom *communities* and I am responsible to my students collectively as well as to each individually.

Lastly, my experiences as a student who sought counseling in college and grad school were generally excellent — my life was shaped, perhaps even saved, by the intelligence and caring professionalism of those who counseled me. When I comment on this topic, I do it as someone who’s been both troubled student and now long-time professor who often deals with same. How best to honor the rights of both individual and community is a question I continue to grapple with.

G, at 1:56 pm EDT on April 20, 2007

Good essay

Very thoughtful essay. For my essay on the practical problems of predicting which troubled students present a foreseeable risk to the public, see: http://shurl.org/prediction.

Karen Franklin, Ph.D., Forensic Psychologist, at 3:50 pm EDT on April 20, 2007

Quick responses

G:

I have been on many, many campuses and almost everywhere see these basic breaks in confidentiality. Each of which damages the trust a nervous student needs to have in order to either use or be truthful with a counseling program. The number of lawsuits raised against these breaches is the tiniest tip of the iceberg. So while I agree that my “call to make student information more opaque comes with huge complications” what we have now comes with far greater complications, and dangers. Students who cannot trust campus counseling will not use it.

None of this is meant to imply that there are not fine counselors out there, who do great work (as, apparently, in your case). But would you have entered that room if you felt that by doing so your life would likely end up measurably worse? Probably not. And that is why this is so important.

Amy:

In a perfect world, of course. But the consequences of having a mental illness record on your health history or insurance history can be devastating in the United States. That is a simple fact. Pretending it is not true is nothing more than lying to our students.

Ira Socol, Michigan State University, at 3:51 pm EDT on April 20, 2007

Amen

Here at UIUC I dread getting contraceptives or even treatment for things like minor (but embarrassing) infections because the place that hands them out is staffed by students. I know colleges have obligations to the Federal Work Study program, but they need to find other types of make-work that doesn’t make other students miserable.

While the counseling center doesn’t have that problem, it has a major issues with appointments. You have to get up at around 7 AM to get an initial appointment. How many depressed people like to wake up that early?

Kate, University of Illinois at Urbana-Champaign, at 4:05 pm EDT on April 21, 2007

Thanks Ira, your perspective on this issue is both fresh and insightful. Anecdotally, as a graduate student I had an encounter with the mental health services at my University that, I believe, was poorly handled and left me frustrated with the process.

From what I have heard about the VT incident is that the faculty did their job, but somehow this kid fell through the cracks of the University mental health system. We don’t need a witch hunt, we need to improve our mental health system—especially on University campuses. The problem is not how can we better coordinate a response to a potential killer, but how do we prevent students from becoming potential killers.

Nathan, at 7:05 am EDT on April 22, 2007

EAPs

My company’s Employee Assistance Program (EAP) is outsourced. There is no direct link between the company and the EAP. There are no direct conflicts of interest.

If college counseling centers are to be fully independent, they have to organizationally separated. That includes no “affiliate” status. Period.

Buzzy, at 5:10 pm EDT on April 22, 2007

The confidentiality gap

The confidentiality gap goes beyond counseling services. The wide reliance on student workers is a problem in other areas. Students janitors have the keys to our offices. We turn in our grade sheets to a student worker! IT has many student workers. I sent a mid term grade warming form through campus mail and a student’s roommate opened it as part of her job!

On FERPA: I am not so sure I agree with Ira here. I’d like for us to be able to contact parents at least in some circumstances.

Prof X, at 1:35 pm EDT on April 23, 2007

Wrong Reactions

Commentary about ways to “figure out” who might lose control misses the point entirely. If being mentally ill did not carry such an awful stigma, 33 people would not have died at Virginia Tech last week. Without the stigma, Mr. Cho might have been successfully treated. Without the stigma, people like Mr. Cho could get relief from their anguish as routinely as one with a physical condition.

Some of the comments were from people who were freaked out that a student worker might “find out” they have a mental illness. That’s the stigma at work.

Just a few short years ago, diseases like diabetes and epilepsy—and HIV/AIDS—also carried a stigma. Lifestyle choices like single parenthood, homosexuality, and wearing body art were also stigmatized. However, these are largely acceptable now. It’s OK to be a homosexual diabetic epileptic HIV positive single parent with cover-to-cover tattoos—but not to have a mental illness.

It’s not the “who did” or “who didn’t” that caused this tragedy. It was the stigma. If we face the stigma and work to overcome it, then perhaps we won’t see more tragedies like Va. Tech, Columbine....

KathyS, Instructor, at 9:30 pm EDT on April 23, 2007

Really?

Are we really calling the depraved mass murder Cho by the respectful title of “Mr."? What an insult!

JG, at 3:05 pm EDT on April 24, 2007

Having each worked in college student mental health for well over 25 years, we strongly agree with Mr. Socol regarding the importance of counseling services being confidential, but strongly disagree with his contention that students can’t depend on confidentiality when using on-campus mental health counseling services.

The importance of confidentiality is undeniable. If students fear that their confidences may be violated, they will rightly avoid opening up and getting the help they may need. Confidentiality is one of the most important professional ethical standards. Moreover, counseling centers are bound by the very same medical confidentiality laws as are off-campus mental health facilities and private practitioners. Preserving confidentiality is important to the professionals who work in university counseling centers across the nation. We take confidentiality very seriously and regularly discuss this and other ethical issues at our professional meetings.

There are only a few extraordinary situations in which confidentiality must be abridged without permission of the client. Limited releases of confidential information may be required to protect people from imminent physical harm to self or others, for example. And the limits to confidentiality are carefully described in the informed consent statements that every student receives before the first counseling session. We take pains to be clear and respectful of what is in the interest of our clients and to protect their rights.

We have serious concerns about Mr. Socol’s contention that students cannot count on receiving confidential services from a university counseling center. His advice to incoming students to be wary of getting services there is harmful in that it will likely discourage students who need care from getting it. Does he have any evidence to support this position? We do not know of a single counseling center whose policy regarding confidentiality would allow clinical information, absent the characteristics that would legally require disclosure, be “repeated to the offices of the Dean of Students” without the student’s explicit and voluntary permission.

Greg R & Jim S, at 3:40 pm EDT on April 24, 2007

Confidentiality

Greg and Jim:

Yes, I do have evidence. And in the past I have been on a university campus where the Psychology Department refused to work with the Counseling Center because of these confidentiality/ethical issues. But more important, in a population where “1 in 10″ have suicidal ideation, your guidelines are wrong. There are many campuses where a student saying “I feel like killing myself” may get them thrown out of student housing. This, in my experience working with these students, consistently makes these situations far worse. So I advise students to say these things to off-campus counselors so that they can get help, not be punished.

Of course the undergraduate employee problem is a vast confidentiality gap, as is the tendency to leave files around — as someone who worked as a student “IT guy” — I know I learned far more than I should while crawling under desks fixing computers.

Ira Socol, Michigan State University, at 5:00 pm EDT on April 24, 2007

ONE LAST REPLY FROM US

Ira,

I guess we have different experiences. However, we stand by what we have said in our previous reply. At our institution and at the institutions of all of our professional contacts (there are many), students and their confidential information are treated with respect and care. Sure, it would be better if counseling centers did not need to employ students, but at our centers and others there are strict guidelines as to what students may and may not, can and cannot access — students do not deal with confidential information, and are well trained as to the responsibilities of confidentiality. Moreover, student workers are important to the many jobs that are non-confidential in nature that originate from counseling centers, e.g., putting together outreach materials for psychoeducational programs on campus. Over the years great and greater emphasis has been placed on having adequate safeguards and procedures to prevent access by those who are not authorized.

Regarding your statement “1 in 10″ students having suicidal ideation, you seem to imply that in 10% of cases counseling centers would allow confidentiality breaches. Not so. It is a mistake to equate suicidal thoughts with permission to break confidentiality. Suicidal thoughts are common enough and a vastly different situation than imminent danger. On occasion we do take action when multiple indicators point to imminent danger. Taking such action does save lives, which is a high priority for us, needless to say. And then we work extra hard in each case to assist the student toward resolution of the danger and to make a quick and safe re-entry into life at the university.

Our concern remains that you seem to be painting with a rather broad brush based on some bad individual experiences. There is a danger over-generalizing, and therefore being in the position of advising students NOT to get the free, accessible, confidential, professional help that earnest campus-based clinicians want to give, and sending them instead off campus to pay for the same kind of help. Or maybe to get help of lesser quality because of the lack of connection with the college experience that counseling center clinicians have.

So, while we do not wish to argue further with your experiences – it does sound like you have had some disappointing ones, we do want to urge you not to draw rash conclusions about counseling centers in general. And we want to encourage people who are in a position to refer those vulnerable students to the many high quality counseling centers that are out there, confident that they are conscientiously doing their best to make a positive difference for students in times of difficulty.

Greg R & Jim S, at 2:50 pm EDT on April 25, 2007

I have been thinking about this article for the last few days: There is a real tension between the closed community of academia and the need for confidentiality in medical affairs. I think the balance has to be in the direction of confidentiality, and the kinds of practices described here really do need to change.

It’s a little different for primarily non-residential institutions, but our health services are on an open mezzanine above the cafeteria, across from a tv lounge and computer station....

Jonathan Dresner, at 4:30 am EDT on April 27, 2007

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