72 Am. U. L. Rev. 471 (2022).

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Abstract

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 here, and universities need to consider their implementation.

* Jack E. Brown Chair in Law, Sandra Day O’Connor College of Law at Arizona State University. I am grateful to Bob Dauber, Zak Kramer, Gary Marchant, and Joel Nomkin for helpful comments and discussions. Bego Contreras, Mason David, Ethan Randecker, and Aidan Wright provided excellent research assistance.